Decree No. 54/2009/ND-CP dated June 5, 2009, of the Government providing for the sanctioning of administrative violations in the domain of standards, metrology and product and goods quality

THE GOVERNMENT

Decree No. 54/2009/ND-CP of June 5, 2009, providing for the sanctioning of administrative violations in the domain of standards, metrology and product and goods quality

THE GOVERNMENT

Pursuant to the December 25, 2001 Law on Organization of the Government;

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

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

Pursuant to the October 6, 1999 Ordinance on Measurement;

Pursuant to the July 2, 2002 Ordinance on Handling of Administrative Violations and the April 2, 2008 Ordinance Amending and Supplementing a Number of Articles of the Ordinance on Handling of Administrative Violations;

At the proposal of the Minister of Science and Technology,

DECREES:

Chapter I

GENERAL PROVISIONS

Article 1. Scope of regulation

1. This Decree provides for acts of administrative violation, sanctioning forms and levels, remedies, and competence and procedures for sanctioning administrative violations in the domain of standards and technical regulations; metrology; product and goods quality; goods labels and number codes and barcodes (below referred to as the domain of standards, metrology and product and goods quality).

2. Administrative violations in the domain of standards, metrology and product and goods quality mean acts committed by individuals, agencies or organizations (below collectively referred to as organizations or individuals) intentionally or unintentionally violating the law on standards, metrology and product and goods quality, which are not crimes but subject to administrative sanctioning under law.

Article 2. Subjects of application

Vietnamese and foreign organizations and individuals that commit administrative violations in the domain of standards, metrology and product and goods quality in Vietnamese territory shall be administratively sanctioned under this Decree.

Article 3. Forms of administrative sanctioning and remedies

1. An administrative violation in the domain of standards, metrology and product and goods quality is subject to either of the following principal sanctions:

a/ Caution;

b/ Fine.

2. Depending on the nature and severity of violations, organizations or individuals committing administrative violations in the domain of standards, metrology and product and goods quality may be subject to one or several of the following additional sanctions:

a/ Deprivation of the right to use standard conformity certificates; regulation conformity certificates; certificates of operation conditions of conformity certification organizations; inspection certificates, inspection stamps or inspection seals; or practice permits or certificates granted by standards, metrology and quality agencies;

b/ Deprivation of the right to use decisions approving specimen measuring devices; decisions certifying standard measuring devices; decisions accrediting the capacity to inspect measuring devices; decisions designating quality inspection organizations; or metrology inspector’s cards;

c/ Confiscation of material evidences or means used to commit administrative violations in the domain of standards, metrology and product and goods quality, including papers or documents which are illegally modified, erased or forged or granted.

3. Apart from principal and additional sanctions, administrative violators may be subject to one or several of the following remedies:

a/ Forcible restoration of the original state which has been altered by administrative violations;

b/ Recovery into the state budget of sums of money illegally gained from the commission of administrative violations;

c/ Forcible re-processing or destruction of products or goods in violation of the law on standards, metrology and product and goods quality;

d/ Forcible re-export or destruction of imported goods in violation of the law on standards, metrology and product and goods quality or imported measuring devices in contravention of metrology regulations;

e/ Forcible recovery of circulated products or goods or measuring devices used in violation;

f/ Forcible inspection and completion of procedures for the approval of specimen measuring devices within the prescribed time limit;

g/ Forcible implementation of metrology regulations for pre-packed goods.

Chapter II

ACTS OF ADMINISTRATIVE VIOLATION, SANCTIONING FORMS AND LEVELS

Section 1. ACTS OF ADMINISTRATIVE VIOLATION RELATED TO METROLOGY

Article 4. Acts of violating metrology regulations in the production of measuring devices subject to inspection

1. A fine of between VND 2,000,000 and 4,000,000 shall be imposed for labeling measuring devices in contravention of regulations or writing or engraving unofficial units of measurement on these tools.

2. A fine of between VND 4,000,000 and 7,000,000 shall be imposed for failing to conduct initial inspection of measuring devices before putting them into use, for quantitative determination of goods, payment for goods, goods trading, health protection, safety assurance or environmental protection.

3. A fine of between VND 7,000,000 and 12,000,000 shall be imposed for either of the following acts:

a/ Producing measuring devices the specimens of which have not yet been approved;

b/ Producing measuring devices the specimens of which have been approved but specimen-approving decisions have expired.

4. A fine of between VND 15,000,000 and 20,000,000 shall be imposed for producing measuring devices different from their approved specimens.

5. Additional sanction:

Deprivation for up to 90 days of the right to use decisions approving specimen measuring devices, for the act of violation specified in Clause 4 of this Article.

