Decree 24/2025/ND-CP penalties on administrative violations in commercial activities, production of, trading in counterfeit or banned goods and protection of consumer rights

DECREE

Amending and supplementing a number of articles of the Government’s Decree No. 98/2020/ND-CP dated August 26, 2020, providing penalties on administrative violations in commercial activities, production of, trading in counterfeit or banned goods and protection of consumer rights, which has a number of articles amended and supplemented under the Government’s Decree No. 17/2022/ND-CP dated January 31, 2022, amending and supplementing a number of articles of decrees on sanctioning of administrative violations in the fields of chemicals and industrial explosive materials; electricity, hydroelectric dam safety, economical and efficient use of energy; commercial activities, production of, trading in counterfeit or banned goods and protection of consumer rights; petroleum, petrol, oil and gas trading

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Pursuant to the Law on Organization of the Government dated June 19, 2015; the Law Amending and Supplementing a Number of Articles of the Law on Organization of the Government and the Law on Organization of Local Administration dated November 22, 2019;

Pursuant to the Law on Handling of Administrative Violations dated June 20, 2012, and the Law Amending and Supplementing a Number of Articles of the Law on Handling of Administrative Violations dated November 13, 2020;

Pursuant to the Commercial Law dated June 14, 2005;

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

Pursuant to the Law on Protection of Consumer Rights dated June 20, 2023;

At the proposal of the Minister of Industry and Trade;

The Government hereby promulgates the Decree amending and supplementing a number of articles of the Government’s Decree No. 98/2020/ND-CP dated August 26, 2020, providing penalties on administrative violations in commercial activities, production of, trading in counterfeit or banned goods and protection of consumer rights, which has a number of articles amended and supplemented under the Government’s Decree No. 17/2022/ND-CP dated January 31, 2022, amending and supplementing a number of articles of decrees on sanctioning of administrative violations in the fields of chemicals and industrial explosive materials; electricity, hydroelectric dam safety, economical and efficient use of energy; commercial activities, production of, trading in counterfeit or banned goods and protection of consumer rights; petroleum, petrol, oil and gas trading.

Article 1. Amending and supplementing a number of articles and sections of the Government’s Decree No. 98/2020/ND-CP dated August 26, 2020, providing penalties on administrative violations in commercial activities, production of, trading in counterfeit or banned goods and protection of consumer rights, which has a number of articles amended and supplemented under the Government’s Decree No. 17/2022/ND-CP dated January 31, 2022, amending and supplementing a number of articles of decrees on sanctioning of administrative violations in the fields of chemicals and industrial explosive materials; electricity, hydroelectric dam safety, economical and efficient use of energy; commercial activities, production of, trading in counterfeit or banned goods and protection of consumer rights; petroleum, petrol, oil and gas trading, as follows:

1. To amend and supplement Clause 3 Article 4 as follows:

“3. In addition to the remedial measures specified at Points d, dd, e, g, h, and i Clause 1 Article 28 of the Law on Handling of Administrative Violations, this Decree prescribes other remedial measures as follows:

a) Forcible recall of defective products and goods;

b) Forcible cancellation of results of prize draws and re-opening of lucky promotional programs;

c) Forcible modification of a signed contract or modification of contracts in line with contract models or general transaction conditions as prescribed;

d) Forcible revocation of the domain name ".vn" of e-commerce websites or forcible removal of mobile applications from application stores or on provided addresses;

dd) Forcible return of business license that has been erased or edited to change the content to the competent agency or person that issued the license;

e) Forcible recall of material evidence or means of violation that have been dispersed.”.

2. To amend and supplement Point b Clause 4 Article 4 as follows:

“b) The fines specified in Chapter II of this Decree are applicable to administrative violations committed by individuals, except for those specified in Article 33; Article 34; Article 35; Clause 4 Article 46; Clauses 2 and 3 Article 53a; Clauses 5, 7, 8, 9 Article 56; Article 67; Article 68, Article 70 and Clauses 6, 7, 8 Article 77 of this Decree. For organizations with the same acts of violation, the fine level shall be double the fine for individuals.”.

3. To amend the title of Article 17, amend and supplement Clause 1, Point b Clause 12, Clause 13 and Clause 14 Article 17 as follows:

a) To amend the title of Article 17 as follows:

“Article 17. Violations relating to trading goods of unknown origin, and minerals of illegal origin”;

b) To amend and supplement Clause 1 as follows:

“1. A caution or a fine of between VND 300,000 and VND 500,000 shall be imposed on one of the following acts of violation in cases where the violated goods are valued at less than VND 1,000,000:

a) Trading in goods of unknown origin;

b) Purchasing, selling, transporting, storing, and consuming minerals of illegal origin.”;

c) To amend and supplement Point b Clause 12 as follows:

“b) Detergents, chemicals, insecticidal and germicidal preparations for household and medical use, aquaculture environment treatment products, livestock waste treatment products, veterinary drugs, plant protection drugs, fertilizers, cement, growth stimulants, plant varieties, animal breeds, aquatic breeds, aquatic feed, or minerals other than those used as common construction materials as prescribed by law;”;

d) To amend and supplement Clause 13 and Clause 14 as follows:

“13. Additional sanctions:

Confiscation of material evidences used in violations specified in this Article, except for the case of application of the remedial measures specified at Point a, Clause 14 of this Article.

14. Remedial measures:

a) Forcible destruction of material evidences harmful to human health, domestic animals, plants and the environment for violations specified at Point a, Clause 1 of this Article;

b) Forcible refund of illicit profits earned through the commission of violations specified in this Article.”.

4. To amend and supplement Clause 1 Article 40 as follows:

“1. A fine of between VND 5,000,000 and VND 10,000,000 shall be imposed for any of the following violations:

a) Failing to comply with or improper implementing the reporting regime on the status of temporary import for re-export of goods as prescribed;

b) Arbitrarily erasing, altering, modifying, supplementing or changing contents of the licenses for temporary import for re-export, the licenses for temporary export for re-import of goods that are included in the list of goods banned from export or import, temporarily suspended from export or import.”.

5. To amend and supplement Section 9, Chapter II as follows:

“Section 9

VIOLATIONS AGAINST THE LAW ON CONSUMER RIGHT PROTECTION

Article 46. Violations related to consumer information protection

1. A fine of between VND 20,000,000 and VND 30,000,000 shall be imposed for any of the following violations:

a) Failing to prepare a document to authorize or hire a third party to collect, store, use, modify, update, or delete consumer information as prescribed, except for the cases specified at Point r, Clause 1, Article 53a of this Decree;

b) Preparing an authorization document or hiring a third party to collect, store, use, modify, update, or delete consumer information but failing to specify the scope and responsibilities of each party in protecting consumer information as prescribed by the Law on Consumer Rights Protection and relevant laws, except as specified at Point s, Clause 1, Article 53a of this Decree;

c) Authorizing or hiring a third party to collect, store, use, modify, update, or delete consumer information without obtaining the consumer's consents, except for the cases specified at Point t, Clause 1, Article 53a of this Decree;

d) Failing to establish or establishing a general information protection policy for consumers that lacks the required contents as prescribed in Clause 1, Article 16 of the Law on Consumer Rights Protection;

dd) Failing to disclose or disclosing the general information protection policy for consumers in a manner inconsistent with the prescribed form under Clause 2, Article 16 of the Law on Consumer Rights Protection;

e) Failing to provide consumers with access to the general information protection policy before or at the time of information collection as prescribed;

g) Failing to notify or improperly notifying consumers about the purpose, scope of collection, use, and retention period of their information before collecting and using their information as prescribed in Article 17 of the Law on Consumer Rights Protection;

h) Collecting and using consumer information without their consent as prescribed, except in cases specified at Point d, Clause 2 of this Article;

i) Failing to establish a method for consumers to select the scope of information they agree to provide and to express their consent or refusal as prescribed;

k) Failing to notify consumers before changing the purpose or scope of information usage previously notified to them, or changing such purpose or scope without obtaining consumers’ consent;

l) Using consumer information inaccurately or in a manner inconsistent with the previously notified purpose and scope;

m) Failing to provide consumers with the option to permit or prohibit the execution of any of the acts specified at Points a and b, Clause 4, Article 18 of the Law on Consumer Rights Protection;

n) Failing to fulfill consumers’ requests for reviewing, modifying, updating, deleting, transferring, or ceasing the transfer of their information, or failing to provide consumers with tools or information to exercise these rights as prescribed by law;

o) Failing to delete consumer information upon the expiration of the retention period as stated in the general information protection policy or as prescribed by law.

