Decree 98/2020/ND-CP on administrative penalties for violations related to the production and trading of counterfeit goods.

DECREE

REGULATIONS ON PENALTIES FOR ADMINISTRATIVE VIOLATIONS IN COMMERCIAL ACTIVITIES, PRODUCTION, AND TRADING OF COUNTERFEIT AND PROHIBITED GOODS, AND FOR THE PROTECTION OF CONSUMER RIGHTS

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

Based on the Law on Handling Administrative Violations dated June 20, 2012;

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

Based on the Enterprise Law dated November 26, 2014;

Based on the Commercial Law dated June 14, 2005;

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

Based on the Law on Electronic Transactions dated June 29, 2005;

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

Based on the Law on Prevention and Control of Tobacco Harm dated June 18, 2012;

Based on the Law on Prevention and Control of Harmful Effects of Alcohol and Beer dated June 14, 2019;

Based on the Law on Pharmaceuticals dated April 6, 2016;

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

As requested by the Minister of Industry and Trade;

The government has issued a Decree stipulating penalties for administrative violations in commercial activities, production, trading of counterfeit and prohibited goods, and protection of consumer rights.

Chapter I

GENERAL RULES

Article 1. Scope

1. This Decree regulates administrative violations, forms of penalties, penalty levels, remedial measures, authority to draw up administrative violation reports, and authority to impose penalties for administrative violations in commercial activities, production, trading of counterfeit and prohibited goods, and consumer protection.

2. Administrative violations in commercial activities, production, trading of counterfeit and prohibited goods, and protection of consumer rights stipulated in this Decree include:

a) Violations of business regulations as stipulated in the business license, except for cases already prescribed in decrees on administrative sanctions in other areas of state management;

b) Engaging in business activities in sectors prohibited from investment and business; producing and trading counterfeit or prohibited goods;

c) Business activities involving smuggled goods; goods in circulation within the country subject to emergency measures; goods past their expiration date, of unknown origin or provenance, and other violations;

d) Violations related to the tobacco business;

d) Violations related to the sale of alcoholic beverages;

e) Commodity speculation and hoarding;

g) Violations related to trade promotion activities;

h) Violations related to the export and import of goods and services related to the export and import of goods;

i) Violations of consumer rights protection;

k) Violations related to e-commerce;

l) Violations concerning the establishment and operation of commercial activities by foreign traders and foreigners in Vietnam;

m) Other violations in commercial activities.

3. Other administrative violations in commercial activities related to the business of petroleum products and liquefied petroleum gas; prices and price listing of goods and services; documents and invoices for the purchase and sale of goods and services; measurement, standards, and quality of goods circulating and traded in the market; product labels; intellectual property; business registration procedures; signs; commercial advertising; auctioning of goods; bidding for goods and services; buying and selling, and exchanging goods by border residents; and other violations shall be subject to the regulations on administrative penalties in the relevant areas of state management.

4. For acts of commodity speculation, hoarding, bidding for goods and services, and franchising that show signs of anti-competitive behavior as stipulated in the law on competition, the regulations on investigation and handling of violations of competition law shall apply.

5. For violations related to exported, imported, and transit goods, as well as outgoing, incoming, and transit transport vehicles, detected by customs authorities within their operational area, the provisions of the Government Decree on administrative sanctions in the field of customs shall apply. If the Government Decree on administrative sanctions in the field of customs does not specify such violations, the provisions of this Decree shall apply.

Article 2. Subjects liable to administrative penalties

1. Vietnamese individuals or organizations, or foreign individuals or organizations, who commit administrative violations as stipulated in this Decree within the territory of Vietnam.

2. Household businesses established in accordance with the law; households engaged in agricultural, forestry, and fishery production, salt production; and street vendors, small traders, itinerant traders, and low-income service providers who are not required to register their businesses according to the law, and who violate the provisions of this Decree, shall be subject to penalties as if they were individuals.

3. The organizations stipulated in Clause 1 of this Article include:

a) Enterprises established and operating in accordance with the Law on Enterprises; cooperatives and cooperative unions established in accordance with the Law on Cooperatives; other economic organizations established and operating in accordance with the law and affiliated units of the aforementioned economic organizations;

b) Representative offices and branches of foreign traders in Vietnam; representative offices of foreign trade promotion organizations in Vietnam;

c) Other organizations established in accordance with the law.

Article 3. Explain words

According to this Decree, the following terms are understood as follows:

1. "Production" is the performance of one, several, or all of the manufacturing, typesetting, printing, processing, ordering, preliminary processing, processing, extraction, recycling, assembly, blending, dividing, transferring, filling, packaging, and other activities that produce goods.

2. "Trading" refers to the performance of one, several, or all of the activities of offering for sale, displaying for sale, storing, preserving, transporting, wholesaling, retailing, exporting, importing, and other activities that put goods into circulation.

3. "Goods in circulation on the market" includes goods that are displayed, promoted, stored, transported, and kept during the buying and selling process.

4. “Business license” includes licenses, certificates of eligibility, professional liability insurance certificates, confirmation documents, and other forms of documents specifying the conditions that individuals and organizations must meet to carry out investment and business activities, issued by state agencies or competent authorities to those individuals and organizations in accordance with the law.

5. "Prohibited goods" include goods prohibited from being traded, goods prohibited from circulation, and goods prohibited from being used in Vietnam.

6. "Smuggled goods" include:

a) Imported goods that are on the list of goods prohibited from import or temporarily suspended from import according to the law, except in cases where the Prime Minister decides to permit import;

b) Goods imported under license but without an import license, or goods imported under conditional terms but not meeting the conditions stipulated by law;

c) Imported goods that do not pass through designated border gates, do not undergo customs procedures as prescribed by law, or involve fraudulent declarations of quantity or type of goods during customs procedures;

d) Imported goods circulating in the market without invoices or supporting documents as required by law, or with invoices or supporting documents that are illegal according to the law on invoice management;

d) Imported goods that, according to the law, are required to have import stamps affixed but do not have stamps affixed as required by law, or have stamps affixed but they are counterfeit or used stamps.

7. "Counterfeit goods" include:

a) Goods whose use value or function does not correspond to their natural origin or nature, or whose name does not correspond to the declared or registered use value or function; goods that have no use value or function, or whose use value or function does not correspond to the declared or registered use value or function;

b) Goods where at least one of the basic quality indicators or technical characteristics or quantitative values ​​of the main substance that constitute the use value or function of the goods is only 70% or less of the minimum level stipulated in the registered, published, or stated technical regulations or quality standards on the label or packaging of the goods;

c) Counterfeit drugs as defined in Clause 33, Article 2 of the 2016 Law on Pharmaceuticals and counterfeit medicinal materials as defined in Clause 34, Article 2 of the 2016 Law on Pharmaceuticals;

d) Veterinary drugs and plant protection products that lack active ingredients; do not contain all the registered active ingredients; contain active ingredients different from those stated on the label or packaging; or have at least one active ingredient content that is 70% or less of the minimum level specified in the registered and published technical regulations or quality standards;

d) Goods bearing labels or packaging that falsely indicate the name or address of the organization or individual producing, importing, or distributing the goods; falsely indicate the registration number, declaration number, or barcode of the goods; or falsely indicate the packaging of goods belonging to another organization or individual; or falsely indicate the origin or place of production, packaging, or assembly of the goods;

e) Counterfeit labels, tags, and packaging for goods.

8. "Counterfeit labels, packaging, and product packaging" includes decals, product labels, product packaging, quality stamps, quality marks, traceability stamps, warranty cards, shrink wrap, or other items of business organizations or individuals that falsely indicate the name and address of other organizations or individuals; or falsely indicate the trade name, product name, barcode, registration number, or declaration number of goods or packaging of other organizations or individuals.

9. “Evidence” includes objects, money, documents, finished or unfinished goods directly related to the administrative violation.

10. “Means of violation” include vehicles, tools, and machinery used to commit administrative violations.

11. “Consumer’s personal information” refers to information relating to an individual consumer that has been protected by the consumer or other related organizations or individuals through security measures, and whose disclosure or use without their consent would adversely affect the consumer’s health, life, property, or cause other material or psychological harm.

12. “Third parties in the provision of information about goods and services to consumers” are organizations and individuals requested by the business of goods and services to provide information about those goods and services, including:

a) Organizations and individuals engaged in business activities that provide information services about goods and services to consumers;

b) Organizations and individuals engaged in business activities participate in the creation of information about goods and services;

c) Media owners, media service providers;

d) Other organizations or individuals requested to provide information.

13. "Goods of unknown origin" refers to goods circulating in the market for which there is no basis to determine the place of production or origin. The basis for determining the place of production or origin of goods includes information displayed on the product label, packaging, accompanying documents; certificates of origin, contracts, sales invoices, customs declarations, and other documents proving legal ownership of the goods and civil transactions between the organization or individual producing the goods and related parties as stipulated by law.

Article 4. Regulations on forms of administrative sanctions and measures to remedy consequences.

1. Main forms of penalties:

a) Warning;

b) Fine.

2. Additional forms of punishment:

a) Revocation of the license or professional certificate for a period of 01 to 24 months, or suspension of operations for a period of 01 to 24 months;

b) Confiscation of evidence of administrative violations and means used to commit administrative violations (hereinafter collectively referred to as confiscation of evidence and means of violation).

3. Remedial measures:

a) To compel the removal from the territory of the Socialist Republic of Vietnam or the re-export of goods, items, and means of transport;

b) Mandating the destruction of goods and items harmful to human health, livestock, plants, and the environment, as well as cultural products with harmful content;

c) To compel the correction of false or misleading information;

d) To require the removal of infringing elements from labels, packaging of goods, business equipment, and items;

d) Mandating the recall of products and goods that do not meet quality standards;

e) To compel the return of any illegal profits obtained from committing administrative violations, or to compel the return of an amount equal to the value of confiscated goods and means of violation that have been consumed, disposed of, or destroyed in violation of the law;

g) Mandating the recall of defective goods;

h) To cancel the results of a draw that has already been held and organize a new draw for promotional programs involving chance;

i) To compel the amendment of a concluded contract or to compel the amendment of a standard contract or general terms and conditions of transaction in accordance with regulations;

k) To compel the revocation of the “.vn” domain name of an e-commerce website or to compel the removal of the mobile application from app stores or from the addresses provided.

4. Fine amount:

a) The maximum fine in the field of commerce and consumer protection is VND 100.000.000 for individuals and VND 200.000.000 for organizations; the maximum fine in the field of manufacturing and trading counterfeit and prohibited goods is VND 200.000.000 for individuals and VND 400.000.000 for organizations;

b) The fines stipulated in Chapter II of this Decree are the fines applicable to administrative violations committed by individuals, except for the administrative violations specified in point p, clause 2, Article 33; clause 2, Article 34; point b, clause 4, Article 35; Article 68; Article 70; clauses 6, 7, 8, and 9, Article 73; and clauses 6, 7, and 8, Article 77 of this Decree. In cases where the administrative violation is committed by an organization, the fine shall be twice the amount stipulated for individuals.

Article 5. Determining the value of seized items and means used in administrative violations as a basis for determining the fine range and the authority to impose penalties.

1. The determination of the value of seized items and means used in administrative violations as stipulated in this Decree shall be based on one of the criteria in the order of priority specified in points a, b, and c of Clause 2, Article 60 of the Law on Handling Administrative Violations.

2. For confiscated goods that are counterfeit as stipulated in points a, b, c, d, e, and f of Clause 7, Article 3 of this Decree, the value of the confiscated goods shall be the market price of genuine goods or goods with the same features, technical specifications, and uses at the time and place where the administrative violation is detected, as prescribed in point d, Clause 2, Article 60 of the Law on Handling Administrative Violations. If the price cannot be determined as above, the value shall be determined according to the provisions of Clause 1 of this Article.

3. If the grounds stipulated in Clauses 1 and 2 of this Article cannot be applied, the competent authority handling the case may issue a decision to temporarily seize the infringing items and establish a Valuation Council in accordance with Clause 3 of Article 60 of the Law on Handling Administrative Violations.

Chapter II

ADMINISTRATIVE VIOLATIONS, FORMS OF PENALTY, PENALTY LEVELS, AND REMEDIAL MEASURES

Section 1. VIOLATIONS REGARDING BUSINESS ACTIVITIES UNDER THE BUSINESS LICENSE

Article 6. Violations of business regulations as stipulated in the business license.

1. A fine of between VND 3.000.000 and VND 5.000.000 shall be imposed on one of the following acts of violation:

a) Adding, erasing, or altering the content recorded in the business license;

b) Leasing, lending, pledging, mortgaging, selling, or transferring business licenses;

c) Renting, borrowing, accepting as collateral, accepting as security, purchasing, or receiving the transfer of business licenses.

2. A fine of VND 5.000.000 to VND 10.000.000 shall be imposed for conducting business outside the scope, target, scale, duration, geographical area, location, or goods specified in the issued business license.

3. A fine of between VND 10.000.000 and VND 15.000.000 shall be imposed on one of the following acts of violation:

a) Engaging in the business of goods and services in sectors subject to conditional investment and business regulations without a business license as required by law;

b) Engaging in the business of goods and services in sectors subject to conditional investment and business activities when the issued business license has expired;

c) Engaging in the business of goods and services within conditional investment and business sectors but failing to meet the prescribed investment and business conditions during the course of business operations;

d) Using another trader's business license to conduct business.

4. A fine of VND 15.000.000 to VND 20.000.000 shall be imposed for continuing business operations during a period when the business license has been suspended, revoked, or withdrawn by a competent state management agency.

5. Double the fines stipulated in Clauses 1 to 4 of this Article shall be imposed on entities engaged in industrial alcohol production; processing and trading of tobacco raw materials; manufacturing tobacco products; and trading, distributing, and wholesaling alcohol or tobacco products that commit administrative violations.

6. Additional sanctioning forms:

a) Confiscate the items in violation of the provisions of point a, clause 1 of this Article;

b) Revocation of business license for a period of 1 to 3 months for violations of the regulations specified in point b, clause 01, clause 2, and point c, clause 03 of this Article in cases of multiple violations or repeat offenses.

7. Remedies:

The offender shall be compelled to return any illegal profits obtained from committing acts violating the provisions of point b, clause 1, clauses 2, 3, and 4 of this Article.

Section 2. PROHIBITED BUSINESS PRACTICES, PRODUCTION AND TRADING OF COUNTERFEIT AND PROHIBITED GOODS

Article 7. Business activities involving services included in the list of prohibited investment and business sectors.

1. A fine of VND 60.000.000 to VND 80.000.000 shall be imposed for the act of conducting business in services included in the list of prohibited investment and business sectors.

2. Additional sanctioning forms:

Confiscation of evidence and means used in the violation of the provisions of Clause 1 of this Article.

3. Remedies:

The offender shall be compelled to return any illegal profits obtained from committing the violation stipulated in Clause 1 of this Article.

Article 8. Acts of producing, trading, transporting, storing, and receiving prohibited goods.

1. A fine of between VND 1.000.000 and VND 3.000.000 shall be imposed for any of the following violations:

a) Trading in plant protection products that the State prohibits from being traded, circulated, or used, in quantities less than 5 kilograms or less than 5 liters;

b) Trading in smuggled cigarettes in quantities under 50 packs (1 pack = 20 cigarettes; for smuggled cigars and other finished tobacco products, 20g = 1 pack);

c) Trading in firecrackers weighing less than 0,5 kilograms;

d) Trading in other goods that the State prohibits from being traded, circulated, or used, with a value of less than 3.000.000 VND or generating illicit profits of less than 1.500.000 VND.

2. A fine of between VND 3.000.000 and VND 5.000.000 shall be imposed for any of the following violations:

a) Trading in plant protection products that the State prohibits from being traded, circulated, or used, in quantities from 5 kilograms to less than 10 kilograms or from 5 liters to less than 10 liters;

b) Trading in smuggled cigarettes in quantities from 50 packs to less than 100 packs;

c) Trading in firecrackers weighing from 0,5 kilograms to less than 1 kilograms;

d) Trading in other goods that the State prohibits from being traded, circulated, or used, with a value ranging from VND 3.000.000 to less than VND 5.000.000, or generating illicit profits ranging from VND 1.500.000 to less than VND 2.500.000.

3. A fine of between VND 5.000.000 and VND 10.000.000 shall be imposed for any of the following violations:

a) Trading in plant protection products that the State prohibits from being traded, circulated, or used, in quantities from 10 kilograms to less than 15 kilograms or from 10 liters to less than 15 liters;

b) Trading in smuggled cigarettes in quantities from 100 packs to less than 300 packs;

c) Trading in firecrackers weighing from 1 kilograms to less than 2 kilograms;

d) Trading in other goods that the State prohibits from being traded, circulated, or used, with a value ranging from VND 5.000.000 to less than VND 10.000.000, or generating illicit profits ranging from VND 2.500.000 to less than VND 5.000.000.

4. A fine of between VND 10.000.000 and VND 30.000.000 shall be imposed for any of the following violations:

a) Trading in plant protection products that the State prohibits from being traded, circulated, or used, in quantities from 15 kilograms to less than 20 kilograms or from 15 liters to less than 20 liters;

b) Trading in smuggled cigarettes in quantities from 300 packs to less than 500 packs;

c) Trading in firecrackers weighing from 2 kilograms to less than 3 kilograms;

d) Trading in other goods that the State prohibits from being traded, circulated, or used, with a value ranging from VND 10.000.000 to less than VND 30.000.000, or generating illicit profits ranging from VND 5.000.000 to less than VND 15.000.000.

5. A fine of between VND 30.000.000 and VND 50.000.000 shall be imposed for any of the following violations:

a) Trading in plant protection products that the State prohibits from being traded, circulated, or used, in quantities from 20 kilograms to less than 30 kilograms or from 20 liters to less than 30 liters;

b) Trading in smuggled cigarettes in quantities from 500 packs to less than 1.000 packs;

c) Trading in firecrackers weighing from 3 kilograms to less than 4 kilograms;

d) Trading in other goods that the State prohibits from being traded, circulated, or used, with a value ranging from VND 30.000.000 to less than VND 50.000.000, or generating illicit profits ranging from VND 15.000.000 to less than VND 25.000.000.

