Decree 126/2021/ND-CP amend decrees on sanctioning of administrative violations in industrial property; quality of goods

DECREE

Amending and supplementing a number of decrees on sanctioning of administrative violations in industrial property; standards, measurement and quality of goods; scientific and technological activities and technology transfer; atomic energy

Pursuant to the Law on Organization of the Government dated June 19, 2015; the Law on 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; the Law Amending and Supplementing a Number of Articles of the Law on Handling of Administrative Violations dated November 13, 2020;

Pursuant to the Law on Intellectual Property dated November 29, 2005; Law Amending and Supplementing a Number of Articles of the Law on Intellectual Property dated June 19, 2009; the Law Amending and Supplementing a Number of Articles of the Law on Insurance Business and the Law on Intellectual Property dated June 14, 2019;

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

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

Pursuant to the Law on Measurement dated November 11, 2011;

Pursuant to the Law Science and Technology dated June 18, 2013;

Pursuant to the Law on Technology Transfer dated June 19, 2017;

Pursuant to the Law on Atomic Energy dated June 3, 2008;

At the proposal of Minister of Science and Technology;

The Government hereby promulgates the Decree Amending and supplementing a number of decrees on sanctioning of administrative violations in industrial property; standards, measurement and quality of goods; scientific and technological activities and technology transfer; atomic energy.

Article 1. Amending and supplementing a number of articles of the Government’s Decree No. 99/2013/ND-CP dated August 29, 2013, on sanctioning of administrative violations in industrial property

1. To amend and supplement Article 1 as follows:

“Article 1. Scope of regulations

1. This Decree provides regulations on acts of administrative violation, sanctioning forms and levels, remedial measures; procedures for filing written requests for handling of violations; sanctioned subjects; competence and procedures for settling written requests for handling of violations; competence to make written records and sanction administrative violations, and fine levels to be imposed by each position and execution of decisions on sanctioning administrative violations, and remedial measures in industrial property.

2. Other administrative violations in other fields but directly relating to industrial property other than those specified in this Decree shall be subject to regulations stated in other Government's Decrees on sanctioning of administrative violations under the state management.”.

2. To add Article 1a after Article 1 as follows:

“Article 1a. Subjects that may be handled for administrative violations

1. Vietnamese or foreign individuals and organizations committing administrative violations specified in this Decree within the territory of Vietnam.

2. Household businesses or households committing administrative violations specified in this Decree shall be sanctioned as same as individual violators.

3. Organizations subject to sanction under this Decree include:

a) Economic organizations established in accordance with the Law on Enterprises, including: sole proprietorships, joint stock companies, limited liability companies and partnerships;

b) Economic organizations established in accordance with the Law on Cooperatives, including cooperatives and cooperative unions;

c) Industrial property representation organizations;

d) Industrial property assessment organizations;

dd) Other organizations established in accordance with law.

4. Administratively sanctioned subjects that are branches, representative offices, business locations of enterprises shall be determined in accordance with the Law on Handling of Administrative Violations.”.

3. To amend and supplement Clause 3, Article 3 as follows:

a) To amend and supplement Point b, Clause 3 as follows:

“b) Forcible distribution or use for non­commercial purposes of goods bearing counterfeit marks or geographical indications; raw materials, materials and means used mainly for producing or trading in goods bearing counterfeit marks or geographical indications, after removing infringing elements on these goods, provided that such act does not affect the exercise of the industrial property rights by their holders, nor cause harms to the health of humans, domestic animals, plants and environment;”;

b) To amend and supplement Point d, Clause 3 as follows:

“d) Forcible destruction of goods bearing counterfeit marks or geographical indications, raw materials, materials and means used mainly for producing or trading in these goods, material evidence and means used for committing violations on which infringing elements cannot be removed; infringing goods which may cause harms to the health of humans, domestic animals, plants and the environment; stamps, labels, and articles bearing counterfeit marks or geographical indications; stamps, labels, packages and other articles bearing infringing elements;”;

c) To amend and supplement Point h, Clause 3 as follows:

“h) Forcible refund of illicit profits earned through the commission of administrative violations if such illicit profits are justifiably determined or forcible refund of money amounts equivalent to the value of administrative violation material evidences or means which have been sold, dispersed or destroyed in contravention of law;”;

d) To add Point i, Clause 3 as follows:

“i) Forcible return of falsified documents to the competent agencies or persons that issued such documents.”.

4. To amend and supplement Article 4 as follows:

“Article 4. Determination of value of administrative violation material evidences

1. The determination of value of administrative violation material evidences being goods or services infringing the industrial property rights and intellectual property counterfeit goods as specified in Clause 2, Article 213 of the Law on Intellectual Property for use as a basis for determination of fine frames and sanctioning competence shall comply with one of grounds according to the priority order specified in Clause 2, Article 60 of the Law on Handling of Administrative Violations as follows:

a) Posted prices or prices quoted in sale and purchase contracts or invoices or import declarations;

b) Prices notified by local finance agencies; in case there is no price notice, local market prices at the time of commission of administrative violations must be used;

c) Cost prices of material evidences, for goods not yet marketed.

2. In case it is impossible to apply the grounds specified in Clause 1 of this Article to determine the value of administrative violation material evidences for use a basis for determination of fine frames and sanctioning competence, competent persons who are settling cases of violation may issue decisions on temporary seizure of such evidences and set up valuation councils as specified in Clause 3, Article 60 of the Law on Handling of Administrative Violations.

3. The determination of the value of administrative violation means for use as a basis for determining the fine frames or sanctioning competence shall comply with Article 60 of the Law on Handling of Administrative Violations.”.

5. To amend and supplement Clause 4 Article 5 as follows:

“4. Remedial measures:

Forcible return of falsified protection titles, documents proving the industrial property rights or other documents to the competent agencies or persons that issued such documents, for the violations specified in Clause 1 of this Article.”.

6. To amend and supplement the first paragraph of Clause 1, Article 6 as follows:

“1. A fine ranging from VND 10,000,000 to 20,000,000 shall be imposed for one of the following acts:”.

7. To amend and supplement a number of Clauses of Article 7 as follows:

a) To amend and supplement the first paragraph of Clause 1 as follows:

“1. A fine ranging from VND 6,000,000 to 15,000,000 shall be imposed for one of the following acts:”;

b) To amend and supplement the first paragraph of Clause 2 as follows:

“2. A fine ranging from VND 15,000,000 to 30,000,000 shall be imposed for one of the following acts:”;

c) To amend and supplement Clause 3 as follows:

“3. A fine ranging from VND 30,000,000 to 60,000,000 shall be imposed for one of the following acts:

a) Providing industrial property representation services without satisfying the practice conditions as prescribed by law;

b) Providing untruthful information to competent state agencies in the process of registration for inspection of industrial property representation operations, request for grant of industrial property representation practice certificates or request for recognition of industrial property representation service organizations.

d) To amend and supplement the first paragraph of Clause 4 as follows:

“4. A fine ranging from VND 60,000,000 to 120,000,000 shall be imposed for one of the following acts:”;

dd) To amend and supplement Clause 6 as follows:

“6. Remedial measures:

Forcible return of falsified industrial property representation service-practicing certificates to the competent agencies or persons that issued such certificates, for the violations specified at Point e, Clause 2 of this Article.”.

8. To amend and supplement a number of Points and Clauses of Article 8 as follows:

a) To amend and supplement the first paragraph of Clause 1 as follows:

“1. A fine ranging from VND 1,500,000 to 3,000,000 shall be imposed for one of the following acts:”;

b) To amend and supplement Clause 2 as follows:

“2. A fine ranging from VND 6,000,000 to VND 15,000,000 shall be imposed for acts of modifying, falsifying content of assessor cards or certificates of eligibility for industrial property assessment.”;

c) To amend and supplement the first paragraph of Clause 3 as follows:

“3. A fine ranging from VND 15,000,000 to 30,000,000 shall be imposed for one of the following acts:”;

d) To amend and supplement Clause 4 as follows:

“4. A fine ranging from VND 30,000,000 to 60,000,000 shall be imposed for one of the following acts:

a) Taking advantage of the assessor status and assessment activities for self-seeking purposes;

b) Deliberately making untruthful assessment conclusions;

c) Modifying, erasing or otherwise falsifying assessment documents without permission;

d) Providing untruthful information to competent state agencies in the process of registration for inspection of industrial property assessment operations, request for grant of industrial property assessor cards or request for recognition of industrial property assessment organizations.

dd) Conducting assessment in cases where assessment must be refused in accordance with law.”;

dd) To amend and supplement Point a, Clause 6 as follows:

“a) Forcible return of falsified assessor cards or certificates of eligibility for industrial property assessment, industrial property assessment reports to the competent agencies or persons that issued such documents, for the violations specified in Clause 2, Point c, Clause 4 of this Article;”.

9. To amend and supplement a number of Points and Clauses of Article 10 as follows:

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

“a) Selling, offering for sale; transporting, transiting; storing; displaying for sale of products infringing upon rights to inventions, utility solutions or layout designs, or products produced from a process infringing upon rights to inventions or utility solutions;”;

b) To amend and supplement Clause 14 as follows:

“14. Additional sanctions:

Suspension of part or whole of the production, trading of infringing goods, for a period of between 01 and 03 months, for violations specified in Clauses 8 thru 13 of this Article.”;

c) To amend and supplement Point d, Clause 15 as follows:

“d) Forcible refund of illicit profits earned through the commission of administrative violations specified in Clauses 1 thru 13 of this Article.”.

10. To amend and supplement a number of Points and Clauses of Article 11 as follows:

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

“a) Selling, offering for sale; transporting, transiting; storing; displaying for sale of products or services infringing upon rights to marks, geographical indications, trade names or industrial designs;”;

b) To amend and supplement Point a, Clause 13 as follows:

 “a) Production includes: Designing, manufacturing, processing, assembling and packaging goods bearing signs infringing upon rights to marks, trade names, geographical indications or industrial designs;”;

c) To amend and supplement Clause 16 as follows:

“16. Additional sanctions:

Suspension of part or whole of the production, trading of infringing goods, for a period of between 01 and 03 months, for violations specified in Clauses 8 thru 13 of this Article.”;

d) To amend and supplement Clause 17 as follows:

“17. Remedial measures:

a) Forcible removal and destruction of infringing elements for violations specified in Clauses 1 thru 15 of this Article;

b) Forcible destruction of administrative violation material evidence and means of which infringing elements cannot be removed; goods that cause harms to the health of humans, plants and environment; infringing stamps, labels, packages and articles, for violations specified in Clauses 1 thru 15 of this Article;

c) Forcible bringing out of the territory of Vietnam of transit goods infringing industrial property rights, for violations specified in Clauses 1 thru 12 of this Article;

d) Forcible change of enterprise name or removal of infringing elements in enterprise name, for violations specified in Clause 15 of this Article;

dd) Forcible refund of illicit profits earned through the commission of administrative violations specified in Clauses 1 thru 13 of this Article.”.

11. To amend and supplement a number of Points and Clauses of Article 12 as follows:

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

“a) Selling, offering for sale; transporting, transiting; storing; displaying for sale of goods bearing counterfeit marks or geographical indications;”;

b) To amend and supplement Point a, Clause 10 as follows:

“a) Production includes: Designing, manufacturing, processing, assembling and packaging goods bearing counterfeit marks or geographical indications;”;

c) To amend and supplement Clause 12 as follows:

“12. Additional sanctions:

a) Confiscation of administrative violation material evidence and means, for violations specified in Clauses 1 thru 11 of this Article; except for remedial measures specified at Points a, b or c, Clause 13 of this Articles;

b) Suspension of part or whole of the production, trading of infringing goods, for a period of between 01 and 03 months, for violations specified in Clauses 7 thru 10 of this Article.”;

d) To amend and supplement Clause 13 as follows:

“13. Remedial measures:

a) Forcible destruction of goods bearing counterfeit marks or geographical indications; raw materials, materials and means used mainly for producing or trading in counterfeit goods or geographical indications that cause harms to the health of humans, domestic animals, plants or environment, for violations specified in Clauses 1 thru 11 of this Article, except for remedial measures specified at Point c of this Clause;

b) Forcible distribution or use for non­commercial purposes of goods bearing counterfeit marks or geographical indications; raw materials, materials and means used mainly for producing or trading in these goods, after removing infringing elements on these goods, provided such act does not affect the exercise of the industrial property rights by their holders, does not harm the health of humans, domestic animals, plants and environment, for violations specified in Clauses 1 thru 11 of this Article, except for remedial measures specified at Point a or c of this Clause;

c) Forcible bringing out of the territory of Vietnam of transit goods or forcible re-export of goods bearing counterfeit marks or geographical indications, or imported means, raw materials and materials used mainly for producing or trading in these goods after removing infringing elements on these goods, for violations specified in Clauses 1 thru 10 of this Article;

d) Forcible refund of illicit profits earned through the commission of administrative violations specified in Clauses 1 thru 10 of this Article.”.

12. To amend and supplement a number of Points and Clauses of Article 13 as follows:

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

“a) Selling; transporting, transiting; supplying; storing; displaying for sale of stamps, labels, packages or articles bearing counterfeit marks or geographical indications;”;

b) To amend and supplement Point b, Clause 8 as follows:

“b) Forcible refund of illicit profits earned through the commission of administrative violations specified in Clauses 1 thru 7 of this Article.”.

13. To amend and supplement a number of Points and Clauses of Article 14 as follows:

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

“a) Selling; transporting, transiting; storing for sale of goods or services affixed with trade indications, causing misleading in terms of business subjects or activities, trade origin of goods or services or origin, method of production, utilities, quality, quantity or other features of goods or services or conditions for provision of goods or services;”;

b) To amend and supplement Clause 17 as follows:

“17. Additional sanctions:

Suspension of part or whole of the production, trading of infringing goods, for a period of between 01 and 03 months, for violations specified in Clauses 8 thru 13 of this Article.”;

c) To amend and supplement Clause 18 as follows:

“a) Forcible removal or forcible destruction of infringing elements, forcible destruction of infringing goods from which infringing elements cannot be removed, for violations specified in Clauses 1 thru 15 and Point b, Clause 16 of this Article;

b) Forcible removal of infringing means of business, services, or websites, for violations specified in Clause 15 and Point b, Clause 16 of this Article;

c) Forcible change of enterprise name or removal of infringing elements in enterprise name, for violations specified at Point a, Clause 13 and Point b, Clause 15 of this Article; forcible change or return of domain names, for violation specified at Point a, Clause 16 of this Article;

d) Forcible refund of illicit profits earned through the commission of administrative violations specified in Clauses 1 thru 13 and Point a, Clause 15 of this Article.”.

14. To amend and supplement a number of Points and Clauses of Article 16 as follows:

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

“c) Confiscation of administrative violation material evidence or means with a value not exceeding VND 1,000,000;”;

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

“d) Confiscation of administrative violation material evidence or means with a value not exceeding VND 100,000,000;”;

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

“d) Confiscation of administrative violation material evidence or means with a value not exceeding VND 350,000,000;”.