2. A fine of between VND 30,000,000 and VND 40,000,000 shall be imposed for any of the following violations:

a) Failing to receive or failing to address feedback, requests, and complaints from consumers related to the unauthorized collection, or use in contravention of the announced purpose or scope;

b) Failing to notify the competent state management agency within 24 hours from the time of detecting an information system attack that poses a risk to consumer information security and safety as prescribed;

c) Failing to implement measures to ensure the safety and security of consumer information during collection, storage, and use, or failing to implement measures to prevent violations of consumer information security and safety as prescribed, except as specified at Point a, Clause 3, Article 64 of this Decree;

d) Transferring consumer information to a third party without the consumer’s consent as prescribed, except as specified at Point b, Clause 5, Article 63 of this Decree.

3. A fine twice the prescribed amount for violations specified in Clauses 1 and 2 of this Article shall be imposed if the violated information relates to consumers’ sensitive personal data, except as specified in Clause 4 of this Article.

4. A fine four times the prescribed amount for violations specified in Clauses 1 and 2 of this Article shall be imposed if the violations are committed by organizations establishing and operating large digital platforms.

Article 46a. Violations of regulations on protecting the rights of vulnerable consumers

1. A fine of between VND 30,000,000 and VND 50,000,000 shall be imposed for any of the following violations against vulnerable consumers:

a) Failing to prioritize receiving, processing, or forwarding the requests of consumers to a third party without relevant obligations when the vulnerable consumer requests for protection and provides evidence and documents proving their vulnerable status and the violation of their rights;

b) Failing to resolve the request of a vulnerable consumer without providing a written response, or issuing a notice refusing to resolve the vulnerable consumer’s request without legal justification and in contradiction to the published policies as prescribed;

c) Failing to ensure the exercise of rights of vulnerable consumers in the process of purchasing and selling products, goods and providing services as prescribed by law;

d) Failing to apply the mechanism to settle complaints and disputes according to the provisions of law suitable to each vulnerable consumer;

dd) Refusing to settle requests for protection of vulnerable consumers due to differences in language, writing, customs and practices;

e) Failing to develop or failing to promulgate the order, procedure, method or measure suitable for each group of vulnerable consumers to ensure the right to complain, request for dispute settlement and other rights of vulnerable consumers;

g) Failing to develop, update, or publicly disclose policies, mechanisms, and regulations applicable to vulnerable consumers as prescribed, or failing to provide training and instruction to employees regarding these policies and mechanisms as prescribed.

2. A fine of between VND 50,000,000 and VND 70,000,000 shall be imposed for acts of discrimination, differential treatment against vulnerable consumers, or exploiting their vulnerability to infringe upon their legal rights and interests during transactions.

Article 46b. Violations relating to consumer right protection in transactions with persons engaged in independent and regular commercial activities not subject to business registration

A fine of between VND 1,000,000 and VND 3,000,000 shall be imposed on individuals conducting independent and regular commercial activities not subject to business registration for any of the following violations:

1. Failing to provide or failing to accurately and completely provide information about products, goods or services sold or provided to consumers.

2. Failing to exchange goods for consumers or failing to return money and receiving goods from consumers in case the goods sold or supplied by them fail to ensure safety, measurement, quantity, volume, quality, or utility as per the provided information.

3. Failing to comply with decisions to recall products and goods in cases where the products and goods sold or supplied by the persons are subject to recall; or failing to pay expenses for the destruction of products and goods in case products and goods must be destroyed under a decision of a competent agency.

Article 47. Violations relating to providing information about products, goods, services, standard form contracts, general trading conditions to consumers, and providing information about violation handling as prescribed

1. A fine of between VND 10,000,000 and VND 20,000,000 shall be imposed for any of the following violations:

a) Providing inaccurate or incomplete information to consumers as prescribed in Clause 1, Article 21 of the Law on Consumer Rights Protection;

b) Failing to provide information on its capacity to supply spare parts and accessories of products or goods;

c) Failing to provide user instructions for products, goods, or services;

d) Failing to provide or publicly disclose information on the composition, functions, and distinctive benefits of products, goods, or services specifically designed for different genders.

2. A fine of between VND 20,000,000 and VND 30,000,000 shall be imposed for any of the following violations:

a) Deceiving or misleading consumers by providing false, incomplete, or inaccurate information regarding any of the contents specified in Point a, Clause 1, Article 10 of the Law on Consumer Rights Protection, except as prescribed at Point e, Clause 1, Article 53a of this Decree;

b) Failing to notify, or inaccurately notifying, or incompletely notifying consumers about standard form contracts or general trading conditions before transactions as prescribed;

c) Failing to provide a warranty policy or failing to publicly disclose the warranty policy with the required main contents as prescribed in cases where products, goods, or services are covered by a warranty;

d) Failing to warn about products, goods, or services that may pose safety risks or adversely affect consumers’ lives, health, or assets, or failing to inform consumers about preventive measures as prescribed by law;

dd) Failing to notify or failing to publicize to consumers the sponsorship of an influencer in any form to use his/her images, advice or recommendations to promote trade or encourage consumers to purchase and use products, goods or services, except as prescribed at Point n, Clause 1, Article 53a of this Decree;

e) Failing to provide information to competent state management agencies through the information system or reporting mechanism as prescribed by law in cases where online business activities are subject to sanctions under the Law on Consumer Rights Protection or other relevant laws.

3. A fine of between VND 20,000,000 and VND 30,000,000 shall be imposed on third parties committing any of the following violations in providing information about products, goods, and services to consumers:

a) Providing inaccurate or incomplete information about products, goods, services offered by business organizations or individuals and related rating or review programs (if applicable) as prescribed;

b) Failing to notify consumers in advance about receiving sponsorship for providing information on products, goods, or services in cases where the third party is an influencer.

4. A fine twice the prescribed amount shall be imposed for violations specified in Clause 3 of this Article if the third party providing information about products, goods, or services to consumers is a media owner or media service provider.

5. A fine of between VND 60,000,000 and VND 80,000,000 shall be imposed on media owners or media service providers acting as third parties in providing information about products, goods, and services to consumers for any of the following violations:

a) Failing to establish, or failing to develop, or failing to implement technical solutions to prevent their platforms or services from being used for harassing consumers;

b) Allowing business organizations or individuals to use means or services under their management to harass consumers;

c) Failing to comply with requests from competent state agencies to cease allowing business organizations or individuals to use means or services under their management for consumer harassment.

6. Remedial measures:

Forcible correction of false or misleading information for violations specified at Point a, Clause 1; Point a, Clause 2; and Point a, Clause 3 of this Article.

Article 48. Violations related to contract forms in consumer transactions, standard form contracts, and general trading conditions

1. A fine of between VND 10,000,000 and VND 20,000,000 shall be imposed for concluding contracts with consumers or using standard form contracts and general trading conditions for contracting or applying to consumers with any of the following violations:

a) Failing to use the Vietnamese language;

b) Failing to comply with regulations on the minimum font size, the contrast between text color and background color, or the layout and design of the document in case of written contracts.

2. A fine twice the prescribed amount under Clause 1 of this Article shall be imposed if the violation is committed in two or more provinces or centrally run cities.

3. Remedial measures:

Forcible revision of standard form contracts and general trading conditions to comply with regulations for violations specified in Clauses 1 and 2 of this Article.

Article 49. Violations related to contract content in consumer transactions, standard form contracts, and general trading conditions

1. A fine of between VND 80,000,000 and VND 100,000,000 shall be imposed for any of the following violations:

a) Specifying incomplete content in standard form contracts in violation of regulations;

b) Stipulating prohibited terms in contracts concluded with consumers, standard form contracts, or general trading conditions, except as prescribed at Point q, Clause 1, Article 53a of this Decree.