6. A fine of between VND 50.000.000 and VND 70.000.000 shall be imposed for any of the following violations:

a) Trading in plant protection products that the State prohibits from being traded, circulated, or used, in quantities from 30 kilograms to less than 40 kilograms or from 30 liters to less than 40 liters;

b) Trading in smuggled cigarettes in quantities from 1.000 packs to less than 1.200 packs;

c) Trading in firecrackers weighing from 4 kilograms to less than 5 kilograms;

d) Trading in other goods that the State prohibits from being traded, circulated, or used, with a value ranging from VND 50.000.000 to less than VND 70.000.000, or generating illicit profits ranging from VND 25.000.000 to less than VND 35.000.000.

7. A fine of between VND 70.000.000 and VND 90.000.000 shall be imposed for any of the following violations:

a) Trading in plant protection products that the State prohibits from being traded, circulated, or used, in quantities from 40 kilograms to less than 50 kilograms or from 40 liters to less than 50 liters;

b) Trading in smuggled cigarettes in quantities from 1.200 packs to less than 1.500 packs;

c) Trading in firecrackers weighing from 5 kilograms to less than 6 kilograms;

d) Trading in other goods that the State prohibits from being traded, circulated, or used, with a value ranging from VND 70.000.000 to less than VND 100.000.000, or generating illicit profits ranging from VND 35.000.000 to less than VND 50.000.000.

8. A fine of between VND 90.000.000 and VND 100.000.000 shall be imposed for any of the following violations in cases where criminal liability is not pursued:

a) Trading in plant protection products that the State prohibits from being traded, circulated, or used, in quantities of 50 kilograms or more, or 50 liters or more;

b) Trading in smuggled cigarettes in quantities of 1.500 packs or more;

c) Trading in firecrackers weighing 6 kilograms or more;

d) Trading in other goods that the State prohibits from being traded, circulated, or used, with a value of VND 100.000.000 or more, or obtaining illicit profits of VND 50.000.000 or more.

9. Double the fines stipulated in Clauses 1 to 8 of this Article for the production of prohibited goods as prescribed in Clauses 1 to 8 of this Article.

10. The fines stipulated in Clauses 1 to 8 of this Article shall also apply to administrative penalties for violations of:

a) The act of transporting prohibited goods;

b) The act of possessing prohibited goods;

c) The act of receiving or delivering prohibited goods.

11. Additional sanctioning forms:

a) Confiscation of evidence related to violations of the provisions of this Article, except in cases where remedial measures as prescribed in point a, clause 12 of this Article are applied;

b) Confiscation of equipment, tools, and machinery used to produce prohibited goods for violations of the provisions of Clause 9 of this Article;

c) Confiscation of the means of transport used to transport prohibited goods for violations of the provisions of this Article in cases where the quantity, weight, value, or illicit profit of the prohibited goods is specified in Clauses 6, 7, and 8 of this Article, or in cases of multiple violations or recidivism;

d) Revocation of the license or professional certificate for a period of 01 to 03 months for violations of the regulations in this Article in cases of multiple violations or repeat offenses, except as stipulated in point d of this clause;

d) Revocation of the license or professional certificate for a period of 03 to 06 months for violations of the regulations specified in Clause 9 of this Article.

12. Remedies:

a) Mandatory destruction of confiscated goods and items that are harmful to human health, livestock, plants, and the environment, as well as cultural products with harmful content, in violation of the provisions of this Article;

b) To compel the return of any illegal profits obtained from committing acts that violate the provisions of this Article.

13. For acts of producing or trading goods that are not permitted for circulation or use in Vietnam, the provisions of the Government's decrees on administrative sanctions in related fields shall be applied to impose administrative penalties.

Article 9. Acts of trading in counterfeit goods in terms of usability and function.

1. For acts of trading in counterfeit goods with regard to their usability and function as stipulated in points a, b, c, and d of Clause 7, Article 3 of this Decree, the fines are as follows:

a) A fine of VND 1.000.000 to VND 3.000.000 shall be imposed in cases where the quantity of counterfeit goods is equivalent to the quantity of genuine goods with a value of less than VND 3.000.000 or the illegal profit is less than VND 5.000.000;

b) A fine of VND 3.000.000 to VND 5.000.000 shall be imposed in cases where counterfeit goods are equivalent in quantity to genuine goods with a value ranging from VND 3.000.000 to less than VND 5.000.000, or where illegal profits range from VND 5.000.000 to less than VND 10.000.000;

c) A fine of VND 5.000.000 to VND 10.000.000 shall be imposed in cases where the quantity of counterfeit goods is equivalent to the quantity of genuine goods with a value ranging from VND 5.000.000 to less than VND 10.000.000, or the illegal profit ranges from VND 10.000.000 to less than VND 20.000.000;

d) A fine of VND 10.000.000 to VND 30.000.000 shall be imposed in cases where the quantity of counterfeit goods is equivalent to the quantity of genuine goods with a value ranging from VND 10.000.000 to less than VND 20.000.000, or the illegal profit ranges from VND 20.000.000 to less than VND 30.000.000;

d) A fine of VND 30.000.000 to VND 50.000.000 shall be imposed in cases where the quantity of counterfeit goods is equivalent to the quantity of genuine goods with a value ranging from VND 20.000.000 to less than VND 30.000.000, or the illegal profit ranges from VND 30.000.000 to less than VND 50.000.000;

e) A fine of VND 50.000.000 to VND 70.000.000 shall be imposed in cases where counterfeit goods are equivalent in quantity to genuine goods with a value of VND 30.000.000 or more, or where illegal profits of VND 50.000.000 or more are obtained without criminal prosecution.

2. Double the fines stipulated in Clause 1 of this Article shall be imposed for the act of importing counterfeit goods or goods that fall under any of the following cases:

a) Food, food additives, food processing aids, food preservatives, medicines, and pharmaceutical raw materials that are not subject to criminal prosecution;

b) This includes animal feed, aquatic feed, aquaculture environmental treatment products, livestock waste treatment products, fertilizers, veterinary drugs, pesticides, plant seeds, and animal breeds;

c) Cosmetics, medical equipment, detergents, chemicals, insecticides, disinfectants used in the household and medical fields, cement, construction steel, and helmets.

3. Additional sanctioning forms:

a) Confiscation of evidence related to violations of the provisions of this Article, except in cases where remedial measures as prescribed in point a or point b of Clause 4 of this Article are applied;

b) Revocation of the license or professional certificate for a period of 06 to 12 months for violations of the regulations in this Article in cases of multiple violations or repeat offenses.

4. Remedies:

a) Mandatory destruction of confiscated items for violations of the provisions of this Article, except in cases where remedial measures as prescribed in point b of this clause are applied;

b) To compel the removal from the territory of the Socialist Republic of Vietnam or re-export of counterfeit goods in the case of importing counterfeit goods as stipulated in this Article;

c) To compel the return of any illegal profits obtained from committing acts that violate the provisions of this Article.

Article 10. Acts of producing counterfeit goods in terms of usability and function.

1. For the act of producing counterfeit goods in terms of usability and function as stipulated in points a, b, c, and d of Clause 7, Article 3 of this Decree, the fines are as follows:

a) A fine of VND 5.000.000 to VND 10.000.000 shall be imposed in cases where the quantity of counterfeit goods is equivalent to the quantity of genuine goods with a value of less than VND 3.000.000 or the illegal profit is less than VND 5.000.000;

b) A fine of VND 10.000.000 to VND 20.000.000 shall be imposed in cases where counterfeit goods are equivalent in quantity to genuine goods with a value ranging from VND 3.000.000 to less than VND 5.000.000, or where illegal profits range from VND 5.000.000 to less than VND 10.000.000;

c) A fine of VND 20.000.000 to VND 30.000.000 shall be imposed in cases where the quantity of counterfeit goods is equivalent to the quantity of genuine goods with a value ranging from VND 5.000.000 to less than VND 10.000.000, or the illegal profit ranges from VND 10.000.000 to less than VND 20.000.000;

d) A fine of VND 30.000.000 to VND 50.000.000 shall be imposed in cases where the quantity of counterfeit goods is equivalent to the quantity of genuine goods with a value ranging from VND 10.000.000 to less than VND 20.000.000, or the illegal profit ranges from VND 20.000.000 to less than VND 30.000.000;

d) A fine of VND 50.000.000 to VND 70.000.000 shall be imposed in cases where the quantity of counterfeit goods is equivalent to the quantity of genuine goods with a value ranging from VND 20.000.000 to less than VND 30.000.000, or the illegal profit ranges from VND 30.000.000 to less than VND 50.000.000;

e) A fine of VND 70.000.000 to VND 100.000.000 shall be imposed in cases where counterfeit goods are equivalent in quantity to genuine goods with a value of VND 30.000.000 or more, or where illegal profits of VND 50.000.000 or more are obtained without criminal prosecution.

2. Double the fines stipulated in Clause 1 of this Article shall be imposed for any of the following cases of counterfeit goods:

a) Food, food additives, food processing aids, food preservatives, medicines, and pharmaceutical raw materials that are not subject to criminal prosecution;

b) This includes animal feed, aquatic feed, aquaculture environmental treatment products, livestock waste treatment products, fertilizers, veterinary drugs, pesticides, plant seeds, and animal breeds;

c) Cosmetics, medical equipment, detergents, chemicals, insecticides, disinfectants used in the household and medical fields, cement, construction steel, and helmets.

3. Additional sanctioning forms:

a) Confiscation of infringing items for acts violating the provisions of this Article, except in cases where remedial measures as prescribed in point a, clause 4 of this Article are applied;

b) Confiscation of the means, tools, and machinery used to produce counterfeit goods in violation of the provisions of this Article;

c) Revocation of the license or professional certificate for a period of 12 to 24 months for violations of the regulations in this Article in cases of multiple violations or repeat offenses;

d) Suspend part or all of the violating production activities for a period of 12 to 24 months for violations of the regulations in this Article in cases of multiple violations or repeat offenses.

4. Remedies:

a) Mandatory destruction of evidence related to violations of the provisions of this Article;

b) To compel the return of any illegal profits obtained from committing acts that violate the provisions of this Article.

Article 11. Acts of trading in counterfeit goods, including those with fake labels and packaging.

1. For the act of trading in counterfeit goods with fake labels and packaging as stipulated in point d, clause 7, Article 3 of this Decree, the fines are as follows:

a) A fine of VND 1.000.000 to VND 3.000.000 shall be imposed in cases where the quantity of counterfeit goods is equivalent to the quantity of genuine goods with a value of less than VND 3.000.000 or the illegal profit is less than VND 5.000.000;

b) A fine of VND 3.000.000 to VND 5.000.000 shall be imposed in cases where counterfeit goods are equivalent in quantity to genuine goods with a value ranging from VND 3.000.000 to less than VND 5.000.000, or where illegal profits range from VND 5.000.000 to less than VND 10.000.000;

c) A fine of VND 5.000.000 to VND 10.000.000 shall be imposed in cases where the quantity of counterfeit goods is equivalent to the quantity of genuine goods with a value ranging from VND 5.000.000 to less than VND 10.000.000, or the illegal profit ranges from VND 10.000.000 to less than VND 20.000.000;

d) A fine of VND 10.000.000 to VND 20.000.000 shall be imposed in cases where the quantity of counterfeit goods is equivalent to the quantity of genuine goods with a value ranging from VND 10.000.000 to less than VND 20.000.000, or the illegal profit ranges from VND 20.000.000 to less than VND 30.000.000;

d) A fine of VND 20.000.000 to VND 30.000.000 shall be imposed in cases where the quantity of counterfeit goods is equivalent to the quantity of genuine goods with a value ranging from VND 20.000.000 to less than VND 30.000.000, or the illegal profit ranges from VND 30.000.000 to less than VND 50.000.000;

e) A fine of VND 30.000.000 to VND 50.000.000 shall be imposed in cases where counterfeit goods are equivalent in quantity to genuine goods with a value of VND 30.000.000 or more, or where illegal profits of VND 50.000.000 or more are obtained without criminal prosecution.

2. Double the fines stipulated in Clause 1 of this Article shall be imposed for the act of importing counterfeit goods or goods that fall under any of the following cases:

a) Food, food additives, food preservatives, food processing aids, medicines, and pharmaceutical raw materials that are not subject to criminal prosecution;

b) This includes animal feed, aquatic feed, products for treating the aquaculture environment, products for treating livestock waste, fertilizers, veterinary drugs, pesticides, plant seeds, and animal breeds;

c) Cosmetics, medical equipment, detergents, chemicals, insecticides, disinfectants used in the household and medical fields, cement, construction steel, and helmets.

3. Additional sanctioning forms:

a) Confiscation of infringing items for acts violating the provisions of this Article, except in cases where remedial measures as prescribed in point a or point b of Clause 4 of this Article are applied;

b) Revocation of the license or professional certificate for a period of 01 to 03 months for violations of the regulations in this Article in cases of multiple violations or repeat offenses.

4. Remedies:

a) To compel the removal of infringing elements from the labels and packaging of counterfeit goods, or to compel the destruction of counterfeit goods, for violations of the provisions of this Article, except in cases where remedial measures as prescribed in point b of this clause are applied;

b) To compel the removal from the territory of the Socialist Republic of Vietnam or re-export of counterfeit goods in the case of importing counterfeit goods as stipulated in this Article;

c) To compel the return of any illegal profits obtained from committing acts that violate the provisions of this Article.

Article 12. Acts of producing counterfeit goods, including counterfeit labels and packaging.

1. For the act of producing counterfeit goods with fake labels and packaging as stipulated in point d, clause 7, Article 3 of this Decree, the fines are as follows:

a) A fine of VND 2.000.000 to VND 5.000.000 shall be imposed in cases where the quantity of counterfeit goods is equivalent to the quantity of genuine goods with a value of less than VND 3.000.000 or the illegal profit is less than VND 5.000.000;

b) A fine of VND 5.000.000 to VND 8.000.000 shall be imposed in cases where the quantity of counterfeit goods is equivalent to the quantity of genuine goods with a value ranging from VND 3.000.000 to less than VND 5.000.000, or the illegal profit ranges from VND 5.000.000 to less than VND 10.000.000;

c) A fine of VND 8.000.000 to VND 15.000.000 shall be imposed in cases where the quantity of counterfeit goods is equivalent to the quantity of genuine goods with a value ranging from VND 5.000.000 to less than VND 10.000.000, or the illegal profit ranges from VND 10.000.000 to less than VND 20.000.000;

d) A fine of VND 15.000.000 to VND 25.000.000 shall be imposed in cases where the quantity of counterfeit goods is equivalent to the quantity of genuine goods with a value ranging from VND 10.000.000 to less than VND 20.000.000, or the illegal profit ranges from VND 20.000.000 to less than VND 30.000.000;

d) A fine of VND 25.000.000 to VND 40.000.000 shall be imposed in cases where the quantity of counterfeit goods is equivalent to the quantity of genuine goods with a value ranging from VND 20.000.000 to less than VND 30.000.000, or the illegal profit ranges from VND 30.000.000 to less than VND 50.000.000;

e) A fine of VND 40.000.000 to VND 50.000.000 shall be imposed in cases where counterfeit goods are equivalent in quantity to genuine goods with a value of VND 30.000.000 or more, or where illegal profits of VND 50.000.000 or more are obtained without criminal prosecution.

2. Double the fines stipulated in Clause 1 of this Article shall be imposed for any of the following cases of counterfeit goods:

a) Food, food additives, food preservatives, food processing aids, medicines, and pharmaceutical raw materials that are not subject to criminal prosecution;

b) This includes animal feed, aquatic feed, aquaculture environmental treatment products, livestock waste treatment products, fertilizers, veterinary drugs, pesticides, plant seeds, and animal breeds;

c) Cosmetics, medical equipment, detergents, chemicals, insecticides, disinfectants used in the household and medical fields, cement, construction steel, and helmets.

3. Additional sanctioning forms:

a) Confiscation of infringing items for acts violating the provisions of this Article, except in cases where remedial measures as prescribed in point a, clause 4 of this Article are applied;

b) Confiscation of the means, tools, and machinery used to produce counterfeit goods in violation of the provisions of this Article;

c) Revocation of the license or professional certificate for a period of 03 to 06 months for violations of the regulations in this Article in cases of multiple violations or repeat offenses;

d) Suspend part or all of the violating production activities for a period of 03 to 06 months for violations of the regulations in this Article.

4. Remedies:

a) To compel the removal of infringing elements from the labels and packaging of counterfeit goods, or to compel the destruction of counterfeit goods, in violation of the provisions of this Article;

b) To compel the return of any illegal profits obtained from committing acts that violate the provisions of this Article.

Article 13. The act of trading in counterfeit stamps, labels, and packaging materials.

1. For the act of trading in counterfeit stamps, labels, and packaging materials as stipulated in point e, clause 7, Article 3 of this Decree, the fines are as follows:

a) A fine of VND 300.000 to VND 500.000 shall be imposed in cases where the quantity of counterfeit stamps, labels, or packaging is less than 100 pieces, sheets, or equivalent units (hereinafter referred to as units);

b) A fine of VND 500.000 to VND 1.000.000 shall be imposed in cases where counterfeit stamps, labels, or packaging materials number from 100 units to less than 500 units;

c) A fine of VND 1.000.000 to VND 3.000.000 shall be imposed in cases where counterfeit stamps, labels, or packaging materials amount to between 500 and less than 1.000 units;

d) A fine of VND 3.000.000 to VND 5.000.000 shall be imposed in cases where counterfeit stamps, labels, or packaging materials amount to between 1.000 and less than 2.000 units;

d) A fine of VND 5.000.000 to VND 10.000.000 shall be imposed in cases where counterfeit stamps, labels, or packaging materials amount to between 2.000 and less than 3.000 units;

e) A fine of VND 10.000.000 to VND 15.000.000 shall be imposed in cases where counterfeit stamps, labels, or packaging materials amount to between 3.000 and less than 5.000 units;

g) A fine of VND 15.000.000 to VND 20.000.000 shall be imposed in cases where counterfeit stamps, labels, or packaging materials amount to between 5.000 and less than 10.000 units;

h) A fine of VND 20.000.000 to VND 30.000.000 shall be imposed in cases where counterfeit stamps, labels, or packaging of goods amount to 10.000 units or more, without criminal prosecution.

2. Double the fines for violations of the regulations specified in Clause 1 of this Article in one of the following cases:

a) The act of importing counterfeit stamps, labels, and packaging materials;

b) Counterfeit labels, packaging, and packaging for food, food additives, food processing aids, food preservatives, preventive medicines, drugs, pharmaceutical raw materials, cosmetics, medical equipment, and helmets;

c) Counterfeit labels, tags, and packaging for detergents, chemicals, insecticides, disinfectants used in the household and medical fields, animal feed, aquatic feed, aquaculture environmental treatment products, livestock waste treatment products, fertilizers, veterinary drugs, pesticides, plant seeds, animal breeds, cement, and construction steel.