6. Remedies:

a/ Forcible writing or engraving of official units of measurement on measuring devices or forcible labeling of measuring devices under regulations, for the act of violation specified in Clause 1 of this Article;

b/ Forcible inspection within 30 days, for the act of violation specified in Clause 2 of this Article;

c/ Forcible completion of procedures for the approval of specimen measuring devices within 60 days, for acts of violation specified in Clause 3 of this Article.

Article 5. Acts of violating metrology regulations in the import of measuring devices subject to inspection

1. A fine of between VND 2,000,000 and 4,000,000 shall be imposed for importing improperly labeled measuring devices or those written or engraved with unofficial units of measurement.

2. A fine of between VND 4,000,000 and 7,000,000 shall be imposed for failing to conduct initial inspection of imported measuring devices before putting them into use for quantitative determination of goods, payment for goods, goods trading, health protection, safety assurance or environmental protection.

3. A fine of between VND 7,000,000 and 12,000,000 shall be imposed for either of the following acts:

a/ Importing measuring devices the specimens of which have not yet been approved;

b/ Importing measuring devices the specimens of which have been approved but specimen-approving decisions have expired.

4. A fine of between VND 15,000,000 and 20,000,000 shall be imposed for importing measuring devices different from their approved specimens.

5. Remedies:

a/ Forcible additional labeling of measuring devices under regulations; forcible writing or engraving of official units of measurement on measuring devices, for the act of violation specified in Clause 1 of this Article;

b/ Forcible inspection under regulations, for the act of violation specified in Clause 2 of this Article;

c/ Forcible completion of procedures for the approval of specimen measuring devices within 60 days, for acts of violation specified in Clause 3 of this Article;

d/ Forcible exportation or destruction of measuring devices, for the act of violation specified in Clause 4 of this Article.

Article 6. Acts of violating metrology regulations in the trading of measuring devices subject to inspection

1. A fine of between VND 300,000 and 500,000 shall be imposed for either of the following acts:

a/ Trading in measuring devices which have not yet been inspected or the specimens of which have not yet been approved;

b/ Trading in unlabeled or improperly labeled measuring devices, or those written or engraved with improper units of measurement.

2. Remedies:

a/ Forcible initial inspection, for the act of violation specified at Point a, Clause 1 of this Article;

b/ Forcible labeling of measuring devices or writing of units of measurement on measuring devices under regulations, for the act of violation specified at Point b, Clause 1 of this Article.

Article 7. Acts of violating metrology regulations in retail activities

1. A fine of between VND 200,000 and 500,000 shall be imposed for any of the following acts for conducting measurement in retail activities:

a/ Using measuring devices not yet inspected;

b/ Using expired certificates of inspection of measuring devices;

c/ Using measuring devices with a precision or scope of measurement incompliant with regulations.

2. A fine of between VND 3,000,000 and 5,000,000 shall be imposed for conducting measurement in retail trading activities with a deficient quantity exceeding the prescribed limit.

3. Remedy: forcible inspection of measuring devices before using them in retail activities, for acts of violation specified in Clause 1 of this Article.

Article 8. Acts of violating metrology regulations in the use of measuring devices subject to inspection

1. A fine of between VND 200,000 and 500,000 shall be imposed for any of the following acts when using measuring devices valued at below VND 500,000 calculated according to the value of brand-new measuring devices of the same type or brand-new measuring devices with equivalent technical specifications at the time an administrative violation is committed:

a/ Possessing no inspection certificates or bearing inspection marks or stamps as prescribed;

b/ Using expired inspection certificates or inspection marks or stamps;

c/ Using measuring devices failing to satisfy prescribed metrology requirements.

2. A fine of between VND 4,000,000 and 7,000,000 shall be imposed for either of the following acts when using measuring devices valued at VND 500,000 or more calculated according to the value of brand-new measuring devices of the same type or brand-new measuring devices with similar technical specifications at the time an administrative violation is committed:

a/ Possessing no inspection certificates or bearing inspection marks or stamps as prescribed;

b/ Using expired inspection certificates or inspection marks or stamps.

3. A fine of between VND 7,000,000 and 12,000,000 shall be imposed for the act of using measuring devices which are imprecise or broken or fail to satisfy metrology requirements.

4. A fine of between VND 15,000,000 and 30,000,000 shall be imposed for any of the following acts when using measuring devices:

a/ Committing fraud in the use of inspection certificates or inspection marks or stamps;

b/ Altering the technical state or metrological specifications of measuring devices;

c/ Failing to inspect measuring devices within the prescribed time limit at the request of competent agencies.