2. A fine twice the prescribed amount under Clause 1 of this Article shall be imposed if the violation is committed in two or more provinces or centrally run cities.

3. Remedial measures:

Forcible revision of standard form contracts or general trading conditions to comply with regulations for violations specified in this Article.

Article 50. Violations related to conclusion and implementation of standard form contracts and general trading conditions

1. A fine of between VND 20,000,000 and VND 30,000,000 shall be imposed for any of the following violations:

a) Failing to retain concluded standard form contracts until their expiration as prescribed;

b) Failing to provide or failing to provide in a timely manner a copy of the contract to consumers in cases where the consumer’s copy has been lost or damaged as prescribed.

2. A fine of between VND 30,000,000 and VND 50,000,000 shall be imposed for any of the following violations:

a) Failing to publicize or improperly publicizing standard form contracts or general trading conditions as prescribed, except as specified in Clause 2, Article 51 and Point b, Clause 1, Article 52 of this Decree;

b) Failing to specify the effective date of the general trading conditions.

3. A fine twice the prescribed amount applied to violations specified in Clauses 1 and 2 of this Article shall be imposed if the standard form contract or general trading conditions are applied in two or more provinces or centrally run cities.

Article 51. Violations related to registration, re-registration, public disclosure, and notification of standard form contracts and general trading conditions subject to registration requirements

1. A fine of between VND 20,000,000 and VND 40,000,000 shall be imposed for failing to submit reports on the registration and application of standard form contracts and general trading conditions to the agency competent to receive registration as prescribed, or for submitting reports improperly.

2. A fine of between VND 40,000,000 and VND 60,000,000 shall be imposed for any of the following violations:

a) Failing to publicly disclose the completion of registration or re-registration of standard form contracts or general trading conditions as prescribed;

b) Failing to publicize or improperly publicizing the registered or re-registered standard form contracts and general trading conditions as prescribed.

3. A fine of between VND 60,000,000 and VND 80,000,000 shall be imposed for failing to register or re-register standard form contracts and general trading conditions with the state management agency in charge of consumer rights protection as prescribed.

4. A fine twice the prescribed amount applied to violations specified in Clauses 1, 2 and 3 of this Article shall be imposed if the standard form contract or general trading conditions are applied in two or more provinces or centrally run cities.

Article 52. Violations related to annulment or revision of standard form contracts and general trading conditions as requested by the state management agency in charge of consumer rights protection

1. A fine of between VND 80,000,000 and VND 100,000,000 shall be imposed for any of the following violations:

a) Failing to comply with requests from the state management agency in charge of consumer rights protection regarding the annulment or revision of the contents of standard form contracts or general trading conditions that violate the law on consumer rights protection;

b) Failing to publicize or improperly publicizing the standard form contracts or general trading conditions of which the violating contents have been revised or annulled within the prescribed format and timeframe;

c) Failing to notify consumers who have entered into contracts regarding the application of new general trading conditions;

d) Failing to re-conclude standard form contracts upon consumer requests after the standard form contract or general trading conditions have been revised or annulled.

2. A fine twice the prescribed amount for violations specified in Clause 1 of this Article shall be imposed if the standard form contract or general trading conditions are applied in two or more centrally run cities or provinces.

Article 53. Violations in remote transactions

1. A fine of between VND 10,000,000 and VND 20,000,000 shall be imposed for failing to provide information at the outset regarding the name, address, and purpose of the conversation when a transaction is conducted via telephone or other forms of communication and conversation.

2. A fine of between VND 20,000,000 and VND 40,000,000 shall be imposed for any of the following violations:

a) Failing to fulfill the responsibility to develop tools or implement measures to ensure compliance with Clause 1, Article 38 of the Law on Consumer Rights Protection when conducting remote transactions with consumers;

b) Stipulating contractual terms in remote transactions that do not contain all the required information as prescribed;

c) Providing inaccurate or incomplete information to consumers as prescribed when conducting remote transactions;

d) Failing to refund consumers for paid amount equivalent to the portion of products, goods, or services not used within 30 days from the date the consumer unilaterally terminates the concluded contract, or failing to pay interest on late refunds to consumers as prescribed.

3. A fine twice the prescribed amount for violations specified in Clauses 1 and 2 of this Article shall be imposed if violations are committed in online transactions or in cases where services are continuously provided through remote transactions.

4. Remedial measures:

Forcible refund of illicit gains obtained from violations specified at Point d, Clause 2 of this Article, including violations specified at Point d, Clause 2 of this Article committed in cases specified in Clause 3 of this Article.

Article 53a. Violations in online transactions

1. A fine of between VND 50,000,000 and VND 70,000,000 shall be imposed on business entities that establish, operate, or provide digital platform services for any of the following violations:

a) Forcing or hindering consumers from registering or using other digital intermediation platforms as a mandatory condition for using services;

b) Restricting the consumer rights to choose by prioritizing the selection of products, goods or services among traders that are provided on digital platforms without publicizing the selection criteria;

c) Using measures to suppress or display dishonestly feedback or evaluation of consumers about products, goods, services, traders on digital platforms, unless the feedback or evaluation violates the laws or social ethics;

d) Using measures to obstruct registration, operation, evaluation, and display of feedback from social organizations engaged in consumer right protection;

dd) Preventing consumers from uninstalling pre-installed software or applications that do not affect the essential technical functions required for the normal operation of the digital platform, or forcing consumers to install bundled software or applications on the digital platform;

e) Deceiving or misleading consumers by providing false, incomplete, or inaccurate information regarding any of the contents specified at Point a, Clause 1, Article 10 of the Law on Consumer Rights Protection;

g) Harassing consumers by committing an act of directly or indirectly contacting consumers against the consumer’s will to introduce a product, goods, service or business organization or individual or to solicit contract conclusion;

h) Coercing consumers into purchasing products, goods, or services against their will by using force, threatening to use force, or engaging in similar acts;

i) Requiring or coercing consumers to pay for products, goods, or services provided without a prior agreement with the consumer;

k) Failing to compensate, return money or exchange products, goods or services to consumers due to mistakes made by business organizations or individuals;

l) Failing to compensate, refund, or exchange products, goods or services for consumers due to products, goods or services not matching the registration, announcement, disclosure, listing, advertisement, introduction, contract, or commitment of business organizations or individuals;

m) Swapping or fraudulently altering products, goods, or services when delivering goods or providing services to consumers;

n) Failing to notify or failing to publicize to consumers the sponsorship of an influencer in any form to use his/her images, advice or recommendations to promote trade or encourage consumers to purchase and use products, goods or services;

o) Preventing consumers from inspecting products, goods, or services, unless otherwise prescribed by law;

p) Requiring consumers to purchase additional products, goods, or services as a mandatory condition for contract conclusion against their will;

q) Stipulating prohibited clauses in contracts concluded with consumers, standard form contracts, or general trading conditions as prescribed;

r) Failing to prepare a document to authorize or hire a third party to collect, store, use, modify, update, or delete consumer information as prescribed;

s) Preparing an authorization document or hiring a third party to collect, store, use, modify, update, or delete consumer information but failing to specify or failing to clearly specify the scope and responsibilities of each party in protecting consumer information as prescribed by the Law on Consumer Rights Protection and relevant laws;

t) Authorizing or hiring a third party to collect, store, use, modify, update or cancel consumer information without obtaining the consumers’ consent.