3. Additional sanctioning forms:

a) Confiscation of evidence related to violations of the provisions of this Article, except in cases where remedial measures as prescribed in point a, clause 4 of this Article are applied;

b) Revocation of the license or professional certificate for a period of 01 to 03 months for violations of the regulations in this Article in cases of multiple violations or repeat offenses.

4. Remedies:

a) Mandatory destruction of counterfeit stamps, labels, and packaging for goods that violate the provisions of this Article;

b) To compel the return of any illegal profits obtained from committing acts that violate the provisions of this Article.

Article 14. Acts of producing counterfeit stamps, labels, and packaging for goods.

1. For the act of producing counterfeit stamps, labels, and packaging as stipulated in point e, clause 7, Article 3 of this Decree, the fines are as follows:

a) A fine of VND 500.000 to VND 1.000.000 shall be imposed in cases where the quantity of counterfeit stamps, labels, or packaging is less than 100 pieces, sheets, or equivalent units (hereinafter referred to as units);

b) A fine of VND 1.000.000 to VND 2.000.000 shall be imposed in cases where counterfeit stamps, labels, or packaging materials number from 100 units to less than 500 units;

c) A fine of VND 2.000.000 to VND 5.000.000 shall be imposed in cases where counterfeit stamps, labels, or packaging materials amount to between 500 and less than 1.000 units;

d) A fine of VND 5.000.000 to VND 10.000.000 shall be imposed in cases where counterfeit stamps, labels, or packaging materials amount to between 1.000 and less than 2.000 units;

d) A fine of VND 10.000.000 to VND 20.000.000 shall be imposed in cases where counterfeit stamps, labels, or packaging materials amount to between 2.000 and less than 3.000 units;

e) A fine of VND 20.000.000 to VND 30.000.000 shall be imposed in cases where counterfeit stamps, labels, or packaging materials amount to between 3.000 and less than 5.000 units;

g) A fine of VND 30.000.000 to VND 40.000.000 shall be imposed in cases where the quantity of counterfeit stamps, labels, or packaging is from 5.000 units to less than 10.000 units;

h) A fine of VND 40.000.000 to VND 50.000.000 shall be imposed in cases where counterfeit stamps, labels, or packaging of goods amount to 10.000 units or more, without criminal prosecution.

2. Double the fines for violations of the regulations specified in Clause 1 of this Article in one of the following cases:

a) Counterfeit labels, tags, and packaging for food, food additives, food processing aids, food preservatives, preventive medicines, drugs, pharmaceutical raw materials, cosmetics, medical equipment, and helmets;

b) Counterfeit labels, tags, and packaging for detergents, chemicals, insecticides, disinfectants used in the household and medical fields, animal feed, aquatic feed, aquaculture environmental treatment products, livestock waste treatment products, fertilizers, veterinary drugs, pesticides, plant seeds, animal breeds, cement, and construction steel.

3. Additional sanctioning forms:

a) Confiscation of counterfeit stamps, labels, and packaging for goods that violate the provisions of this Article, except in cases where remedial measures as prescribed in point a, clause 4 of this Article are applied;

b) Confiscation of equipment, tools, and machinery used to produce counterfeit stamps, labels, and packaging for goods in violation of the provisions of this Article;

c) Revocation of the license or professional certificate for a period of 03 to 06 months for violations of the regulations in this Article in cases of multiple violations or repeat offenses;

d) Suspend part or all of the violating production activities for a period of 03 to 06 months for violations of the regulations in this Article.

4. Remedies:

a) Mandatory destruction of counterfeit stamps, labels, and packaging for goods that violate the provisions of this Article;

b) To compel the return of any illegal profits obtained from committing acts that violate the provisions of this Article.

Section 3. BUSINESS ACTIVITIES INVOLVING SMUGGLED GOODS; GOODS CIRCULATED WITHIN THE COUNTRY SUBJECT TO EMERGENCY MEASURES; GOODS THAT ARE EXPIRED, OF UNKNOWN ORIGIN, AND OTHER VIOLATIONS.

Article 15. The act of trading in smuggled goods.

1. For the act of trading in smuggled goods, the fines are as follows:

a) A fine of VND 500.000 to VND 1.000.000 shall be imposed in cases where the value of smuggled goods is less than VND 3.000.000;

b) A fine of VND 1.000.000 to VND 2.000.000 shall be imposed in cases where the value of smuggled goods is from VND 3.000.000 to less than VND 5.000.000;

c) A fine of VND 2.000.000 to VND 4.000.000 shall be imposed in cases where the value of smuggled goods is from VND 5.000.000 to less than VND 10.000.000;

d) A fine of VND 4.000.000 to VND 6.000.000 shall be imposed in cases where the value of smuggled goods is from VND 10.000.000 to less than VND 20.000.000;

d) A fine of VND 6.000.000 to VND 10.000.000 shall be imposed in cases where the value of smuggled goods is from VND 20.000.000 to less than VND 30.000.000;

e) A fine of VND 10.000.000 to VND 20.000.000 shall be imposed in cases where the value of smuggled goods is from VND 30.000.000 to less than VND 50.000.000;

g) A fine of VND 20.000.000 to VND 30.000.000 shall be imposed in cases where the value of smuggled goods is from VND 50.000.000 to less than VND 70.000.000;

h) A fine of VND 30.000.000 to VND 40.000.000 shall be imposed in cases where the value of smuggled goods is from VND 70.000.000 to less than VND 100.000.000;

i) A fine of VND 40.000.000 to VND 50.000.000 shall be imposed in cases where the value of smuggled goods is VND 100.000.000 or more.

2. The fine shall be doubled the amount of the fine for trading in smuggled goods as stipulated in Clause 1 of this Article in the following cases:

a) Individuals who directly smuggle goods worth less than 100.000.000 VND or 100.000.000 VND or more are not prosecuted for criminal liability;

b) Smuggled goods that are on the list of prohibited or temporarily suspended imports;

c) Smuggled goods include food, food additives, food processing aids, food preservatives, preventive medicines and drugs, pharmaceutical raw materials, cosmetics, medical equipment, chemicals, insecticides and disinfectants used in the household and medical fields, aquaculture environmental treatment products, livestock waste treatment products, veterinary drugs, fertilizers, cement, animal feed, plant protection products, growth stimulants, plant seeds, and animal breeds.

3. The fines stipulated in paragraphs 1 and 2 of this Article shall also be applied as administrative penalties to:

a) The act of intentionally transporting smuggled goods;

b) The act of intentionally possessing smuggled goods;

c) The act of intentionally receiving or delivering smuggled goods.

4. Additional sanctioning forms:

a) Confiscation of evidence related to violations of the provisions of this Article, except in cases where remedial measures as prescribed in point a, clause 5 of this Article are applied;

b) Confiscation of the offending transport vehicle for violations of the regulations in this Article in cases where the value of the confiscated goods is 200.000.000 VND or more, or in cases of multiple violations or repeat offenses.

5. Remedies:

a) Mandatory destruction of goods and items harmful to human health, livestock, plants and the environment, cultural products with harmful content, and goods that do not ensure safe use, in violation of the provisions of this Article;

b) To compel the return of any illegal profits obtained from committing acts that violate the provisions of this Article.

Article 16. Violations concerning the trading of goods subject to emergency measures.

1. A warning or a fine ranging from VND 200.000 to VND 400.000 shall be imposed for any of the following violations in cases where the value of the infringing goods is less than VND 1.000.000:

a) Trading in goods that have been subject to conditional circulation measures by competent state management agencies but do not meet the conditions or require a license but do not possess the required license;

b) Trading in goods that have been subject to emergency measures by competent state authorities requiring their recall or temporary suspension of circulation.

2. A fine of VND 400.000 to VND 600.000 shall be imposed for violations of the provisions of Clause 1 of this Article in cases where the value of the infringing goods is from VND 1.000.000 to less than VND 2.000.000.

3. A fine of VND 600.000 to VND 1.000.000 shall be imposed for violations of the provisions of Clause 1 of this Article in cases where the value of the infringing goods is from VND 2.000.000 to less than VND 5.000.000.

4. A fine of VND 1.000.000 to VND 3.000.000 shall be imposed for violations of the provisions of Clause 1 of this Article in cases where the value of the infringing goods is from VND 5.000.000 to less than VND 10.000.000.

5. A fine of VND 3.000.000 to VND 5.000.000 shall be imposed for violations of the provisions of Clause 1 of this Article in cases where the value of the infringing goods is from VND 10.000.000 to less than VND 20.000.000.

6. A fine of VND 5.000.000 to VND 10.000.000 shall be imposed for violations of the provisions of Clause 1 of this Article in cases where the value of the infringing goods is from VND 20.000.000 to less than VND 30.000.000.

7. A fine of VND 10.000.000 to VND 15.000.000 shall be imposed for violations of the provisions of Clause 1 of this Article in cases where the value of the infringing goods is from VND 30.000.000 to less than VND 50.000.000.

8. A fine of VND 15.000.000 to VND 20.000.000 shall be imposed for violations of the provisions of Clause 1 of this Article in cases where the value of the infringing goods is from VND 50.000.000 to less than VND 70.000.000.

9. A fine of VND 20.000.000 to VND 30.000.000 shall be imposed for violations of the provisions of Clause 1 of this Article in cases where the value of the infringing goods is from VND 70.000.000 to less than VND 100.000.000.

10. A fine of VND 30.000.000 to VND 50.000.000 shall be imposed for violations of the provisions of Clause 1 of this Article in cases where the value of the infringing goods is VND 100.000.000 or more.

11. Double the fines stipulated in Clauses 1 to 10 of this Article shall be imposed on producers and importers who commit administrative violations.

12. For the act of trading goods that have been subject to an emergency ban on circulation by a competent state management agency, administrative penalties shall be imposed in accordance with the provisions of Article 8 of this Decree.

13. Remedies:

The confiscated items that violate the regulations in this Article must be destroyed, including goods and items harmful to human health, livestock, plants, the environment, cultural products with harmful content, and goods that do not meet safety standards for use.

Article 17. Violations concerning the expiration date of goods, goods of unknown origin, and other violations.

1. A warning or a fine ranging from VND 300.000 to VND 500.000 shall be imposed for any of the following violations in cases where the value of the infringing goods is less than VND 1.000.000:

a) Trading in goods (excluding pesticides and animal feed) that have expired as indicated on the product label or packaging;

b) Replacing or altering product labels or packaging, erasing or altering the expiration date on product labels or packaging, or committing other fraudulent acts to extend the shelf life of goods;

c) Trading in goods of unknown origin or provenance;

d) Buying, selling, transporting, storing, or consuming minerals that do not originate from a legitimate source.

2. A fine of VND 500.000 to VND 1.000.000 shall be imposed for violations of the provisions of Clause 1 of this Article in cases where the value of the infringing goods is from VND 1.000.000 to less than VND 3.000.000.

3. A fine of VND 1.000.000 to VND 3.000.000 shall be imposed for violations of the provisions of Clause 1 of this Article in cases where the value of the infringing goods is from VND 3.000.000 to less than VND 5.000.000.

4. A fine of VND 3.000.000 to VND 5.000.000 shall be imposed for violations of the provisions of Clause 1 of this Article in cases where the value of the infringing goods is from VND 5.000.000 to less than VND 10.000.000.

5. A fine of VND 5.000.000 to VND 7.000.000 shall be imposed for violations of the provisions of Clause 1 of this Article in cases where the value of the infringing goods is from VND 10.000.000 to less than VND 20.000.000.

6. A fine of VND 7.000.000 to VND 10.000.000 shall be imposed for violations of the provisions of Clause 1 of this Article in cases where the value of the infringing goods is from VND 20.000.000 to less than VND 30.000.000.

7. A fine of VND 10.000.000 to VND 15.000.000 shall be imposed for violations of the provisions of Clause 1 of this Article in cases where the value of the infringing goods is from VND 30.000.000 to less than VND 40.000.000.

8. A fine of VND 15.000.000 to VND 20.000.000 shall be imposed for violations of the provisions of Clause 1 of this Article in cases where the value of the infringing goods is from VND 40.000.000 to less than VND 50.000.000.

9. A fine of VND 20.000.000 to VND 30.000.000 shall be imposed for violations of the provisions of Clause 1 of this Article in cases where the value of the infringing goods is from VND 50.000.000 to less than VND 70.000.000.

10. A fine of VND 30.000.000 to VND 40.000.000 shall be imposed for violations of the provisions of Clause 1 of this Article in cases where the value of the infringing goods is from VND 70.000.000 to less than VND 100.000.000.

11. A fine of VND 40,000,000 to VND 50.000.000 shall be imposed for violations of the provisions of Clause 1 of this Article in cases where the value of the infringing goods is VND 100.000.000 or more.

12. Double the fines stipulated in Clauses 1 to 11 of this Article shall be imposed on producers and importers who commit administrative violations or whose goods violate regulations in any of the following cases:

a) This includes food, food additives, food processing aids, food preservatives, preventive medicines and drugs, pharmaceutical raw materials, cosmetics, and medical equipment;

b) Detergents, chemicals, insecticides, disinfectants used in the household and medical fields, products for treating the aquaculture environment, products for treating livestock waste, veterinary drugs, fertilizers, cement, growth stimulants, plant seeds, animal breeds, aquatic species, and aquatic feed;

c) Other goods belonging to the list of industries and business activities subject to conditional investment.

13. Additional sanctioning forms:

a) Confiscation of evidence related to violations of the provisions of this Article, except in cases where remedial measures as prescribed in point a, clause 14 of this Article are applied;

b) Confiscation of means, tools, and machinery used to commit administrative violations, in relation to the violations specified in point b, clause 1 of this Article.

14. Remedies:

a) Mandatory destruction of confiscated items that are harmful to human health, livestock, plants, and the environment for violations specified in points a, b, and c of Clause 1 of this Article;

b) To compel the return of any illegal profits obtained from committing acts that violate the provisions of this Article.

Section 4. VIOLATIONS RELATED TO TOBACCO BUSINESS

Article 18. Violations concerning the import of tobacco, cigarette paper, and tobacco raw materials.

1. A fine of between VND 20.000.000 and VND 30.000.000 shall be imposed on one of the following acts of violation:

a) Importing tobacco products that do not meet food safety and hygiene requirements as prescribed;

b) Importing tobacco products that do not meet the registered quality standards.

2. A fine of between VND 30.000.000 and VND 40.000.000 shall be imposed on one of the following acts of violation:

a) Importing cigarette paper and tobacco raw materials without the required import license;

b) Importing quantities of cigarette rolling paper exceeding the announced annual import quota;

c) Importing tobacco products for commercial purposes that do not conform to trademarks registered or protected in Vietnam.

3. Additional sanctioning forms:

a) Confiscation of evidence related to violations of the provisions of Clause 2 of this Article, except in cases where remedial measures as prescribed in Point b, Clause 4 of this Article are applied;

b) Revocation of the tobacco business license for a period of 03 to 06 months for violations of the regulations in this Article in cases of multiple violations or repeat offenses.

4. Remedies:

a) Mandatory destruction of infringing goods for violations of the provisions of Clause 1 of this Article;

b) To compel the removal from the territory of the Socialist Republic of Vietnam or re-export of infringing goods for violations of the provisions of Clause 2 of this Article.

Article 19. Violations concerning the buying, selling, and transfer of stamps and cigarette rolling papers.

1. A fine of VND 10.000.000 to VND 20.000.000 shall be imposed for the illegal buying, selling, or transferring of cigarette stamps.

2. For the illegal buying, selling, or transferring of cigarette rolling papers, the fines are as follows:

a) A fine of VND 10.000.000 to VND 20.000.000 shall be imposed in cases where the value of the infringing goods is less than VND 10.000.000;

b) A fine of VND 20.000.000 to VND 30.000.000 shall be imposed in cases where the value of the infringing goods is from VND 10.000.000 to less than VND 20.000.000;

c) A fine of VND 30.000.000 to VND 40.000.000 shall be imposed in cases where the value of the infringing goods is from VND 20.000.000 to less than VND 50.000.000;

d) A fine of VND 40.000.000 to VND 50.000.000 shall be imposed in cases where the value of the infringing goods is from VND 50.000.000 to less than VND 100.000.000;

d) A fine of VND 50.000.000 to VND 60.000.000 shall be imposed in cases where the value of the infringing goods is VND 100.000.000 or more.

3. Additional sanctioning forms:

a) Confiscation of evidence related to violations of the provisions in paragraphs 1 and 2 of this Article;

b) Revocation of the tobacco business license for a period of 01 to 03 months for violations of the regulations specified in points d and e of Clause 2 of this Article in cases of multiple violations or repeat offenses.

Article 20. Violations concerning the affixing of import stamps to imported tobacco products.

1. For the act of failing to affix import stamps to imported tobacco intended for commercial purposes as required by regulations, the following fines apply:

a) A fine of VND 2.000.000 to VND 5.000.000 shall be imposed in cases where the value of the infringing goods is less than VND 10.000.000;

b) A fine of VND 5.000.000 to VND 10.000.000 shall be imposed in cases where the value of the infringing goods is from VND 10.000.000 to less than VND 20.000.000;

c) A fine of VND 10.000.000 to VND 15.000.000 shall be imposed in cases where the value of the infringing goods is from VND 20.000.000 to less than VND 30.000.000;

d) A fine of VND 15.000.000 to VND 20.000.000 shall be imposed in cases where the value of the infringing goods is from VND 30.000.000 to less than VND 40.000.000;

d) A fine of VND 20.000.000 to VND 25.000.000 shall be imposed in cases where the value of the infringing goods is from VND 40.000.000 to less than VND 50.000.000;

e) A fine of VND 25.000.000 to VND 30.000.000 shall be imposed in cases where the value of the infringing goods is from VND 50.000.000 to less than VND 60.000.000;

g) A fine of VND 30.000.000 to VND 35.000.000 shall be imposed in cases where the value of the infringing goods is from VND 60.000.000 to less than VND 70.000.000;

h) A fine of VND 35.000.000 to VND 40.000.000 shall be imposed in cases where the value of the infringing goods is from VND 70.000.000 to less than VND 80.000.000;

i) A fine of VND 40.000.000 to VND 50.000.000 shall be imposed in cases where the value of the infringing goods is from VND 80.000.000 to less than VND 100.000.000;

k) A fine of VND 50.000.000 to VND 70.000.000 shall be imposed in cases where the value of the infringing goods is VND 100.000.000 or more.