5. Additional sanction:

Confiscation of material evidences used in violations, for the act of violation specified at Point b, Clause 4 of this Article.

6. Remedies:

a/ Forcible inspection of measuring devices, for acts of violation specified in Clauses 1, 2 and 3, and Point c, Clause 4, of this Article;

b/ Forcible destruction of inspection certificates or inspection marks or stamps, for the act of violation specified at Point a, Clause 4 of this Article;

c/ Recovery into the state budget of sums of money illegally gained from the commission of the violation specified at Point b, Clause 4 of this Article according to the guidance of the Ministry of Science and Technology.

Article 9. Acts of violating regulations on inspection of measuring devices which are committed by metrology inspectors or inspection organizations

1. A fine of between VND 1,000,000 and 2,000,000 shall be imposed for any of the following acts committed by metrology inspectors:

a/ Inspecting measuring devices without decisions on the certification of metrology inspectors and grant of metrology inspector’s cards, or using expired decisions on the certification of metrology inspectors and grant of metrology inspector’s cards;

b/ Failing to comply with the inspection process;

c/ Using inspection certificates or inspection stamps or marks in contravention of regulations; or improperly affixing lead seals;

d/ Inspecting measuring devices the specimens of which have not yet been approved or which are different from their approved specimens.

2. A fine of between VND 2,000,000 and 4,000,000 shall be imposed for any of the following acts committed by inspection organizations:

a/ Inspecting measuring devices beyond the accredited scope of inspection capacity;

b/ Inspecting measuring devices when decisions accrediting their inspection capacity have expired;

c/ Using expired certificates of inspection of metrology standards;

d/ Using metrology standards without competent agencies’ decisions on the certification of metrology standards for inspecting measuring devices or with expired decisions.

3. A fine of between VND 5,000,000 and 10,000,000 shall be imposed for any of the following acts committed by organizations designated to inspect metrology standards for inspecting measuring devices subject to inspection:

a/ Inspecting metrology standards beyond the designated scope;

b/ Failing to comply with the process of inspecting metrology standards;

c/ Inspecting metrology standards when designation decisions have expired.

4. A fine of between VND 15,000,000 and 25,000,000 shall be imposed for granting without inspection the following papers or certificates for standards or measuring devices subject to inspection:

a/ Standard inspection certificates;

b/ Inspection certificates; inspection marks; or inspection stamps.

5. Additional sanctions:

a/ Deprivation of the right to use metrology inspector’s cards for up to 90 days, for acts of violation specified in Clause 1 of this Article;

b/ Deprivation of the right to use decisions accrediting inspection capacity for up to 90 days, for acts of violation specified in Clause 2 of this Article.

6. Remedy: forcible inspection or certification of metrology standards under regulations, for acts of violation specified at Points c and d, Clause 2 of this Article.

Article 10. Acts of violating metrology regulations in the production or import of pre-packed goods subject to metrology state management

1. A fine of between VND 2,000,000 and 4,000,000 shall be imposed for failing to indicate the quantity of goods on their labels under regulations, or indicating units of measurement other than prescribed ones.

2. A fine of between VND 5,000,000 and 7,000,000 shall be imposed for packing goods which are insufficient in quantity or fail to satisfy prescribed metrology requirements.

3. Remedies:

a/ Forcible writing of the quantity or units of measurement of goods on their labels under regulations, for the act of violation specified in Clause 1 of this Article;

b/ Forcible re-determination of the goods quantity under regulations before putting them into circulation, for the act of violation specified in Clause 2 of this Article.

Article 11. Acts of violating metrology regulations in the trading of pre-packed goods subject to metrology state management

1. A fine of between VND 500,000 and 1,000,000 shall be imposed for trading in pre-packed goods subject to metrology state management without indicating the quantity of goods under regulations or indicating units of measurement other than prescribed ones.

2. A fine of between VND 500,000 and 1,000,000 shall be imposed for trading in pre-packed goods subject to metrology state management which are insufficient in quantity or fail to satisfy prescribed metrology requirements.

3. Remedies:

a/ Forcible suspension from circulation of pre-packed goods in violation of metrology regulations, for the act of violation specified in Clause 1 of this Article;

b/ Forcible re-determination of the goods quantity under regulations before putting them into circulation, for the act of violation specified in Clause 2 of this Article.

Section 2. ACTS OF ADMINISTRATIVE VIOLATION RELATED TO STANDARDS AND TECHNICAL REGULATIONS OR PRODUCT AND GOODS QUALITY

Article 12. Acts of violating regulations on publicization of applicable standards

1. A fine of between VND 1,000,000 and 2,000,000 shall be imposed for failing to publicize applicable standards according to regulations.