2. A fine of between VND 100,000,000 and VND 200,000,000 shall be imposed on organizations that establish and operate intermediary digital platforms for any of the following violations:

a) Violations specified in Clause 1 of this Article;

b) Failing to designate and publicly disclose a contact point or an authorized representative to coordinate with competent state agencies in addressing issues related to consumer rights protection;

c) Failing to develop, or developing without clearly defining the responsibilities of parties in transactions, or failing to publicly disclose the operational regulations of the intermediary digital platform to consumers;

d) Failing to provide information about business organizations or individuals operating on digital intermediation platforms when being requested by consumers who are conducting transactions with such business organizations or individuals;

dd) Failing to allow consumers to provide feedback or reviews on business organizations or individuals, products, goods, or services sold or supplied by business organizations or individuals, or failing to display feedback and reviews fully and accurately as prescribed;

e) Failing to fully and transparently display information on products, goods, or services sold or supplied by business organizations or individuals, including mandatory labeling content as prescribed by the law on goods labeling, except for legally exempted specific information;

g) Failing to designate or failing to publicly disclose a contact point for receiving and resolving consumer feedback, requests, and complaints related to products, goods, services, or information content on the intermediary digital platform;

h) Failing to receive or failing to resolve consumer feedback, requests, and complaints related to the organization that establishes and operates the intermediary digital platform;

i) Failing to implement measures that allow for prioritized display of evaluations, feedback, and recommendations from social organizations engaged in consumer rights protection or from trust-rating organizations as prescribed by law;

k) Failing to directly store information or provide a solution for storing information on products, goods, services, and related transactions as prescribed at Point h, Clause 3, Article 39 of the Law on Consumer Rights Protection;

l) Failing to ensure transparency of advertising activities in cyberspace as required by law in cases where there are advertising activities;

m) Failing to provide reports or providing incomplete or inaccurate reports on content moderation activities carried out at the request of competent state agencies;

n) Failing to maintain online reporting accounts, providing inaccurate and incomplete information and data that is not updated up to the time of request for inspections and audits by competent state agencies as prescribed;

o) Failing to verify the identity of organizations or individuals selling products, goods, or providing services on their intermediary digital platform;

p) Failing to assume liability towards consumers as prescribed by e-commerce laws in cases where domestic and foreign business organizations or individuals sell or provide products, goods, or services to consumers within the territory of Vietnam.

3. A fine of between VND 300,000,000 and VND 400,000,000 shall be imposed on organizations that establish and operate large digital platforms for any of the following violations:

a) Violations specified in Clause 2 of this Article;

b) Failing to establish an advertising storage warehouse using algorithms to target specific consumers or consumer groups;

c) Failing to periodically evaluate the operation of content censorship, the use of algorithmic systems and advertising targeting specific consumers or consumer groups;

d) Failing to periodically evaluate the implementation of regulations on handling fake accounts, the use of artificial intelligence, and fully or partially automated solutions;

dd) Failing to publicly disclose the criteria for prioritizing the display of products, goods, or services if the digital platform has a search function;

e) Failing to disclose whether displayed content in search results for products, goods, or services is paid content or sponsored content.

Article 54. Violations related to continuous service provision

1. A fine of between VND 30,000,000 and VND 50,000,000 shall be imposed for any of the following violations:

a) Failing to designate an authorized representative in Vietnam in cases where there is no legal representative in Vietnam;

b) Failing to publicly notify information about the legal representative in Vietnam or the authorized representative in Vietnam in cases where there is no legal representative in Vietnam as prescribed;

c) Requiring consumers to make payments before the service is provided, unless otherwise agreed upon by the parties;

d) Unilateral terminating the contract or ceasing service provision contrary to the contract or provisions of law;

dd) Failing to notify consumers at least 3 working days in advance of the service suspension date and the service resumption date in cases where service suspension is necessary for repairs, maintenance, or other reasons, except in cases of force majeure;

e) Failing to conduct regular service quality inspections to ensure that the service quality meets commitments made to consumers as prescribed;

g) Failing to conclude a written contract for continuous service provision or failing to provide consumers with a copy of the contract as prescribed;

h) Refusing or obstructing consumers from terminating a continuous service provision contract as prescribed;

i) Requiring consumers to pay for unused portions of the service.

2. A fine twice the prescribed amount for violations specified in Clause 1 of this Article shall be imposed if violations are committed in online transactions.

3. Remedial measures:

Forcible refund of illicit gains obtained from violations specified at Point c, Point i, Clause 1 of this Article, including violations specified at Point c, Point i, Clause 1 of this Article committed in cases specified in Clause 2 of this Article.

Article 55. Violations in door-to-door sales activities

A fine of between VND 10,000,000 and VND 20,000,000 shall be imposed for any of the following violations:

1. A door-to-door salesperson failing to introduce their name, phone number, address, or headquarter of the business organization or individual responsible for the sale and provision of products, goods, or services, or failing to provide documents proving their relationship with the business organization or individual.

2. A door-to-door salesperson continuing to solicit the sale or provision of products, goods, or services after the consumer has refused.

3. Failing to explain, or inadequately explaining, or providing inaccurate explanations to consumers regarding contract contents or information of interest related to products, goods, or services.

4. Failing to execute a written contract for door-to-door sales or failing to provide consumers with a copy of the contract as prescribed, unless otherwise agreed upon by the parties.

5. Failing to allow consumers a minimum of 3 working days from the date of signing a written door-to-door sales contract to reconsider their decision to proceed with the contract.

6. Obstructing consumers from exercising their right to unilaterally terminate the concluded contract as prescribed.

7. Refusing liability for the actions of a door-to-door salesperson in cases where such actions cause damage to consumers.

Article 56. Violations in multi-level marketing activities

1. A fine of between VND 5,000,000 and VND 10,000,000 shall be imposed on multi-level marketing participants for any of the following violations:

a) Engaging in marketing, selling, and developing a multi-level marketing network without being issued a membership card;

b) Failing to present the membership card before introducing, marketing, or selling products;

c) Failing to retain the multi-level marketing participation contract as prescribed in the operational rules;

d) Failing to complete the mandatory basic training program as prescribed in the operational rules within 30 days from the date of signing the multi-level marketing participation contract.

2. A fine of between VND 10,000,000 and VND 20,000,000 shall be imposed on multi-level marketing participants for any of the following violations:

a) Failing to comply with the multi-level marketing participation contract or the operational rules of the enterprise;

b) Participating in multi-level marketing activities without meeting the eligibility conditions as prescribed;

c) Conducting multi-level marketing activities in a locality where the enterprise has not been granted a certificate of registration for multi-level marketing activities in locality.

3. A fine of between VND 20,000,000 and VND 40,000,000 shall be imposed on multi-level marketing participants for any of the following violations:

a) Requiring others to make a deposit or pay a certain amount of money to be eligible to sign a multi-level marketing participation contract;

b) Requiring others to purchase a certain quantity of goods to be eligible to sign a multi-level marketing participation contract;

c) Providing false or misleading information about the benefits of joining a multi-level marketing network, the operations of the enterprise, or the features and functions of goods, or providing information about food products using images, devices, uniforms, names, correspondence from medical facilities, units, doctors, pharmacists, medical staff, letters of appreciation, testimonials from patients, or articles from doctors, pharmacists, medical staff, or providing information about food products that includes published content, citations, quotations, or patient opinions describing such food products as having therapeutic effects;

d) Organizing conferences, seminars, or training sessions on multi-level marketing without written authorization from the multi-level marketing enterprise;

dd) Soliciting, persuading, or inducing multi-level marketing participants from other enterprises to join the network of the enterprise they are participating in;

e) Abusing one's position, authority, social status, or profession to encourage, require, persuade, or induce others to join a multi-level marketing network or purchase goods through multi-level marketing.

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

a) Participating in the activities of an organization or individual conducting multi-level marketing without being granted a certificate of registration for multi-level marketing activities;

b) Organizing conferences, seminars, training sessions, or introductions on multi-level marketing activities of multi-level marketing organizations or individuals without being granted a certificate of registration for multi-level marketing activities.