2. Additional sanctioning forms:

a) Confiscation of evidence related to violations of the provisions of this Article;

b) Revocation of the tobacco business license for a period of 03 to 06 months for violations of regulations from point d to point k of Clause 1 of this Article in cases of multiple violations or repeat offenses.

Article 21. Violations concerning the affixing of stamps to domestically consumed cigarettes.

1. For the act of trading domestically produced cigarettes without affixing domestic consumption tax stamps or affixing domestic consumption tax stamps incorrectly, the fines are as follows:

a) A warning or a fine ranging from VND 200.000 to VND 500.000 will be imposed in cases where the value of the infringing goods is less than VND 1.000.000;

b) A fine of VND 500.000 to VND 1.000.000 shall be imposed in cases where the value of the infringing goods is from VND 1.000.000 to less than VND 2.000.000;

c) A fine of VND 1.000.000 to VND 2.000.000 shall be imposed in cases where the value of the infringing goods is from VND 2.000.000 to less than VND 5.000.000;

d) A fine of VND 2.000.000 to VND 3.000.000 shall be imposed in cases where the value of the infringing goods is from VND 5.000.000 to less than VND 10.000.000;

d) A fine of VND 3.000.000 to VND 5.000.000 shall be imposed in cases where the value of the infringing goods is from VND 10.000.000 to less than VND 20.000.000;

e) A fine of VND 5.000.000 to VND 7.000.000 shall be imposed in cases where the value of the infringing goods is from VND 20.000.000 to less than VND 30.000.000;

g) A fine of VND 7.000.000 to VND 10.000.000 shall be imposed in cases where the value of the infringing goods is from VND 30.000.000 to less than VND 40.000.000;

h) A fine of VND 10.000.000 to VND 13.000.000 shall be imposed in cases where the value of the infringing goods is from VND 40.000.000 to less than VND 50.000.000;

i) A fine of VND 13.000.000 to VND 15.000.000 shall be imposed in cases where the value of the infringing goods is from VND 50.000.000 to less than VND 60.000.000;

k) A fine of VND 15.000.000 to VND 20.000.000 shall be imposed in cases where the value of the infringing goods is from VND 60.000.000 to less than VND 70.000.000;

l) A fine of VND 20.000.000 to VND 25.000.000 shall be imposed in cases where the value of the infringing goods is from VND 70.000.000 to less than VND 80.000.000;

m) A fine of VND 25.000.000 to VND 30.000.000 shall be imposed in cases where the value of the infringing goods is from VND 80.000.000 to less than VND 90.000.000;

n) A fine of VND 30.000.000 to VND 35.000.000 shall be imposed in cases where the value of the infringing goods is from VND 90.000.000 to less than VND 100.000.000;

o) A fine of VND 35.000.000 to VND 40.000.000 shall be imposed in cases where the value of the infringing goods is VND 100.000.000 or more.

2. Double the fine stipulated in Clause 1 of this Article shall be imposed on tobacco manufacturers who fail to affix tax stamps to tobacco products intended for domestic consumption as required.

3. Additional sanctioning forms:

a) Revocation of the tobacco business license for a period of 1 to 01 months for violations of regulations from point h to point o of Clause 03 of this Article in cases of multiple violations or repeat offenses;

b) Revoking the tobacco business license for a period of 03 to 06 months for tobacco manufacturers who fail to affix tax stamps to domestically consumed tobacco products as stipulated in Clause 2 of this Article, in cases of repeated violations or recidivism.

Article 22. Violations concerning the management of tobacco production.

1. For the act of producing an annual output of cigarettes for domestic consumption exceeding the permitted production volume, the fines are as follows:

a) A fine of VND 10.000.000 to VND 20.000.000 will be imposed if the production exceeds the permitted output by less than 05%.

b) A fine of VND 20.000.000 to VND 30.000.000 shall be imposed in cases where the production exceeds the permitted output by 05% to less than 10%.

c) A fine of VND 30.000.000 to VND 50.000.000 shall be imposed in cases where the permitted production output is exceeded by 10% but less than 15%.

d) A fine of VND 50.000.000 to VND 70.000.000 shall be imposed in cases where the permitted production output is exceeded by 15% but less than 20%.

d) A fine of VND 70.000.000 to VND 100.000.000 will be imposed if the production exceeds the permitted output by 20% or more.

2. Additional sanctioning forms:

a) Confiscation of evidence related to violations of the provisions of this Article;

b) Revocation of the tobacco business license for a period of 01 to 03 months for violations of the regulations in this Article in cases of multiple violations or repeat offenses.

3. Remedies:

The offender shall be required to return any illegal profits obtained from committing acts that violate the provisions of this Article.

Article 23. Violations concerning the sale of tobacco products

1. A fine of VND 500.000 to VND 1.000.000 will be imposed for failing to display a sign stating that tobacco products are not sold to individuals under 18 years of age at the point of sale, as required by regulations.

2. A fine of between VND 1.000.000 and VND 2.000.000 shall be imposed on one of the following acts of violation:

a) Selling cigarettes to persons under the age of 18;

b) Using persons under the age of 18 to sell cigarettes.

3. A fine of VND 2,000,000 to VND 3.000.000 shall be imposed for failing to comply with regulations on displaying tobacco products at points of sale.

4. A fine of between VND 3.000.000 and VND 5.000.000 shall be imposed on one of the following acts of violation:

a) Failure to report or inaccurate reporting on the business situation, results, and distribution system of tobacco product retailers as required by regulations;

b) Selling cigarettes through vending machines or selling cigarettes in locations where it is prohibited;

c) Selling cigarettes outside the gates of kindergartens, preschools, primary schools, junior high schools, high schools, medical research institutes, hospitals, maternity homes, preventive medicine centers, and commune/ward health stations within a 100-meter radius from the nearest boundary of the premises of those establishments.

5. A fine of VND 5.000.000 to VND 10.000.000 shall be imposed for the act of failing to report or reporting inaccurately on the business situation, results, and distribution system of tobacco product distributors and tobacco product wholesalers as prescribed.

6. Additional sanctioning forms:

a) Confiscate evidence and means used in the commission of violations of the provisions in points b and c of Clause 4 of this Article;

b) Revocation of the tobacco business license for a period of 01 to 03 months for violations of the regulations specified in points b and c of Clause 4 of this Article.

Article 24. Violations concerning the management of machinery and equipment for the tobacco manufacturing industry.

1. A fine of VND 5.000.000 to VND 10.000.000 shall be imposed for the act of failing to properly report on the import and use of specialized tobacco machinery and equipment as prescribed.

2. A fine of between VND 10.000.000 and VND 20.000.000 shall be imposed on one of the following acts of violation:

a) Disposing of or destroying specialized tobacco machinery and equipment in violation of regulations;

b) Do not re-export specialized tobacco machinery and equipment after the permitted temporary import period has expired.

3. A fine of VND 20.000.000 to VND 30.000.000 shall be imposed for the act of using specialized tobacco machinery and equipment without a license for tobacco production or processing of tobacco raw materials as prescribed by law.

4. A fine of between VND 30.000.000 and VND 50.000.000 shall be imposed on one of the following acts of violation:

a) Buying, selling, leasing, renting, or transferring ownership or usage rights of machinery and equipment used in the tobacco manufacturing industry in violation of regulations;

b) Importing tobacco-related machinery and equipment in violation of regulations, or using imported tobacco-related machinery and equipment without a legitimate origin.

5. Additional sanctioning forms:

Confiscation of evidence related to violations of the provisions of Clause 4 of this Article.

6. Remedies:

a) Mandatory re-export of specialized tobacco machinery and equipment for violations of the regulations specified in point b, clause 2 of this Article;

b) To compel the return of any illegal profits obtained from committing the violations specified in point a, clause 2 and point a, clause 4 of this Article.

Section 5. VIOLATIONS REGARDING THE BUSINESS OF ALCOHOL AND BEER

Article 25. Violations concerning the registration of the sale of alcoholic beverages with an alcohol content of 5,5 degrees or higher for on-site consumption, the business of selling alcoholic beverages with an alcohol content below 5,5 degrees, and the production of handcrafted alcoholic beverages with an alcohol content of 5,5 degrees or higher for sale to establishments with a license to produce alcoholic beverages for reprocessing.

1. A fine of VND 500.000 to VND 1.000.000 shall be imposed for the act of producing homemade alcoholic beverages with an alcohol content of 5,5 degrees or higher and selling them to licensed alcohol production facilities for reprocessing without registering with the People's Committee of the commune where the production facility is located.

2. A fine of VND 1.000.000 to VND 3.000.000 shall be imposed for the act of selling alcoholic beverages with an alcohol content of 5,5 degrees or higher for on-site consumption, or trading in alcoholic beverages with an alcohol content below 5,5 degrees without registering with the District Economic Department or the District Economic and Infrastructure Department as prescribed.

Article 26. Violations concerning the import of alcoholic beverages.

1. A fine of between VND 20.000.000 and VND 30.000.000 shall be imposed on one of the following acts of violation:

a) Directly importing or importing semi-finished alcoholic beverages for the production of finished alcoholic beverages with an alcohol content of 5,5 degrees or higher without a valid alcohol business license as required by regulations;

b) Selling imported semi-finished alcoholic beverages with an alcohol content of 5,5 degrees or higher to entities without a license for industrial alcohol production.

2. The act of importing alcohol through international border gates other than those stipulated is subject to penalties as prescribed in Article 15 of this Decree.

3. Additional sanctioning forms:

The right to use a liquor business license shall be revoked for a period of 1 to 01 months for violations of the regulations specified in point b, clause 03 of this Article, in cases of multiple violations or repeat offenses.

4. Remedies:

The offender shall be compelled to return any illegal profits obtained from committing the violation specified in point b, clause 1 of this Article.

Article 27. Violations regarding the affixing of import stamps to imported alcoholic beverages with an alcohol content of 5,5 degrees or higher.

1. For the act of affixing import stamps to imported alcoholic beverages with an alcohol content of 5,5 degrees or higher in violation of regulations, the following fines apply:

a) A fine of VND 1.000.000 to VND 2.000.000 shall be imposed in cases where the value of the infringing goods is less than VND 5.000.000;

b) A fine of VND 2.000.000 to VND 5.000.000 shall be imposed in cases where the value of the infringing goods is from VND 5.000.000 to less than VND 10.000.000;

c) A fine of VND 5.000.000 to VND 10.000.000 shall be imposed in cases where the value of the infringing goods is from VND 10.000.000 to less than VND 20.000.000;

d) A fine of VND 10.000.000 to VND 15.000.000 shall be imposed in cases where the value of the infringing goods is from VND 20.000.000 to less than VND 30.000.000;

d) A fine of VND 15.000.000 to VND 20.000.000 shall be imposed in cases where the value of the infringing goods is from VND 30.000.000 to less than VND 40.000.000;

e) A fine of VND 20.000.000 to VND 25.000.000 shall be imposed in cases where the value of the infringing goods is from VND 40.000.000 to less than VND 50.000.000;

g) A fine of VND 25.000.000 to VND 30.000.000 shall be imposed in cases where the value of the infringing goods is from VND 50.000.000 to less than VND 60.000.000;

h) A fine of VND 30.000.000 to VND 35.000.000 shall be imposed in cases where the value of the infringing goods is from VND 60.000.000 to less than VND 70.000.000;

i) A fine of VND 35.000.000 to VND 40.000.000 shall be imposed in cases where the value of the infringing goods is from VND 70.000.000 to less than VND 80.000.000;

k) A fine of VND 40.000.000 to VND 50.000.000 shall be imposed in cases where the value of the infringing goods is from VND 80.000.000 to less than VND 100.000.000;

l) A fine of VND 50.000.000 to VND 70.000.000 shall be imposed in cases where the value of the infringing goods is VND 100.000.000 or more.

2. For the act of trading imported alcoholic beverages with an alcohol content of 5,5 degrees or higher without affixing the required import tax stamp, administrative penalties shall be imposed in accordance with Article 15 of this Decree.

3. Additional sanctioning forms:

The right to use a liquor business license shall be revoked for a period of 01 to 03 months for violations of the regulations specified in Clause 1 of this Article, in cases of multiple violations or repeat offenses.

Article 28. Violations concerning the affixing of tax stamps to alcoholic beverages produced for domestic consumption.

1. For the act of trading domestically produced alcoholic beverages with an alcohol content of 5,5 degrees or higher without affixing the label for domestically produced beverages intended for consumption, or affixing the label incorrectly, the fines are as follows:

a) A warning or a fine ranging from VND 200.000 to VND 300.000 will be imposed in cases where the value of the infringing goods is less than VND 1.000.000;

b) A fine of VND 300.000 to VND 500.000 shall be imposed in cases where the value of the infringing goods is from VND 1.000.000 to less than VND 2.000.000;

c) A fine of VND 500.000 to VND 1.000.000 shall be imposed in cases where the value of the infringing goods is from VND 2.000.000 to less than VND 5.000.000;

d) A fine of VND 1.000.000 to VND 2.000.000 shall be imposed in cases where the value of the infringing goods is from VND 5.000.000 to less than VND 10.000.000;

d) A fine of VND 2.000.000 to VND 5.000.000 shall be imposed in cases where the value of the infringing goods is from VND 10.000.000 to less than VND 20.000.000;

e) A fine of VND 5.000.000 to VND 10.000.000 shall be imposed in cases where the value of the infringing goods is from VND 20.000.000 to less than VND 30.000.000;

g) A fine of VND 10.000.000 to VND 20.000.000 shall be imposed in cases where the value of the infringing goods is from VND 30.000.000 to less than VND 50.000.000;

h) A fine of VND 20.000.000 to VND 30.000.000 shall be imposed in cases where the value of the infringing goods is from VND 50.000.000 to less than VND 100.000.000;

i) A fine of VND 30.000.000 to VND 50.000.000 shall be imposed in cases where the value of the infringing goods is VND 100.000.000 or more.

2. Double the fines stipulated in Clause 1 of this Article shall be imposed on domestic producers of alcoholic beverages with an alcohol content of 5,5 degrees or higher who fail to affix stamps to alcoholic beverages produced for domestic consumption or affix stamps incorrectly.

3. Additional sanctioning forms:

The right to use a liquor business license shall be revoked for a period of 01 to 03 months for violations of the regulations specified in Clause 2 of this Article, in cases of multiple violations or repeat offenses.

Article 29. Violations concerning the provision of information on the effects of alcohol and beer on health.

1. A fine of VND 500.000 to VND 1.000.000 shall be imposed on traders selling alcoholic beverages with an alcohol content below 5,5 degrees who provide inaccurate or false information about the effects of alcohol on health.

2. A fine of VND 10.000.000 to VND 20.000.000 shall be imposed on traders selling alcoholic beverages with an alcohol content of 5,5 degrees or higher who provide inaccurate or false information about the effects of alcohol on health.

Article 30. Other violations related to the business of alcoholic beverages.

1. A fine of VND 500.000 to VND 1.000.000 will be imposed for the act of selling or supplying alcohol or beer to persons under 18 years of age.

2. A fine of VND 1.000.000 to VND 3.000.000 shall be imposed for the act of failing to report or reporting inaccurately the production and business situation of alcoholic beverages with an alcohol content of 5,5 degrees or higher to the competent state agency that issued the license as prescribed.

3. A fine of between VND 3.000.000 and VND 5.000.000 for one of the following acts:

a) Selling alcoholic beverages through vending machines;

b) Selling alcoholic beverages at locations where the sale of alcoholic beverages is prohibited by law;

c) Employing individuals under the age of 18 to directly participate in the production or sale of alcoholic beverages.

4. Additional sanctioning forms:

Confiscation of evidence and means used in the violation of the provisions specified in points a and b of Clause 3 of this Article.

5. Remedies:

The offender shall be compelled to return any illegal profits obtained from committing the violations specified in points a and b of Clause 3 of this Article.

Section 6. Commodity Speculation and Hoisting

Article 31. Commodity Speculation

1. A fine of VND 5.000.000 to VND 10.000.000 shall be imposed for the act of exploiting a shortage of goods or creating a false shortage of goods in the market to hoard or stockpile goods worth from VND 50.000.000 to less than VND 100.000.000 for the purpose of reselling them for illicit profit, in one of the following cases, without being subject to criminal prosecution:

a) Goods included in the price stabilization list or the list of goods whose prices are determined by the state according to the law on pricing;

b) When the market experiences fluctuations in supply and demand, the price of goods may be affected by natural disasters, fires, epidemics, wars, or other unusual events.

2. A fine of VND 10.000.000 to VND 20.000.000 shall be imposed for violations of the provisions of Clause 1 of this Article in cases where the value of the goods is from VND 100.000.000 to less than VND 200.000.000.

3. A fine of VND 20.000.000 to VND 50.000.000 shall be imposed for violations of the provisions of Clause 1 of this Article in cases where the value of the goods is from VND 200.000.000 to less than VND 500.000.000.

4. A fine of VND 50.000.000 to VND 80.000.000 shall be imposed for violations of the provisions of Clause 1 of this Article in cases where the value of the goods is from VND 500.000.000 to less than VND 1.000.000.000.

5. A fine of VND 80.000.000 to VND 100.000.000 shall be imposed for violations of the provisions of Clause 1 of this Article in cases where the value of the goods is VND 1.000.000.000 or more.

6. Additional sanctioning forms:

a) Confiscation of evidence related to violations of the provisions of this Article;

b) Revoking the business eligibility certificate, business license, or professional practice certificate for a period of 06 to 12 months for violations of the regulations in this Article in cases of multiple violations or repeat offenses;

c) Suspending business operations involving infringing goods for a period of 06 to 12 months for violations of the regulations in this Article in cases of multiple violations or repeat offenses.

7. Remedies:

The offender shall be required to return any illegal profits obtained from committing acts that violate the provisions of this Article.

Article 32. Hoarding

1. A fine of VND 5.000.000 to VND 10.000.000 shall be imposed for any of the following violations falling under the cases specified in Clause 1, Article 31 of this Decree, without justifiable reason:

a) Reduce the number of sales locations;

b) Reducing the sales method (shifting from wholesale to retail) compared to the previous period;

c) Regulations, listings, and sales based on quantity and target buyers differ from those in the past;

d) Reduce sales time and delivery time compared to before.