15. To amend and supplement a number of Points and Clauses of Article 17 as follows:

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

“c) Confiscation of administrative violation material evidence or means with a value not exceeding VND 1,000,000;”;

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

“d) Confiscation of administrative violation material evidence or means with a value not exceeding VND 100,000,000;”;

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

“d) Confiscation of administrative violation material evidence or means with a value not exceeding VND 350,000,000;”.

16. To amend and supplement a number of Points and Clauses of Article 18 as follows:

a) To amend and supplement Clause 1 as follows:

“1. Heads of market management teams, heads of professional divisions of the Market Surveillance Professional Department may:

a) Impose caution;

b) Impose a fine up to VND 25,000,000;

c) Confiscate administrative violation material evidence or means with a value not exceeding VND 50,000,000;

d) Apply remedial measures specified at Points a, b, d, dd, e, g and h, Clause 3, Article 3 of this Decree.”;

b) To amend and supplement Clause 2 as follows:

“2. Directors of Provincial-level Market Surveillance Departments and the Director of the Market Surveillance Professional Department of the Vietnam Directorate of Market Surveillance may:

a) Impose caution;

b) Impose a fine up to VND 50,000,000;

c) Deprive of the right to use practice permits or certificates for a definite term or suspend the business in infringing goods or services for a definite term;

d) Confiscate administrative violation material evidence or means;

dd) Apply remedial measures specified in Clause 3, Article 3 of this Decree.”;

c) To amend and supplement the first paragraph of Clause 3 as follows:

“3. General Director of the Vietnam Directorate of Market Surveillance may:”.

17. To amend and supplement a number of Points and Clauses of Article 19 as follows:

a) To amend and supplement the first paragraph of Clause 1 as follows:

 “1. Heads of customs teams and squads of Customs Branches; heads of groups under customs control teams of provincial, inter-provincial or municipal Customs Departments; and heads of customs teams of Post-Customs Clearance Inspection Branches may:”;

b) To amend and supplement Clause 2 as follows:

“2. Heads of Customs Branches; heads of Post-Customs Clearance Inspection Branches; heads of customs control teams of provincial, interprovincial or municipal Customs Departments; heads of Criminal Investigation Teams; heads of Anti-Smuggling Control Teams; chiefs of marine control flotillas, and heads of Control Teams to Combat Smuggling of Counterfeit Goods and Protect Intellectual Property Rights of the Anti-Smuggling Investigation Department; and heads of Post-Customs Clearance Inspection Branches of the Post-Customs Clearance Inspection Department may:

a) Impose caution;

b) Impose a fine up to VND 25,000,000;

c) Confiscate administrative violation material evidence or means with a value not exceeding VND 50,000,000;

d) Apply remedial measures specified at Points a, b, c, d, dd, g and h, Clause 3, Article 3 of this Decree.”;

c) To amend and supplement Point d, Clause 3 as follows:

“d) Confiscate administrative violation material evidence or means;”.

18. To amend and supplement a number of Points and Clauses of Article 20 as follows:

a) To amend and supplement Clause 1 as follows:

“1. Chiefs of police offices of border gates or export processing zones may:

a) Impose caution;

b) Impose a fine up to VND 2,500,000;

c) Confiscate administrative violation material evidence or means with a value not exceeding VND 5,000,000;

d) Apply remedial measures specified at Point d, Clause 3, Article 3 of this Decree.”;

b) To amend and supplement Clause 2 as follows:

“2. Chiefs of district-level police offices, heads of Police Divisions for Investigation of Corruption, Economic and Smuggling Crimes affiliated to provincial-level police department may:

a) Impose caution;

b) Impose a fine up to VND 25,000,000;

c) Deprive of the right to use practice permits or certificates for a definite term or suspend the business in infringing goods or services for a definite term;

d) Confiscate administrative violation material evidence or means with a value not exceeding VND 50,000,000;

dd) Apply remedial measures specified at Points b, d, dd, and g, Clause 3, Article 3 of this Decree.”;

c) To amend and supplement Point d, Clause 3 as follows:

“d) Confiscate administrative violation material evidence or means;”;

d) To amend and supplement the first paragraph of Clause 4 as follows:

“4. Directors of the Police Departments for Investigation of Corruption, Economic and Smuggling Crimes may:”.

19. To amend and supplement Point d, Clause 1, Article 21 as follows:

“d) Confiscate administrative violation material evidence or means;”.

20. To add Article 21a after Article 21 as follows:

“Article 21a. Competence to make written records of administrative violations

Persons competent to make written records of administrative violation in industrial property include:

1. Persons competent to sanction administrative violations in industrial property as specified in Articles 16 thru 21 of this Decree;

2. Persons in police forces, civil servants and public employees in the agencies specified in Article 16 thru 21 of this Decree who are on duty.”.

21. To amend and supplement Clause 2, Article 27 as follows:

“2. During the settlement of the case, if the industrial property right holder proposes gives a request, or the parties to the case reach an agreement and give a a handling measure in compliance with the law on intellectual property which does not affect the rights and interests of a third party, consumers and the society, the agency competent to handle the violation shall recognize such request and handling measure, and terminate the settlement of the case.”.

22. To amend and supplement Point b, Clause 2, Article 28 as follows:

“b) Lack of grounds to identify the violation after accepting the written request for handling of the violation;”.

23. To amend and supplement Article 31 as follows:

a) To amend and supplement the first paragraph of Clause 31 as follows:

 “Article 31. Execution of administrative sanctioning decisions, execution of remedial measures and enforcement of administrative sanctioning decisions”;

b) To amend and supplement Clause 1 as follows:

“1. Execution of administrative sanctioning decisions, execution of remedial measures and enforcement of administrative sanctioning decisions specified in this Decree shall comply with Law on Handling of Administrative Violations and guiding documents.”;

c) To amend and supplement Clause 2 as follows:

“2. In case of applying the remedial measure of forcible change or removal of infringing elements from enterprise name, violators shall carry out procedures for changing enterprise name, removing infringing elements from enterprise name at business registration agencies within 60 days after the decisions on sanctioning administrative violations take effect.

Paste the above time limit, if violators fail to carry out procedures for changing enterprise name, removing infringing elements from enterprise name, agencies issuing decisions on sanctioning administrative violations shall request the business registration agencies to revoke enterprise registration certificates.

The business registration agencies shall revoke enterprise registration certificates in accordance with law.

The industrial property right holder shall provide adequate dossiers and documents as prescribed and cooperate with competent agencies during the handling of the infringing enterprise name.”;

d) To amend and supplement Clause 3 as follows:

“3. In case of applying the remedial measure of forcible change of information about domain names or return of domain names, organizations and individuals shall carry out procedures for changing information of domain names or returning domain names at agencies managing domain names within 30 days after the decisions on sanctioning administrative violations take effect.

Past the above time limit, if violators fail to carry out procedures for changing information about domain names, or returning domain names, agencies issuing decisions on sanctioning administrative violations shall request the agencies managing domain names to revoke such domain names.

The agency managing the domain name shall revoke the domain name at the request of the agency issuing the administrative sanctioning decision in accordance with law.

The domain name registrar shall send a notice of domain name revocation to the domain name user, revoke the domain name and send a report to the agency managing the domain name upon completion of the revocation.”;

24. To amend and supplement a number of Points and Clauses of Article 32 as follows:

a) To amend and supplement the first paragraph of Clause 32 as follows:

“Article 32. Amendment, supplementation, correction, cancellation of administrative sanctioning decisions or issuance of new administrative sanctioning decisions”

b) To amend and supplement Clause 1 as follows:

“1. In case a competent agency issues a decision on the settlement of an industrial property-related dispute within 90 days from the date of issuance of an administrative sanctioning decision, leading to a change in grounds and contents of the administrative sanctioning decision, a person with sanctioning competence shall issue a decision to amend or cancel a part or whole of the validity of the issued administrative sanctioning decision or issue a new administrative sanctioning decision to make it consistent with the dispute settlement decision.”;

c) To amend and supplement Points a, b Clause 2 as follows:

“a) Requesting the State Treasury that has collected the fine to refund partially or wholly the fine amount remitted according to the decision on amending, cancelling an administrative sanctioning decision or issuing a new administrative sanctioning decision at the request of the organization or individual that has paid the fine. The request for fine refund shall be accepted by the person with sanctioning competence within 90 days after the date of issuance of the decision on amending, cancelling an administrative sanctioning decision or issuing a new administrative sanctioning decision;

b) Returning the goods, article or means of business which has been seized or confiscated but not yet handled. If the seized or confiscated goods, article or means of business has been handled, the organization or individual requesting the violation handling shall pay a compensation to the handled organization or individual according to the commitment realized upon requesting the violation handling (if any).”;

d) To amend and supplement Clause 3 as follows:

“3. Except for the cases specified in Clause 1 of this Article, the amendment, supplementation, correction, cancellation of administrative sanctioning decision or issuance of new administrative sanctioning decision shall comply with the Law on Handling of Administrative Violations.”.

Article 2. Amending and supplementing a number of articles of the Government’s Decree No. 119/2017/ND-CP dated November 1, 2017, on penalties for administrative violations against regulations on standards, measurement and quality of goods

1. To amend Clause 2, Article 1 as follows:

“2. Other administrative violations relating to standards, measurement and quality of goods not specified in this Decree shall comply with regulations of other Government's decrees on sanctioning of administrative violations in state management.”.

2. To amend Point a, Clause 2, Article 2 as follows:

“a) Deprivation of the right to use the certificate of conformity assessment registration (certificate of certification/testing/assessment/inspection registration); decision on appointment of conformity assessment organization (certification/testing/assessment/inspection); certificate of registration for provision of inspection/calibration/testing of measuring instrument/measurement standards; decision on appointment of organization for inspection/calibration/testing of measuring instrument/measurement standards; decision on certification of measurement standards for inspection/calibration of measuring instrument; decision on approval for measuring instrument samples; certificate of eligibility for use of quantity marking on pre-packaged goods labels; certificate of identification number or barcode use rights; certificate of accreditation registration; certificate of registration of award consideration, certificate of transportation of dangerous goods; certificate of petrol and oil preparation registration; certificate of eligibility for business for a definite term of between 1 and 12 months.”.

3. To amend and supplement Points b, dd; to add Point d1 to Clause 3, Article 2 as follows:

a) To amend and supplement Point b as follows:

“b) Forcible bringing out of the territory of the Socialist Republic of Vietnam or compulsory re-export of infringing goods, and means.”;

b) To add Point d after Point d1 as follows:

 “d1) Forcible inspection of measurement instruments; forcible presentation of units of measurement instruments; forcible restoration of original state of measurement instruments; forcible repacking of pre-packed goods; forcible statement of quantity of pre-packed goods, forcible representation of measurement units of pre-packed goods;”;

c) To amend and supplement Point dd as follows:

“dd) Forcible refund of illicit profits earned through the commission of administrative violations if there is a ground to determine such illicit profits or forcible refund of money amounts equivalent to the value of administrative violation material evidences or means which have been sold, dispersed or destroyed in contravention of law.”.

4. To add Article 2a after Article 2 as follows:

“Article 2a. Execution of sanctioning decisions, execution of remedial measures and enforcement of sanctioning decisions:

Execution of administrative sanctioning decisions, execution of remedial measures and enforcement of administrative sanctioning decisions specified in this Decree shall comply with the Law on Handling of Administrative Violations and guiding documents.”.

5. To amend Point d, Clause 3, Article 3 as follows:

“d) Non-business units and other organizations as prescribed by law.”.

6. To amend Article 5 as follows:

“Article 5. Violations in production, import, sale and use of standard materials or measurement standards

1. A fine ranging from VND 5,000,000 and 10,000,000 shall be imposed for the acts of production, import, sale and use of standard materials or measurement standards that do not show prescribed measurement units.

2. A fine ranging from VND 10,000,000 and 20,000,000 shall be imposed for one of the following acts:

a) Failing to calibrate or compare measurement standards to national standards or measurement standards having higher accuracy before being put into use;

b) Failing to carry out tests or compare standard materials before putting them into use.

3. A fine ranging from VND 20,000,000 and 40,000,000 shall be imposed for the acts of production, import or sale of standard materials/measurement standards not satisfying technical measurement requirements declared by the organization or individual, or imposed by a competent measuring agency.

4. The following remedial measures shall be applied for the violations specified in Clauses 1, 3 of this Article according to the following order of priority:

a) Forcible bringing out of the territory of the Socialist Republic of Vietnam or forcible recall of, and forcible re-export of standard materials/measurement standards;

b) Forcible recall and change of use purposes of standard materials/measurement standards;

c) Forcible destruction of standard materials/measurement standards that cause harm to human’s health, livestock, plants, fishery and environment.”.

7. To amend Clause 1, Article 6 as follows:

“1. A fine ranging from VND 5,000,000 and 10,000,000 shall be imposed for the act of non-specification of prescribed measurement units.”.

8. To add Point c, Clause 3, Article 6 as follows:

“c) Production of group-1 measuring instruments not satisfying technical measurement requirements declared by the organization or individual;”.

9. To amend Clause 6, Article 6 as follows:

“6. Remedial measures:

a) Forcible specification of prescribed measurement units before being put into use, for the violation specified in Clause 1 of this Article;

b) Forcible inspection, calibration of group-2 measuring instruments before being put into use, for the violation specified in Clause 2 of this Article;

c) For the violations specified at Points a and c, Clause 3, Clause 4 of this Article, the remedial measures shall apply according to the following order of priority: Forcible recall of sold measuring instruments; forcible recall and change of use purpose of measurement instruments; forcible recall of measuring instruments that cause harm to human’s health, livestock, plants, fishery and environment.”.

10. To amend Clause 1, Article 7 as follows:

“1. A fine ranging from VND 5,000,000 and 10,000,000 shall be imposed for the act of import of group-2 measuring instruments without specification of prescribed measurement units.”.

11. To add Point c, Clause 3, Article 7 as follows:

“c) Import of group-1 measuring instruments not satisfying technical measurement requirements declared by the organization or individual;”.

12. To amend Clause 6, Article 7 as follows:

“6. Remedial measures:

a) Forcible recall of the decision on approval for measuring instrument samples for the violation specified at Point b, Clause 3 this Article;

b) For the violations specified in Clause 1, Point c, Clause 3, Clause 4 of this Article, remedial measures shall be applied according to the following order of priority: forcible bringing out of the territory of Socialist Republic of Vietnam or forcible recall of, and forcible re-export of measurement instruments; forcible recall and change of use purpose of measurement instruments; forcible recall of measuring instruments that cause harm to human’s health, livestock, plants, fishery and environment.”.