5. A fine of between VND 60,000,000 and VND 80,000,000 shall be imposed on multi-level marketing enterprises for any of the following violations:

a) Failing to carry out or improperly carrying out procedures to amend or supplement the certificate of registration for multi-level marketing activities as prescribed by law;

b) Failing to carry out or improperly carrying out notification procedures when making changes to information in the list of goods traded under the multi-level marketing model as prescribed by law;

c) Failing to carry out procedures for reissuing the certificate of registration for multi-level marketing activities when required by law;

d) Signing multi-level marketing participation contracts with individuals who do not meet the eligibility conditions for multi-level marketing activities as prescribed by law;

dd) Signing multi-level marketing participation contracts that do not include the required basic contents as prescribed by law;

e) Failing to terminate contracts with multi-level marketing participants who have been sanctioned for engaging in prohibited acts in multi-level marketing activities;

g) Failing to comply with regulations on maintaining a list of trainers, retaining related records, publishing the list of trainers on the enterprise’s website, and notifying the Ministry of Industry and Trade;

h) Failing to update or improperly updating the list of trainers on the enterprise’s website and notifying the Ministry of Industry and Trade when changes occur in the trainer list;

i) Failing to comply with, or improperly implementing, regulations on publicly posting documents related to the operations and goods traded under the multi-level marketing model at the enterprise’s headquarters, branches, representative offices, and business locations;

k) Failing to establish and publish selling prices for goods traded under the multi-level marketing model or failing to comply with published selling prices;

l) Failing to supervise the activities of multi-level marketing participants to ensure their compliance with the participation contract, operational rules, and compensation plan of the enterprise;

m) Failing to comply with or improperly complying with regulations on registering amendments or supplements to multi-level marketing activities in the locality with the provincial-level Department of Industry and Trade as required by law;

n) Notifying the provincial-level Department of Industry and Trade about planned conferences, seminars, or training sessions but failing to conduct them without notifying the provincial-level Department of Industry and Trade in writing as prescribed;

o) Failing to carry out procedures for adjusting the escrow confirmation document with the bank when changes occur in the escrow confirmation document;

p) Failing to comply with regulations on the deadline for renewing the certificate of registration for multi-level marketing activities;

q) Failing to promptly notify the agency issuing the certificate of registration for multi-level marketing activities in case of malfunctions in the information technology system managing the multi-level marketing network;

r) Failing to comply with, or improperly complying with regulations on storing and presenting records and documents related to multi-level marketing activities at the local level upon request from competent management agencies;

s) Failing to comply with, or improperly complying with reporting obligations in multi-level marketing activities as prescribed by law.

6. A fine of between VND 80,000,000 and VND 100,000,000 shall be imposed for organizing multi-level marketing activities without being granted a certificate of registration for multi-level marketing activities and obtaining illicit profits of up to VND 200,000,000 or causing damages of up to VND 500,000,000 to others.

7. A fine of between VND 80,000,000 and VND 120,000,000 shall be imposed on multi-level marketing enterprises for any of the following violations:

a) Conducting multi-level marketing activities in centrally run cities or provinces without obtaining written confirmation of registration for multi-level marketing activities in the locality from that provincial-level Department of Industry and Trade;

b) Failing to maintain a local contact point as prescribed, or designating a local contact point that does not meet the required conditions in cases where there is no headquarter, branch, representative office, or business location in the locality;

c) Failing to notify or improperly notifying the provincial-level Department of Industry and Trade when organizing conferences, seminars, or training sessions on multi-level marketing in cases where notification is required;

d) Failing to cooperate with functional agencies in the process of monitoring, inspecting, and supervising conferences, seminars, or training sessions on multi-level marketing conducted by the enterprise;

dd) Paying multi-level marketing participants total commissions, bonuses, and other economic benefits, including benefits received through promotional programs, exceeding 40% of the enterprise’s total multi-level marketing revenue in a year;

e) Failing to pay commissions, bonuses, promotions, and other economic benefits to multi-level marketing participants via bank transfer;

g) Failing to conclude a written multi-level marketing participation contract with participants, or the multi-level marketing participation contract failing to ensure compliance with other format as required by law, or failing to provide participants with a copy of the contract as prescribed by law;

h) Failing to fulfill or improperly fulfilling obligations to pay the multi-level marketing participants commissions, bonuses, and other economic benefits that they are entitled to during their participation in the enterprise's multi-level marketing network after contract termination;

i) Failing to provide or improperly providing basic training to multi-level marketing participants as prescribed by law, or collecting fees from multi-level marketing participants for basic training;

k) Failing to issue or improperly issuing membership cards to multi-level marketing participants as prescribed by law, or charging fees for membership cards;

l) Appointing trainers who do not meet the required qualifications to conduct basic training for multi-level marketing participants;

m) Failing to comply with the registered operational rules and compensation plan;

n) Failing to operate the information technology system for managing the multi-level marketing network as prescribed;

o) Failing to maintain or failing to regularly update a Vietnamese-language website to provide information on the enterprise and its multi-level marketing activities as prescribed;

p) Failing to operate a communication system, including telephone, email, and a designated address, to receive and resolve inquiries or complaints from multi-level marketing participants;

q) Failing to provide access to the enterprise's multi-level marketing management system account upon written request from the competent state agencies in charge of multi-level marketing activities;

r) Failing to fulfill or improperly fulfilling obligations related to the delivery, receipt, and shipment of goods as prescribed by law;

s) Failing to comply with regulations on ensuring that at least a minimum percentage of multi-level marketing revenue in a fiscal year comes from customers who are not multi-level marketing participants of the enterprise.

8. A fine of between VND 120,000,000 and VND 160,000,000 shall be imposed on multi-level marketing enterprises for any of the following violations:

a) Allowing a multi-level marketing participant to maintain more than one participation contract, multi-level marketing position, multi-level marketing identification number, or equivalent forms;

b) Conducting promotional activities using a multi-level network structure in which participants hold more than one position, identification number, or equivalent forms;

c) Organizing intermediary commercial activities as defined by commercial law for the purpose of maintaining, expanding, and developing the multi-level marketing network;

d) Accepting or acknowledging an application or any other form of written document from a multi-level marketing participant in which the participant declares a waiver of part or all of their legal rights or allows the multi-level marketing enterprise to be exempt from fulfilling its obligations towards the participant as prescribed by law;

dd) Failing to use the multi-level marketing participant management system registered with the agency issuing the certificate of registration for multi-level marketing activities for managing participants;

e) Selling or transferring the multi-level marketing network to another enterprise, except in cases of acquisition, merger, or consolidation.

9. A fine of between VND 160,000,000 and VND 200,000,000 shall be imposed on multi-level marketing enterprises for any of the following violations:

a) Requiring others to make a deposit or pay a certain amount of money to be eligible to sign a multi-level marketing participation contract;

b) Requiring others to purchase a certain quantity of goods to be eligible to sign a multi-level marketing participation contract;

c) Allowing multi-level marketing participants to receive money or economic benefits from introducing new participants into the network rather than from the sale of goods by those new participants;

d) Unjustifiably refusing to pay commissions, bonuses, or other economic benefits to which multi-level marketing participants are entitled;

dd) Providing false information about the compensation plan or the benefits of joining the multi-level marketing network;

e) Providing false or misleading information about the features and functions of goods or operations of the enterprise, or providing information about food products using images, devices, uniforms, names, correspondence from medical facilities, units, doctors, pharmacists, medical staff, letters of appreciation, testimonials from patients, or articles from doctors, pharmacists, medical staff, or providing information about food products that includes published content, citations, quotations, or patient opinions describing such food products as having therapeutic effects;

g) Failing to fulfill or improperly fulfilling the obligation to repurchase goods as prescribed by law;

h) Conducting multi-level marketing activities inconsistent with the content of the certificate of registration for multi-level marketing activities, resulting in illicit profits of up to VND 200,000,000 or damages to others of up to VND 500,000,000;

i) Engaging in multi-level marketing activities for subjects that are not permitted to be sold via the multi-level marketing model as prescribed.

10. A fine twice the prescribed amount for violations specified in Clauses 6, 8, and 9 of this Article shall be imposed if the violations are committed in two or more centrally run cities or provinces.

11. Remedial measures:

a) Forcible refund of illicit gains obtained from violations specified at Points a, b, Clause 3, Clause 6, Points h, i and k Clause 7, Point e Clause 8, Points a, b, d, h and i Clause 9 of this Article, including those committed in cases specified in Clause 10 of this Article;

b) Forcible correction of false or misleading information for violations specified at Point c, Clause 3; and Points dd and e, Clause 9 of this Article, including those committed in the cases specified in Clause 10 of this Article.