2. A fine of between VND 3,000,000 and 5,000,000 shall be imposed for any of the following acts:

a/ Producing or importing products or goods unconformable with announced applicable standards;

b/ Failing to re-publicize applicable standards in case of any change related to the already publicized details;

c/ Publicizing applicable standards which contain details contrary to the requirements of technical regulations.

3. Remedies:

a/ Forcible publicization of applicable standards within 30 days, for the act of violation specified in Clause 1 of this Article;

b/ Forcible change of use purposes or re-processing of products or goods, for the act of violation specified at Point a, Clause 2 of this Article;

c/ Forcible re-publicization of applicable standards within 30 days, for the act of violation specified at Point b, Clause 2 of this Article;

d/ Forcible modification of applicable standards in case they are manufacturer standards or other standards to conform with relevant technical regulations, or alteration of basic characteristics of products or goods to conform with relevant technical regulations and re-publicization of applicable standards within 30 days, for the act of violation specified at Point c, Clause 2 of this Article.

Article 13. Acts of violating regulations on standard conformity certification

1. A fine of between VND 7,000,000 and 10,000,000 shall be imposed for producing or importing products or goods with quality unconformable with relevant standards used for standard conformity certification, or using expired standard conformity certificates.

2. Additional sanction:

Deprivation of the right to use standard conformity certificates, for the act of violation specified in Clause 1 of this Article.

3. Remedies:

Forcible recovery of unconformable products or goods being circulated on the market; forcible change of use purposes; or re-processing or re-export of products or goods specified in Clause 1 of this Article.

Article 14. Acts of violating regulations on standard conformity publicization

1. A fine of between VND 3,000,000 and 5,000,000 shall be imposed for any of the following acts when producing or importing products or goods:

a/ Failing to register standard conformity publicization papers with competent agencies with which the producers or importers have registered business;

b/ Failing to archive standard conformity publicization dossiers under regulations;

c/ Failing to make re-publicization in case of any change in the registered standard conformity publicization paper.

2. A fine of between VND 5,000,000 and 8,000,000 shall be imposed for producing or importing products or goods with quality inconsistent with that indicated in the registered standard conformity publicization paper.

3. Remedies:

a/ Forcible registration of standard conformity publicization papers at competent agencies; forcible archive of standard conformity publicization dossiers under regulations; forcible re-publicization in case of any change in the registered standard conformity publicization paper within 10 days, for acts of violation specified in Clause 1 of this Article;

b/ Forcible recovery of unconformable products or goods being circulated on the market; forcible re-processing or change of use purposes or re-export of products or goods, for the act of violation specified in Clause 2 of this Article.

Article 15. Acts of violating regulations on regulation conformity certification

1. A fine of between VND 10,000,000 and 15,000,000 shall be imposed for failing to have regulation conformity certified when producing or importing products or goods subject to regulation conformity certification, or using expired regulation conformity certificates or stamps.

2. A fine of between VND 25,000,000 and 30,000,000 shall be imposed for producing or importing products or goods subject to regulation conformity certification which have quality unconformable with certified relevant technical regulations.

3. Additional sanction:

Deprivation of the right to use regulation conformity certificates or stamps for up to 90 days or an indefinite duration, for the act of violation specified in Clause 2 of this Article.

4. Remedies:

a/ Forcible certification of regulation conformity within 30 days, for the act of violation specified in Clause 1 of this Article;

b/ Forcible recovery of products or goods being in circulation on the market which are unconformable with relevant technical regulations; forcible change of use purposes, re-processing or destruction of products or goods, or re-export of imported goods, for the act of violation specified in Clause 2 of this Article.

Article 16. Acts of violating regulations on regulation conformity publicization

1. A fine of between VND 10,000,000 and 15,000,000 shall be imposed for any of the following acts in case products or goods are subject to regulation conformity publicization under relevant technical regulations:

a/ Failing to publicize regulation conformity when producing or importing products or goods;

b/ Failing to register regulation conformity publicization papers with competent agencies with which the producers or importers have registered business;

c/ Failing to affix regulation conformity stamps under regulations when putting products or goods into markets;

d/ Failing to archive regulation conformity publicization dossiers under regulations.

2. A fine of between VND 25,000,000 and 30,000,000 shall be imposed for producing or importing products or goods with quality unconformable with relevant technical regulations.