2. A fine of VND 10.000.000 to VND 20.000.000 shall be imposed for any of the following violations falling under the cases specified in Clause 1, Article 31 of this Decree, without justifiable reason:

a) Reduce the quantity of goods sold on the market;

b) Stop selling goods to the market;

c) Not opening shops or business premises for selling goods;

d) Opening a store or business location but not selling goods.

3. A fine of VND 20.000.000 to VND 30.000.000 shall be imposed for hoarding goods in warehouses exceeding 150% of the average inventory of the three preceding months, in one of the cases specified in Clause 1, Article 31 of this Decree.

4. Additional sanctioning forms:

a) Confiscation of evidence related to violations of the provisions of Clause 3 of this Article;

b) Revocation of business license or professional certificate for a period of 03 to 06 months for violations of the regulations in this Article in cases of multiple violations or repeat offenses.

Section 7. VIOLATIONS RELATED TO TRADE PROMOTION ACTIVITIES

Article 33. Violations related to promotional activities

1. A fine of between VND 5.000.000 and VND 10.000.000 shall be imposed on one of the following acts of violation:

a) Failure to comply with, incomplete compliance with, or incorrect compliance with regulations regarding the provision and disclosure of information about promotional activities when conducting promotions;

b) Collecting fees, charges, or money from customers or requiring customers to fulfill any other payment obligations when conducting promotional activities such as providing free samples of goods or services for customers to try;

c) Not publicly organizing the draw for a promotional program involving chance, or organizing the draw for a promotional program involving chance without the presence of customers, or without recording the draw in a written document;

d) Failing to notify the competent state management agency about the time and place of issuing proof of winning along with goods before issuing the proof of winning when conducting a promotional program involving chance where the proof of winning is issued along with the goods;

d) Failure to comply with or improper compliance with regulations regarding the announcement of prize winning results and the public disclosure of promotional campaign results;

e) Failure to award prizes within the specified timeframe when conducting a promotional program that includes prize giving;

g) Failure to accurately and promptly confirm customer participation in the customer loyalty program;

h) Failure to fully display and store the required information as stipulated on purchase orders, service vouchers, contest entry forms, lottery tickets, customer cards, or receipts recording the purchase of goods and services used in promotional programs for frequent customers.

2. A fine of between VND 10.000.000 and VND 20.000.000 shall be imposed on one of the following acts of violation:

a) Conducting promotions for goods and services that are not carried out by businesses authorized to do so according to regulations;

b) Conducting promotions for goods and services of other businesses without a prescribed promotional service contract, or hiring a business providing promotional services to conduct promotions for one's own goods and services without a prescribed promotional service contract;

c) Failure to notify or register with the competent state management agency as required before conducting the promotion, or providing notification or registration incorrectly;

d) Failure to notify or report the results of promotional activities to the competent state management agency as prescribed, or providing notification or reporting that is not in accordance with regulations, or providing notification or reporting that is untruthful;

d) Failure to implement, improper implementation, or delay in implementing the contents of the promotional program that has been announced, committed to customers, or announced and registered with the competent state management agency;

e) Conducting promotions where the value of goods or services used for promotion exceeds the maximum limit for the value of goods or services used for promotion as stipulated by regulations;

g) Conducting promotional activities in the form of price reductions where the price reduction of goods or services exceeds the maximum price reduction for the goods or services being promoted as stipulated by regulations;

h) Conducting promotions by reducing the selling price of goods or the price of services to below the minimum price in cases where the selling price of goods or the price of services is subject to a price range or minimum price regulation by the State; reducing the selling price of goods or services for goods and services whose prices are specifically determined by the State;

i) Implementing promotional programs in the form of price reductions that do not comply with regulations regarding the permitted time frame for conducting promotions;

k) Using proof of winning that is similar or identical to lottery results issued exclusively by the state, or using lottery results as the basis for determining winnings, or as a basis for giving or rewarding prizes in promotional programs in the forms prescribed in Clauses 5, 6 and 9 of Article 92 of the Commercial Law;

l) Failure to comply with or improper compliance with regulations regarding the remittance of 50% of the value of unclaimed prizes announced to the state budget in the case of promotional programs involving chance;

m) Terminate the promotional program before the announced or confirmed deadline, except where permitted by law or where the competent state management agency confirms an adjustment to the promotional period;

n) Termending a promotional program before the announced or approved deadline, except in cases stipulated by law;

o) Conducting promotions in violation of regulations on the principles of conducting promotions;

p) A representative office of a business entity conducts promotional activities for the business entity it represents, or hires another business entity to conduct promotional activities for the business entity it represents in Vietnam.

3. A fine of between VND 20.000.000 and VND 30.000.000 shall be imposed on one of the following acts of violation:

a) Promotions for goods and services prohibited from business; goods and services restricted from business; goods not yet permitted for circulation, services not yet permitted for provision; alcohol, lottery tickets, tobacco, infant formula, medicines for human use including those already permitted for circulation according to regulations of the Ministry of Health (except for promotions for businesses trading in medicines), medical examination and treatment services of public health facilities, educational services of public institutions, public vocational education institutions, goods and services prohibited from circulation in Vietnam or other goods and services prohibited from promotion according to the law;

b) Using goods and services for promotional purposes that are prohibited from being traded; goods and services with restricted trading; goods not yet permitted for circulation, services not yet permitted for provision; alcohol, lottery tickets, tobacco, medicines for human use including those already permitted for circulation according to regulations of the Ministry of Health (except in cases of promotion for businesses trading in medicines), goods and services prohibited from circulation in Vietnam and other goods and services prohibited from promotion according to the law;

c) Promoting alcoholic beverages to individuals under 18 years of age; promoting alcoholic beverages with an alcohol content of 15 degrees or higher in the business of selling alcoholic beverages, or using alcoholic beverages with an alcohol content of 15 degrees or higher for promotional purposes in any form;

d) Making dishonest or misleading promotions about goods or services to deceive customers;

d) Promotional activities aimed at selling goods that do not meet quality standards as prescribed;

e) Promotional activities at schools, hospitals, offices of state agencies, political organizations, socio-political organizations, and people's armed forces units;

g) The content of the competition program in the form of sales or service provision that includes entry forms for customers to select winners according to the announced rules and prizes is contrary to Vietnamese historical traditions, culture, ethics, and customs;

h) Conducting promotions using a multi-level marketing model, where the promotional target includes multiple levels and branches, and those at higher levels benefit from the purchases of those at lower levels, without a certificate of registration for multi-level marketing activities.

4. The fine shall be doubled the amount stipulated in Clauses 1 to 3 of this Article if the violation is committed in the territory of two or more provinces or centrally-governed cities.

5. Additional sanctioning forms:

Confiscation of evidence related to violations of the provisions in points a, b, c, and d of Clause 3 of this Article, except in cases where remedial measures as prescribed in point a of Clause 6 of this Article are applied.

6. Remedies:

a) Mandatory destruction of confiscated goods and items harmful to human health, livestock, plants, and the environment, and cultural products with harmful content, for violations of the regulations specified in points a and b of Clause 3 of this Article;

b) The results of the draw that have already been drawn must be canceled and a new draw must be held for violations of the regulations specified in points c and d of Clause 1 of this Article;

c) To compel the return of any illegal profits obtained from committing the violations specified in point b, clause 1 and point l, clause 2 of this Article.

Article 34. Violations concerning the display and presentation of goods and services.

1. A fine of between VND 10.000.000 and VND 20.000.000 shall be imposed on one of the following acts of violation:

a) Displaying or presenting goods with information that is inaccurate or does not reflect the goods currently being or will be sold;

b) Displaying or introducing goods and services of other businesses for comparison with one's own goods, except in cases where the goods being compared are counterfeit or infringe intellectual property rights as stipulated;

c) Displaying or showcasing goods without labels or with labels that do not comply with regulations;

d) Displaying or introducing goods that do not meet the published and applicable technical standards and regulations; goods that do not meet quality and food safety standards; or goods that have expired.

2. A fine of between VND 20.000.000 and VND 30.000.000 shall be imposed on one of the following acts of violation:

a) A representative office of a trader directly displays and introduces the goods and services of the trader it represents at locations other than the representative office's headquarters;

b) A representative office of a business entity displays or introduces the goods and services of the business entity it represents without authorization from that business entity.

3. A fine of between VND 30.000.000 and VND 50.000.000 shall be imposed on one of the following acts of violation:

a) Displaying and introducing goods and services that are on the list of prohibited goods and services, goods that are not or have not yet been permitted to circulate, and services that are not yet permitted to be provided in Vietnam;

b) Consumption in Vietnam of goods temporarily imported for display or presentation purposes that do not comply with Vietnamese law;

c) Displaying or introducing goods or services, or using forms or means of displaying or introducing goods or services that harm national security, public order and safety, landscape, environment, or human health;

d) Displaying or introducing goods or services, or using forms or means of display or introduction that are contrary to the historical traditions, culture, ethics, and customs of Vietnam;

(d) Displaying or introducing goods or services that reveal state secrets.

4. The act of displaying or introducing goods that are not permitted to be imported into Vietnam, or goods on the list of prohibited imports, shall be punished according to the provisions of Article 15 of this Decree.

5. Additional sanctioning forms:

Confiscation of evidence related to violations of the provisions of Clause 3 of this Article.

6. Remedies:

The offender shall be compelled to return any illegal profits obtained from committing the violation specified in point b, clause 3 of this Article.

Article 35. Violations concerning trade fairs and exhibitions

1. A fine of VND 1.000.000 to VND 5.000.000 shall be imposed for the act of making false or inaccurate declarations in the application dossier when registering to organize trade fairs and exhibitions;

2. A fine of between VND 5.000.000 and VND 10.000.000 shall be imposed on one of the following acts of violation:

a) Failure to post the theme and schedule of the trade fair or exhibition at the venue before the opening day of the trade fair or exhibition;

b) Changing or supplementing the registration content for organizing trade fairs and exhibitions without registering with the competent state management agency as prescribed or without confirmation from the competent state management agency regarding the changes or supplements to the registration content;

c) Failure to publicly announce the termination of a trade fair or exhibition as required by regulations.

3. A fine of between VND 10.000.000 and VND 20.000.000 shall be imposed on one of the following acts of violation:

a) Displaying counterfeit goods or goods infringing intellectual property rights at trade fairs and exhibitions without clearly stating that the goods are counterfeit or infringing intellectual property rights, or without clearly stating this in the registration for organizing the trade fair or exhibition;

b) Displaying at trade fairs and exhibitions goods and services that are on the list of prohibited goods, prohibited imports, restricted goods, goods not or not yet permitted for circulation, services not yet permitted to be provided in Vietnam, or goods that do not meet quality and food safety standards as prescribed, or goods that have expired;

c) Displaying goods at trade fairs and exhibitions (including goods temporarily imported for display and introduction at trade fairs and exhibitions) without labels or with labels that do not comply with the law on product labeling;

d) Failure to submit a written report or submitting an inaccurate report on the results of a trade fair or exhibition after its conclusion.

4. A fine of between VND 20.000.000 and VND 30.000.000 shall be imposed on one of the following acts of violation:

a) Foreign traders directly organize trade fairs and exhibitions in Vietnam;

b) A representative office of a trader directly organizing or participating in trade fairs or exhibitions, or participating in trade fairs or exhibitions on behalf of the represented trader without authorization from that trader;

c) Organizing for other businesses to participate in trade fairs and exhibitions abroad without registering for trade fair and exhibition services as required by regulations;

d) Organizing trade fairs and exhibitions without registering as required or without written confirmation from the competent state management agency regarding the registration of the trade fair or exhibition;

d) Registering to organize a trade fair or exhibition but failing to organize it, or organizing it incorrectly according to the approved content, without registering amendments or supplements as required by regulations with the competent state management agency and without obtaining the approval of the competent state management agency;

e) Selling, giving away, or supplying at trade fairs and exhibitions goods subject to specialized management without complying with the regulations on specialized management for those goods and services;

g) Awarding, presenting, granting prizes or quality certificates, or titles to goods, services, or to traders, organizations, or individuals within the framework of trade fairs and exhibitions in violation of regulations;

h) Failing to handle complaints and feedback from consumers or organizations/individuals regarding trade fairs and exhibitions; and regarding goods displayed at trade fairs and exhibitions as prescribed;

i) Organizing trade fairs and exhibitions abroad under the name of the State of Vietnam, or organizing trade fairs and exhibitions in Vietnam under the name of a province or city, without meeting the prescribed standards.

5. A fine of between VND 30.000.000 and VND 50.000.000 shall be imposed on one of the following acts of violation:

a) Organizing or directly bringing goods and services that are prohibited from export to participate in trade fairs and exhibitions abroad without the approval of the Prime Minister regarding bringing prohibited goods and services to trade fairs and exhibitions abroad;

b) Selling or giving away goods that are prohibited from export but have been temporarily exported to participate in trade fairs or exhibitions abroad without the Prime Minister's approval for the sale or gifting of those goods;

c) Selling or giving away goods that are subject to export permits from competent state agencies without written approval from those agencies for the sale or gifting of such goods;

d) Organizing trade fairs and exhibitions in Vietnam that display or introduce prohibited goods, prohibited services, goods and services restricted from business according to the law, or goods and services supplied by foreign traders that are on the list of prohibited imports according to regulations, or counterfeit goods, goods infringing intellectual property rights, except in cases where the display or introduction is for comparison with genuine goods;

d) Organizing trade fairs and exhibitions where the quality and reputation of the goods and services participating in the fair, or the reputation and prestige of the businesses, organizations, or individuals participating in the trade fair or exhibition, are not consistent with the name and theme of the trade fair or exhibition;

e) Selling, giving away, or supplying imported goods at trade fairs and exhibitions without customs registration, or selling or giving away goods requiring import permits at trade fairs and exhibitions without written approval from the competent state authority.

6. Additional sanctioning forms:

Confiscation of evidence related to violations of the provisions in points a and b of Clause 3 of this Article.

7. Remedies:

a) Mandatory re-export of goods for violations of the regulations specified in point a, clause 4 and point e, clause 5 of this Article;

b) To compel the return of any illegal profits obtained from committing acts that violate the provisions of this Article.

Section 8. VIOLATIONS REGARDING EXPORT AND IMPORT OF GOODS AND SERVICES RELATED TO EXPORT AND IMPORT OF GOODS

Article 36. Violations concerning goods prohibited from export and import.

1. For the act of exporting or importing goods on the list of prohibited exports or imports, the fines are as follows:

a) A fine of VND 10.000.000 to VND 20.000.000 shall be imposed in cases where the value of the infringing goods is less than VND 20.000.000;

b) A fine of VND 20.000.000 to VND 30.000.000 shall be imposed in cases where the value of the infringing goods is from VND 20.000.000 to less than VND 50.000.000;

c) A fine of VND 30.000.000 to VND 50.000.000 shall be imposed in cases where the value of the infringing goods is from VND 50.000.000 to less than VND 70.000.000;

d) A fine of VND 50.000.000 to VND 70.000.000 shall be imposed in cases where the value of the infringing goods is from VND 70.000.000 to less than VND 100.000.000;

d) A fine of VND 70.000.000 to VND 100.000.000 shall be imposed in cases where the value of the infringing goods is VND 100.000.000 or more, but no criminal liability is pursued.

2. Additional sanctioning forms:

Confiscation of evidence related to violations of the provisions of this Article, except in cases where remedial measures as prescribed in point a or point b of paragraph 3 of this Article are applied.

3. Remedies:

a) Mandatory destruction of confiscated items that are harmful to human health, livestock, plants, and the environment for violations of the regulations in this Article, except in cases where remedial measures as prescribed in point b of this clause are applied;

b) To compel the removal from the territory of the Socialist Republic of Vietnam or re-export of infringing goods for violations of the provisions of this Article;

c) To compel the return of any illegal profits obtained from committing acts that violate the provisions of this Article.

Article 37. Violations concerning goods temporarily suspended from export and import.

1. For the act of exporting or importing goods on the list of goods temporarily suspended from export or import without written permission from the competent state management agency, the fines are as follows:

a) A fine of VND 5.000.000 to VND 10.000.000 shall be imposed in cases where the value of the infringing goods is less than VND 20.000.000;

b) A fine of VND 10.000.000 to VND 30.000.000 shall be imposed in cases where the value of the infringing goods is from VND 20.000.000 to less than VND 50.000.000;

c) A fine of VND 30.000.000 to VND 50.000.000 shall be imposed in cases where the value of the infringing goods is from VND 50.000.000 to less than VND 70.000.000;

d) A fine of VND 50.000.000 to VND 70.000.000 shall be imposed in cases where the value of the infringing goods is from VND 70.000.000 to less than VND 100.000.000;

d) A fine of VND 70.000.000 to VND 80.000.000 shall be imposed in cases where the value of the infringing goods is VND 100.000.000 or more, provided that no criminal liability is pursued.

2. Additional sanctioning forms:

The evidence seized for violations of the provisions of this Article shall be confiscated, except in cases where remedial measures as prescribed in Clause 3 of this Article are applied.

3. Remedies:

The infringing goods shall be removed from the territory of the Socialist Republic of Vietnam or re-exported in violation of the provisions of this Article.

Article 38. Violations concerning quotas, export licenses, and import licenses for goods.

1. A fine of VND 5.000.000 to VND 10.000.000 shall be imposed for the act of arbitrarily erasing, altering, supplementing, or changing the content of quotas, export licenses, and import licenses for goods.

2. A fine of VND 10.000.000 to VND 20.000.000 shall be imposed for the illegal use of quotas, export licenses, and import licenses for goods.

3. For the act of exporting or importing goods that are required to have quotas, export licenses, or import licenses but are not subject to such quotas, export licenses, or import licenses, the fines are as follows:

a) A fine of VND 5.000.000 to VND 10.000.000 shall be imposed in cases where the value of the infringing goods is less than VND 20.000.000;

b) A fine of VND 10.000.000 to VND 20.000.000 shall be imposed in cases where the value of the infringing goods is from VND 20.000.000 to less than VND 50.000.000;

c) A fine of VND 20.000.000 to VND 30.000.000 shall be imposed in cases where the value of the infringing goods is from VND 50.000.000 to less than VND 70.000.000;

d) A fine of VND 30.000.000 to VND 50.000.000 shall be imposed in cases where the value of the infringing goods is from VND 70.000.000 to less than VND 100.000.000;

d) A fine of VND 50.000.000 to VND 70.000.000 shall be imposed in cases where the value of the infringing goods is VND 100.000.000 or more, but no criminal liability is pursued.