Article 57. Violations in non-store retailing activities

1. A fine of between VND 10,000,000 and VND 20,000,000 shall be imposed for any of the following violations when selling products, goods, or providing services outside a regular business location with a total transaction value exceeding VND 10,000,000 (unless otherwise provided by law):

a) Failing to notify or providing incomplete or inaccurate notification to the commune-level People’s Committee at the location where the sale of products, goods, or provision of services is conducted as required before conducting such activities;

b) Failing to publicly post information about the business organization or individual and the products, goods, or services at the sales location;

c) Providing incomplete, untruthful, or inaccurate information about products, goods, services, or the operations of the business organization or individual to consumers;

d) Failing to provide consumers with a copy of the contract when a written contract for the supply of products, goods, or services is concluded;

dd) Failing to issue invoices or documents for the sale, delivery, or receipt of products, goods, or services to consumers.

2. A fine of between VND 20,000,000 and VND 30,000,000 shall be imposed for any of the following violations when selling products, goods, or providing services outside a regular business location with a total transaction value exceeding VND 10,000,000 (unless otherwise provided by law):

a) Failing to maintain contact information or resolve consumer feedback, requests, or complaints during and after the sale or provision of products, goods, or services;

b) Failing to accept returns of products, goods, or services within 30 days from the date of sale or provision, provided that the packaging, labels, and seals (if any) remain intact and the product is still within its shelf life;

c) Requiring consumers to make a deposit, payment, or perform contract contents within 3 working days from the date they receive the written contract for the supply of products, goods, or services, unless otherwise provided by law.

3. Remedial measures:

Forcible refund of illicit profits earned through the commission of administrative violations specified at Point c Clause 2 of this Article.

Article 58. Violations in product, goods, spare part and accessory warranty services

1. A fine of between VND 5,000,000 and VND 10,000,000 shall be imposed for any of the following violations when the transaction value of the warranted product, goods, spare part, or accessory is under VND 20,000,000:

a) Failing to fully and accurately fulfill warranty obligations and policies for products, goods, spare parts, or accessories provided;

b) Failing to issue or issuing a warranty receipt or an equivalent warranty acceptance document to consumers without specifying the time for performing the warranty service;

c) Failing to comply with regulations on warranty periods when replacing spare parts, accessories, or exchanging products or goods;

d) Failing to provide consumers with similar products, goods, spare parts or accessories for temporary use or offer an appropriate solution as agreed upon with consumers during the warranty period;

dd) Failing to change similar products, goods, spare parts or accessories or recall products, goods, spare parts or accessories and refund money to consumers when it, past the time of maintenance, fails to repair or correct the faults, or in case the warranty of products, goods, spare parts and accessories has been performed 03 times or more within the warranty period but fails to correct the faults;

e) Failing to cover the costs of repairing and transporting products, goods, spare parts, or accessories from the consumer’s residence or place of use to the warranty center and from the warranty center back to the consumer’s residence or place of use;

g) Failing to assume warranty responsibilities for products, goods, spare parts, or accessories, including cases where warranty services are outsourced or delegated to another organization or individual.

2. A fine of between VND 10,000,000 and VND 20,000,000 shall be imposed for violations specified in Clause 1 of this Article when the transaction value of the warranted product, goods, spare part, or accessory is between VND 20,000,000 and under VND 50,000,000.

3. A fine of between VND 20,000,000 and VND 30,000,000 shall be imposed for violations specified in Clause 1 of this Article when the transaction value of the warranted product, goods, spare part, or accessory is between VND 50,000,000 and under VND 100,000,000.

4. A fine of between VND 30,000,000 and VND 40,000,000 shall be imposed for violations specified in Clause 1 of this Article when the transaction value of the warranted product, goods, spare part, or accessory is between VND 100,000,000 and under VND 500,000,000.

5. A fine of between VND 40,000,000 and VND 50,000,000 shall be imposed for violations specified in Clause 1 of this Article when the transaction value of the warranted product, goods, spare part, or accessory is between VND 500,000,000 and under VND 1,000,000,000.

6. A fine of between VND 50,000,000 and VND 70,000,000 shall be imposed for violations specified in Clause 1 of this Article when the transaction value of the warranted product, goods, spare part, or accessory is between VND 1,000,000,000 and under VND 2,000,000,000.

7. A fine of between VND 70,000,000 and VND 100,000,000 shall be imposed for violations specified in Clause 1 of this Article when the transaction value of the warranted product, goods, spare part, or accessory is VND 2,000,000,000 or more.

Article 59. Violations regarding liability for defective products and goods

1. A fine of between VND 20,000,000 and VND 30,000,000 shall be imposed for any of the following violations:

a) Failing to publicly disclose, failing to fully disclose, or inaccurately disclosing information as prescribed regarding defective products and goods and their recall process;

b) Failing to report to the state management agency in charge of consumer protection and other relevant state management agencies before and after conducting the recall of defective products and goods as prescribed.

2. A fine of between VND 30,000,000 and VND 50,000,000 shall be imposed for any of the following violations:

a) Failing to promptly take necessary measures to cease the supply and recall defective products and goods on the market as prescribed;

b) Failing to take necessary measures to protect consumer rights during the recall and handling of defective products and goods;

c) Failing to properly conduct the recall of defective products and goods in accordance with the reported and publicly disclosed information or failing to cover the expenses incurred during the recall process.

3. A fine of between VND 40,000,000 and VND 60,000,000 shall be imposed for violations specified in Clause 1 of this Article in cases involving defective products and goods of Group A.

4. A fine of between VND 60,000,000 and VND 100,000,000 shall be imposed for violations specified in Clause 2 of this Article in cases involving defective products and goods of Group A.

5. A fine twice the stated amount for violations specified in Clauses 1 through 4 of this Article shall be imposed if the recall of defective products and goods is conducted in two or more provinces or centrally run cities.

6. Remedial measures:

Forcible recall of defective products and goods for violations specified at Points a and c, Clause 2 of this Article, including those committed in the cases specified Clauses 4 and 5 of this Article.

Article 60. Violations regarding harassment and coercion of consumers

1. A fine of between VND 30,000,000 and VND 50,000,000 shall be imposed for any of the following acts of harassing consumers:

a) Harassing consumers by committing an act of directly or indirectly contacting consumers against the consumer’s will to introduce a product, goods, service or business organization or individual or to solicit contract conclusion, except for the cases specified at Point g Clause 1 Article 53a of this Decree;

b) Obstructing or interfering with consumers' normal work and daily activities.

2. A fine of between VND 50,000,000 and VND 70,000,000 shall be imposed for any of the following acts of coercing consumers:

a) Coercing consumers to purchase products, goods, or services against their will by using force, threats of force, or similar acts, except as prescribed at Point h, Clause 1, Article 53a of this Decree;

b) Requiring or forcing consumers to pay for products, goods, or services provided without prior agreement with consumers, except as prescribed at Point i, Clause 1, Article 53a of this Decree;

c) Requiring consumers to purchase additional products, goods, or services as a mandatory condition for entering into a contract against their will, except as prescribed at Point p, Clause 1, Article 53a of this Decree.

3. Remedial measures:

Forcible return of illegal profits obtained from committing the violations specified in Clause 2 of this Article.

Article 61. Violations regarding the responsibility to receive and resolve consumer complaints, requests, and grievances

A fine of between VND 20,000,000 and VND 40,000,000 shall be imposed for any of the following violations:

1. Failing to receive or resolve consumer complaints, requests, or grievances as prescribed.

2. Failing to notify consumers about the receipt of feedback, requests, and complaints from consumers within 03 working days from the date of receiving such feedback, requests, or complaints.

3. Failing to establish or publicly disclose the process for receiving and resolving consumer complaints, requests, or grievances through visible posting at headquarters, business locations and on websites or software (if available) as prescribed.

4. Failing to provide or inadequately, inaccurately, or untimely providing information or documents as requested by competent state agencies or consumer protection organizations during the resolution of disputes and complaints between consumers and business organizations or individuals as prescribed by law.