3. Remedies:

a/ Forcible publicization of regulation conformity or registration of regulation conformity publicization papers with competent agencies, for acts of violation specified at Points a and b, Clause 1 of this Article;

b/ Forcible affixture of regulation conformity stamps under regulations before putting products or goods into markets, for the act of violation specified at Point c, Clause 1 of this Article;

c/ Forcible recovery of unconformable products or goods being in circulation; forcible change of use purposes, re-processing or destruction of products or goods, or re-export of imported products or goods, for the act of violation specified in Clause 2 of this Article.

Article 17. Acts of violating regulations on the quality of products and goods circulated on the market

1. A fine of between VND 200,000 and 500,000 for selling products or goods without papers on publicization of applicable standards of producers or importers as prescribed.

2. Selling expired products or goods shall be sanctioned under the Government’s regulations on the sanctioning of administrative violations in trade activities.

3. A fine equal to or double the total value of products or goods used in violation detected at the time of violation shall be imposed for selling products or goods with quality unconformable with standards publicized for application.

4. A fine double or triple the total value of products or goods used in violation detected at the time of violation shall be imposed for either of the following acts:

a/ Selling products or goods with quality unconformable with certified or publicized relevant standards;

b/ Replacing, exchanging, adding or reducing ingredients or additives, or mixing impurities thus impairing the quality of, products or goods against standards publicized for application.

5. A fine equaling between three and five times the total value of products or goods used in violation detected at the time of violation shall be imposed for either of the following acts:

a/ Selling products or goods with quality unconformable with publicized or certified relevant technical regulations;

b/ Replacing, exchanging, adding or diminishing components or additives, or mixing impurities thus impairing the quality of, products or goods against relevant technical regulations.

6. Remedies:

a/ Forcible suspension from circulation of goods used in violation and request for producers or importers to publicize applicable standards for 30 days, for the act of violation specified in Clause 1 of this Article;

b/ Forcible change of use purposes or re-processing, for acts of violation specified in Clauses 3, 4 and 5 of this Article;

c/ Forcible re-export or forcible destruction of imported products or goods, for acts of violation specified in Clauses 4 and 5 of this Article in case of failure to re-process, or change use purposes of, these products or goods or in case these products or goods prejudice health, safety or the environment.

Article 18. Acts of violation committed by conformity certification organizations

1. A fine of between VND 7,000,000 and 10,000,000 shall be imposed for any of the following acts:

a/ Failing to register the scope of standard conformity or regulation conformity certification with competent agencies;

b/ Certifying standard conformity or regulation conformity beyond the registered or permitted scope;

c/ Conducting without being designated under regulations conformity assessment for state management;

d/ Failing to maintain the accredited or accepted organizational apparatus and capability satisfactory to the requirements of relevant standards;

e/ Failing to maintain the managerial system satisfactory to the requirements of relevant standards;

f/ Granting standard conformity certificates or regulation conformity certificates while failing to comply or fully comply with the order of and procedures for assessment or certification;

g/ Supplying incorrect results of conformity assessment;

h/ Providing consultancy to certification applicants.

2. Additional sanction:

Deprivation of the right to use operation eligibility certificates, for acts of violation specified at Points b, c, d, e and g, Clause 1 of this Article.

3. Remedies:

a/ Forcible withdrawal of granted certificates, for acts of violation specified at Points b, c, d, e and f, Clause 1 of this Article;

b/ Forcible conformity re-assessment, for the act of violation specified at Point g, Clause 1 of this Article.

Article 19. Acts of violating regulations on the operation of accredited laboratories, accredited standardization laboratories or accredited assessment organizations

1. A fine of between VND 5,000,000 and 7,000,000 shall be imposed for any of the following acts:

a/ Conducting testing, standardization or assessment activities in the capacity as accredited laboratories, standardization laboratories or assessment organizations when their capability has not yet been assessed and accredited by accreditation organizations as conformable with relevant national or international standards;

b/ Failing to comply or fully comply with the order of and procedures for testing, standardization or assessment;

c/ Failing to maintain the accredited organizational apparatus and capability satisfactory to the requirements of relevant standards;

d/ Failing to maintain the managerial system satisfactory to the requirements of relevant standards;

e/ Conducting inspection without being designated by competent agencies, or failing to comply with the inspection process against the requirements set in relevant technical regulations;

f/ Supplying incorrect results.

2. Additional sanction:

Deprivation of the right to use operation eligibility accreditation papers, for acts of violation specified at Points c and d, Clause 1 of this Article.

3. Remedies:

a/ Forcible revocation of granted certificates, for acts of violation specified in Clause 1 of this Article;

b/ Forcible re-testing, standardization or assessment, and payment of all expenses therefor, for the act of violation specified at Point e, Clause 1 of this Article.