13. To amend Clause 5 of Article 8 as follows:

“5. Remedial measures:

a) Forcible inspection and calibration of the group-2 measuring instrument repaired before being put into use for violations specified in Clause 2 of this Article;

b) Forcible restoration of the original state of the measuring instruments; in case of failure to restore, the means of measurement shall be forcibly destroyed for violations specified in Clauses 1, 3 and 4 of this Article;

c) Forcible refund of illicit profits earned through the commission of administrative violations specified in Clause 4 of this Article.”.

14. To amend Clause 1, Article 9 as follows:

“1. A fine ranging from VND 2,000,000 and 4,000,000 shall be imposed for the act of non-specification of prescribed measurement units on group-2 measuring instruments.”.

15. To amend Clause 2, Article 9 as follows:

“2. A fine ranging from VND 5,000,000 and 10,000,000 shall be imposed for one of the following acts:

a) Sale of group-2 measuring instruments whose samples have not been approved;

b) Sale of group-2 measuring instruments whose samples are not satisfactory to those approved by a competent agency;

c) Sale of group-1 measuring instruments not satisfying technical measurement requirements declared by the organization or individual.”.

16. To amend Clause 3, Article 9 as follows:

“3. Remedial measures:

a) Forcible recall of measurement instruments in circulation for the violations specified in Clause 1 of this Article;

b) For the violations specified at Points a, b and c, Clause 2 of this Article, remedial measures shall be applied according to the following order of priority: forcible recall and change of use purpose of measurement instruments; forcible recall of measuring instruments that cause harm to human’s health, livestock, plants, fishery and environment;

c) Forcible refund of illicit profits earned through the commission of administrative violations specified at Point b Clause 1, Points b and c Clause 2 of this Article.”.

17. To amend and supplement Point b, Clause 6, Article 10 as follows:

“b) Suspension of business operation for a definite term of between 1 and 3 months for the violations specified in Clause 4 of this Article.”.

18. To amend and supplement Clause 7, Article 10 as follows:

“7. Remedial measures:

a) Forcible re-inspection of measuring instruments before being put into use for violations specified at Points a, b and c Clause 1, Clause 2 of this Article;

b) Forcible refund of illicit profits earned through the commission of administrative violations specified in Clause 3, Points b and c Clause 4 of this Article.”.

19. To amend Points a and c, Clause 6 Article 11 as follows:

“a) Suspension of operation of the inspector for a definite term of between 1 and 3 months for the violations specified at Points a, c and d Clause 1, Clause 5 of this Article;”.

“c) Suspension of operation of the inspection organization for a definite term of between 1 and 3 months, for the violations specified in Clauses 2, Clauses 3, 4 and 5 of this Article.”.

20. To amend Clause 7, Article 11 as follows:

“7. Remedial measures:

a) Forcible revocation of the certificate of inspection for the violations specified at Points c, d Clause 1, Points a, b Clause 2, Clauses 3, 4 and 5 of this Article;

b) Forcible refund of illicit profits earned through the commission of administrative violations specified in Clause 2, 3, 4 and 5 of this Article.”.

21. To amend and supplement Clause 2 Article 14 as follows:

“2. The fines for the violation against regulations on measurement procedures in sale and purchase of goods or provision of services in which the quantity of such goods or services has errors exceeding the prescribed errors according to technical measurement requirements for measurement procedures declared by the organization or individual or prescribed by a competent agency for illicit profit:

a) A fine ranging from VND 5,000,000 to VND 10,000,000 shall be imposed, if the illicit profit is up to VND 10,000,000;

b) A fine ranging from VND 10,000,000 to VND 20,000,000 shall be imposed, if the illicit profit is more than VND 10,000,000 but not exceeding VND 50,000,000;

c) A fine ranging from VND 20,000,000 to VND 40,000,000 shall be imposed, if the illicit profit is more than VND 50,000,000 but not exceeding VND 100,000,000;

d) A fine ranging from VND 40,000,000 to VND 60,000,000 shall be imposed, if the illicit profit is more than VND 100,000,000 but not exceeding VND 200,000,000;

dd) A fine equal to 1 - 2 times the illicit profit shall be imposed, if the illicit profit is more than VND 200,000,000 but not exceeding VND 300,000,000;

e) A fine equal to 2 - 3 times the illicit profit shall be imposed, if the illicit profit is more than VND 300,000,000 but not exceeding VND 400,000,000;

g) A fine equal to 3 - 4 times the illicit profit shall be imposed, if the illicit profit is more than VND 400,000,000 but not exceeding VND 500,000,000;

h) A fine equal to 4 - 5 times the illicit profit shall be imposed, if the illicit profit is more than VND 500,000,000.”.

22. To add Clause 2a to Clause 2 Article 14 as follows:

 “2a. Additional sanctions:

Confiscation of the amount of illicit profits earned through the commission of administrative violations specified in Clause 2 of this Article."

23. To add Point dd Clause 1 to Article 15 as follows:

“dd) The non-suitable number of units of prepackaged goods exceeds the prescribed ones;”.

24. To amend and supplement Clause 2 Article 15 as follows:

“2. The fines for the act of production or import of pre-packaged goods whose quantity has average value lower than that specified in technical measurement requirements declared by the product owner or regulated by a competent agency for illicit profit as follows:

a) A fine ranging from VND 5,000,000 to VND 10,000,000 shall be imposed, if the illicit profit is not exceeding VND 10,000,000;

b) A fine ranging from VND 10,000,000 to VND 20,000,000 shall be imposed, if the illicit profit is more than VND 10,000,000 but not exceeding VND 50,000,000;

c) A fine ranging from VND 20,000,000 to VND 40,000,000 shall be imposed, if the illicit profit is more than VND 50,000,000 but not exceeding VND 100,000,000;

d) A fine ranging from VND 40,000,000 to VND 60,000,000 shall be imposed, if the illicit profit is more than VND 100,000,000 but not exceeding VND 200,000,000;

dd) A fine equal to 1 - 2 times the illicit profit shall be imposed, if the illicit profit is more than VND 200,000,000 but not exceeding VND 300,000,000;

e) A fine equal to 2 - 3 times the illicit profit shall be imposed, if the illicit profit is more than VND 300,000,000 but not exceeding VND 400,000,000;

g) A fine equal to 3 - 4 times the illicit profit shall be imposed, if the illicit profit is more than VND 400,000,000 but not exceeding VND 500,000,000;

h) A fine equal to 4 - 5 times the illicit profit shall be imposed, if the illicit profit is more than VND 500,000,000.”.

25. To add Clause 2a to Clause 2 Article 15 as follows:

 “2a. Additional sanctions:

Confiscation of the amount of illicit profits earned through the commission of administrative violations specified in Clause 2 of this Article.”

26. Clause 3 Article 15 To amend as follows:

“3. Remedial measures:

a) Forcible specification of the quantity of pre-packed goods, forcible expression of the measuring unit, forcible specification of the quantitative mark of prepackaged goods produced according to regulations before continuing to put into circulation for violations specified at Point a Clause 1 of this Article;

b) Forcible repackage of pre-packed goods manufactured according to regulations for violations specified at Point b Clause 1, Clause 2 of this Article;

c) Forcible export of pre-packed imported goods according to regulations for violations specified at Points a, b Clause 1, Clause 2 of this Article.”.

27. To add Point d to Clause 1, Article 16 as follows:

“d) Sale of pre-packed goods with the number of units exceeding the regulations;”.

28. To amend and supplement Clause 2 Article 16 as follows:

“2. The fine imposed for the act of production or import of pre-packaged goods whose quantity has average value lower than that specified in technical measurement requirements declared by the organization or individual, or regulated by a competent agency for illicit profit as follows:

a) A fine ranging from VND 2,000,000 to VND 5,000,000 shall be imposed if the illicit profit is not exceeding VND 10,000,000;

b) A fine ranging from VND 5,000,000 to VND 10,000,000 shall be imposed if the illicit profit is more than VND 10,000,000 but not exceeding VND 50,000,000;

c) A fine ranging from VND 10,000,000 to VND 20,000,000 shall be imposed if the illicit profit is more than VND 50,000,000 but not exceeding VND 100,000,000;

d) A fine ranging from VND 20,000,000 to VND 40,000,000 shall be imposed if the illicit profit is more than VND 100,000,000 but not exceeding VND 200,000,000;

dd) A fine equal to 1 - 2 times the illicit profit shall be imposed if the illicit profit is more than VND 200,000,000 but not exceeding VND 300,000,000;

e) A fine equal to 2 - 3 times the illicit profit shall be imposed if the illicit profit is more than VND 300,000,000 but not exceeding VND 400,000,000;

g) A fine equal to 3 - 4 times the illicit profit shall be imposed if the illicit profit is more than VND 400,000,000 but not exceeding VND 500,000,000;

h) A fine equal to 4 - 5 times the illicit profit shall be imposed if the illicit profit is exceeding VND 500,000,000.”.

29. To add Clause 2a to Clause 2 Article 16 as follows:

 “2a. Additional sanctions:

Confiscation of the amount of illicit profits earned through the commission of administrative violations specified in Clause 2 of this Article."

30. To amend Clause 3 Article 16 as follows:

“3. Remedial measures:

Forcible revocation of pre-packed goods in circulation according to regulations for violations specified in Clause 1, Clause 2 of this Article.”.

31. To amend and supplement Article 17 as follows:

“Article 17. Violations of regulations on declaration of applicable standards, except for violations relating to food safety

1. A fine ranging from VND 10,000,000 to VND 20,000,000 shall be imposed for the act of failing to make a declaration about applicable standards in production or import of goods.

2. The fines for the act of production or import of products, goods having quality not satisfying the corresponding technical regulations are prescribed as follows:

a) A fine ranging from VND 500,000 to VND 1,000,000 shall be imposed if the infringing goods’ value is not exceeding VND 10,000,000;

b) A fine ranging from VND 1,000,000 to VND 2,000,000 shall be imposed if the infringing goods’ value is more than VND 10,000,000 but not exceeding VND 20,000,000;

c) A fine ranging from VND 2,000,000 to VND 4,000,000 shall be imposed if the infringing goods’ value is more than VND 20,000,000 but not exceeding VND 40,000,000;

d) A fine ranging from VND 4,000,000 to VND 8,000,000 shall be imposed if the infringing goods’ value is more than VND 40,000,000 but not exceeding VND 80,000,000;

dd) A fine ranging from VND 8,000,000 to VND 15,000,000 shall be imposed if the infringing goods’ value is more than VND 80,000,000 but not exceeding VND 150,000,000;

e) A fine ranging from VND 15,000,000 to VND 30,000,000 shall be imposed if the infringing goods’ value is more than VND 150,000,000 but not exceeding VND 300,000,000;

g) A fine ranging from VND 30,000,000 to VND 100,000,000 shall be imposed if the infringing goods’ value is exceeding VND 300,000,000.

3. A fine ranging from VND 20,000,000 to VND 40,000,000 shall be imposed, if contents of declared standards are not satisfactory to corresponding technical regulations or regulations of a competent agency.

4. A fine equal to 1 - 2 times the total value of infringing goods consumed shall be imposed, if the produced or imported goods’ quality is inconsistent with the declared standards.

5. A fine equal to 2 - 3 times the total value of infringing goods consumed shall be imposed if the declared standards of the produced or imported goods are inconsistent with the corresponding technical regulations or regulations of the competent agency.

6. A fine ranging from VND 10,000,000 and 20,000,000 shall be imposed for one of the following acts:

a) Failing to fulfill requirements for declared management system standards;

b) Failing to develop, apply and maintain the quality management system;

c) Failing to apply management system standards but declare the application.

7. Remedial measures:

a) For the violations specified in Clauses 1, 2, 3, and 4 of this Article, the remedial measures shall be applied according to the following order of priority: forcible bringing out of the territory of the Socialist Republic of Vietnam or forcible recall of and forcible re-export of imports; forcible recall and change of use purpose of imports; forcible recall of goods that cause harm to human’s health, livestock, plants, fishery and environment;

b) Forcible revision of declared standards and re-compliance with declaration of applicable standards for the violations specified in Clause 5 this Article;

c) Forcible correction of false or misunderstanding information through the mass media or forcible compliance with declared standards for the violation specified in Clause 5 of this Article.”.

32. To amend Clauses 2, 5; to add Point e to Clause 2 Article 18 as follows:

a) To amend the first paragraph of Clause 2 Article 18 as follows:

“2. A fine ranging from VND 10,000,000 to VND 20,000,000 shall be imposed for one of the following violations that are committed in the production or import of products or goods infringing the conformity announcement:”;

b) To add Point e to Clause 2 Article 18 as follows:

 “e) Failing to submit a certified true copy of certificate of quality or certificate of assessment to the inspection agency within the prescribed time limit for imported goods subject to the management measures according to the results of certification and assessment of the certification organization or assessment organization that has been registered or acknowledged by regulations of law under the legal documents.”;

c) To amend Clause 5 Article 18 as follows:

“5. Remedial measures:

For violations specified in Clause 1, Point dd Clause 2, Point c Clause 3 and Clause 4 of this Article, the remedial measures shall be applied according to the following order of priority:

a) Forcible bringing out of the territory of the Socialist Republic of Vietnam or forcible re-export of imports;

b) Forcible recall and recycling or change of use purpose;

c) Forcible recall of goods that cause harm to human’s health, livestock, plants, fishery and environment.”.

33. To add Clause 1a to Clause 1 Article 19; to amend and supplement the first paragraph of Clause 3, Point e Clause 3 and Clause 6 Article 19; to add Clause 3a to Clause 3 Article 19 as follows:

a) To add Clause 1a to Clause 1 Article 19 as follows:

 “1a. A fine ranging from VND 10,000,000 to VND 20,000,000 shall be imposed for one of the following violations:

a) Failing to submit the result of conformity self-assessment to the inspection agency within the prescribed time limit for group-2 imports in case the national technical regulation provides measures for declaration of regulation conformity according to the result of conformity self-assessment of organizations and individuals;

b) Failing to submit a certified true copy of certificate of quality or certificate of assessment to the inspection agency within the prescribed time limit for group-2 imports in case the national technical regulation provides measures for declaration of regulation conformity according to the result of certification and assessment of the certification organization or assessment organization that has been registered or acknowledged in accordance with law.”;

b) To amend the first paragraph of Clause 3 Article 19 as follows:

“3. A fine ranging from VND 30,000,000 to VND 40,000,000 shall be imposed for one of the following violations in production of goods that are subject to declaration of regulation conformity in accordance with the national technical regulation:”;

c) To amend and supplement Point e Clause 3 Article 19 as follows:

“e) Using banned additives, chemicals or antibiotics or those that have not yet been permitted for use in production of goods, except for production or preparation for food;";

d) To add Clause 3a to Article 19 as follows:

 “3a. A fine ranging from VND 50,000,000 to VND 100,000,000 shall be imposed for one of the following violations in production or import of goods that are subject to declaration of regulation conformity in accordance with the national technical regulation:

a) Failing to assess the compliance of technical regulations with imports subject to one of the following measures: certification or assessment carried out by a certification organization or assessment organization that has been registered or acknowledged in accordance with law; self-assessment of compliance carried out by the organization or individual;

b) Failing to carry out certification of regulation conformity in production or import of goods that are subject to certification of regulation conformity carried out by a certification organization or assessment organization as appointed by law or using the expired certificate of regulation conformity or conformity mark.”;

dd) To amend Clause 6 Article 19 as follows:

“6. Remedial measures:

For the violations specified in Clauses 1, 2, 3, 3a and 4 of this Article, remedial measures shall be applied according to the following order of priority:

a) Forcible bringing out of the territory of the Socialist Republic of Vietnam or forcible re-export of imports;

b) Forcible recall and recycling or change of use purpose;

c) Forcible recall of goods that cause harm to human’s health, livestock, plants, fishery and environment.”.