4. Additional sanctioning forms:

a) Confiscation of infringing items for violations of the provisions in Clauses 1 and 3 of this Article;

b) Revoking the right to use quotas, export licenses, and import licenses for a period of 03 to 06 months for violations of the regulations specified in Clause 2 of this Article in cases of multiple violations or repeated offenses.

Article 39. Violations concerning the entrustment of export and import of goods.

1. A fine of VND 10.000.000 to VND 20.000.000 shall be imposed for the act of entrusting or receiving entrustment for the export or import of goods included in the list of goods subject to conditional temporary import for re-export or temporary export for re-import, but failing to meet the prescribed business conditions.

2. A fine of VND 20.000.000 to VND 30.000.000 shall be imposed for the act of entrusting or receiving entrustment for the export or import of goods included in the list of goods subject to export or import quotas or export/import licenses, where the entrusting party or the entrusted party does not have a quota or license from the competent state management agency as prescribed.

3. A fine of VND 30.000.000 to VND 40.000.000 shall be imposed for the act of entrusting or receiving entrustment for the export or import of goods included in the list of goods temporarily suspended from export or import.

4. A fine of VND 40.000.000 to VND 50.000.000 shall be imposed for the act of entrusting or receiving entrustment for the export or import of goods included in the list of prohibited export or import goods.

Article 40. Violations concerning temporary import for re-export and temporary export for re-import of goods.

1. A fine of VND 5.000.000 to VND 10.000.000 shall be imposed for the act of arbitrarily erasing, altering, modifying, supplementing, or changing the content of temporary import/re-export permits or temporary export/re-import permits for goods on the list of prohibited exports, prohibited imports, temporarily suspended exports, or temporarily suspended imports.

2. A fine of VND 10.000.000 to VND 20.000.000 shall be imposed for the illegal use of temporary import/re-export permits or temporary export/re-import permits for goods on the list of prohibited exports, prohibited imports, temporarily suspended exports, or temporarily suspended imports.

3. A fine of VND 20.000.000 to VND 40.000.000 shall be imposed for the act of temporarily importing and re-exporting goods on the list of goods subject to conditional temporary import and re-export without meeting the prescribed business conditions.

4. A fine of VND 40.000.000 to VND 80.000.000 shall be imposed for the act of temporarily importing and re-exporting, or temporarily exporting and re-importing, goods that require a license from a competent state management agency without the required license.

5. A fine of VND 80.000.000 to VND 100.000.000 shall be imposed for the act of temporarily importing and re-exporting, or temporarily exporting and re-importing goods that are on the list of goods prohibited from temporary import and re-export and temporarily suspended from temporary import and re-export.

6. Additional sanctioning forms:

a) Confiscation of evidence related to violations of the provisions of this Article, except in cases where remedial measures as prescribed in Clause 7 of this Article are applied;

b) Suspend temporary import-re-export and temporary export-re-import business activities for a period of 3 to 03 months for violations of the regulations specified in clauses 06, 4, and 5 of this Article;

c) Revoking the license for temporary import/re-export or temporary export/re-import of goods for a period of 03 to 06 months for violations of the regulations specified in Clause 2 of this Article.

7. Remedies:

a) Mandatory re-export of goods at the import customs point for violations of the provisions in Clauses 3 and 4 of this Article;

b) Forcing the removal from the territory of the Socialist Republic of Vietnam or re-export of goods that violate the provisions of Clause 5 of this Article.

Article 41. Violations concerning the transshipment of goods

1. A fine of VND 5.000.000 to VND 10.000.000 shall be imposed for the act of arbitrarily erasing, altering, modifying, supplementing, or changing the content of a goods import license.

2. A fine of VND 10.000.000 to VND 20.000.000 shall be imposed for the illegal use of a goods re-export license.

3. A fine of VND 20.000.000 to VND 30.000.000 shall be imposed for any of the following acts: re-exporting goods that do not conform to the specified type or quantity as stipulated in the license issued by the competent state management agency.

4. A fine of between VND 30.000.000 and VND 50.000.000 for one of the following acts:

a) The re-export of goods, which is required by regulations to have a license from the competent state management agency, was carried out without a license;

b) Engaging in re-export business involving goods on the list of goods temporarily suspended from re-export.

5. A fine of VND 50.000.000 to VND 80.000.000 shall be imposed for the act of re-exporting goods included in the list of prohibited goods for re-export.

6. Additional sanctioning forms:

a) Confiscation of evidence related to violations of the provisions of this Article, except in cases where remedial measures as prescribed in Clause 7 of this Article are applied;

b) Revoking the license to import goods for a period of 01 to 3 months for violations of the regulations specified in Clause 03 of this Article in cases of multiple violations or repeat offenses;

c) Suspending the import/export business for a period of 03 to 06 months for violations of the regulations specified in clauses 4 and 5 of this Article.

7. Remedies:

Goods that violate the provisions of Clauses 4 and 5 of this Article shall be subject to mandatory removal from the territory of the Socialist Republic of Vietnam or re-export.

Article 42. Violations concerning goods in transit

1. A fine of VND 10.000.000 to VND 20.000.000 shall be imposed for the act of transiting goods through routes other than those permitted, except in cases specified in point a, clause 2 of this Article.

2. A fine of between VND 20.000.000 and VND 30.000.000 shall be imposed on one of the following acts of violation:

a) Goods requiring a transit permit are transiting through routes and border crossings that are not permitted for transit;

b) Goods in transit remain in Vietnamese territory beyond the permitted time limit.

3. A fine of VND 30.000.000 to VND 40.000.000 shall be imposed for the act of transiting goods that, according to regulations, require a license from a competent state management agency without having the necessary license.

4. A fine of VND 40.000.000 to VND 50.000.000 shall be imposed for the illegal consumption of goods and vehicles in transit within the territory of Vietnam.

5. Additional sanctioning forms:

Confiscation of evidence related to violations of the provisions of Clause 4 of this Article.

6. Remedies:

a) To compel the removal from the territory of the Socialist Republic of Vietnam or re-export of goods that violate the provisions of Clauses 1, 2 and 3 of this Article;

b) To compel the return of an amount equal to the value of the goods and means of transit that were illegally consumed, in violation of the provisions of Clause 4 of this Article.

Article 43. Violations concerning the operation of duty-free shops.

1. A fine of VND 2.000.000 to VND 3.000.000 will be imposed for selling duty-free goods in excess of the prescribed quantity.

2. A fine of VND 3.000.000 to VND 5.000.000 shall be imposed for the act of selling duty-free goods to ineligible recipients.

3. For the act of trading goods without the required "Vietnam duty not paid" stamp, or selling duty-free goods such as cigars, cigarettes manufactured abroad, or other goods subject to conditional export or import without the required export or import license, the fines are as follows:

a) A fine of VND 1.000.000 to VND 3.000.000 shall be imposed in cases where the value of the infringing goods is less than VND 5.000.000;

b) A fine of VND 3.000.000 to VND 5.000.000 shall be imposed in cases where the value of the infringing goods is from VND 5.000.000 to less than VND 10.000.000;

c) A fine of VND 5.000.000 to VND 10.000.000 shall be imposed in cases where the value of the infringing goods is from VND 10.000.000 to less than VND 20.000.000;

d) A fine of VND 10.000.000 to VND 20.000.000 shall be imposed in cases where the value of the infringing goods is between VND 20.000.000 and less than VND 30.000.000;

d) A fine of VND 20.000.000 to VND 30.000.000 shall be imposed in cases where the value of the infringing goods is between VND 30.000.000 and less than VND 50.000.000;

e) A fine of VND 30.000.000 to VND 40.000.000 shall be imposed in cases where the value of the infringing goods is VND 50.000.000 or more.

4. A fine of between VND 40.000.000 and VND 50.000.000 shall be imposed on one of the following acts of violation:

a) Trading in goods that are not legally imported at duty-free shops;

b) Illegally consuming goods permitted for import and sale in duty-free shops on the domestic market.

5. A fine of VND 50.000.000 to VND 70.000.000 shall be imposed for the act of conducting business at duty-free shops involving goods prohibited from export, import, or temporarily suspended from export or import as prescribed by regulations.

6. Additional sanctioning forms:

a) Confiscation of evidence related to violations of the provisions in clauses 3, 4, and 5 of this Article;

b) Revocation of the duty-free shop business license for a period of 01 to 3 months for violations of the regulations specified in clauses 2, 03, 4, and 5 of this Article in cases of multiple violations or repeat offenses.

7. Remedies:

The offender shall be required to return any illegal profits obtained from committing acts that violate the provisions of this Article.

Article 44. Violations concerning the origin of exported and imported goods.

1. A fine of VND 10.000.000 to VND 20.000.000 shall be imposed for the act of erasing, altering, or falsifying the content of a Certificate of Origin, a self-certification document of origin, or a self-certification approval document issued by a competent authority.

2. A fine of VND 20.000.000 to VND 30.000.000 shall be imposed for the act of providing false documents or certificates to competent agencies or organizations when requesting the issuance or verification of a Certificate of Origin for goods.

3. A fine of between VND 30.000.000 and VND 50.000.000 shall be imposed on one of the following acts of violation:

a) Falsely certifying the origin of goods after being granted permission to self-certify the origin of goods by a competent state agency;

b) Forging Certificates of Origin or self-certification documents of origin in cases where criminal liability is not incurred;

c) Providing false documents or certificates to competent authorities or organizations when requesting self-certification of origin of goods or verification of self-certified origin documents.

4. A fine of VND 50.000.000 to VND 70.000.000 shall be imposed for the act of using forged Certificates of Origin or self-certification documents of origin in cases where criminal liability is not pursued.

5. Additional sanctioning forms:

Confiscation of evidence related to violations of the provisions of this Article.

6. Remedies:

a) To compel the return of any illegal profits obtained from committing acts that violate the provisions of this Article;

b) To compel the correction of false information regarding the origin of goods for violations of the provisions of this Article.

Article 45. Violations concerning the processing of goods with foreign elements.

1. A fine of VND 10.000.000 to VND 20.000.000 shall be imposed for the act of placing orders for processing or receiving orders for processing goods from foreign traders without a contract as prescribed.

2. A fine of between VND 20.000.000 and VND 40.000.000 shall be imposed on one of the following acts of violation:

a) Consuming in the Vietnamese market leased or borrowed machinery and equipment, or surplus raw materials, auxiliary materials, supplies, waste products, and scrap temporarily imported for processing and processed goods for foreign traders in violation of regulations;

b) Falsifying processing contracts with foreign traders.

3. A fine of VND 40.000.000 to VND 70.000.000 shall be imposed for the act of placing orders for processing goods or receiving goods for processing from foreign traders for export or import goods that require a license, without obtaining the approval of the competent state management agency as prescribed.

4. A fine of between VND 70.000.000 and VND 100.000.000 shall be imposed on one of the following acts of violation:

a) Accepting goods for processing for foreign traders that are on the list of goods prohibited from export, prohibited from import, or temporarily suspended from export or import without written approval from the competent state management agency as prescribed;

b) Outsourcing the processing of goods for domestic consumption that are prohibited from export, prohibited from import, temporarily suspended from export, temporarily suspended from import, or subject to emergency measures prohibiting circulation, recalled, temporarily suspended from circulation, or goods that do not meet food safety standards.

5. Additional sanctioning forms:

Confiscation of evidence related to violations of the provisions in Clauses 2, 3, and 4 of this Article.

6. Remedies:

The offender shall be compelled to return any illegal profits obtained from committing the violations specified in point a, clause 2 and point a, clause 4 of this Article.

Section 9. VIOLATIONS OF CONSUMER RIGHTS PROTECTION

Article 46. Violations concerning the protection of consumer information.

1. A fine of between VND 10.000.000 and VND 20.000.000 shall be imposed on one of the following acts of violation:

a) Failing to clearly and publicly inform consumers about the purpose before collecting and using consumer information as required by regulations;

b) Using consumer information for purposes other than those disclosed to the consumer, without the consumer's consent as required by regulations;

c) Failure to ensure the safety, accuracy, and completeness of consumer information when collecting, using, and transferring it as required by regulations;

d) Failing to self-correct or provide measures for consumers to update or correct information when they discover inaccurate information, as required by regulations;

d) Transferring consumer information to a third party without the consumer's consent as required by law, except where otherwise provided by law.

2. Double the fines stipulated in Clause 1 of this Article shall be imposed in cases where the relevant information is classified as personal information of the consumer.

Article 47. Violations concerning the provision of information about goods and services to consumers.

1. A fine of VND 10.000.000 to VND 20.000.000 shall be imposed on businesses that commit any of the following violations regarding the provision of information about goods and services to consumers:

a) Failure to warn about the potential adverse effects of goods and services on the health, life, and property of consumers, and the preventive measures required by regulations;

b) Failure to provide information on the availability of spare parts and accessories for goods as required;

c) Failure to provide instructions for use or information regarding the conditions, duration, location, and procedures for warranty service in cases where the goods or services are covered by a warranty as stipulated;

d) Failing to accurately and fully inform consumers about standard contracts and general terms and conditions of transactions before the transaction as required;

d) Concealing information or providing incomplete, misleading, or inaccurate information to consumers as required by regulations.

2. A fine of VND 20.000.000 to VND 30.000.000 shall be imposed on third parties who commit any of the following violations regarding the provision of information on goods and services to consumers:

a) Providing incomplete or inaccurate information about goods and services provided as required by regulations;

b) There is no evidence to prove or all legally required measures have not been taken to verify the accuracy and completeness of information about goods and services.

3. A fine of VND 30.000.000 to VND 50.000.000 shall be imposed on media owners and third-party media service providers who commit any of the following violations regarding the provision of information about goods and services to consumers:

a) There are no technical solutions to prevent the means and services under their management from being used to harass consumers;

b) Allowing organizations and individuals engaged in the business of goods and services to use means and services under their management to harass consumers.

4. Additional sanctioning forms:

Revocation of business license or professional certificate for a period of 01 to 06 months, or suspension of operations for a period of 01 to 06 months, for violations of the regulations specified in Clause 3 of this Article in cases of multiple violations or repeat offenses.

5. Remedies:

Mandatory correction of false or misleading information regarding violations of the regulations specified in point d, clause 1 of this Article.

Article 48. Breach of contracts concluded with consumers.

1. A fine of between VND 5.000.000 and VND 10.000.000 shall be imposed on one of the following acts of violation:

a) Signing contracts with consumers using forms and language that do not comply with regulations;

b) Not allowing consumers to review the entire contract before entering into it in cases where the contract is concluded electronically as stipulated.

2. Remedies:

The contract concluded must be amended in accordance with regulations for violations of the provisions specified in point a, clause 1 of this Article.

Article 49. Violations concerning the registration of standard contracts and general terms and conditions of transactions.

1. A fine of VND 20.000.000 to VND 30.000.000 shall be imposed for failing to comply with the request of a competent state agency to cancel or amend the content of a standard contract or general terms and conditions of transaction that violates the law on consumer protection or is contrary to the general principles of contract formation.

2. A fine of between VND 30.000.000 and VND 50.000.000 shall be imposed on one of the following acts of violation:

a) Failure to register or re-register standard contracts and general terms and conditions of transactions with the competent state management agency for consumer protection as prescribed;

b) Failing to notify consumers of changes to standard contracts or general terms and conditions of transactions as required by regulations;

c) Failure to properly apply the standard contract form and general terms and conditions of transaction registered with the competent state management agency for consumer protection as prescribed.

3. The fine shall be doubled for violations of the provisions in Clauses 1 and 2 of this Article if the violation is committed in two or more provinces or centrally-governed cities.

Article 50. Violations concerning the form of standard contracts and general terms and conditions of transactions.

1. A fine of VND 5.000.000 to VND 10.000.000 shall be imposed for the act of using standard contracts or general terms and conditions in transactions with consumers that contain one of the following violations:

a) The font size is smaller than prescribed;

b) The language of the contract is not Vietnamese, unless the parties agree otherwise or the law provides otherwise;

c) The paper background and ink color used to display the content of the standard contract and general terms and conditions of the transaction do not contrast with each other.

2. Remedies:

The standard contract and general terms and conditions of transaction shall be amended to comply with regulations for violations of the provisions of Clause 1 of this Article.

Article 51. Violations concerning the performance of standard contracts and general terms and conditions of transactions.

1. A fine of between VND 10.000.000 and VND 20.000.000 shall be imposed on one of the following acts of violation:

a) Not retaining the standard contract form that has been concluded until the contract expires as stipulated;

b) A copy of the contract will not be provided to the consumer if the contract held by the consumer is lost or damaged as stipulated.

2. A fine of between VND 20.000.000 and VND 30.000.000 shall be imposed on one of the following acts of violation:

a) Failure to publicly announce the general terms and conditions of transactions before engaging in transactions with consumers as required by regulations;

b) The general terms and conditions of transaction do not specify the time of application or are not posted in a convenient location at the transaction site where consumers can see them as required by regulations.

Article 52. Violations concerning the conclusion of contracts and general terms and conditions of transactions with consumers.

1. A fine of VND 10.000.000 to VND 20.000.000 shall be imposed on traders engaged in the business of goods and services who enter into contracts with consumers containing clauses that are invalid according to regulations.

2. A fine of VND 20.000.000 to VND 30.000.000 shall be imposed for violations of the provisions of Clause 1 of this Article in the case of standard contracts or general terms and conditions of transactions.

3. The fine shall be doubled the amount stipulated in Clauses 1 and 2 of this Article if the violation is committed in the territory of two or more provinces or centrally-governed cities.

4. Remedies:

The offender shall be required to return any illegal profits obtained from committing acts that violate the provisions of this Article.

Article 53. Violations concerning contracts concluded remotely

1. A fine of VND 10.000.000 to VND 20.000.000 shall be imposed for the act of entering into a remote contract with consumers in one of the following cases:

a) Failure to provide complete and clear information as required;

b) No refund will be given within 30 days from the date the consumer unilaterally terminates the concluded contract, or no interest will be paid on overdue payments to the consumer as stipulated;

c) Restricting or hindering consumers from unilaterally terminating a concluded contract within ten days from the date of contract conclusion in cases where the business organization or individual provides incorrect or incomplete information as required;

d) Forcing or requiring the consumer to pay costs in order to terminate a concluded contract, except for costs related to the goods or services already consumed by the consumer.

2. Remedies:

The offender shall be compelled to return any illegal profits obtained from committing the violations specified in points b and d of Clause 1 of this Article.

Article 54. Violations concerning the provision of continuous service.