Article 20. Acts of violating regulations on accreditation activities committed by accreditation organizations

1. A fine of between VND 15,000,000 and 20,000,000 shall be imposed for any of the following acts:

a/ Failing to publicize the order of and procedures for assessment or accreditation and other accreditation-related requirements;

b/ Conducting assessment or accreditation not according to the publicized order and procedures or relevant standards or regulations used for assessment or accreditation, or failing to fully comply with the above order, procedures, standards or regulations;

c/ Failing to apply amended, modified or replaced standards or regulations for assessment or accreditation;

d/ Granting accreditation certificates ultra vires or failing to conduct regular supervision of accredited organizations;

e/ Failing to report on accreditation results or to produce accreditation dossiers upon request of competent agencies.

2. Remedies:

a/ Forcible publicization of the assessment and accreditation process and procedures and other accreditation-related requirements, for the act of violation specified at Point a, Clause 1 of this Article;

b/ Revocation of granted accreditation certificates, for acts of violation specified at Points b, c and d, Clause 1 of this Article.

Article 21. Forgery related to standards, technical regulations or product and goods quality

1. A fine of between VND 7,000,000 and 10,000,000 shall be imposed for supplying incorrect or untruthful information on product or goods quality according to standards or technical regulations.

2. A fine of between VND 15,000,000 and 20,000,000 shall be imposed for either of the following acts:

a/ Forging standard conformity stamps, regulation conformity stamps, standard conformity certificates or regulation conformity certificates for affixture to products or goods or attached documents;

b/ Forging results of testing, inspection, assessment or quality inspection.

3. Additional sanctions:

a/ Confiscation of conformity stamps, regulation conformity stamps, standard conformity certificates or regulation conformity certificates, for the act of violation specified at Point a, Clause 2 of this Article;

b/ Confiscation of testing result slips or inspection, assessment or quality inspection certificates, for the act of violation specified at Point b, Clause 2 of this Article.

4. Remedy:

Forcible removal of violating elements from products or goods or attached documents. Otherwise, forcible destruction of products or goods, for the act of violation specified at Point a, Clause 2 of this Article.

Article 22. Acts of violating regulations on quality inspection of products or goods committed by organizations designated to inspect product or goods quality

1. A fine of between VND 500,000 and 1,500,000 shall be imposed for either of the following acts committed by organizations designated to inspect product or goods quality:

a/ Inspecting product or goods quality without being designated by a competent state agency or without an inspection process;

b/ Failing to comply or fully comply with the prescribed process of inspecting product and goods quality.

2. A fine of between VND 2,000,000 and 5,000,000 shall be imposed for inspecting product or goods quality beyond the scope designated by a competent agency.

3. Remedy:

Forcible recovery of issued results of product or goods quality inspection, for acts of violation specified in Clauses 1 and 2 of this Article.

Section 3. ACTS OF ADMINISTRATIVE VIOLATION RELATED TO GOODS LABELS AND NUMBER CODES AND BARCODES

Article 23. Acts of violating regulations on goods labels in product or goods production, import or trading

1. Caution shall be served or a fine of between VND 1,000,000 and 2,000,000 shall be imposed for any of the following acts:

a/ Selling goods with torn or faded labels which are unreadable or with modified or erased labels;

b/ Selling goods with hidden labels which are partially or wholly unreadable;

c/ Selling unlabelled goods which are subject to labeling under regulations.

2. A fine of between VND 2,000,000 and 4,000,000 shall be imposed for any of the following acts:

a/ Producing or importing goods with torn or faded labels which are unreadable;

b/ Producing or importing goods with hidden labels which are partially or wholly unreadable;

c/ Producing or importing goods with erased or modified labels, regardless of original or supplementary labels, falsifying information on the goods.

3. Remedy:

Forcible recovery of products or goods with improper labels or forcible labeling of goods under regulations, for acts of violation specified in Clauses 1 and 2 of this Article.

Article 24. Acts of violating regulations on size of letters, language, units of measurement, or advertisement on goods labels

1. Caution shall be served or a fine of between VND 500,000 and 1,000,000 shall be imposed for either of the following acts:

a/ Selling home-made goods without labels in Vietnamese or with labels on which the size of letters in a foreign language is larger than that of letters in Vietnamese;

b/ Selling goods with labels containing untruthful images, drawings or scripts.

2. A fine of between VND 2,000,000 and 4,000,000 shall be imposed for any of the following acts:

a/ Producing products or goods for sale in Vietnam (even processing goods overseas) which have no labels in Vietnamese or have labels on which the size of letters in a foreign language is larger than that of letters in Vietnamese;

b/ Producing or importing goods which are labeled in contravention of regulations on official units of measurement;

c/ Producing, importing or exporting goods with labels containing untruthful images, drawings or scripts.