34. To amend title of Article 20 as follows:

“Article 20. Violations relating quality of goods for sale, except for violations in in the field of food safety”.

35. To amend Clause 6 Article 20 as follows:

“6. A fine equal to 2 - 3 times the value of infringing goods consumed shall be imposed for one of the following violations:

a) Replacing, adding, removing goods ingredients or additives, or mixing substances that reduce the quality of goods or fail to satisfy the declared standards.

b) Selling goods that have quality not satisfying corresponding technical regulations or regulations of a competent agency;

c) Selling goods when measures for management according to regulations of corresponding national technical regulations have not yet been taken or certification of regulation conformity or assessment in conformity with technical regulation has not yet been carried out within the prescribed time limit for group-2 goods”.

36. To amend and supplement Clause 7 Article 20 as follows:

“7. A fine equal to 3 - 5 times the value of infringing goods consumed shall be imposed for the act of replacing, adding or removing ingredients or additives, mixing impurities or containing substances that affect safety of human, animals, fishery, property, plants and the environment; reduce the quality of goods or failing to satisfy corresponding technical regulations or regulations of the competent agency.”.

37. To amend and supplement Clause 9 Article 20 as follows:

“9. Remedial measures:

For the violations specified in Clauses 5, 6 and 7 of this Article, remedial measures shall be applied according to the following order of priority:

a) Forcible recall and change of use purpose;

b) Forcible recall of goods that cause harm to human’s health, livestock, plants, fishery and environment.”.

38. To amend and supplement a number of Points, Clauses of Article 21 as follows:

a) To add Points c, d Clause 3, Article 21 as follows:

“c) Carrying out assessment of conformity when the validity period of the certificate of conformity assessment registration expires;

d) Carrying out assessment of conformity beyond the registered scope.”;

b) To amend the first paragraph of Clause 2 Article 21 as follows:

“2. A fine ranging from VND 50,000,000 to VND 100,000,000 shall be imposed for one of the following violations:

c) To amend Point a Clause 2 Article 21 as follows:

“a) Carrying out assessment of conformity serving state management when the decision on appointment expires;”;

d) To add Points d, dd Clause 4 Article 21 as follows:

“d) Carrying out assessment of conformity without being granted with operation registration by a competent agency;

dd) Carrying out assessment of conformity serving state management without appointment;”;

d) To amend the first paragraph of Clause 3 Article 21 as follows:

“3. A fine ranging from VND 100,000,000 to VND 150,000,000 shall be imposed for one of the following violations:”;

e) To amend the first paragraph of Clause 4 Article 21 as follows:

“4. A fine ranging from VND 150,000,000 to VND 300,000,000 shall be imposed for one of the following violations:”;

g) To amend and supplement Clause 5 Article 21 as follows:

“5. Additional sanctions:

a) Deprivation of the right to use the certificate of conformity assessment registration for a definite term of between 3 and 6 months for the violations specified at Point b Clause 1, Points c, dd, e and g Clause 2 of this Article;

b) Deprivation of the right to use the certificate of conformity assessment registration for a definite term of between 6 and 9 months for the violations specified in Clause 3, Points a, b, c Clause 4 of this Article;

c) Deprivation of the right to use the decision on appointment for assessment of conformity for a definite term of between 6 and 12 months for the violations specified at Point b Clause 2, Points a, b, Clause 3 and Points a, b, c Clause 4 of this Article

d) Suspension of the activity of the assessment of conformity for a definite term of between 1 and 3 months for the violations specified at Point a Clause 1 of this Article.”;

h) To amend Clause 6 Article 21 as follows:

“6. Remedial measures:

a) Forcible revocation of assessment results of conformity for the violations specified at Point a Clause 1, Points a, b, c, d, e and g Clause 2, Clauses 3 and 4 this Article;

b) Forcible refund of illicit profits earned through the commission of administrative violations in Point b, Clause 1 or Points a, b, c, d, e and g Clause 2, Clauses 3 and 4 of this Article;”.

39. To amend and supplement a number of Points, Clauses of Article 23 as follows:

a) To amend and supplement Clause 1 as follows:

“1. A fine ranging from VND 30,000,000 to VND 40,000,000 shall be imposed for the act of failing to make regular or ad hoc reports at the request of a competent agency on accreditation results registered.

b) To amend the first paragraph of Clause 2 as follows:

“2. A fine ranging from VND 50,000,000 to VND 100,000,000 shall be imposed for one of the following violations:”;

c) To add Points dd, e Clause 2 as follows:

“dd) Carrying out accreditation when the certificate of accreditation registration expires;

e) Carrying out accreditation beyond the registered scope;”;

d) To amend the first paragraph of Clause 3 as follows:

“3. A fine ranging from VND 100,000,000 to VND 150,000,000 shall be imposed for one of the following violations:”;

dd) To add Point c Clause 4 as follows:

“c) Carrying out accreditation without being granted with operation registration by a competent agency.”;

e) To amend the first paragraph of Clause 4 as follows:

“A fine ranging from VND 150,000,000 to VND 300,000,000 shall be imposed for one of the following violations:”;

g) To amend Clause 5 as follows:

“5. Additional sanctions:

a) Deprivation of the right to use the certificate of eligibility for accreditation for a definite term of between 3 and 6 months for the violations specified at Points a, b, c Clause 2 of this Article;

b) Deprivation of the right to use the certificate of eligibility for accreditation for a definite term of between 6 and 9 months for the violations specified at Points dd, e Clauses 2, 3 of this Article;

c) Deprivation of the right to use the certificate of eligibility for accreditation for a definite term of between 9 and 12 months for the violations specified at Points a, b Clause 4 of this Article;

d) Suspension of accreditation activities for a definite term of between 01 and 03 months for the violation specified in Clause 1 of this Article.”;

h) To amend Clause 6 as follows:

“6. Remedial measures:

a) Forcible revocation of the granted certificate of accreditation for the violations specified at Points a, b, dd, e Clause 2; Points b, c Clauses 3 and Clause 4 this Article;

b) Forcible refund of illicit profits earned through the commission of administrative violations specified at Points a, b, dd, e Clause 2; Points b, c Clauses 3 and 4 of this Article;”.

40. To amend Points d, dd Clause 2 Article 24 as follows:

“d) Using false dossiers, documents to register provision of services of inspection/calibration/testing of measuring instrument or measurement standard or request the designation for providing services of inspection/calibration/testing of measuring instrument or measurement standard; register certification/testing/ assessment/inspection/accreditation/training/consulting/prize consideration or apply for designation of certification/testing/assessment/inspection; apply for the grant of certificate of measurement standards or certificate of measurement inspector; apply for the grant of certificate of petrol and oil preparation registration; register for state inspection of the quality of imports, certificate of eligibility for use of quantity marking on pre-packaged goods labels, license for transportation of dangerous goods or certificate of barcode use rights;

dd) Falsifying or modifying contents of the certificate of registration of providing services of inspection/calibration/testing of measuring instrument or measurement standard; decision on appointment of inspection/calibration/testing of measuring instruments/measurement standards; certificate of certification/ testing/ assessment/inspection/accreditation/training/consulting/prize consideration registration; decision on appointment of certification/testing/assessment/inspection organization; decision on certification of measurement standards, decision on certification of, issuance of card of measurement inspector; certificate of petrol and oil preparation registration; certificate of registration of state inspection of the quality of imports, certificate of eligibility for use of quantity marking on pre-packaged goods labels; license for transportation of dangerous goods or certificate of barcode use rights.”.

41. To add Point c Clause 4 Article 24 as follows:

“c) Forcible return of the certificate of standard conformity; certificate of regulation conformity; conformity marking; quantity marking on pre-packaged goods; certificate of certification/testing/assessment/inspection/accreditation, test/inspection/assessment results of quality; stamp, marking or certificate of inspection/calibration; certificate of registration of providing services of inspection/calibration/testing of measuring instrument or measurement standard; decision on appointment of inspection/calibration/testing of measuring instruments/measurement standards; certificate of certification/testing/assessment/inspection/accreditation/training/consulting/prize consideration registration; decision on appointment of certification/testing/assessment/inspection organization; decision on certification of measurement standards, decision on certification of, issuance of card of measurement inspector; certificate of petrol and oil preparation registration; certificate of eligibility for use of quantity marking on pre-packaged goods labels; license for transportation of dangerous goods or certificate of barcode use rights, for the violations specified in Clause 2 this Article.”.

42. To amend and supplement a number of Clauses of Article 25 as follows:

a) To amend Clause 1 as follows:

“1. A fine ranging from VND 30,000,000 to VND 40,000,000 shall be imposed for the act of consideration in rewards for quality of goods not included in the registered rewards.”;

b) To amend Clause 3 as follows:

“3. A fine ranging from VND 70,000,000 to VND 100,000,000 shall be imposed for one of the following violations:

a) Considering rewards for quality of goods without being granted with an operation registration as prescribed by the competent agency.”;

b) Failing to make reports on remedial measures for violations as required by a competent agency.”;

c) To amend Clause 4 as follows:

“4. Additional sanctions:

Deprivation of the right to use the certificate of registration of award consideration for a definite term of between 3 and 6 months for the violations specified in Clause 1, Points a, b and c Clause 2 this Article.”;

d) To amend Clause 5 as follows:

“5. Remedial measures:

a) Forcible recall or cancellation of the decision on giving rewards; correction of false information on website for the violations specified in Clause 1, Points a, b and c Clause 2 and Clause 3 this Article;

b) Forcible refund of illicit profits earned through the commission of administrative violations specified in Clause 1; Points a, b and c Clause 2 and Clauses 3 of this Article;”.

43. To amend Clause Article 27 as follows:

“Article 27. Violations against regulations on transportation of dangerous goods that are oxidizing agents, organic oxide compounds and corrosives

1. A fine ranging from VND 30,000,000 to VND 70,000,000 shall be imposed for one of the following violations:

a) Transporting dangerous goods without a license granted by a competent agency;

b) Using the expired license for transporting dangerous goods;

c) Transporting dangerous goods not included in the license;

d) Failing to use materials used to make packages and containers of dangerous goods on the vehicles in accordance with regulations, declared standards, technical regulations of packages and containers corresponding to each type of substances, each group of dangerous goods under the licensing competence;

dd) A vehicle driver, storekeeper, escort or person loading and unloading class- 5, 7 or 8 - dangerous goods without a certificate of completion of training course on transportation of dangerous goods according to regulations or with the expired certificate of completion of training course;

e) Failing to have escorts according to regulations in case of transporting dangerous goods that require escorts;

g) Failing to have a declaration of dangerous goods sent by the person who hires the transportation of dangerous goods to the carrier before loading the goods on the vehicle; failing to buy insurance for dangerous goods when transporting them on the railway according to regulations;

h) Carrier fails to display the dangerous logo of the type or group of dangerous goods that are being transported according to regulations; fails to fully comply with the notification of the person hiring the transportation and regulations in the license for transport dangerous goods; fails to buy insurance in accordance with law when transporting on railways;

i) Vehicle driver fails to bring dossiers of transportation of dangerous goods provided by the person hiring the transportation according to regulations; fails to comply with regulations in the license for transport dangerous goods; fails to make records, report to the nearest commune-level People's Committees and relevant agencies in order to promptly handling in case of detection of incidents that threaten the safety of people, vehicles, the environment and other goods or traffic accidents throughout transportation; fails to report to superior bodies and person hiring the transportation for timely handling in case of beyond the handling ability;

k) Failing to take remedial measures as required by a competent agency.

2. Additional sanctions:

Deprivation of the right to use the license for transportation of dangerous goods for a definite term of between 1 and 6 months for the violations specified at Points c, dd, e, h, i and k Clause 1 of this Article.”.

44. To amend Article 29 as follows:

“Article 29. Violations relating to production and preparation of petrol and oil

1. A fine ranging from VND 40,000,000 to VND 60,000,000 shall be imposed for one of the following violations:

a) Production and preparation of petrol and oil without registration of establishment;

b) Production or preparation of petrol and oil without being granted with a certificate by a competent agency;

c) Using the expired certificate of petrol and oil preparation registration;

d) Using uncommon additives and preparations to prepare petrol and oil without the competent agency’s consent;

dd) Production or preparation of petrol and oil at a location other than those for production or preparation as stated in the certificate of petrol and oil preparation registration

2. Additional sanctions:

a) Deprivation of the right to use the certificate of petrol and oil preparation registration for a definite term of 1 and 6 months for the violations specified at Point d Clause 1 this Article;

b) Confiscation of administrative violation material evidence specified at Points b and dd Clause 1 of this Article.”.

45. To add Article 29a to Article 29 as follows:

“Article 29a. Violations relating to production and preparation of gas

1. A fine ranging from VND 10,000,000 to VND 20,000,000 shall be imposed for one of the following violations:

a) Producing or preparing gas without submission of the self-declaration of conformity with conditions for preparation according to regulations;

b) Failing to notify the competent agency of the standard of the additives used to prepare the gas according to regulations.

2. A fine ranging from VND 40,000,000 to VND 60,000,000 shall be imposed for one of the following violations:

a) Failing to have a laboratory to check the quality of gas or have a minimum one-year lease contract with a trader or organization with the laboratory that has registered in accordance with law, with full capability for checking the criteria on the quality of gas according to declared standards and national technical regulations;

b) Producing or preparing gas at a location other than those for preparation according to the self-declaration of conformity with conditions for preparation sent to the competent management agency.

3. Additional sanctions:

b) Confiscation of administrative violation material evidence specified at Point b Clause 1, Point b Clause 2 of this Article.”.

46. To amend the first paragraph of Clause 1 Article 30 as follows:

 “1. A fine ranging from VND 500,000 to VND 1,000,000 shall be imposed for one of the following violations if the infringing goods are valued up to VND 5,000,000, unless goods imported into Vietnam have the original labels with the contents that are illegible according to regulations without being remedied by the importers; goods imported into Vietnam have the original labels without auxiliary labels when carrying out customs clearance procedure.”.

