THE GOVERNMENT
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 goods
Pursuant to the Law on Government Organization dated June 19, 2015;
Pursuant to the Law on Technical standards and regulations dated June 29, 2006;
Pursuant to the Law on Goods quality dated November 21, 2007;
Pursuant to the Law on Measurement dated November 11, 2011;
Pursuant to the Law on Actions against administrative violations dated June 20, 2012;
At the request of the Minister of Science and Technology;
The Government promulgates a Decree on penalties for administrative violations against regulations on standards, measurement and quality of goods.
Chapter I
GENERAL PROVISIONS
Article 1. Scope of adjustment
1. This Decree deals with administrative violations, penalties, fines, remedial measures, power to impose penalties for and power to make reports on administrative violations against regulations on technical standards and regulations; measurement; quality of goods (hereinafter referred to as “standards, measurement and quality of goods").
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. Goods that have not been cleared shall apply the Government’s decree on penalties for administrative violations against regulations on customs for violations against regulations on standards, measurement and quality of goods.
Article 2. Penalties and remedial measures
1. A warning or fine shall be the primary penalty for each administrative violation specified in this document that is committed by an organization or individual.
2. The following additional penalties may be imposed depending on the nature and seriousness of the violations:
a) Suspension of the certificate of conformity assessment registration (certificate of certification/testing/assessment/inspection registration); certificate of standard conformity; certificate of regulation conformity; conformity marking; certificate of accreditation registration; certificate of accreditation; certificate of registration of providing inspection/calibration/testing of measuring instrument/measurement standard services; certificate (stamp, marking, certificate) of inspection/calibration/testing; decision on certification of eligible measurement inspector; decision on appointment of inspection/calibration/testing of measuring instrument/measurement standard service provider; 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 identification number and/or barcode use rights; certificate of eligibility for use of quantity marking on pre-packaged goods labels; certificate of eligibility for helmet production; certificate of transportation of dangerous goods; certificate of petrol and oil/gas preparation registration; certificate of management system; certificate of eligibility for business; certificate of barcode use rights for 1 – 6 months;
b) Suspension of operation for 1 – 3 months according to Clause 2 Article 25 of the Law on Actions against administrative violations;
c) Confiscation of exhibits and equipment serving the violation.
3. Apart from primary and additional penalties, depending on the nature and seriousness of the violation, entities committing violations shall take one of or some of the following remedial measures:
a) Enforced destruction of goods, measuring instruments or measurement standards that affect human’s health, livestock, plants and environment;
b) Enforced re-export of goods or equipment used for violation commitment;
c) Enforced correction of false or misleading information;
d) Enforced removal of unconformable elements of goods, packages thereof and business instruments;
dd) Enforced transfer of the illegal profit earned from committing an administrative violation to state budget;
e) Enforced recall of sold goods, measuring instruments, reference substances or measurement standards used for violation commitment;
g) Enforced revocation of the certificate of management system, certificate of inspection/calibration/testing or certificate of comparison of measurement standards/reference substances;
h) Enforced revocation of the certificate of provision of training/testing/inspection/assessment; certificate of conformity with standards/regulations, certificate of eligible inspection/calibration department, certificate of eligible conformity assessment organization; enforced revocation or removal of the decision on grant of prizes, termination of effect of prizes; decision on approval for measuring instrument samples;
i) Enforced repurposing or recycling of unqualified goods; enforced revision of declared standards; enforced repair of measuring instruments before being put into use.
Article 3. Maximum fines and organizations carrying penalties for administrative violations
1. The maximum fine for a measurement-related violation committed by an individual and an organization shall be VND 100,000,000 and VND 200,000,000 respectively; the maximum fine for a product quality-related violation committed by an individual and an organization shall be VND 150,000,000 and VND 300,000,000 respectively, except for the provisions stated in Point dd, e, g and h Clause 2 Article 14; Points dd, e, g and h Clause 2 Article 15; Points dd, e, g and h Clause 2 Article 16; Clauses 3 and 4 Article 17; Clause 4 Article 18; Clause 4 Article 19 and Clauses 5, 6 and 7 Article 20 herein.
2. The fines specified herein are imposed for administration violations committed by organizations. The fine for the same violation committed by an individual shall be 50% of that imposed upon an organization, except for the provisions stated in Articles 11, 12 and 13 herein.
3. Organizations committing violations against regulations on standards, measurement and quality of goods may 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) Business entities established in conformity with provisions of the Law on Investment including domestic investors, foreign investors and foreign-invested business entities;
d) Public service providers and other organizations.Click download to see the full text