3. A fine of between VND 5,000,000 and 7,000,000 shall be imposed for trading in imported goods with original labels in a foreign language but without supplementary labels in Vietnamese as prescribed.

4. A fine of between VND 7,000,000 and 10,000,000 shall be imposed for either of the following acts:

a/ Producing, processing, assembling or packing products or goods in Vietnam without labeling them under regulations;

b/ Importing products or goods for circulation which have original labels in a foreign language but no supplementary labels in Vietnamese as prescribed.

5. Remedies:

a/ Forcible suspension from circulation of violating goods; forcible remedy of violations of regulations on goods labels, for acts of violation specified in Clauses 1 and 2 and Point a, Clause 4, of this Article;

b/ Forcible suspension from circulation of goods for affixing supplementary labels in Vietnamese as prescribed, for acts of violation specified in Clause 3 and Point b, Clause 4, of this Article.

Article 25. Acts of violating regulations on compulsory details on goods labels and details which must be shown on labels depending on the nature of goods

1. A fine of between VND 3,000,000 and 5,000,000 shall be imposed for selling goods without indicating any of compulsory details on goods labels or details which must be shown on labels depending on the nature of goods under the law on goods labeling.

2. A fine of between VND 7,000,000 and 10,000,000 shall be imposed for either of the following acts:

a/ Producing goods in Vietnam without indicating any of compulsory details on goods labels or details which must be shown on labels depending on the nature of goods under the law on goods labeling;

b/ Importing goods with labels lacking any of compulsory details or details which must be shown on labels depending on the nature of goods under the law on goods labeling.

3. A fine of between VND 12,000,000 and 20,000,000 shall be imposed for acts of violation specified in Clause 2 of this Article and goods are any of the following:

a/ Food, foodstuffs, human medicines, veterinary drugs, livestock feed, plant protection drugs, plant varieties or animal breeds;

b/ Goods with unclear shelf life or goods specified at Point a, Clause 3 of this Article with an erased or modified shelf life;

c/ Goods affixed with fake labels.

4. Remedies:

a/ Forcible suspension from circulation of goods; forcible remedy of violations of regulations on goods labeling, for acts of violation specified in Clauses 1 and 2 of this Article;

b/ Forcible destruction of violating goods labels; forcible destruction of products or goods with quality failing to ensure safety for humans, domestic animals, plants or the environment, for acts of violation specified in Clause 3 of this Article.

Article 26. Acts of violating regulations on the use of number codes and barcodes

1. A fine of between VND 300,000 and 500,000 shall be imposed for any of the following acts:

a/ Failing to notify in writing competent agencies of any change in names or contact addresses or of the loss or damage of number code or barcode use certificates;

b/ Failing to send lists of used global trade identification numbers (GTIN) and global location numbers (GLN) to competent state management agencies in charge of number codes and barcodes;

c/ Failing to notify in writing competent agencies of the permitted use of foreign number codes, enclosed with evidencing documents, in case of using foreign number codes for products or goods produced in Vietnam.

2. A fine of between VND 3,000,000 and 6,000,000 shall be imposed for any of the following acts:

a/ Using number codes and barcodes with Vietnam’s initial codes (893) without number code or barcode use right certificates granted by competent agencies;

b/ Illegally using number codes and barcodes of other enterprises which have been granted number code or barcode use right certificates by competent agencies;

c/ Using signs causing confusion with number codes or barcodes.

3. A fine of between VND 7,000,000 and 10,000,000 shall be imposed for printing foreign codes on products or goods produced in Vietnam only for export purpose which have not yet been granted by competent foreign agencies or without permission of their foreign owners.

4. Remedies:

a/ Forcible compliance with regulations on number codes and barcodes, for acts of violation specified in Clause 1 of this Article;

b/ Forcible cessation of the use of number codes and barcodes and recovery of goods affixed with improper number codes and barcodes, for acts of violation specified in Clauses 2 and 3 of this Article.

Article 27. Acts of violating regulations on the use or grant of number code and barcode certificates

1. A fine of between VND 5,000,000 and 7,000,000 shall be imposed for either of the following acts:

a/ Forging number code and barcode use right certificates;

b/ Granting number code and barcode use right certificates ultra vires.

2. Additional sanction:

Confiscation of number code and barcode use right certificates, for the act of violation specified at Point a, Clause 1 of this Article.

3. Remedy:

Forcible revocation of number code and barcode use right certificates, for the act of violation specified at Point b, Clause 1 of this Article.