47. To amend and supplement Clause 3 Article 30 as follows:

“3. Remedial measures:

a) Forcible recall of goods and labelling in accordance with regulations before circulation; forcible destruction of illegal labels; forcible destruction or change of use purpose of goods having illegal labels if it is impossible to remove the illegal labels from the goods for the violations specified in Clauses 1 and 2 of this Article;

b) Forcible refund of money amounts equivalent to the value of administrative violation material evidences or means which have been sold, dispersed or destroyed in contravention of law, for violations specified in this Article.”.

48. To amend and supplement Clause 1 Article 31 as follows:

“1. A fine ranging from VND 500,000 to VND 1,000,000 shall be imposed for one of the following violations if the infringing goods’ value is less than VND 5,000,000, except for goods imported into Vietnam having the original labels with the contents that are illegible in accordance with law without being remedied by the importers; goods imported into Vietnam having the original labels without auxiliary labels when carrying out the customs clearance procedure:

a) Producing, importing, transporting, storing and trading goods that have labels (including stamps or auxiliary labels) or enclosed documents without specifying compulsory contents on the goods labels in accordance with the law on goods labeling;

b) Importing, transporting, storing and trading goods that have original labels in a foreign language without auxiliary labels in Vietnamese.”.

49. To amend and supplement Clause 2 Article 31 as follows:

“2. The fines for the violation specified in Clause 1 this Article if the infringing goods’ value is VND 5,000,000 or more are prescribed as follows:

a) A fine ranging from VND 1,000,000 to VND 3,000,000 shall be imposed, if the infringing goods’ value is from VND 5,000,000 to less than VND 10,000,000;

b) A fine ranging from VND 3,000,000 to VND 7,000,000 shall be imposed if the infringing goods’ value is from VND 10,000,000 to less than VND 20,000,000;

c) A fine ranging from VND 7,000,000 to VND 10,000,000 shall be imposed if the infringing goods’ value is from VND 20,000,000 to less than VND 30,000,000;

d) A fine ranging from VND 10,000,000 to VND 15,000,000 shall be imposed if the infringing goods’ value is from VND 30,000,000 to less than VND 50,000,000;

dd) A fine ranging from VND 15,000,000 to VND 20,000,000 shall be imposed, if the infringing goods’ value is from VND 50,000,000 to less than VND 70,000,000;

e) A fine ranging from VND 20,000,000 to VND 25,000,000 shall be imposed, if the infringing goods’ value is from VND 70,000,000 to less than VND 100,000,000;

g) A fine ranging from VND 25,000,000 to VND 30,000,000 shall be imposed, if the infringing goods’ value is VND 100,000,000 or more;

h) A fine of twice as much as that specified at Points a, b, c, d, dd, e and g in this Clause shall be imposed for the following infringing goods: food, food additives, food processing aids, food preservatives and functional foods.”.

50. To amend the first paragraph of Clause 3 Article 31 as follows:

“3. The fines for trade in goods of which the labels display images, drawings, writings, signs, symbols, medals, prizes and other information that are not true to nature or fact of such goods; labels displaying images or contents related to the sovereignty disputes and other sensitive contents that may affect security, politics, economy, society, diplomatic relations and Vietnamese custom; trade in labeled goods including original labels or auxiliary ones of imported goods that are falsified; trade in goods having fraudulent use duration on goods labels; or trade in expired goods, except for imports that have not been cleared, are prescribed as follows:”.

51. To amend and supplement Point n Clause 3 Article 31 as follows:

“n) A fine of twice as much as that specified at Points a, b, c, d, dd, e and g in this Clause shall be imposed for the following infringing goods: food, food additives, food processing aids, food preservatives, preventive and curative medicines for humans, functional foods and cosmetics; detergents, insecticides, disinfectant used in household and medical , veterinary drugs, fertilizers, cement, feedstuff, aquatic feed, treatment products for aquaculture environment, pesticides, growth promoters, crop varieties and breeds of livestock, aquatic breeds and goods subject to conditional business lines.”.

52. To amend and supplement Clause 4 Article 31 as follows:

“4. The fines for trading in goods without compulsory labels; without original labels or with original labels not specifying compulsory contents on the goods or with falsified original labels, are prescribed as follows:

a) A fine ranging from VND 1,000,000 to VND 3,000,000 shall be imposed if the infringing goods’ value is less than VND 5,000,000;

b) A fine ranging from VND 3,000,000 to VND 5,000,000 shall be imposed if the infringing goods’ value is from VND 5,000,000 to less than VND 10,000,000;

c) A fine ranging from VND 5,000,000 to VND 10,000,000 shall be imposed if the infringing goods’ value is from VND 10,000,000 to less than VND 20,000,000;

d) A fine ranging from VND 10,000,000 to VND 15,000,000 shall be imposed if the infringing goods’ value is from VND 20,000,000 to less than VND 30,000,000;

dd) A fine ranging from VND 15,000,000 to VND 25,000,000 shall be imposed if the infringing goods’ value is from VND 30,000,000 to less than VND 50,000,000;

e) A fine ranging from VND 25,000,000 to VND 35,000,000 shall be imposed if the infringing goods’ value is from VND 50,000,000 to less than VND 70,000,000;

g) A fine ranging from VND 35,000,000 to VND 50,000,000 shall be imposed if the infringing goods’ value is from VND 70,000,000 to less than VND 100,000,000;

h) A fine ranging from VND 50,000,000 to VND 60,000,000 shall be imposed if the infringing goods’ value is VND 100,000,000 or more;

i) A fine of twice as much as that specified at Points a, b, c, d, dd, e, g and h of this Clause shall be imposed for the following infringing goods: food, food additives, food processing aids, food preservatives and functional foods.”.

53. To amend and supplement Clause 7 Article 31 as follows:

“7. Additional sanctions:

a) Confiscate administrative violation material evidence which are labels displaying images or contents related to the sovereignty disputes and other sensitive contents that may affect security, politics, economy, society, diplomatic relations and Vietnamese custom, for violations specified in Clause 3 of this Article;

b) Deprivation of the right to use the license or certificate to operate for a definite term of between 1 and 3 months for the violations specified in Clauses 3, 4 of this Article.”.

54. To amend Clause 8 Article 31 as follows:

“8. Remedial measures:

a) For the violations specified in Clauses 1, 2 and 4 of this Article, the remedial measures shall be applied according to the following order of priority: forcible bringing out of the territory of the Socialist Republic of Vietnam or forcible re-export of imports; forcible recall of goods and labelling in accordance with regulations before circulation; forcible recall and destruction of illegal labels; forcible destruction or change of use purpose of goods having illegal labels in case it is impossible to remove the illegal labels from the goods;

b) Forcible recall of goods and destruction of images, drawings, writings, signs, symbols, medals, prizes and other information that are not true to nature or fact of such goods; forcible recall and destruction of goods having fraudulent use duration on goods labels; or expired goods for violations specified in Clause 3 of this Article;

c) Forcible refund of money amounts equivalent to the value of administrative violation material evidences or means which have been sold, dispersed or destroyed in contravention of law, for violations specified in this Article.”.

55. To amend Points b, e Clause 1 Article 32 as follows:

“b) Using codes and barcodes when the validity period of the certificate of barcode use rights expires;

e) Declaring information about codes and barcodes on the national identification number database not in line with real information about the trade item using the GTIN or location using the GLN; using trace codes, tags, stamps, labels or formats according to an appropriate method to provide information on the original of products and goods without data or with data having the contents and data in contravention of law; attaching tags, stamps, labels or formats according to an appropriate method to provide information about the original of products and goods without declaring or updating information in accordance with regulations on the forms, contents of tags, stamps, labels or formats according to an appropriate method.”.

56. To add Clause 1a to Clause 1 Article 32 as follows:

 “1a. Failing to pay charge for maintenance and use of barcodes in accordance with regulations.

a) A fine equal to 1 to 3 times the amount of the charge for maintenance and use of barcode. The maximum fine is VND 50,000,000.

b) Remedial measures:

 Forcible payment for the charge for maintenance and use of barcodes in accordance with regulations.”.

57. To amend Point a Clause 3 Article 32 as follows:

“a) Use of foreign barcodes to print on produced/processed/packaged/extracted goods in Vietnam without permission from foreign organizations possessing such barcodes to use in Vietnam.”.

58. To amend Points b, c Clause 4 Article 32 as follows:

“b) Providing false information about the owner or user of legal GS1 barcodes granted by the competent state agency in Vietnam;”.

“c) Developing and providing services, solutions and applications based on barcodes of the competent state agency of Vietnam without permission.

59. To amend and supplement Clause 6 Article 32 as follows:

“6. Remedial measures:

a) Forcible recall of products, goods and destruction of illegal barcodes; forcible destruction of goods having illegal labels if it is impossible to remove the illegal barcodes from the products, goods, for the violations specified in Clauses 2 and 3 of this Article;

b) Forcible refund of illicit profits earned through the commission of administrative violations specified in Clause 4 of this Article;”.

60. To amend and supplement Point c Clause 1 Article 34 as follows:

“c) Confiscation of administrative violation material evidences or means, of a value not exceeding VND 1,000,000 for individuals, VND 2,000,000 for organizations;”;

61. To amend and supplement the first paragraph of Clause 2 Article 34 as follows:

“2. Chief inspectors of provincial-level Departments of Science and Technology; heads of specialized inspection teams of provincial-level Departments of Science and Technology; Directors of Departments of Standards, Metrology and Quality; Directors of Central Departments of Management of Goods and Product Quality and Directors of Southern Departments of Management of Goods and Product Quality affiliated to Departments of Management of Goods and Product Quality; Heads of specialized inspection teams of Departments of Standards, Metrology and Quality of districts/cities and Heads of specialized inspection teams of the Directorate for Standards, Metrology and Quality may:”.

62. To amend and supplement Point d Clause 2 Article 34 as follows:

“d) Confiscate administrative violation material evidences or means, of a value not exceeding VND 100,000,000 for individuals, VND 200,000,000 for organizations;”;

63. To amend and supplement Point d Clause 3 Article 34 as follows:

“d) Confiscate administrative violation material evidences or means in the metrology, of a value not exceeding VND 140,000,000 for individuals, VND 280,000,000 for organizations; standards and quality of products and goods, of a value not exceeding 210,000,000 for individuals, VND 420,000,000 for organizations;”

64. To amend and supplement the first paragraph of Clause 3 Article 34 as follows:

“3. Heads of specialized inspection team of the Ministry, Department of Management of Goods and Product Quality under the Directorate for Standards, Metrology and Quality according to the assigned functions, powers and tasks may:”.

65. To amend and supplement Point c Clause 1 Article 35 as follows:

“c) Confiscate administrative violation material evidences or means, of a value not exceeding VND 10,000,000 for individuals, VND 20,000,000 for organizations;”;

66. To amend and supplement Point b Clause 2 Article 35 as follows:

“b) Impose a fine up to VND 50,000,000 for individuals and VND 100,000,000 for organizations in the metrology, a fine up to VND 75,000,000 for individuals and VND 150,000,000 for organizations in the standards and quality of products and goods.”.

67. To amend and supplement Point d Clause 2 Article 35 as follows:

“d) Confiscate administrative violation material evidence or means;”.

68. To amend and supplement the first paragraph of Clause 2 Article 36 as follows:

“2. Heads of company-level Mobile Police Units, station chiefs and team heads of the persons specified in Clause 1 this Article may:”.

69. To amend and supplement the first paragraph of Clause 3 Article 36 as follows:

“3. Chiefs of commune-level police offices, chiefs of police stations and chiefs of police offices of border gates or export processing zones, heads of border-gate police offices of international airports, heads of mobile police battalions, and heads of marine squads may:”.

70. To amend and supplement Point c Clause 3 Article 36 as follows:

“c) Confiscate administrative violation material evidences or means, of a value not exceeding VND 5,000,000 for individuals, VND 10,000,000 for organizations;”;

71. To amend and supplement Clause 4 Article 36 as follows:

“4. Chiefs of district-level police offices; heads of the professional divisions of the Traffic Police Department; and heads of divisions of provincial-level of Departments of Public Security, heads of Police Divisions for Administrative Management of Social Order, heads of Police Divisions for Investigation of Corruption, Economic and Smuggling Crimes, heads of Police Divisions for Investigation of Drug-Related Crimes, heads of Traffic Police Divisions, heads of Road and Railway Traffic Police Divisions, heads of Road Traffic Police Divisions, heads of Waterways Police Divisions, heads of Police Divisions for Environmental Crime Prevention and Combat, heads of internal Security and Politics Divisions, heads of Economic Security Divisions may:”.

72. To amend and supplement Point d Clause 4 Article 36 as follows:

“d) Confiscate administrative violation material evidences or means, of a value not exceeding VND 50,000,000 for individuals, VND 100,000,000 for organizations;”;

73. To amend and supplement Point b Clause 5 Article 36 as follows:

“b) Impose a fine up to VND 50,000,000 for individuals and VND 100,000,000 for organizations in the metrology, a fine up to VND 75,000,000 for individuals and VND 150,000,000 for organizations in the standards and quality of products and goods.”.

74. To amend and supplement Point d Clause 5 Article 36 as follows:

“d) Confiscate administrative violation material evidence or means;”.

75. To amend and supplement the first paragraph of Clause 6 Article 36 as follows:

“6. The Director of the Internal Political Security Department, Director of the Economic Security Department, Director of the Police Department for Administrative Management of Social Order, Director of Police Department for Investigation of Social Order-Related Crimes, Director of the Police Department for Investigation of Corruption, Economic and Smuggling Crimes, Director of the Police Department for Drug-Related Crimes, Director of the Traffic Police Department, Director of the Fire Prevention and Fighting, Salvage and Rescue Police Department, Director of the Environmental Crime Prevention and Combat Police Department, Director of the Cyber Security and Hi-Tech Crime Prevention and Combat Department, Director of the Immigration Department may:”.

76. To amend and supplement Point d Clause 6 Article 36 as follows:

“d) Confiscate administrative violation material evidence or means;”.

77. To amend the first paragraph of Clause 2 Article 37 as follows:

“Heads of customs teams and squads of Customs Branches; heads of groups under customs control teams of provincial, inter-provincial or municipal Customs Departments; and heads of customs teams of Post-Customs Clearance Inspection Branches may:”.

78. To amend the first paragraph of Clause 3, Point c Clause 3 Article 37 as follows:

“3. Heads of Customs Branches; heads of Post-Customs Clearance Inspection Branches; heads of customs control teams of provincial, interprovincial or municipal Customs Departments; heads of Criminal Investigation Teams; heads of Anti-Smuggling Control Teams; chiefs of marine control flotillas, and heads of Control Teams to Combat Smuggling of Counterfeit Goods and Protect Intellectual Property Rights of the Anti-Smuggling Investigation Department; and heads of Post-Customs Clearance Inspection Branches of the Post-Customs Clearance Inspection Department may:”;

“c) Confiscate administrative violation material evidences or means, of a value not exceeding VND 50,000,000 for individuals, VND 100,000,000 for organizations;”;

79. To amend and supplement Point d Clause 4 Article 37 as follows:

“d) Confiscate administrative violation material evidence or means;”.

