Decree No. 98/2020/ND-CP penalties for administrative violations against regulations on commerce production

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ATTRIBUTE

Decree No. 98/2020/ND-CP dated August 26, 2020 of the Government providing penalties on administrative violations in commercial activities, production of, trading in counterfeit or banned goods and protection of consumer rights
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Official number:98/2020/ND-CPSigner:Nguyen Xuan Phuc
Type:DecreeExpiry date:Updating
Issuing date:26/08/2020Effect status:
Known

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Fields:Administrative violation , Commerce - Advertising

SUMMARY

From October 15, to raise the fine for trading counterfeit goods to VND 400 million maximum

The Government issues the Decree No. 98/2020/ND-CP providing penalties on administrative violations in commercial activities, production of, trading in counterfeit or banned goods and protection of consumer rights on August 26, 2020.

This Decree stipulates that the maximum fine level in the field of commerce and protection of consumer rights is VND 100,000,000 and VND 200,000,000 in the field of production of and trading in counterfeit and banned goods, for an individual. The fine level applied to an organization is double the fine level applied to an individual, is VND 200,000,000 in the field of commerce and protection of consumer rights and VND 400,000,000 in the field of production of and trading in counterfeit and banned goods, respectively.

To be specific: Individuals trading goods with counterfeit use-value or use shall be fined from VND 1 million to 70 million, depending on the value of counterfeit goods compared to the authentic goods value. For the acts of trading counterfeit goods being foods, cosmetics and medical stuffs, etc., a fine doubling the above fine shall be imposed.

For acts of producing counterfeit goods, a maximum fine to be imposed is VND 100 million for an individual. Similarly, the maximum fine of VND 200 million shall be imposed if such goods are foods, cosmetics and medical stuffs.

A fine of between VND 500,000 and VND 1,000,000 shall be imposed on acts of selling or supplying liquors or beers to persons under 18 years old. In case of selling liquors and beers using vending machines; employing persons under 18 years old in direct production or sale of liquors and beers, a fine of between VND 3,000,000 and VND 5,000,000 shall be imposed.

The Decree also prescribes fine levels for acts of trading in banned services, hoarding and speculating in goods; trade promotion and acts of violation in e-commerce, etc.

This Decree takes effect on October 15, 2020.

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Effect status: Known

THE GOVERNMENT
________

No. 98/2020/ND-CP

THE SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness

_____________________________________

Hanoi, August 26, 2020

 

 

DECREE

Providing penalties on administrative violations in commercial activities, production of, trading in counterfeit or banned goods and protection of consumer rights
____________

Pursuant to the Law on Organization of the Government dated June 19, 2015;

Pursuant to the Law on Handling of Administrative Violations dated June 20, 2012;

Pursuant to the Law on Investment dated November 26, 2014 and the Law dated November 22, 2016 amending and supplementing Article 6 and Appendix 4 of the List of conditional business lines and investment sectors articulated in the Law on Investment;

Pursuant to the Law on Enterprises dated November 26, 2014;

Pursuant to the Law on Commerce dated June 14, 2005;

Pursuant to the Law on Foreign Trade Management dated June 12, 2017;

Pursuant to the Law on Electronic Transactions dated November 29, 2005;

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

Pursuant to the Law on Prevention and Control of Tobacco Harms dated June 18, 2012;

Pursuant to the Law on Prevention and Control of Harms of Liquor and Beer Abuse dated June 14, 2019;

Pursuant to the Law on Pharmacy dated April 6, 2016;

Pursuant to the Law on Protection of Consumer Rights dated November 17, 2010;

At the proposal of the Minister of Industry and Trade;

The Government promulgates the Decree providing penalties on administrative violations in commercial activities, production of, trading in counterfeit goods or banned goods, and protection of consumer rights.

 

Chapter I
GENERAL PROVISIONS

 

Article 1. Scope of regulation

1. This Decree provides for acts of violation, forms and levels of penalties, remedial measures as well as the authority to make records and to impose penalties on administrative violations in commercial activities, production of, trading in counterfeit or banned goods and protection of consumer rights.

2. Acts of violation in commercial activities, production of, trading in counterfeit or banned goods, and protection of consumer rights specified in this Decree are:

a) Acts of violation related to business activities specified in business licenses, unless otherwise specified in the Decree proving penalties on administrative violations under other fields of State management;

b) Acts of trading in banned services, production of and trading in counterfeit or banned goods;

c) Acts of trading in smuggled goods; goods circulated in domestic market which are applied with emergency measures; expired goods, goods of unknown origins, and other violations;

d) Acts of violation related to trading in tobacco;

dd) Acts of violation related to trading in liquor;

e) Acts of hoarding and speculating in goods;

g) Acts of violation related to trade promotion activities;

h) Acts of violation in import or export of goods, and services related to goods import or export;

i) Acts of violation in protection of consumer rights;

k) Acts of violation in e-commerce;

l) Acts of violation related to establishment and operation of commercial activities by foreign entrepreneurs and foreigners in Vietnam;

m) Other acts of violation related to commercial activities.

3. Other administrative violations in commercial activities pertaining to trade of petroleum oils, liquefied petroleum gas; prices, listing prices of goods or services; documents, invoices in purchasing or selling goods, services; measurement, standards, and quality of goods being circulated or traded in the market; goods labels; intelligent properties; business registration procedures; signboards; commercial advertisements; goods auctions; goods and service bidding; purchase, sale or exchange of goods among residents in border areas and other acts of violation shall be governed by provisions of penalties on  administrative violations under relevant fields of State management.

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