1. A fine of VND 10.000.000 to VND 20.000.000 shall be imposed on businesses providing continuous services to consumers that commit any of the following violations:

a) Failure to provide complete and clear information as required;

b) Failure to sign a written contract or to provide the consumer with a copy of the contract as required;

c) Requiring consumers to pay in advance before the service is provided, unless otherwise agreed upon by the parties;

d) Failing to notify consumers at least 03 working days in advance of the service suspension date in case of repair, maintenance or other reasons as stipulated, except in cases of force majeure or as otherwise provided by law;

d) Failure to promptly inspect and resolve issues reported by consumers regarding service quality as required by regulations;

e) Unilaterally terminating the contract or ceasing to provide services without justifiable reason;

g) Refusing or obstructing consumers from terminating a service contract as stipulated;

h) Forcing consumers to pay for unused portions of the service.

2. Remedies:

The offender shall be compelled to return any illegal profits obtained from committing the violation specified in point h, clause 1 of this Article.

Article 55. Violations of door-to-door sales contracts

1. A fine of VND 10.000.000 to VND 20.000.000 shall be imposed on door-to-door vendors who commit any of the following violations:

a) A door-to-door salesperson who does not provide the name of the business entity, contact telephone number, address, headquarters, or business address is responsible for proposing to enter into a contract;

b) A door-to-door salesperson intentionally contacts a consumer to offer to enter into a contract even after the consumer has refused;

c) Refusing to allow the consumer to withdraw from the contract if the consumer sends written notice of withdrawal within 03 working days from the date of signing the contract;

d) To compel consumers to pay or fulfill other contractual obligations before the expiration of 03 working days from the date of signing the contract, except where otherwise provided by law;

(d) Disclaimer of liability for the actions of door-to-door salespeople in cases where they cause harm to consumers.

e) Failing to adequately and accurately explain to consumers the terms of the contract and information related to the goods and services to be transacted with them;

g) Door-to-door sales contracts are not required to be in writing and a copy given to the consumer, unless the parties agree otherwise.

2. Remedies:

The offender shall be compelled to return any illegal profits obtained from committing the violation specified in point d, clause 1 of this Article.

Article 56. Violations concerning product warranty responsibilities

1. A fine of VND 5.000.000 to VND 10.000.000 shall be imposed on traders who commit any of the following violations in cases where the value of goods under warranty is less than VND 20.000.000:

a) Failure to provide consumers with a Warranty Receipt that clearly states the warranty service period;

b) Failing to provide consumers with similar goods, components, or accessories for temporary use, or failing to offer any other solution acceptable to the consumer during the warranty period;

c) Not exchanging goods, components, or accessories for new, similar ones, or recalling goods, components, or accessories and refunding money to consumers in cases where the warranty period has expired and the defect cannot be repaired or rectified;

d) Not exchanging goods, components, or accessories for new, similar ones, or recalling goods and refunding money to consumers in cases where the goods, components, or accessories have been repaired three or more times within the warranty period but the defect still cannot be rectified;

d) Failure to cover the costs of repair, transportation of goods, components, and accessories to the warranty service location and from the warranty service location to the consumer's residence;

e) Failing to fulfill, improperly fulfilling, or inadequately fulfilling the warranty responsibilities for goods, components, and accessories as committed to consumers;

g) Refusing responsibility for warranty of goods, components, and accessories to consumers in cases where the warranty service has been delegated to another organization or individual.

2. A fine of VND 10.000.000 to VND 20.000.000 shall be imposed for violations of the provisions of Clause 1 of this Article in cases where the value of the goods, components, and accessories involved is from VND 20.000.000 to less than VND 50.000.000.

3. A fine of VND 20.000.000 to VND 30.000.000 shall be imposed for violations of the provisions of Clause 1 of this Article in cases where the value of the goods, components, and accessories involved is from VND 50.000.000 to less than VND 100.000.000.

4. A fine of VND 30.000.000 to VND 40.000.000 shall be imposed for violations of the provisions of Clause 1 of this Article in cases where the value of the goods, components, and accessories involved is from VND 100.000.000 to less than VND 500.000.000.

5. A fine of VND 40.000.000 to VND 50.000.000 shall be imposed for violations of the provisions of Clause 1 of this Article in cases where the value of the goods, components, and accessories involved is from VND 500.000.000 to less than VND 1.000.000.000.

6. A fine of VND 50.000.000 to VND 70.000.000 shall be imposed for violations of the provisions of Clause 1 of this Article in cases where the value of the goods, components, and accessories involved is from VND 1.000.000.000 to less than VND 2.000.000.000.

7. A fine of VND 70.000.000 to VND 100.000.000 shall be imposed for violations of the provisions of Clause 1 of this Article in cases where the value of the goods, components, and accessories involved is VND 2.000.000.000 or more.

Article 57. Violations concerning the responsibility to recall defective goods.

1. A fine of VND 10.000.000 to VND 30.000.000 shall be imposed on traders who manufacture or import defective goods and commit one of the following violations:

a) Failing to take necessary measures to stop the supply of defective goods from the market;

b) Failure to properly recall defective goods as publicly announced or failure to pay the costs incurred during the recall process.

2. A fine of VND 30.000.000 to VND 50.000.000 shall be imposed on traders who manufacture or import defective goods and commit one of the following violations:

a) Failure to publicly announce defective goods and their recall as required by regulations;

b) Failure to report the results of the recall of defective goods to the state agency responsible for consumer protection as required by regulations.

3. Remedies:

Mandatory recall of defective goods resulting from violations of the regulations specified in Clause 1 of this Article.

Article 58. Violations concerning the provision of transaction evidence

1. A warning or a fine ranging from VND 200.000 to VND 500.000 shall be imposed for any of the following violations in cases where the value of goods or services transacted is less than VND 2.000.000:

a) Failing to issue or provide customers or consumers with invoices, receipts, or documents related to transactions when selling goods or providing services as required by regulations;

b) Customers and consumers are prohibited from accessing, downloading, storing, and printing invoices, receipts, and documents in cases where transactions are conducted electronically.

2. A fine of VND 500.000 to VND 1.000.000 shall be imposed for violations of the provisions of Clause 1 of this Article in cases where the value of goods or services transacted is from VND 2.000.000 to less than VND 10.000.000.

3. A fine of VND 1.000.000 to VND 5.000.000 shall be imposed for violations of the provisions of Clause 1 of this Article in cases where the value of goods or services transacted is from VND 10.000.000 to less than VND 20.000.000.

4. A fine of VND 5.000.000 to VND 10.000.000 shall be imposed for violations of the provisions of Clause 1 of this Article in cases where the value of goods or services transacted is from VND 20.000.000 to less than VND 50.000.000.

5. A fine of VND 10.000.000 to VND 20.000.000 shall be imposed for violations of the provisions of Clause 1 of this Article in cases where the value of goods or services transacted is from VND 50.000.000 to less than VND 100.000.000.

6. A fine of VND 20.000.000 to VND 30.000.000 shall be imposed for violations of the provisions of Clause 1 of this Article in cases where the value of goods or services transacted is from VND 100.000.000 to less than VND 200.000.000.

7. A fine of VND 30.000.000 to VND 40.000.000 shall be imposed for violations of the provisions of Clause 1 of this Article in cases where the value of goods or services transacted is from VND 200.000.000 to less than VND 500.000.000.

8. A fine of VND 40.000.000 to VND 50.000.000 shall be imposed for violations of the provisions of Clause 1 of this Article in cases where the value of goods or services transacted is VND 500.000.000 or more.

Article 59. Violations of consumer harassment regulations.

A fine of VND 1.000.000 to VND 2.000.000 shall be imposed on traders engaged in the business of goods and services who commit any of the following violations:

1. Harassing consumers through marketing goods or services against their will on two or more occasions.

2. Engaging in behavior that hinders or disrupts the normal work and daily lives of consumers.

Article 60. Violations related to coercion of consumers.

1. A fine of VND 10.000.000 to VND 30.000.000 shall be imposed for any of the following acts of coercion against consumers:

a) Using force, threatening to use force, or other acts that cause harm to the health, honor, reputation, dignity, or property of consumers in order to coerce them into a transaction;

b) Taking advantage of consumers' difficult circumstances or exploiting natural disasters or epidemics to force transactions.

2. Additional sanctioning forms:

Confiscation of evidence and means used in the violation of the provisions of Clause 1 of this Article.

3. Remedies:

The offender shall be required to return any illegal profits obtained from committing acts that violate the provisions of this Article.

Article 61. Other violations in relations with customers and consumers.

1. A fine of VND 500.000 to VND 1.000.000 shall be imposed for any of the following acts in cases where the value of goods or services transacted is less than VND 5.000.000:

a) Failure to compensate, refund, or exchange goods or services for customers or consumers due to mistakes;

b) Substituting or defrauding goods or services when delivering goods or providing services to customers or consumers;

c) Failing to compensate, refund, or exchange goods or services that have been substituted or fraudulently provided to customers or consumers;

d) Willfully withholding packaging, spare parts, replacement components, promotional items, technical documents, and user manuals when selling goods or providing services;

d) Conducting trade promotion activities or proposing direct transactions with individuals who lack or have lost their legal capacity;

e) Requiring or forcing consumers to pay for goods or services provided without prior agreement with the consumer;

g) Taking advantage of consumers' difficult circumstances or exploiting natural disasters or epidemics to provide goods and services that do not meet quality standards.

 2. A fine of VND 1.000.000 to VND 5.000.000 shall be imposed for violations of the provisions of Clause 1 of this Article in cases where the value of goods or services transacted is from VND 5.000.000 to less than VND 20.000.000.

3. A fine of VND 5.000.000 to VND 10.000.000 shall be imposed for violations of the provisions of Clause 1 of this Article in cases where the value of goods or services transacted is from VND 20.000.000 to less than VND 50.000.000.

4. A fine of VND 10.000.000 to VND 15.000.000 shall be imposed for violations of the provisions of Clause 1 of this Article in cases where the value of goods or services transacted is from VND 50.000.000 to less than VND 100.000.000.

5. A fine of VND 15.000.000 to VND 20.000.000 shall be imposed for violations of the provisions of Clause 1 of this Article in cases where the value of goods or services transacted is VND 100.000.000 or more.

6. A fine of between VND 1.000.000 and VND 5.000.000 shall be imposed on one of the following acts of violation:

a) Failure to provide explanations, or providing explanations late, or failure to provide information, documents, or evidence as requested by state management agencies on consumer protection as prescribed;

b) Refusing to accept a consumer's request for negotiation or failing to negotiate with the consumer within no more than 07 working days from the date of receiving the consumer's request as stipulated.

7. Additional sanctioning forms:

Revocation of business license, business eligibility certificate, or professional certificate for a period of 01 to 03 months, or suspension of operations for a period of 01 to 03 months, for violations of the regulations specified in Clauses 4 and 5 of this Article in cases of multiple violations or repeat offenses.

8. Remedies:

a) Mandatory recall of goods that do not meet quality standards for violations of the regulations specified in point g, clause 1, in the cases stipulated in clauses 1 to 5 of this Article;

b) To compel the return of any illegal profits obtained from committing acts violating the provisions of Clauses 1, 2, 3, 4, and 5 of this Article.

Section 10. VIOLATIONS RELATED TO ELECTRONIC COMMERCE

Article 62. Violations concerning the establishment of e-commerce websites or e-commerce applications on mobile platforms (hereinafter referred to as mobile applications)

1. A fine of between VND 1.000.000 and VND 5.000.000 shall be imposed on one of the following acts of violation:

a) Failure to submit the required notification documents related to the e-commerce website or mobile application for selling goods (hereinafter referred to as the sales application);

b) Failure to supplement the registration dossier related to the website providing e-commerce services or the application providing e-commerce services on mobile platforms (hereinafter referred to as e-commerce service application) as prescribed;

c) Failure to notify the competent state agency of amendments or additions as required when there are changes to information related to the e-commerce website or sales application after having notified the competent state agency as required;

d) Failure to comply with regulations regarding the form and format of information published on e-commerce service websites or e-commerce service applications;

d) Failure to fully disclose or inaccurate disclosure on e-commerce websites or sales applications of information about the website or application owner, information on goods and services, information on prices, shipping and delivery information, information on general terms and conditions of transactions, and information on payment methods as prescribed;

e) Acquiring a sales website or sales application without completing the transfer procedures or notifying the competent state management agency as required.

2. A fine of between VND 5.000.000 and VND 10.000.000 shall be imposed on one of the following acts of violation:

a) Providing incomplete or false information when notifying competent state management agencies about the establishment of e-commerce websites or sales applications;

b) Publishing registration information on a website providing e-commerce services or an e-commerce service application that does not conform to the content registered with the competent state management agency;

c) Using the notified symbol on an e-commerce website or sales application without prior approval or confirmation from the competent state authority as required by regulations;

d) Failure to provide information on business operations or to explain the operation of the e-commerce website or e-commerce application when requested by competent state agencies for the purpose of e-commerce statistics, inspection, examination, and handling of violations in e-commerce as prescribed.

3. A fine of between VND 10.000.000 and VND 20.000.000 shall be imposed on one of the following acts of violation:

a) Failure to notify the competent state management agency about the e-commerce website or sales application as required by regulations;

b) Failure to notify the competent state management agency of any changes to information related to the e-commerce service website or e-commerce service application registered with the competent state management agency as prescribed;

c) Deceiving or providing false information when announcing the sale of goods on an e-commerce website or sales application;

d) Falsifying information in announcements on e-commerce websites or sales applications.

4. A fine of between VND 20.000.000 and VND 30.000.000 shall be imposed on one of the following acts of violation:

a) Failure to register a website or application providing e-commerce services with the competent state management agency as required by law;

b) Acquiring a website providing e-commerce services or an e-commerce service application without completing the transfer procedures or without re-registering with the competent state management agency as required;

c) Implementing e-commerce services in a manner inconsistent with the registration documents;

d) Deceiving or providing false information when registering a website providing e-commerce services or an e-commerce service application;

d) Falsifying registration information on e-commerce service websites or e-commerce service applications;

e) Using a registered logo on a website providing e-commerce services or an e-commerce service application without prior registration confirmation from the competent state authority as prescribed;

g) Continuing to provide e-commerce services after the termination or cancellation of registration.

5. Additional sanctioning forms:

The e-commerce business shall be suspended for a period of 06 to 12 months for violations of the regulations specified in Clauses 2, 3, and 4 of this Article in cases of multiple violations or repeat offenses.

6. Remedies:

Mandatory revocation of the “.vn” domain name of the e-commerce website or mandatory removal of the mobile application from app stores or from the provided addresses for violations of the regulations specified in points b, c, d, e, f, and g of Clause 4 of this Article.

Article 63. Violations concerning information and transactions on e-commerce websites or mobile applications.

1. A fine of between VND 1.000.000 and VND 5.000.000 shall be imposed on one of the following acts of violation:

a) Failing to provide customers with complete information about the merchant, organization, or individual owning the e-commerce website or mobile application, information about goods, services, prices, shipping, delivery, payment methods, contract terms, and general terms and conditions of transactions before the customer enters into a contract using the online ordering function on the e-commerce website or mobile application;

b) Customers are not allowed to review, add, modify, or confirm the transaction details before using the online ordering function on the e-commerce website or mobile application to submit a contract proposal;

c) Establishing a website providing e-commerce services or an e-commerce service application or a website providing other online services without transparently and fully disclosing information about the contract termination process and procedures as required by law;

d) Establishing an online ordering function on an e-commerce website or mobile application, but the contract conclusion process does not comply with legal regulations.

2. A fine of between VND 5.000.000 and VND 10.000.000 shall be imposed on one of the following acts of violation:

a) Using the link to provide information that contradicts or misleads the information published on the e-commerce website or mobile application containing the link;

b) Interfering with the operating system and internet browser on electronic devices accessing e-commerce websites or mobile applications in order to force customers to stay on the website or install the mobile application against their will.

3. A fine of between VND 10.000.000 and VND 20.000.000 shall be imposed on one of the following acts of violation:

a) Providing false information about merchants, organizations, or individuals owning e-commerce websites or mobile applications, information about goods, services, prices, shipping, delivery, payment methods, contract terms, and general terms and conditions of transactions on e-commerce websites or mobile applications;

b) Providing information, conducting business, or trading in counterfeit goods, goods or services that infringe intellectual property rights, or goods or services prohibited from being traded on the internet;

c) Customers are not allowed to store transaction confirmation information after entering into a contract using the online ordering function on e-commerce websites or mobile applications;

d) Implementing online payment functionality on e-commerce websites or mobile applications without a mechanism for customers to review and confirm details of each payment transaction before using this function to make a payment;

d) Failure to store data on payment transactions conducted through its system within the prescribed timeframe;

e) Failing to comply with the terms of the concluded contract or unilaterally terminating the concluded contract using the online ordering function on the e-commerce website or mobile application as prescribed;

g) Failure to provide information and statistical reports on the provision of payment intermediary services for e-commerce websites to the competent state management agency as required by regulations.

4. A fine of between VND 20.000.000 and VND 30.000.000 shall be imposed on one of the following acts of violation:

a) Using links, logos, or other technologies to create confusion about any connection with other businesses, organizations, or individuals;

b) Using the logos of e-commerce website or mobile application credibility rating programs without official recognition from these programs;

c) Falsifying the information of other merchants, organizations, or individuals to participate in e-commerce activities;

d) Failure to implement measures to ensure the safety and security of customer payment transactions.

5. A fine of between VND 30.000.000 and VND 40.000.000 shall be imposed on one of the following acts of violation:

a) Falsifying or copying the interface of another business, organization, or individual's e-commerce website or mobile application for profit or to mislead or undermine customer trust in that business, organization, or individual;

b) Stealing, disclosing, transferring, or selling information related to the trade secrets of other businesses or organizations, or the personal information of consumers in e-commerce without the consent of the parties involved.

6. A fine of between VND 40.000.000 and VND 50.000.000 shall be imposed on one of the following acts of violation:

a) Deceiving customers on e-commerce websites or mobile applications;

b) Exploiting the guise of e-commerce business activities to illegally raise capital from other businesses, organizations, or individuals.

7. Additional sanctioning forms:

a) Confiscate the evidence and means used to commit the violations specified in clauses 5 and 6 of this Article;

b) Suspension of e-commerce activities for a period of 6 to 12 months for violations of the regulations specified in clauses 5 and 06 of this Article.