80. To amend and supplement Point c Clause 2 Article 38 as follows:

“c) Confiscate administrative violation material evidences or means, of a value not exceeding VND 50,000,000 for individuals, VND 100,000,000 for organizations;”;

81. To amend and supplement the first paragraph of Clause 3 Article 38 as follows:

“3. Directors of provincial-level Market Surveillance Departments, and the Director of the Market Surveillance Professional Department of the Vietnam Directorate of Market Surveillance may:”.

82. To amend and supplement Point c Clause 3 Article 38 as follows:

“c) Confiscate administrative violation material evidences or means;”.

83. To amend and supplement the first paragraph of Clause 4 Article 38 as follows:

“4. The General Director of the Vietnam Directorate of Market Surveillance may:”.

84. To add Clause 2a to Clause 2 Article 39 as follows:

 “2a. Heads of drug and crime prevention and combat task force teams under drug and crime prevention and combat task force regiments may:

a) Impose caution;

b) Impose a fine up to VND 10,000,000 for individuals, and VND 20,000,000 for organizations;

c) Confiscate administrative violation material evidences or means, of a value not exceeding VND 20,000,000 for individuals, VND 40,000,000 for organizations;

d) Apply remedial measures specified at Points a, g, h, i Clause 3 Article 2 of this Decree.”.

85. To amend and supplement the first paragraph of Clause 3 Article 39 as follows:

“3. Chiefs of border-guard stations, heads of border-guard flotillas, and commanders of commanding boards of port border-gate guards at ports may:”.

86. To amend and supplement Points c, d Clause 3 Article 39 as follows:

“c) Confiscate administrative violation material evidences or means in the metrology, of a value not exceeding VND 40,000,000 for individuals, VND 80,000,000 for organizations; the standards and quality of products and goods, of a value not exceeding 210,000,000 for individuals, VND 420,000,000 for organizations;

d) Apply remedial measures specified at Points a, b, g, h and i Clause 3 Article 2 of this Decree.”.

87. To add Clause 3a to Clause 3 Article 39 as follows:

 “3a. Heads of drug and crime prevention and combat task force regiments of Drug and Crime Prevention and Combat Department under the Border Guard High Command may:

a) Impose caution;

b) Impose a fine up to VND 50,000,000 for individuals and VND 100,000,000 for organizations in the metrology, a fine up to VND 75,000,000 for individuals and VND 150,000,000 for organizations in the standards and quality of products and goods.

c) Confiscate administrative violation material evidences or means in the metrology, of a value not exceeding VND 100,000,000 for individuals, VND 200,000,000 for organizations. Impose a fine up to VND 150,000,000 for individuals and VND 300,000,000 for organizations in the standards and quality of products and goods;

d) Apply remedial measures specified at Points a, b, dd, g, h and i Clause 3 Article 2 of this Decree.”.

88. To amend and supplement the first paragraph of Clause 4 Article 39 as follows:

“4. Commanders of provincial-level border guards; chiefs of border-guard fleets and the Director of the Drug and Crime Prevention and Combat Department under the Border-Guard High Command may:”.

89. To amend and supplement Point dd Clause 4 Article 39 as follows:

“dd) Apply remedial measures specified at Points a, b, dd, g, h and i Clause 3 Article 2 of this Decree.”.

90. To amend and supplement Point c Clause 4; the first paragraph and Point c Clause 5, Clause 6 Article 40 as follows:

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

“c) Confiscate administrative violation material evidences or means in the metrology, of a value not exceeding VND 40,000,000 for individuals, VND 80,000,000 for organizations; the standards and quality of products and goods, of a value not exceeding 50,000,000 for individuals, VND 100,000,000 for organizations.”;

b) To amend and supplement the first paragraph of Clause 5 as follows:

“5. Chiefs of coast guard fleets; heads of reconnaissance teams, and heads of drug-related crime prevention and combat task force regiments of the High Command of the Vietnam Coast Guard may:”;

c) To amend and supplement Point c, Clause 5 as follows:

“c) Confiscate administrative violation material evidences or means in the metrology, of a value not exceeding VND 60,000,000 for individuals, VND 120,000,000 for organizations; the standards and quality of products and goods, of a value not exceeding 90,000,000 for individuals, VND 180,000,000 for organizations;”

d) To amend and supplement Clause 6 as follows:

“6. Coast Guard regional commanders, and the Director of the Professional and Legal Department of the High Command of the Vietnam Coast Guard may:

a) Impose caution;

b) Impose a fine up to VND 50,000,000 for individuals and VND 100,000,000 for organizations in the metrology, a fine up to VND 75,000,000 for individuals and VND 150,000,000 for organizations in the standards and quality of products and goods.

c) Deprive of the right to use licenses/practicing certificates for a definite term;

d) Confiscate administrative violation material evidence or means;

d) Apply remedial measures specified at Points a, b, g, h and i Clause 3 Article 2 of this Decree.”.

91. To amend and supplement Point c Clause 1 Article 41 as follows:

“c) Confiscate administrative violation material evidences or means, of a value not exceeding VND 1,000,000 for individuals, VND 2,000,000 for organizations;”;

92. To amend the first paragraph of Clause 2, Article 41 as follows:

 “2. Chief Inspectors of provincial-level Departments, directors of Food Safety and Hygiene Sub-Departments of provincial-level Departments of Health, directors of regional Animal Health Sub-Departments, directors of regional Animal Quarantine Sub-Departments of the Department of Animal Health, directors of regional Plant Quarantine Sub-Departments of the Plant Protection Department, Director of the Central Agro-Forestry-Fisheries Quality Assurance Sub-Department and Director of the Southern Agro-Forestry-Fisheries Quality Assurance Sub-Department of the National Agro-Forestry-Fisheries Quality Assurance Department, directors of Sub-Departments for Crop Production and Plant Protection, Livestock Production, Animal Health, Fisheries, Agro-Forestry-Fisheries Quality Assurance of provincial-level Departments of Agriculture and Rural Development, directors of regional Radio Frequency Centers may:”.

93. To amend and supplement Point d, Clause 2, Article 41 as follows:

“d) Confiscate administrative violation material evidences or means of a value not exceeding VND 100,000,000 for individuals, VND 200,000,000 for organizations;”.

94. To amend and supplement Point d, Clause 4, Article 41 as follows:

“d) Confiscate administrative violation material evidences or means in the measurement of a value not exceeding VND 140,000,000 for individuals, VND 280,000,000 for organizations; those in standards and quality of goods of a value not exceeding VND 210,000,000 for individuals, VND 420,000,000 for organizations;”.

95. To amend and supplement the first paragraph of Clause 5, Article 41 as follows:

“5. Chief inspectors of ministries and ministerial-level agencies, Director General of the Vietnam Administration of Forestry, Director General of the Directorate of Fisheries; Director General of the General Department of Geology and Minerals of Vietnam, Director General of the Vietnam Environment Administration, Director of the Bureau for Safe Work, Director of the Department of Chemicals, Director of the Industrial Safety Techniques and Environment Agency, Director of the Vietnam Industry Agency, Director of Vietnam Competition and Consumer Authority, Director of the Department of Animal Health, Director of the Plant Protection Department, Director of the Department of Crop Production, Director of the Department of Livestock Production, Director of the National Agro-Forestry-Fisheries Quality Assurance Department, Director of Agro Processing and Market Development Authority, Director General of the Authority of Radio Frequency Management, Director General of the Authority of Telecommunications, Director of the Authority of Broadcasting and Electronic Information, Director of the Authority of Press, Director of the Authority of Publication, Printing and Distribution, Director of the Drug Administration of Vietnam, Director of the Medical Services Administration, Director of the Health Environment Management Agency, Director of the General Department of Preventive Medicine, Director of the Vietnam Food Administration may:”.

96. To amend Clause 1, Article 43 as follows:

“1. When detecting administrative violations against regulations on standards, measurement and quality of goods, holders of the titles specified in Articles 34, 35, 36, 37, 38, 39, 40 and 41 of this Decree, servicemen of the People’s Army or People’s Public Security Force, civil servants and public employees who are on duty may make written records of administrative violations according to provisions.”.

Article 3. Amending and supplementing a number of articles of the Government’s Decree No. 51/2019/ND-CP dated June 13, 2019 on sanctioning of administrative violations in scientific and technological activities and technology transfer

1. To add Clauses 11, 12 and 13 to Article 4 as follows:

“11. Forcible disclosure of information about science and technology tasks.

12. Forcible making of reports on scientific and technological operation in accordance with provisions.

13. Forcible registration of change and supplementation to scientific and technological operation registration certificates.”.

2. To add Clause 4a after Clause 4 as follows:

“Article 4a. Execution of decisions on sanctioning administrative violations, execution of remedial measures and enforcement of decisions on sanctioning administrative violations

Execution of decisions on sanctioning administrative violations, execution of remedial measures and enforcement of decisions on sanctioning administrative violations prescribed in this Decree shall comply with Law on Handling of Administrative Violations and guiding documents.”.

3. To amend and supplement a number of Clauses of Article 6 as follows:

a) To amend and supplement Clause 2 as follows:

“2. A fine ranging from VND 2,000,000 to VND 4,000,000 shall be imposed for one of the following acts:

a) Failing to carry out disclosure of information about science and technology tasks funded by the state budget or carrying out the disclosure in contravention of provisions of competent state agencies;

b) Failing to register results of performance of scientific and technological tasks funded by the state budget in accordance with provisions of competent state agencies.”;

b) To add Clause 3 after Clause 2 as follows:

“3. Remedial measure:

Forcible disclosure of information about science and technology tasks for the violations specified at Point a, Clause 1 of this Article.”.

4. To amend and supplement a number of Clauses of Article 8 as follows:

a) To amend and supplement Clause 1 as follows:

“1. A fine ranging from VND 1,000,000 to VND 2,000,000 shall be imposed for the acts of failing to make reports on the operation situation or making reports on the operation situation in contravention of provisions of competent state agencies.”;

b) To amend and supplement Clause 10 as follows:

“10. Remedial measures:

a) Forcible making of reports on scientific and technological operation in accordance with provisions, for the violations specified in Clause 1 of this Article;

b) Forcible registration of change and supplementation to scientific and technological operation registration certificates for the violations specified at Point b, Clause 3 of this Article;

c) Forcible destruction of dossiers and documents with untruthful contents, for the violations specified in Clause 7 of this Article.”.

5. To amend and supplement a number of Clauses of Article 20 as follows:

a) To amend and supplement Clause 2 as follows:

“A fine ranging from VND 10,000,000 to VND 20,000,000 shall be imposed for the acts of failing to repay on time the supports received from the State in accordance with provisions when the certificates of registration of technology transfer or certificates of transfer of technologies encouraged for transfer are invalidated.”;

b) To add Point l, Clause 4 as follows:

“l) Investment incentives due to the grant of the certificate of transfer of technology encouraged for transfer.”.

6. To amend and supplement Clause 2, Article 27 as follows:

“2. Servicemen of the People’s Public Security Force, civil servants and public employees of the agencies specified in Article 28 thru Article 34 of this Decree who are on duty.”.

7. To amend and supplement number of Points and Clauses of Article 28 as follows:

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

“c) Confiscate administrative violation material evidences or means of a value up to VND 1,000,000.”;

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

“d) Confiscate administrative violation material evidences or means of a value up to VND 50,000,000.”;

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

“d) Confiscate administrative violation material evidences or means of a value up to VND 70,000,000.”.

8. To amend and supplement a number of Points and Clauses of Article 29 as follows:

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

“c) Confiscate administrative violation material evidences or means of a value up to VND 10,000,000.”;

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

“d) Confiscate administrative violation material evidences or means.”.

9. To amend and supplement a number of Clauses of Article 30 as follows:

a) To amend and supplement the first paragraph of Clause 2 as follows:

“2. Station chiefs and team heads of the persons specified in Clause 1 of this Article may:”;

b) To amend and supplement Clause 3 as follows:

“3. Chiefs of commune-level police offices, chiefs of police stations and chiefs of police offices of border gates or export processing zones, heads of border-gate police offices of international airports and heads of marine squads may:

a) Impose caution;

b) Impose a fine up to VND 2,500,000;

c) Confiscate administrative violation material evidences or means of a value up to VND 5,000,000.”;

b) To amend and supplement Clause 4 as follows:

“4. Chiefs of district-level police offices; heads of professional divisions of the Internal Political Security Department; heads of professional divisions of the Police Department for Administrative Management of Social Order, heads of professional divisions of the Department for Cyber Security and Hi-Tech Crime Prevention and Combat; heads of divisions of provincial-level of Departments of Public Security, including heads of Internal Political Security Divisions, heads of Police Divisions for Administrative Management of Social Order, heads of Police Divisions for Investigation of Social Order-Related Crimes, heads of Police Divisions for Investigation of Corruption, Economic and Smuggling Crimes, heads of Police Divisions for Environmental Crime Prevention and Combat, heads of Cyber Security and Hi-Tech Crime Prevention and Combat Divisions, heads of Economic Security Divisions may:

a) Impose caution;

b) Impose a fine up to VND 10,000,000;

c) Deprive of the right to use scientific and technological operation registration certificates, certificates of operation of representative office or branch for a definite term;

d) Confiscate administrative violation material evidences or means of a value up to VND 20,000,000.”;

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

“d) Confiscate administrative violation material evidences or means.”.

10. To amend and supplement a number of Points and Clauses of Article 31 as follows:

a) To amend and supplement the first paragraph of Clause 2 as follows:

“2. “Heads of customs teams and squads of Customs Branches; heads of groups under customs control teams of provincial, inter-provincial or municipal Customs Departments; and heads of customs teams of Post-Customs Clearance Inspection Branches” may:”;

b) To amend and supplement Clause 3 as follows:

“3. Heads of Customs Branches, heads of Post-Customs Clearance Inspection Branches, heads of customs control teams of provincial, interprovincial or municipal Customs Departments, heads of Criminal Investigation Teams, heads of Anti-Smuggling Control Teams, chiefs of marine control flotillas and heads of Control Teams to Combat Smuggling of Counterfeit Goods and Protect Intellectual Property Rights of the Anti-Smuggling Investigation Department; and heads of Post-Customs Clearance Inspection Branches of the Post-Customs Clearance Inspection Department may:

a) Impose caution;

b) Impose a fine up to VND 25,000,000;

c) Confiscate administrative violation material evidences or means of a value up to VND 50,000,000;

d) Apply remedial measures specified in Clause 8, Article 4 of this Decree.”;

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

“c) Confiscate administrative violation material evidences or means;”.