Section 4. ACTS OF OBSTRUCTING INSPECTION OR EXAMINATION ACTIVITIES

Article 28. Acts of obstructing inspection or examination activities in the domain of standards, metrology and product and goods quality

1. A fine of between VND 1,000,000 and 2,000,000 shall be imposed for any of the following acts:

a/ Refusing to supply information or documents; supplying untruthful or insufficient information or documents to inspection or examination agencies or competent persons of state management agencies in charge of standards, metrology and product and goods quality;

b/ Obstructing, causing difficulties to, or shirking inspection or examination by competent persons;

c/ Intentionally delaying or shirking the implementation of, or failing to implement, administrative decisions of competent persons, or failing to comply with requests, conclusions or decisions of inspection or examination teams with regard to standards, metrology and product and goods quality.

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

a/ Breaking without permission seals on goods or material evidences used in violations which have been sealed up or are temporarily seized by inspection agencies;

b/ Dispersing or destroying goods or material evidences used in violations which are being examined or temporarily seized.

3. Remedy:

Forcible recovery of dispersed material evidences or means, for the act of violation specified at Point b, Clause 2 of this Article.

Chapter III

SANCTIONING COMPETENCE AND PROCEDURES

Article 29. Sanctioning competence of the specialized science and technology inspectorate

1. Specialized science and technology inspectors on public duty may:

a/ Serve caution;

b/ Impose fines of up to VND 500,000;

c/ Confiscate material evidences or means valued at up to VND 2,000,000 used in administrative violations;

d/ Force the application of remedies specified in Clause 3, Article 3 of this Decree, except those mentioned at Points b and d.

2. Chief inspectors of provincial-level Science and Technology Services may:

a/ Serve caution;

b/ Impose fines of up to VND 30,000,000;

c/ Deprive for a definite or indefinite duration of the right to use decisions, permits or practice certificates granted by competent agencies or organizations in the domain of standards, metrology and product and goods quality;

d/ Confiscate material evidences or means used in administrative violations;

e/ Force the application of remedies specified in Clause 3, Article 3 of this Decree, except forcible re-export.

3. The Chief Inspector of the Ministry of Science and Technology may:

a/ Serve caution;

b/ Impose fines of up to the maximum level specified in this Decree;

c/ Deprive for a definite or indefinite duration of the right to use decisions, permits or practice certificates granted by competent agencies or organizations in the domain of standards, metrology and product and goods quality;

d/ Confiscate material evidences or means used in administrative violations;

e/ Force the application of remedies specified in Clause 3, Article 3 of this Decree, except forcible re-export.

Article 30. Competence of presidents of People’s Committees at all levels to handle administrative violations

1. Commune-level People’s Committee presidents may sanction administrative violations in the domain of standards, metrology and product and goods quality, for acts specified in Article 6, Clause 1 of Article 7 and Clause 1 of Article 8, of this Decree, and force the application of remedies specified at Points a, c, f and g, Clause 3, Article 3 of this Decree.

2. District-level People’s Committee presidents may:

a/ Serve caution;

b/ Impose fines of up to VND 30,000,000;

c/ Confiscate material evidences or means used in administrative violations;

d/ Force the application of remedies specified in Clause 3, Article 3 of this Decree, except forcible re-export.

2. Provincial-level People’s Committee presidents may:

a/ Serve caution;

b/ Impose fines of up to the maximum level specified in this Decree;

c/ Confiscate material evidences or means used in administrative violations;

d/ Force the application of remedies specified in Clause 3, Article 3 of this Decree.

Article 31. Sanctioning competence of other agencies

If detecting administrative violations in the domain of standards, metrology and product and goods quality, public security, customs and market management forces, specialized inspectorates and other agencies may, within the ambit of their assigned functions, tasks and powers, sanction administrative violations under the Ordinance on Handling of Administrative Violations and this Decree.

Chapter IV

IMPLEMENTATION PROVISIONS

Article 32. Effect

This Decree takes effect on July 31, 2009. This Decree replaces the Government’s Decree No. 126/2005/ND-CP of October 10, 2005, providing for the sanctioning of administrative violations in the domain of metrology and product and goods quality, and the Government’s Decree No. 95/2007/ND-CP of June 4, 2007, amending and supplementing a number of articles of the Government’s Decree No. 126/2005/ND-CP of October 10, 2005. Previous regulations which are contrary to this Decree are all annulled.

Article 33. Implementation guidance

The Minister of Science and Technology shall guide the implementation of this Decree.

Article 34. Implementation responsibility

Ministers, heads of ministerial-level agencies, heads of government-attached agencies and presidents of provincial-level People’s Committees shall implement this Decree.-

On behalf of the Government
Prime Minister
NGUYEN TAN DUNG