5. Failing to receive consumers’ negotiation request or failing to conduct negotiations with consumers within 7 working days from the date of receiving the consumer's request for negotiation.

6. Failing to conduct negotiations with consumers within 7 working days from the date of receiving the consumer's request transferred by the state management agency in charge of consumer protection or consumer protection organizations as prescribed.

7. Failing to provide a written response or providing a response without specific reasons when refusing a consumer's request for negotiation within 7 working days from the date of receipt of the request from consumers or the request transferred by the state management agency in charge of consumer protection or consumer protection organizations as prescribed.

8. Failing to notify the state management agency in charge of consumer protection or consumer protection organizations in writing of the negotiation results within 5 working days from the conclusion of negotiations with consumers as prescribed.

Article 61a. Other violations in transactions with consumers

1. A fine of between VND 1,000,000 and VND 3,000,000 shall be imposed for any of the following violations when the transaction value of products, goods, or services is below VND 5,000,000:

a) Failing to provide customers or consumers with invoices or documents related to transactions when selling products, goods, or providing services as prescribed;

b) Failing to allow customers or consumers to access, download, store, or print invoices, documents, or records in cases of transactions conducted online;

c) Failing to compensate, refund, or replace products, goods, or services for consumers due to errors made by business organizations or individuals, except as specified in Point k, Clause 1, Article 53a of this Decree;

d) Failing to compensate, refund, or exchange products, goods or services for consumers due to products, goods or services not matching the registration, announcement, disclosure, listing, advertisement, introduction, contract, or commitment of business organizations or individuals, except as specified at Point l, Clause 1, Article 53a of this Decree;

dd) Failing to negotiate with consumers or bear the costs of remedial measures for services provided inconsistently with the registered, disclosed, announced, listed, advertised, introduced, contracted, or committed content at the time the service was provided as prescribed;

e) Failing to replace products or goods for consumers or failing to refund consumers and take back products or goods sold or supplied by them that do not meet safety, measurement, quantity, weight, quality, or functionality standards as provided;

g) Substituting or fraudulently altering products, goods, or services when delivering goods or providing services to consumers, except as specified at Point m, Clause 1, Article 53a of this Decree;

h) Preventing consumers from inspecting products, goods, or services, except as otherwise provided by law, except as specified at Point o, Clause 1, Article 53a of this Decree.

2. A fine of between VND 3,000,000 and VND 5,000,000 shall be imposed for violations specified in Clause 1 of this Article when the transaction value of products, goods, or services is from VND 5,000,000 to below VND 20,000,000.

3. A fine of between VND 5,000,000 and VND 10,000,000 shall be imposed for violations specified in Clause 1 of this Article when the transaction value of products, goods, or services is from VND 20,000,000 to below VND 50,000,000.

4. A fine of between VND 10,000,000 and VND 20,000,000 shall be imposed for violations specified in Clause 1 of this Article when the transaction value of products, goods, or services is from VND 50,000,000 to below VND 80,000,000.

5. A fine of between VND 20,000,000 and VND 30,000,000 shall be imposed for violations specified in Clause 1 of this Article when the transaction value of products, goods, or services is from VND 80,000,000 to below VND 100,000,000.

6. A fine of between VND 30,000,000 and VND 40,000,000 shall be imposed for violations specified in Clause 1 of this Article when the transaction value of products, goods, or services is VND 100,000,000 or more.

7. Remedial measures:

a) Forcible recall of products and goods that do not meet quality standards for violations specified at Points e and g, Clause 1 of this Article in the cases specified in Clauses 1 through 6 of this Article;

b) Forcible refund of illicit profits earned through the commission of violations specified in this Article.

Article 61b. Violations of consumers in providing information

A fine of between VND 1,000,000 and VND 3,000,000 shall be imposed on consumers who intentionally provide inaccurate or incomplete information related to transactions between consumers and business organizations or individuals as prescribed by law.”.

6. To amend and supplement Point dd Clause 1, Point c Clause 2 and Point e Clause 4 Article 62 as follows:

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

"d) Failing to publish or publishing incomplete or inaccurate information on the e-commerce website or mobile application regarding the website or application owner; goods and services; business eligibility certificate number for goods and services requiring such a certificate as prescribed by law; pricing information; transportation and delivery information; general transaction conditions; and payment methods as prescribed;";

b) To amend and supplement Point c Clause 2 as follows:

"c) Using the notified symbol to affix to an e-commerce website or mobile application without prior approval or confirmation of notification by the competent state agency as prescribed;";

c) To amend and supplement Point e Clause 4 as follows:

"e) Using the registered symbol to affix to an e-commerce website or mobile application without confirmation of registration by the competent state agency as prescribed;".

7. To add Points i, k, and l after Point h of Clause 3 Article 64 as follows:

"i) Failing to provide information within 24 hours from the time of receiving a request from a state management agency regarding entities suspected of violating the law when providing e-commerce platform services with online ordering functions;

k) Failing to fulfill the responsibility of representing foreign sellers on e-commerce platforms with online ordering functions in resolving consumer complaints related to goods and services provided by foreign traders;

l) Failing to notify foreign sellers participating in e-commerce platforms with online ordering functions of their tax obligations.".

8. To amend Point b Clause 1, and to add Points e, g, h, i, k, l, and m after Point dd Clause 1 Article 78 as follows:

a) To amend Point b Clause 1 as follows:

"b) Failing to issue operating regulations for supermarkets, trade centers, or markets, or issuing such regulations but failing to fully include the required contents as prescribed or without approval from the competent state management agency;";

b) To add Points e, g, h, i, k, l, and m after Point dd Clause 1 as follows:

"e) Failing to mediate disputes between consumers and sellers within the market or trade center upon request;

g) Failing to install or to maintain the operation of calibration scales or measuring devices at markets or trade centers for consumers to verify the quantity and weight of goods as prescribed;

h) Failing to conduct regular monitoring of the quality and quantity of goods, calibration scales, and measuring devices within markets or trade centers;

i) Failing to establish or to publicly post a hotline for receiving and resolving consumer requests in accordance with the classification level of markets or trade centers as prescribed;

k) Failing to conduct semi-annual notifications or to cooperate with functional agencies in commerce, market management, food safety, standards, measurement, and quality control concerning the quality, quantity, origin, and safety of goods and services within the market or trade center under its management;

l) Failing to report to competent agencies upon detecting violations of consumer protection laws and other relevant legal regulations;

m) Failing to handle violations in accordance with the issued operating regulations as prescribed by law.".

9. To amend Point d Clause 1 and Point dd Clause 2 Article 81 as follows:

a) To amend Point d Clause 1 as follows:

“d) Applying the remedial measures specified at Point dd, Clause 1, Article 28 of the Law on Handling of Administrative Violations.”;

b) To amend Point dd Clause 2 as follows:

“dd) Applying remedial measures specified at Points dd, e, h, and i, Clause 1, Article 28 of the Law on Handling of Administrative Violations and Clause 3, Article 4 of this Decree.”.

10. To amend Point d Clause 2 Article 82 as follows:

“d) Applying remedial measures specified at Points dd, e, g, h, and i, Clause 1, Article 28 of the Law on Handling of Administrative Violations and Clause 3, Article 4 of this Decree.”.

11. To amend Point d Clause 3, Point dd Clause 4, Point dd Clause 5 and Point dd Clause 6 Article 83 as follows:

a) To amend Point d Clause 3 as follows:

“d) Applying the remedial measures specified at Point dd, Clause 1, Article 28 of the Law on Handling of Administrative Violations.”;

b) To amend Point dd Clause 4 as follows:

“dd) Applying remedial measures specified at Points dd, Clause 1, Article 28 of the Law on Handling of Administrative Violations and Clause 3, Article 4 of this Decree.”;

c) To amend Point dd Clause 5 as follows:

“dd) Applying remedial measures specified at Points dd, and i, Clause 1, Article 28 of the Law on Handling of Administrative Violations and Clause 3, Article 4 of this Decree.”;

d) To amend Point dd Clause 6 as follows:

“dd) Applying remedial measures specified at Points dd, i Clause 1, Article 28 of the Law on Handling of Administrative Violations and Clause 3, Article 4 of this Decree.”