11. To amend and supplement a number of Points and Clauses of Article 32 as follows:

a) To amend and supplement Clause 1 as follows:

“1. Heads of market surveillance teams and heads of professional divisions of the Market Surveillance Professional Department may:

a) Impose caution;

b) Impose a fine up to VND 25,000,000;

c) Confiscate administrative violation material evidences or means of a value up to VND 50,000,000.”;

b) To amend and supplement Clause 2 as follows:

“2. Directors of provincial-level Market Surveillance Departments, and Director of the Market Surveillance Professional Department of the Vietnam Directorate of Market Surveillance may:

a) Impose caution;

b) Impose a fine up to VND 50,000,000;

c) Confiscate administrative violation material evidences or means;

d) Deprive of the right to use certificates of eligibility for provision of technology evaluation or assessment services for a definite term.”.

12. To amend and supplement Point c, Clause 1, Article 33 as follows:

“c) Confiscate administrative violation material evidences or means;”.

13. To amend and supplement a number of Points and Clauses of Article 34 as follows:

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

“c) Confiscate administrative violation material evidences or means of a value up to VND 1,000,000.”;

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

“d) Confiscate administrative violation material evidences or means of a value up to VND 50,000,000;”;

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

“d) Confiscate administrative violation material evidences or means of a value up to VND 70,000,000;”.

Article 4. Amending and supplementing a number of articles of the Government’s Decree No. 107/2013/ND-CP dated September 20, 2013 on sanctioning of administrative violations in atomic energy

1. To add Clause 3, Article 1 as follows:

 “3. Sanctioning of administrative violation for the acts of providing false information about nuclear incidents shall comply with provisions on handling of administrative violations in press and publication.”.

2. To add Article 1a after Article 1 as follows:

“Article 1a. Subjects that may be handled for administrative violations

1. Vietnamese individuals and organizations or foreign individuals and organizations committing administrative violations specified in this Decree in the territory of Vietnam.

2. Business households and households committing administrative violations specified in this Decree shall be sanctioned like individual violators.

3. Organizations that may be handled for administrative violations under this Decree include:

a) Economic organizations established in accordance with Law on Enterprises, including sole proprietorships, joint stock companies, limited liability companies and partnerships;

b) Economic organizations established in accordance with the Cooperative Law, including operatives and unions of cooperatives;

c) Other organizations established in accordance with law provisions.

4. Subjects that may be handled for administrative violations being branches, representative offices, business locations of enterprises shall be determined in accordance with law on handling of administrative violations.”.

3. To add Clause 7, Article 2 as follows:

 “7. For the acts of administrative violation specified in Article 5, Article 6, Article 7, Points a, c, d and dd Clause 2 Article 8, Article 10, Article 13, Article 15 of this Decree, repeatedly committing an administrative violation shall be considered as an aggravating circumstance.

For other acts of administrative violation specified in this Decree, a violator repeatedly commits administrative violations, he/she/it shall be sanctioned for each violation.”.

4. To add Clause 12 after Clause 11, Article 3 as follows:

“12. Forcible recall of goods for destruction.”.

5. To add Article 3a after Article 3 as follows:

 “Article 3a. Execution of decisions on sanctioning administrative violations, execution of remedial measures and enforcement of decisions on sanctioning administrative violations

Execution of decisions on sanctioning administrative violations, execution of remedial measures and enforcement of decisions on sanctioning administrative violations specified in this Decree shall comply with the Law on Handling of Administrative Violations and guiding documents.”.

6. To amend and supplement Clause 2, Article 4 as follows:

“2. Competence of the persons specified in Articles 43, 44, 45, 45a, 45b and 45c of this Decree to sanction administrative violations is the competence over an administrative violation of an individual. In case of imposition of fines, the competence to sanction organizations is twice higher than the competence to sanction individuals.”.

7. To amend and supplement a number of Points and Clauses of Article 6 as follows:

a) To amend and supplement Clause 1 as follows:

“1. A fine ranging from VND 2,000,000 to VND 5,000,000 shall be imposed for one of the following acts:

a) Performing radiation jobs in case the licenses have been expired for at most 30 working days;

b) Failing to implement the procedures for amendment of the licenses to perform radiation jobs as specified.”;

b) To supplement the title of Clause 4 as follows:

“4. A fine ranging from VND 5,000,000 to VND 10,000,000 shall be imposed for one of the following acts without licenses, in case the violations are not serious enough for penal liability examination:”;

c) To add Point e after Point dd, Clause 4 as follows:

“e) Building the radiation facility.”;

d) To supplement the title of Clause 5 as follows:

“5. A fine ranging from VND 10,000,000 to VND 20,000,000 shall be imposed for one of the following acts without licenses, in case the violations are not serious enough for penal liability examination:”;

dd) To supplement the title of Clause 6 as follows:

“6. A fine ranging from VND 20,000,000 to VND 35,000,000 shall be imposed for one of the following acts without licenses, in case the violations are not serious enough for penal liability examination:”;

e) To supplement the title of Clause 7 as follows:

“7. A fine ranging from VND 30,000,000 to VND 50,000,000 shall be imposed for one of the following acts without licenses, in case the violations are not serious enough for penal liability examination:”;

g) To supplement the title of Clause 8 as follows:

“8. A fine ranging from VND 40,000,000 to VND 70,000,000 shall be imposed one of the following acts without licenses, in case the violations are not serious enough for penal liability examination:”.

8. To amend and supplement a number of Points of Clause 2, Article 8 as follows:

a) To amend and supplement Point c as follows:

“c) Failing to equip or inadequately equipping the personal dosemeters for radiological workers;”;

b) To add Point e after Point dd, Clause 2 as follows:

“e) Failing to set up the investigation level as specified.”.

9. To amend and supplement Point c, Clause 1, Article 12 as follows:

“c) Failing to perform the periodic inspection of radiotherapeutic equipment as specified.”.

10. To add Point c, Clause 4, Article 13 as follows:

“c) Failing to equip portable dosimetry devices, fixed dosimetry devices in conformity with the type of radiation jobs as specified.”.

11. To amend and supplement Point a, Clause 1, Article 19 as follows:

“a) Failing to formulate, organize implementation or have a decision on approval for, the plan on response to facility-level incidents, except for acts of violation specified at Point b, Clause 2, Article 17 of this Decree;”.

12. To amend and supplement Point g, Clause 2, Article 27 as follows:

“g) Failing to arrange safety officers, persons in charge of radioactive decontamination; failing to have staff trained in medical physics as specified;”.

13. To amend and supplement Points c and dd, Clause 2, Article 28 as follows:

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

“c) Failing to install locks for gates of the area under security control; failing to install locks for gates of rooms with radioactive sources, source control room, control room of security system; failing to install locks for water treatment tanks for preservation of radioactive sources in industrial irradiation;”;

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

“dd) Failing to obtain a written permission of the head of the facility or an authorized person, failing to make a written handover minutes upon transfer of radioactive sources within the radiation facility; failing to formulate a document defining the responsibilities and powers of the security forces and of each organization and individual relating to assurance of security of radioactive sources as specified;”.

14. To amend and supplement Point d, Clause 2, Article 29 as follows:

“d) Failing to obtain a written permission of the head of the facility or an authorized person, failing to make a written handover minutes upon transfer of radioactive sources within the radiation facility; failing to formulate a document defining the responsibilities and powers of each organization and individual relating to assurance of security of radioactive sources as specified;”.

15. To amend and supplement Point b, Clause 2, Article 30 as follows:

“b) Committing acts of violation specified at Point d, Clause 2, Article 29 of this Decree;”.

16. To amend and supplement Point dd, Clause 2, Article 31 as follows:

“dd) Committing acts of violation specified at Point d, Clause 2, Article 29 of this Decree;”.

17. To amend and supplement a number of Points and Clauses of Article 32 as follows:

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

“e) Committing acts of violation specified at Point d, Clause 2, Article 29 of this Decree.”;

b) To add Point e after Point dd, Clause 3 as follows:

“e) Failing to check and count radioactive sources after every working shift and on a monthly basis; failing to formulate a document defining the responsibilities and powers of each unit and individual relating to assurance of security of radioactive sources as specified.”;

c) To amend and supplement Point c, Clause 5 as follows:

“c) Committing acts of violation specified at Point d, Clause 2, Article 29 of this Decree;”.

18. To amend and supplement Article 33 as follows:

“Article 33. Violations relating to security of radioactive source upon use, storage of radioactive sources of security level D

A fine ranging from VND 3,000,000 to VND 6,000,000 shall be imposed for one of the following acts:

1. Failing to check and count radioactive sources on a quarterly basis, failing to check and count radioactive sources on a weekly basis in case of maintenance, repair or suspension of production lines of devices using radioactive sources installed in such production lines.

2. Failing to formulate document defining the responsibilities and powers of each unit and individual relating to assurance of security of radioactive sources as specified.”.

19. To add Clause 4 after Clause 3, Article 39 as follows:

“4. Remedial measure:

Forcible revocation of the provided service results, for acts of violation specified in Clauses 1 and 2 of this Article.”.

20. To amend and supplement a number of Clauses of Article 40 as follows:

a) To amend and supplement Clause 2 as follows:

“2. A fine ranging from VND 8,000,000 to VND 15,000,000 shall be imposed for one of the following acts by organizations providing atomic energy application services:

a) Providing atomic energy application services without a sufficiency of persons possessing practice certificates as specified;

b) Employing a person not possessing a practice certificate for providing atomic energy application services to provide the services requiring a practice certificate.”;

b) To add Clauses 3 and 4 after Clause 2 as follows:

“3. Additional sanction:

 Deprive of the right to use registration certificates for providing atomic energy application services for a period of between 01 month and 03 months for acts of violation specified at Point a, Clause 2 of this Article.

4. Remedial measure:

Forcible revocation of the provided service results for acts of violation specified in Clause 1 and Point b, Clause 2 of this Article.”.

21. To amend and supplement a number of Clauses of Article 41 as follows:

a) To add Point dd after Point d, Clause 2 as follows:

“dd) Failing to equip or inadequately equipping the personal dosemeters, equipment for protection; failing to assess personal irradiation dose at the prescribed frequency for persons performing services who work in direct contact with radiation as specified.”;

b) To add Point dd after Point d, Clause 3 as follows:

“dd) Failing to maintain physical and technical foundations according to the conditions for grant of the registration certificate for providing atomic energy application services, except for acts of violation sanctioned under this Decree;”;

c) To add Point e after Point dd, Clause 3 as follows:

“e) Repeatedly committing one of violations specified at Points a, b, d and dd, Clause 3 of this Article.”;

d) To amend and supplement Clause 4 as follows:

“4. Additional sanction:

Deprive of the right to use registration certificates for providing atomic energy application services for a period of between 06 and 12 months, for acts of violation specified at Points c and e Clause 3 of this Article.”.

22. To amend and supplement a number of Points and Clauses of Article 43 as follows:

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

“c) Confiscate administrative violation material evidences or means of a value not exceeding VND 1,000,000.”;

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

“d) Confiscate administrative violation material evidences or means of a value not exceeding VND 100,000,000;”;

c) To amend and supplement Point d, Clause 3 as follows:

“d) Confiscate administrative violation material evidences or means of a value not exceeding VND 500,000,000;”.

23. To amend and supplement a number of Points of Clause 1, Article 44 as follows:

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

“b) Impose a fine up to VND 100,000,000;”;

b) To amend and supplement Point d, Clause 1 as follows:

“d) Confiscate administrative violation material evidences or means;”.

24. To amend and supplement Article 45 as follows:

“Article 45. Sanctioning competence of the Public Security Force

1. Policemen who are on duty; Chiefs of commune-level police offices may:

a) Impose caution;

b) Impose a fine up to VND 500,000.

2. Chiefs of commune-level police offices may:

a) Impose caution;

b) Impose a fine up to VND 2,500,000;

c) Confiscate administrative violation material evidences or means of a value not exceeding VND 5,000,000;

d) Apply remedial measures specified in Article 3 of this Decree.

3. Chiefs of district-level police offices; heads of professional divisions of the Police Department for Administrative Management of Social Order; heads of professional divisions of the Department for Cyber Security and Hi-Tech Crime Prevention and Combat; heads of professional divisions of the Immigration Department; heads of divisions of provincial-level of Departments of Public Security, including heads of Police Divisions for Administrative Management of Social Order, heads of Police Divisions for Investigation of Social Order-Related Crimes, heads of Cyber Security and Hi-Tech Crime Prevention and Combat Divisions, heads of Immigration Divisions, heads of Economic Security Divisions and heads of Police Divisions for Environmental Crime Prevention and Combat may:

a) Impose caution;

b) Impose a fine up to VND 25,000,000;

c) Deprive of the right to use licenses or practice certificates for a definite term or suspend operation for a definite term;

d) Confiscate administrative violation material evidences or means of a value not exceeding VND 50,000,000;

dd) Apply remedial measures specified at Points 2, 4 and 5, Article 3 of this Decree.

4. Directors of provincial-level Departments of Public Security may:

a) Impose caution;

b) Impose a fine up to VND 100,000,000;

c) Deprive of the right to use licenses or practice certificates for a definite term or suspend operation for a definite term;

d) Confiscate administrative violation material evidences or means;

dd) Apply remedial measures specified in Clauses 2, 3, 4, 5, 6, 7 and 8 Article 3 of this Decree.

5. The Director of the Internal Political Security Department, Director of the Economic Security Department, Director of the Police Department for Administrative Management of Social Order, Director of the Cyber Security and Hi-Tech Crime Prevention and Combat Department, Director of Police Department for Investigation of Social Order-Related Crimes, Director of the Police Department for Investigation of Corruption, Economic and Smuggling Crimes, Director of the Environmental Crime Prevention and Combat Police Department may:

a) Impose caution;

b) Impose a fine up to VND 1,000,000,000;

c) Deprive of the right to use licenses or practice certificates for a definite term or suspend operation for a definite term;

d) Confiscate administrative violation material evidences or means;

dd) Apply remedial measures specified in Clauses 2, 3, 4, 5, 6, 7 and 8, Article 3 of this Decree.”.

25. To add Article 45a after Article 45 as follows:

“Article 45a. Sanctioning competence of Customs

1. Heads of Customs Branches; heads of Post-Customs Clearance Inspection Branches; heads of customs control teams of provincial, inter-provincial or municipal Customs Departments; heads of Criminal Investigation Teams, heads of Anti-Smuggling Control Teams, chiefs of marine control flotillas, and heads of Control Teams to Combat Smuggling of Counterfeit Goods and Protect Intellectual Property Rights of the Anti-Smuggling Investigation Department; and heads of Post-Customs Clearance Inspection Branches of the Post-Customs Clearance Inspection Department may:

a) Impose caution;

b) Impose a fine up to VND 25,000,000;

c) Confiscate administrative violation material evidences or means of a value not exceeding VND 50,000,000;

d) Apply remedial measures specified in Clauses 2 and 4, Article 3 of this Decree.

2. The Director of the Anti-Smuggling Investigation Department, directors of provincial, inter-provincial and municipal Customs Departments, and Director of the Post-Customs Clearance Inspection Department of the General Department of Vietnam Customs may:

a) Impose caution;

b) Impose a fine up to VND 50,000,000;

c) Deprive of the right to use licenses or practice certificates for a definite term or suspend operation for a definite term;

d) Confiscate administrative violation material evidences or means;

dd) Apply remedial measures specified in Clauses 2 and 4, Article 3 of this Decree.