12. To amend Point d Clause 3, Point dd Clause 4, Point dClause 5 Article 84 as follows:

a) To amend Point d Clause 3 as follows:

“dd) Applying remedial measures specified at Points d, dd, g and i, Clause 1, Article 28 of the Law on Handling of Administrative Violations and Clause 3, Article 4 of this Decree.”;

b) To amend Point dd Clause 4 as follows:

“dd) Applying remedial measures specified at Points d, dd, g and i, Clause 1, Article 28 of the Law on Handling of Administrative Violations and Clause 3, Article 4 of this Decree.”;

c) To amend Point d, Clause 5 as follows:

“d) Applying remedial measures specified at Points d, dd, g and i, Clause 1, Article 28 of the Law on Handling of Administrative Violations and Clause 3, Article 4 of this Decree.”.

13. To amend Point d Clause 3, Point d Clause 4, Point d Clause 5 and Point dd Clause 6 Article 85 as follows:

a) To amend Point d Clause 3 as follows:

“d) Applying the remedial measures specified at Point dd, Clause 1, Article 28 of the Law on Handling of Administrative Violations.”;

b) To amend Point d Clause 4 as follows:

“d) Applying remedial measures specified at Points d, dd, Clause 1, Article 28 of the Law on Handling of Administrative Violations and Clause 3, Article 4 of this Decree.”;

c) To amend Point d, Clause 5 as follows:

“d) Applying remedial measures specified at Points d, dd, i Clause 1, Article 28 of the Law on Handling of Administrative Violations and Clause 3, Article 4 of this Decree.”;

d) To amend Point dd Clause 6 as follows:

“dd) Applying remedial measures specified at Points d, dd, i Clause 1, Article 28 of the Law on Handling of Administrative Violations and Clause 3, Article 4 of this Decree.”.

14. To amend Point c Clause 3, Point d Clause 4, Point d Clause 5, Point dd Clause 6 and Point dd Clause 7 Article 86 as follows:

a) To amend Point c Clause 3 as follows:

“d) Applying the remedial measures specified at Point dd, Clause 1, Article 28 of the Law on Handling of Administrative Violations.”;

b) To amend Point d Clause 4 as follows:

“d) Applying remedial measures specified at Points d, dd, Clause 1, Article 28 of the Law on Handling of Administrative Violations and Clause 3, Article 4 of this Decree.”;

c) To amend Point d, Clause 5 as follows:

“d) Applying remedial measures specified at Points d, dd, Clause 1, Article 28 of the Law on Handling of Administrative Violations and Clause 3, Article 4 of this Decree.”;

d) To amend Point dd Clause 6 as follows:

“dd) Applying remedial measures specified at Points d, dd Clause 1, Article 28 of the Law on Handling of Administrative Violations and Clause 3, Article 4 of this Decree.”;

dd) To amend Point dd Clause 7 as follows:

“dd) Applying remedial measures specified at Points d, dd Clause 1, Article 28 of the Law on Handling of Administrative Violations and Clause 3, Article 4 of this Decree.”.

15. To amend Point d Clause 1 Article 87 as follows:

“d) Applying the remedial measures specified at Point dd, Clause 1, Article 28 of the Law on Handling of Administrative Violations.”.

16. To amend and supplement Clauses 5 and 6a Article 88 as follows:

a) To amend and supplement Clause 5 as follows:

“5. Competent persons of the border guards shall be competent to impose penalties for administrative violations and apply remedial measures for acts of administrative violations specified in Section 2 Chapter II and Articles 15, 17, 30, 34, 36, 37, 40, 41, 42, 46, 46a, and Points b, c, d Clause 1; Points b, c, d, dd, e Clause 2; Point b Clause 3, Clause 4, Clause 5 Article 47, Articles 59, 60, 61, 72 and 79 of this Decree in accordance with the competence specified in Article 85 of this Decree, within the assigned functions, tasks and powers.”;

b) To amend and supplement Clause 6a as follows:

“6a. Chairpersons of the National Competition Commission shall be competent to impose penalties for administrative violations and apply remedial measures for acts of administrative violations specified in Section 9 Chapter II and Article 78 of this Decree in accordance with the competence prescribed in Article 87a of this Decree and the assigned functions, tasks and powers.”.

Article 2. Supplementing, replacing and annulling a number of phrases, points, clauses and articles of the Government’s Decree No. 98/2020/ND-CP dated August 26, 2020, providing penalties on administrative violations in commercial activities, production of, trading in counterfeit or banned goods and protection of consumer rights, which had a number of articles amended and supplemented under the Government’s Decree No. 17/2022/ND-CP dated January 31, 2022, amending and supplementing a number of articles of decrees on sanctioning of administrative violations in the fields of chemicals and industrial explosive materials; electricity, hydroelectric dam safety, economical and efficient use of energy; commercial activities, production of, trading in counterfeit or banned goods and protection of consumer rights; petroleum, petrol, oil and gas trading, as follows:

1. To supplement, replace and annul a number of phrases in articles, clauses and points of Decree No. 98/2020/ND-CP, which was amended and supplemented under Decree No. 17/2022/ND-CP as follows:

a) To replace the phrase “business activities specified in business licenses” with the phrase “investment and business conditions in business activities in conditional business investment sectors” in Point a Clause 2 Article 1, title of Section 1 Chapter II and title of Article 6;

b) To add the phrase “products,” before the phrase “goods, services” in Clause 12, Article 3;

c) To add the phrase “and other goods on the list of conditional business investment sectors” after the phrase “animal breeds” in Point c, Clause 2, Article 15;

d) To annul the phrase “without being subject to criminal prosecution” in the introductory part of Clause 1, Article 31; add the phrase “without being subject to criminal prosecution” after the phrase “between VND 500,000,000 and under VND 1,000,000,000” in Clause 4, Article 31, and after the phrase “of VND 1,000,000,000 or more” in Clause 5, Article 31;

dd) To annul the phrases “(hereinafter referred to as e-commerce sales website)” and “(hereinafter referred to as sales application)” in Point a, Clause 1, Article 62;

e) To add the phrase “Chief Inspector of the province;” before the phrase “Director of the Department of Product and Goods Quality Management” in the introductory part of Clause 3, Article 87.

2. To annul Clause 11, Article 3; Article 73; and Point a, Clause 4, Article 77 of Decree No. 98/2020/ND-CP, as amended and supplemented under Decree No. 17/2022/ND-CP.

Article 3. Transitional provisions

1. For acts of administrative violations in commercial activities, production, trading of counterfeit goods, banned goods, and consumer rights protection occurring before the date on which this Decree takes effect but then detected or being considered and settled, the Government's Decree on imposing penalties for administrative violations which is effective at the time of committing violations shall prevail. In cases where this Decree does not prescribe the liability or prescribe lighter liability for acts that have occurred, the provisions of this Decree shall prevail.

2. For decisions on administrative sanctioning issued before the effective date of this Decree, where the sanctioned organizations or individuals file complaints, provisions of the Law on Handling of Administrative Violations, the Government’s Decree No. 98/2020/ND-CP dated August 26, 2020, providing penalties on administrative violations in commercial activities, production of, trading in counterfeit or banned goods and protection of consumer rights, the Government’s Decree No. 17/2022/ND-CP dated January 31, 2022, amending and supplementing a number of articles of decrees on sanctioning of administrative violations in the fields of chemicals and industrial explosive materials; electricity, hydroelectric dam safety, economical and efficient use of energy; commercial activities, production of, trading in counterfeit or banned goods and protection of consumer rights; petroleum, petrol, oil and gas trading, shall apply.

Article 4. Effect

1. This Decree takes effect from the date of its signing for promulgation.

2. Ministers, heads of ministerial-level agencies, heads of government-attached agencies and chairpersons of People's Committees of provinces and centrally-run cities shall implement this Decree./.