3. The Director General of the General Department of Vietnam Customs may:

a) Impose caution;

b) Impose a fine up to VND 1,000,000,000;

c) Confiscate administrative violation material evidences or means;

d) Apply remedial measures specified in Clauses 2 and 4, Article 3 of this Decree.”.

26. To add Article 45b after Article 45a as follows:

“Article 45b. Sanctioning competence of Coast Guard force

1. Coast Guard regional commanders, and the Director of the Professional and Legal Department of the High Command of the Vietnam Coast Guard may:

a) Impose caution;

b) Impose a fine up to VND 100,000,000;

c) Deprive of the right to use licenses or practice certificates for a definite term;

d) Confiscate administrative violation material evidences or means;

dd) Apply remedial measures specified in Clauses 2 and 4, Article 3 of this Decree.

2. The Vietnam Coast Guard Commander may:

a) Impose caution;

b) Impose a fine up to VND 1,000,000,000;

c) Deprive of the right to use licenses or practice certificates for a definite term or suspend operation for a definite term;

d) Confiscate administrative violation material evidences or means;

dd) Apply remedial measures specified in Clauses 2 and 4, Article 3 of this Decree.”.

27. To add Article 45c after Article 45b as follows:

“Article 45c. Sanctioning competence of Border Guard force

1. Heads of drug and crime prevention and combat task force regiments of Drug and Crime Prevention and Combat Department under the Border Guard High Command may:

a) Impose caution;

b) Impose a fine up to VND 100,000,000;

c) Confiscate administrative violation material evidences or means of a value not exceeding VND 200,000,000;

d) Apply remedial measures specified in Clauses 2 and 4, Article 3 of this Decree.

2. Commanders of provincial-level border guards; chiefs of border-guard fleets and the Director of the Drug and Crime Prevention and Combat Department under the Border Guard High Command may:

a) Impose caution;

b) Impose a fine up to VND 1,000,000,000;

c) Deprive of the right to use licenses or practice certificates for a definite term or suspend operation for a definite term;

d) Confiscate administrative violation material evidences or means;

dd) Apply the remedial measures specified in Clauses 2 and 4, Article 3 of this Decree.”.

28. To add Article 45d after Article 45c as follows:

“Article 45d. Division of competence to sanction administrative violations

1. Science and technology inspectorate:

a) Inspectors and persons assigned to perform specialized inspection tasks of science and technology who are on duty may sanction the administrative violations specified in Clause 1 Article 5, Clause 1 Article 8, Clause 1 Article 13, Clause 1 Article 27 and Clause 1 Article 42 of this Decree;

b) The chief inspector of the Vietnam Agency for Radiation and Nuclear Safety, Chief inspectors of provincial-level Departments of Science and Technology, Heads of specialized inspection teams of the Vietnam Agency for Radiation and Nuclear Safety, Heads of specialized inspection teams of provincial-level Departments of Science and Technology may sanction the administrative violations specified in Article 5, Clauses 1, 2, 3, 4, 5, 6, 7, 8, 10 and 11 Article 6, Article 7, Article 8, Article 9, Article 10, Article 11, Article 12, Article 13, Clauses 1, 2, 3, 4, 5 and 6 Article 14, Article 15, Article 16, Article 17, Clauses 1, 2, 3, 4 and 6 Article 18, Articles 1, 2, 3 and 5 Article 19, Article 20, Article 21, Clauses 1 and 3 Article 22, Clauses 1, 2, 3 and 5 Article 23, Article 24, Article 27, Article 28, Article 29, Article 30, Article 31, Article 32, Article 33, Article 34, Clauses 1, 2 and 3 Article 35, Clause 1 Article 36, Clause 3 Article 37, Clause 1 Article 38, Article 39, Article 40, Article 41 and Article 42 of this Decree;

c) Heads of specialized inspection teams of the Ministry of Science and Technology may sanction the administrative violations specified in Article 5, Clauses 1, 2, 3, 4, 5, 6, 7, 8, 10 and 11 Article 6, Article 7, Article 8, Article 9, Article 10, Article 11, Article 12, Article 13, Article 14, Article 15, Article 16, Article 17, Article 18, Clauses 1, 2, 3 and 5 Article 19, Article 20, Article 21, Article 22, Article 23, Article 24, Article 25, Clause 1 Article 26, Article 27, Article 28, Article 29, Article 30, Article 31, Article 32, Article 33, Article 34, Clauses 1, 2 and 3 Article 35, Article 36, Clauses 1, 3 and 4 Article 37, Clause 1 Article 38, Article 39, Article 40, Article 41 and Article 42 of this Decree;

d) The Chief Inspector of Ministry of Science and Technology, Director of the Vietnam Agency for Radiation and Nuclear Safety may sanction the administrative violations specified in Chapter II of this Decree.

2. Competence to sanction administrative violations of Chairpersons of People’s Committees at all levels:

a) Chairpersons of district-level People’s Committees may sanction the administrative violations specified at Point b, Clause 2, Article 5; Clauses 1, 2, 3, 4, 5, 6, 7, 8, 10 and 11 Article 6; Article 7; Article 9; Article 34 and Article 42 of this Decree;

b) Chairpersons of provincial-level People’s Committees may sanction the administrative violations specified in Chapter II of this Decree.

3. Sanctioning competence of the People’s Public Security force:

a) Policemen who are on duty may sanction the administrative violations specified in Clause 1, Article 5; Clause 1, Article 8 and Clause 1, Article 42 of this Decree;

b) Chiefs of commune-level police offices may sanction the administrative violations specified Clauses 1 and 2, Article 5; Clause 1, Article 8; Clause 1, Article 20 and Clause 1, Article 42 of this Decree;

c) Chiefs of district-level police offices; heads of professional divisions of the Police Department for Administrative Management of Social Order; heads of professional divisions of the Department for Cyber Security and Hi-Tech Crime Prevention and Combat; heads of professional divisions of the Immigration Department; heads of divisions of provincial-level of Departments of Public Security, including heads of Police Divisions for Administrative Management of Social Order, heads of Police Divisions for Investigation of Social Order-Related Crimes, heads of Cyber Security and Hi-Tech Crime Prevention and Combat Divisions, heads of Immigration Divisions, heads of Economic Security Divisions and heads of Police Divisions for Environmental Crime Prevention and Combat may sanction the administrative violations specified in Clauses 1 and 2 Article 5, Clauses 3, 4, 5 and 11 Article 6, Article 8, Article 9, Clauses 1, 2 and 3 Article 17, Clauses 1 and 6 Article 18, Clause 1 Article 19, Clauses 1 and 2 Articles 20, Article 30, Article 31, Article 32, Article 33, Clauses 1, 2, 3 and 4 Article 34 and Article 42 of this Decree;

d) Directors of provincial-level Public Security Departments may, within their competence, fields and scope under management, sanction the administrative violations relating to atomic energy specified in Article 5, Clauses 1, 2, 3, 4, 5, 6, 7, 8, 10 and 11 Article 6, Article 7, Article 8, Article 9, Article 17, Clauses 1, 2, 3 and 4 Article 18, Clauses 1, 2, 3 and 5 Article 19, Article 20, Article 21, Article 23, Article 28, Article 29, Article 30, Article 31, Article 32, Article 33, Article 34, Clauses 1, 2 and 3 Article 35, Clauses 1 and 2 Article 36, Clause 1 Article 38 and Article 42 of this Decree;

dd) The Director of the Internal Political Security Department, Director of the Economic Security Department, Director of the Police Department for Administrative Management of Social Order, Director of the Cyber Security and Hi-Tech Crime Prevention and Combat Department, Director of Police Department for Investigation of Social Order-Related Crimes, Director of the Police Department for Investigation of Corruption, Economic and Smuggling Crimes, Director of the Environmental Crime Prevention and Combat Police Department may, within their competence, fields and scope under management, sanction the administrative violations relating to atomic energy specified in Article 5, Article 6, Article 7, Article 8, Article 9, Article 17, Article 18, Article 19, Article 20, Article 21, Article 23, Article 28, Article 29, Article 30, Article 31, Article 32, Article 33, Article 34, Article 35, Article 36, Article 38 and Article 42 of this Decree.

4. Sanctioning competence of the Customs:

a) Heads of Customs Branches; heads of Post-Customs Clearance Inspection Branches; heads of customs control teams of provincial, inter-provincial or municipal Customs Departments; heads of Criminal Investigation Teams, heads of Anti-Smuggling Control Teams, chiefs of marine control flotillas, and heads of Control Teams to Combat Smuggling of Counterfeit Goods and Protect Intellectual Property Rights of the Anti-Smuggling Investigation Department; and heads of Post-Customs Clearance Inspection Branches of the Post-Customs Clearance Inspection Department may, within their competence, fields and scope under management, sanction the administrative violations relating to atomic energy regarding customs specified at Point c, Clause 4 and Point a, Clause 11, Article 6; Clauses 2 and 3 Article 9; Clause 1, Point a Clause 2, Clause 3 and Clause 6 Article 18 and Article 42 of this Decree;

b) The Director of the Anti-Smuggling Investigation Department and directors of provincial, inter-provincial and municipal Customs Departments may, within their competence, fields and scope under management, sanction the administrative violations relating to atomic energy regarding customs specified at Point c Clause 4, Point a Clause 7 and Clause 11, Article 6; Clauses 2 and 3, Article 9; Clauses 1, 2, 3, 4 and 6, Article 18 and Article 42 of this Decree;

c) The Director General of the General Department of Vietnam Customs may, within their competence, fields and scope under management, sanction the administrative violations relating to atomic energy regarding customs specified at Point c Clause 4, Point a Clause 7 and Clause 11, Article 6; Clauses 2 and 3, Article 9; Clause 1, Point a Clause 2, Clause 3, Clause 4, Clause 5 and Clause 6 Article 18 and Article 42 of this Decree.

5. Sanctioning competence of Coast Guard force:

a) Coast Guard regional commanders, and the Director of the Professional and Legal Department of the High Command of the Vietnam Coast Guard may, within their competence, fields and scope under management, sanction the administrative violations relating to atomic energy occurring at sea areas under the sovereignty and jurisdiction of Vietnam and specified in Clauses 1, 2, 3, 4, 5, 6, 7, 8, 10 and 11 Article 6, Article 17, Clauses 1, 2, 3 and 4 Article 18, Article 34, Clauses 1, 2 and 3 Article 35, Clause 1 Article 38 and Article 42 of this Decree;

b) Commanders of Regional Coast Guards may, within their competence, fields and scope under management, sanction the administrative violations relating to atomic energy occurring at sea areas under Vietnam’s sovereignty and national jurisdiction specified in Article 6, Article 17, Article 18, Article 34, Article 35, Article 38 and Article 42 of this Decree.

6. Sanctioning competence of Border Guard force:

a) Heads of drug and crime prevention and combat task force regiments of Drug and Crime Prevention and Combat Department under the Border Guard High Command may, within their competence, fields and scope under management, sanction the administrative violations relating to atomic energy occurring at border areas, border gates specified in Clauses 1, 2, 3, 4, 5, 6, 7, 8, 10 and 11 Article 6, Article 17, Clauses 1, 2, 3, 4 and 6 Article 18, Article 34, Clauses 1, 2 and 3 Article 35, Clause 1 Article 38 and Article 42 of this Decree;

b) Commanders of provincial-level border guards; chiefs of border-guard fleets and the Director of the Drug and Crime Prevention and Combat Department under the Border-Guard High Command may, within their competence, fields and scope under management, sanction the administrative violations relating to atomic energy occurring at border areas, border gates and specified in Article 6, Article 17, Article 18, Article 34, Article 35, Article 38 and Article 42 of this Decree.”.

29. To amend and supplement Article 46 as follows:

“Article 46. Competence to make written records of administrative violations

Persons competent to make written records of administrative violations relating to atomic energy include:

1. Persons competent to sanction the administrative violations relating to atomic energy specified in Articles 43, 44, 45, 45a, 45b and 45c of this Decree.

2. Servicemen of the People’s Army or People’s Public Security Force, civil servants and public employees in the agencies specified in Articles 43, 44 and 45a of this Decree who are on duty.”.

Article 5. Annulling a number of provisions of the Government’s Decree No. 99/2013/ND-CP dated August 29, 2013 on sanctioning of administrative violations in industrial property, the Government’s Decree No. 119/2017/ND-CP dated November 01, 2017 on sanctioning of administrative violations in standards, measurement and quality of goods and the Government’s Decree No. 107/2013/ND-CP dated September 20, 2013 on sanctioning of administrative violations in atomic energy

1. To annul Clause 3, Article 5; Point b, Clause 1, Article 7; Point c, Clause 2, Article 32 of Decree No. 99/2013/ND-CP.

2. To annul Point c, Clause 3, Article 3; Point g, Point h Clause 3, Clause 5 Article 19; Clause 3, Article 20; Point a, Point b Clause 1, Article 21; Point b, Clause 3, Article 24; Article 28; Clause 5, Clause 6 Article 31; Point dd, Point g Clause 1, Article 32 of Decree No. 119/2017/ND-CP.

3. To annul Clause 3, Article 2 and Point d, Clause 4, Article 6 of Decree No. 107/2013/ND-CP.

Article 6. Responsibilities for organization of implementation

1. The Ministry of Science and Technology shall assume the prime responsibility for, and coordinate with relevant ministries and sectors in, guiding and organizing the implementation of this Decree.

2. Ministers, heads of ministerial-level agencies, heads of government-attached agencies, Chairpersons of People's Committees of provinces and centrally-run cities shall take responsibility for the implementation of this Decree.

Article 7. Implementation provisions

1. This Decree takes effects on January 01, 2022.

2. Transitional provisions:

a) For acts of administrative violations in industrial property; standards, measurement and quality of goods; scientific and technological activities and technology transfer; atomic energy that have been committed before the effective date of this Decree but are detected or are considered for handling after the effective date of this Decree, if this Decree does not provide for liability or impose lighter liability, this Decree shall prevail;

b) In cases sanctioned individuals and organizations lodge complaints about decisions on sanctioning of administrative violations that have been issued or whose execution has been completed before the date on which this Decree takes effect, the Government’s Decree No. 99/2013/ND-CP dated August 29, 2013 on sanctioning of administrative violations in industrial property, the Government’s Decree No. 119/2017/ND-CP dated November 01, 2017 on sanctioning of administrative violations in standards, measurement and quality of goods, the Government’s Decree No. 51/2019/ND-CP dated June 13, 2019 on sanctioning of administrative violations in scientific and technological activities and technology transfer and the Government’s Decree No. 107/2013/ND-CP dated September 20, 2013, on sanctioning of administrative violations in atomic energy shall apply to handle them.