8. Remedies:

a) To compel correction of false or misleading information regarding violations of the provisions in point a of clause 3, points a, b and c of clause 4 and point a of clause 5 of this Article;

b) To compel the revocation of the “.vn” domain name of the e-commerce website or to compel the removal of the mobile application from app stores or from the provided addresses for violations of the regulations in clauses 5 and 6 of this Article;

c) To compel the return of any illegal profits obtained from committing the violations specified in Clauses 5 and 6 of this Article.

Article 64. Violations concerning the provision of e-commerce services

1. A fine of between VND 1.000.000 and VND 5.000.000 shall be imposed on one of the following acts of violation:

a) Failure to clearly disclose on the website the procedures for receiving and handling customer complaints and the dispute resolution mechanism related to contracts concluded on online promotional websites or e-commerce service applications;

b) Failure to publicly disclose the mechanism for resolving disputes arising during transactions on e-commerce trading platforms, online auction websites, or e-commerce service applications;

c) Failure to fully disclose information about goods and services being promoted on online promotional websites or e-commerce service applications as required by regulations;

d) Failing to provide customers with complete information regarding the location and time of the auction, the auction notice, the method of determining the buyer, and the announcement of auction results on the website or online auction application as required.

2. A fine of between VND 5.000.000 and VND 10.000.000 shall be imposed on one of the following acts of violation:

a) Establishing an online ordering function on a website or e-commerce application to allow merchants, organizations, and individuals to enter into contracts, but the contract conclusion process does not comply with legal regulations;

b) Failing to assist customers in protecting their legal rights and interests when conflicts arise with sellers in transactions on e-commerce websites or e-commerce applications;

c) Failure to notify the auction results and send them to the seller, buyer, and other relevant parties as required;

d) Failing to provide the seller with information about the progress of the auction they are holding when requested.

3. A fine of between VND 10.000.000 and VND 20.000.000 shall be imposed on one of the following acts of violation:

a) Failure to ensure the security of consumers' personal information and information related to the business secrets of merchants, organizations, and individuals participating in transactions on e-commerce service websites or e-commerce service applications;

b) Failing to publish regulations or publishing regulations on a website other than the information in the registration dossier for the e-commerce service provider website or e-commerce service application that has been confirmed by the competent state management agency;

c) Changing the content of the regulations of the e-commerce service website or e-commerce service application without notifying the service users before applying those changes;

d) There is no mechanism for checking and monitoring to ensure that the information provided by sellers on e-commerce websites or mobile applications is accurate and complete;

d) Establishing a website providing e-commerce services or an e-commerce service application or a website providing other online services without providing customers with an online tool for them to submit a request to terminate the contract when they no longer need the service;

e) Unilaterally terminating a contract or ceasing to provide services on an e-commerce website or e-commerce application or other online service website without notifying customers or without a justifiable reason.

4. A fine of between VND 20.000.000 and VND 30.000.000 shall be imposed on one of the following acts of violation:

a) Merchants, organizations, and individuals selling on e-commerce websites or e-commerce applications are not required to provide information as stipulated by regulations;

b) Do not store registration information of merchants, organizations, or individuals participating in e-commerce service websites or e-commerce service applications;

c) Establishing an online auction website or e-commerce service application but failing to provide tools for sellers to publicly and accurately announce and list necessary information related to auctioned goods, including images of the goods and accompanying promotional materials;

d) Establishing an online auction website or e-commerce service application, but the technical system serving the online auction activity does not comply with legal regulations;

d) There are no measures in place to prevent and remove from e-commerce websites or mobile applications information selling goods or providing services that fall under the category of goods and services prohibited from business according to the law, and goods and services subject to business restrictions according to regulations.

5. A fine of between VND 30.000.000 and VND 40.000.000 shall be imposed on one of the following acts of violation:

a) Failure to take timely action upon detecting or receiving reports of illegal business practices on e-commerce service websites or e-commerce service applications;

b) Failing to provide information and support to state management agencies in investigating illegal business practices on e-commerce service websites or e-commerce service applications;

c) Arbitrarily altering, deleting, canceling, copying, disclosing, or illegally moving customer payment information on e-commerce service websites or e-commerce applications, or allowing customer payment information obtained through e-commerce service websites or e-commerce applications to be compromised, causing damage to customers.

6. A fine of VND 40.000.000 to VND 50.000.000 shall be imposed for the act of organizing a business or marketing network for e-commerce services in which each participant must pay an initial fee to purchase the service and receive commissions, bonuses, or other economic benefits from recruiting others to join the network.

7. Additional sanctioning forms:

a) Confiscate the evidence and means used to commit the violations stipulated in Clause 6 of this Article;

b) Suspension of e-commerce activities for a period of 6 to 12 months for violations of the regulations specified in Clause 06 of this Article.

8. Remedies:

a) Mandating the revocation of the “.vn” domain name of the e-commerce website or mandating the removal of the mobile application from app stores or from the provided addresses for violations of the regulations specified in Clause 6 of this Article;

b) To compel the return of any illegal profits obtained from committing the violation specified in Clause 6 of this Article.

Article 65. Violations of personal data protection in e-commerce activities.

1. A fine of between VND 1.000.000 and VND 5.000.000 shall be imposed on one of the following acts of violation:

a) Developing policies to protect personal information in violation of regulations;

b) Failing to publicly display the personal data protection policy in a prominent location on the e-commerce website for consumers.

2. A fine of between VND 5.000.000 and VND 10.000.000 shall be imposed on one of the following acts of violation:

a) Failing to clearly display to consumers the personal data protection policy before or at the time of data collection;

b) Not checking, updating, adjusting, or deleting personal information when requested by the data subject;

c) There is no mechanism for the data subject to express explicit consent when collecting information, through online functions on websites, email, text messages, or other methods agreed upon by both parties;

d) There is no separate mechanism for data subjects to choose whether or not to allow the use of their personal information in cases such as: sharing, disclosing, or transferring information to a third party, or using personal information to send advertisements, product promotions, and other commercial information.

3. A fine of between VND 10.000.000 and VND 20.000.000 shall be imposed on one of the following acts of violation:

a) Failure to establish a mechanism for receiving and resolving consumer complaints related to the misuse or unauthorized use of personal information;

b) Failure to develop, issue, or implement policies that ensure the safety and security of the collection and use of consumers' personal information;

c) Failure to publish on the website a policy regarding the security of customer payment information for websites with online payment functionality.

4. A fine of VND 20.000.000 to VND 30.000.000 shall be imposed for any of the following violations.

a) Collecting consumers' personal information without their prior consent;

b) Establishing a default mechanism that forces consumers to consent to their personal information being shared, disclosed, or used for advertising and other commercial purposes;

c) Using consumers' personal information for purposes and scopes other than those stated.

5. Additional sanctioning forms:

The e-commerce business shall be suspended for a period of 06 to 12 months for violations of the regulations specified in Clause 4 of this Article in cases of multiple violations or repeat offenses.

6. Remedies:

The offender shall be compelled to return any illegal profits obtained from committing the violation stipulated in Clause 4 of this Article.

Article 66. Violations concerning evaluation, monitoring, and certification activities in e-commerce.

1. A fine of between VND 5.000.000 and VND 10.000.000 shall be imposed on one of the following acts of violation:

a) Failure to publish evaluation, monitoring, and certification processes and criteria on e-commerce websites or mobile applications;

b) Failure to supplement the registration dossier for assessment, monitoring, and certification activities on the e-commerce website or mobile application as required;

c) Failure to supplement, update, and publish the list of e-commerce websites or mobile applications that it has evaluated, monitored, and certified as required.

2. A fine of between VND 10.000.000 and VND 20.000.000 shall be imposed on one of the following acts of violation:

a) Failure to properly implement the published procedures and criteria for evaluation, monitoring, and certification;

b) Failing to monitor the activities of e-commerce websites or mobile applications that it has evaluated, supervised, and certified.

3. A fine of between VND 20.000.000 and VND 30.000.000 shall be imposed on one of the following acts of violation:

a) Providing e-commerce assessment, monitoring, and certification services that do not conform to the registration or licensing documents;

b) Failure to fulfill statistical and reporting obligations as required.

4. A fine of between VND 30.000.000 and VND 40.000.000 shall be imposed on one of the following acts of violation:

a) Providing evaluation, monitoring, and certification services in e-commerce without having obtained registration or licensing confirmation as required by regulations;

b) Deceiving or providing false information when registering for or applying for licenses to provide assessment, monitoring, and certification services in e-commerce;

c) Failing to cooperate with state management agencies in inspecting, examining, and handling e-commerce websites or mobile applications that have been awarded a trust symbol but show signs of violating the law;

d) Failing to cooperate with state management agencies in inspecting, examining, and handling businesses and organizations that have been certified regarding personal data protection policies but show signs of violating the law;

d) Failing to provide documentation and support to state management agencies in investigating violations of the law related to electronic documents that they store and certify.

5. A fine of between VND 40.000.000 and VND 50.000.000 shall be imposed on one of the following acts of violation:

a) Exploiting the evaluation, monitoring, and certification activities in e-commerce to gain illicit profits;

b) Continuing operations after the termination or cancellation of registration, termination or revocation of the License for evaluating, monitoring and certifying activities in e-commerce.

6. Additional sanctioning forms:

a) Revoking the license to operate in evaluating and certifying personal data protection policies, and the license to authenticate electronic contracts in e-commerce for a period of 06 to 12 months for violations of the regulations specified in point b, clause 4 and point a, clause 5 of this Article;

b) Suspend the operation of evaluating the credibility of e-commerce websites or mobile applications for a period of 06 to 12 months for violations of the regulations specified in points a and b of clause 4 and point a of clause 5 of this Article.

7. Remedies:

The offender shall be compelled to return any illegal profits obtained from committing the violation stipulated in Clause 5 of this Article.

Section 11. VIOLATIONS REGARDING THE ESTABLISHMENT AND COMMERCIAL OPERATIONS OF FOREIGN BUSINESSES AND FOREIGN NATIONALS IN VIETNAM

Article 67. Violations concerning the establishment and operation of representative offices of foreign traders in Vietnam (hereinafter referred to as representative offices)

1. A fine of between VND 5.000.000 and VND 10.000.000 shall be imposed on one of the following acts of violation:

a) Making false declarations in the application for the issuance, re-issuance, adjustment, or extension of a license to establish a representative office;

b) Failure to publicly post notices as required upon termination of the representative office's operations.

2. A fine of between VND 10.000.000 and VND 20.000.000 shall be imposed on one of the following acts of violation:

a) Not having a registered office location, or subleasing a registered office location, or operating at an address different from that stated in the representative office establishment license;

b) Failure to submit periodic reports or submitting dishonest reports on the activities of the representative office to the competent state management agency that issued the license as required;

c) Failure to submit reports, provide documents, or explain matters related to the operation of the representative office as required by competent state management agencies as prescribed;

d) Failure to process the adjustment or re-issuance of the representative office establishment license in cases prescribed by law;

d) Adding, erasing, or altering the content recorded in the issued representative office establishment license.

3. A fine of between VND 20.000.000 and VND 30.000.000 shall be imposed on one of the following acts of violation:

a) Falsifying documents in the application file for the issuance, re-issuance, adjustment, or extension of a license to establish a representative office, in cases where there is no criminal prosecution;

b) Operating in a manner inconsistent with the content stated in the representative office's license;

c) The head of the representative office also serves as the head of the branch of the same foreign trader or of another foreign trader in Vietnam;

d) The head of the representative office also serves as the legal representative of the foreign trader;

d) The head of the representative office also serves as the legal representative of the economic organization established under Vietnamese law;

e) Renting, borrowing, or leasing/lending the license to establish a representative office.

4. A fine of between VND 30.000.000 and VND 50.000.000 shall be imposed on one of the following acts of violation:

a) Continuing operations after the foreign trader has ceased operations;

b) Continuing operations after the competent state management agency revokes the license to establish a representative office or the license expires and is not renewed.

5. Additional sanctioning forms:

a) Confiscation of infringing items for the acts specified in point d, clause 2 of this Article;

b) Revocation of the license to establish a representative office for a period of 01 to 3 months for violations of the regulations specified in points b, c, d, e, and f of Clause 03 of this Article.

6. Remedies:

The offender shall be compelled to return any illegal profits obtained from committing the violation specified in point e, clause 3 of this Article.

Article 68. Violations concerning the establishment and operation of representative offices of foreign trade promotion organizations in Vietnam (hereinafter referred to as offices)

1. A fine of between VND 10.000.000 and VND 20.000.000 shall be imposed on one of the following acts of violation:

a) Making false or inaccurate declarations in the application for the issuance, amendment, re-issuance, or extension of a license to establish an office;

b) Failure to publicly notify the operation of the office in Vietnam after the issuance, re-issuance, amendment, or extension of the office establishment license as required;

c) Failure to amend the establishment license within the prescribed time limit when changing the head of the office; changing the location of the office's headquarters; changing the name or activities of the licensed office; changing the location of the head office of a foreign trade promotion organization; changing the name or changing the place of registration of a foreign trade promotion organization from one country to another, or changing the activities of a foreign trade promotion organization;

d) Adding, erasing, or altering the content recorded in the issued office establishment license;

d) The office's location is not the same as that stated in the office establishment license;

e) Subleasing office premises or acting as a representative for other trade promotion organizations.

2. A fine of between VND 20.000.000 and VND 30.000.000 shall be imposed on one of the following acts of violation:

a) Failure to submit reports, or submitting reports late, or failure to provide documents or explanations regarding matters related to the office's operations as requested by competent state authorities;

b) Operating in a manner inconsistent with the content stipulated in the office establishment license;

c) The head of the office also serves as the head of the representative office of another foreign trader or organization in Vietnam;

d) Continuing operations after the establishment license has been revoked by the licensing authority or after the expiration of the operating period stated in the establishment license without renewal;

(d) Continuing operations after a foreign trade promotion organization has ceased operations.

3. A fine of between VND 30.000.000 and VND 50.000.000 shall be imposed on one of the following acts of violation:

a) Establish a representative office under the direct supervision of the representative office of a trade promotion organization in Vietnam;

b) Conducting trade promotion activities in Vietnam without establishing an office in Vietnam as required by regulations;

c) Establishing an unauthorized office in Vietnam;

d) Directly carry out profit-generating activities in Vietnam.

4. Additional sanctioning forms:

Confiscation of infringing items in accordance with the provisions of point d, clause 1 of this Article.

5. Remedies:

The offender shall be compelled to return any illegal profits obtained from committing the violations specified in point e, clause 1 and point d, clause 3 of this Article.

Article 69. Violations concerning the establishment and commercial operation of branches of foreign traders in Vietnam (hereinafter referred to as branches)

1. A fine of VND 10.000.000 to VND 20.000.000 shall be imposed for the act of making false declarations in the application for the issuance, re-issuance, adjustment, or extension of a branch establishment license.

2. A fine of between VND 20.000.000 and VND 30.000.000 shall be imposed on one of the following acts of violation:

a) Having no branch office, subleasing a branch office, or operating at an address different from that stated in the branch establishment license;

b) Failure to submit periodic reports or submitting dishonest reports on the branch's operations to the competent state management agency that issued the license as required;

c) Failure to submit reports, documents, or explanations regarding matters related to the branch's operations as required by competent state management agencies;

d) Failure to process adjustments or reissue branch establishment licenses in cases stipulated by law;

d) Adding, erasing, or modifying the content recorded in the issued branch establishment license.

3. A fine of between VND 30.000.000 and VND 40.000.000 shall be imposed on one of the following acts of violation:

a) Falsifying documents in the application file for the issuance, re-issuance, adjustment, or extension of a branch establishment license in cases where criminal liability is not pursued;

b) Operating in a manner inconsistent with the content stated in the branch establishment license;

c) The head of the branch also serves as the head of the representative office of the same foreign trader or of another foreign trader in Vietnam;

d) The head of the branch also serves as the legal representative of the economic organization established under Vietnamese law;

d) Renting, borrowing, or leasing/lending the license to establish a branch.

4. A fine of between VND 40.000.000 and VND 50.000.000 for one of the following acts:

a) Continuing operations after the foreign trader has ceased operations;

b) Continuing operations after the competent state management agency revokes the branch establishment license or the license expires and is not renewed.

5. Additional sanctioning forms:

a) Confiscation of infringing items for the acts specified in point d, clause 2 of this Article;

b) Revocation of the branch establishment license for a period of 01 to 3 months for violations of the regulations specified in points b, c, d, and e of Clause 03 of this Article.

6. Remedies:

The offender shall be compelled to return any illegal profits obtained from committing the violations specified in point d, clause 3 and clause 4 of this Article.

Article 70. Violations concerning the trading of goods and activities directly related to the trading of goods by foreign-invested enterprises in Vietnam.

1. A fine of between VND 10.000.000 and VND 20.000.000 shall be imposed on one of the following acts of violation:

a) Making false declarations in the application for issuance, re-issuance, amendment, supplementation, or extension of a business license or retail establishment license;

b) Failure to report the loss of a business license or retail establishment license to the competent state management agency as required;

c) Failure to submit reports, documents, or explanations regarding matters related to the business's operations to competent state management agencies as required by regulations.

2. A fine of between VND 20.000.000 and VND 30.000.000 shall be imposed on one of the following acts of violation:

a) Failure to follow the prescribed procedures for amending business licenses or retail establishment licenses when changing any of the contents recorded in the business license or retail establishment license;

b) The procedure for reissuing a business license or retail establishment license will not be carried out in cases where the business license or retail establishment license is lost, torn, damaged, burned, or otherwise destroyed as prescribed.

3. A fine of between VND 30.000.000 and VND 40.000.000 shall be imposed on one of the following acts of violation:

a) Organizing a network for purchasing and collecting goods in Vietnam for export in violation of Vietnamese law and international treaties to which the Socialist Republic of Vietnam is a signatory;

b) Organizing or participating in a goods distribution system in Vietnam that violates Vietnamese law and international treaties to which the Socialist Republic of Vietnam is a party;

c) Trading in goods and services that are inconsistent with Vietnam's market opening commitments or with Vietnamese law;

d) Activities outside the scope of what is stated in the business license or retail establishment license;

(d) Establishing an illegal retail outlet in Vietnam.

4. A fine of VND 40.000.000 to VND 50.000.000 shall be imposed for continuing to operate after the business license or retail establishment license has been revoked by a competent state management agency, or after the business license or retail establishment license has expired and has not been renewed.

5. Additional sanctioning forms:

Revocation of business license or retail establishment license for a period of 01 to 3 months, or suspension of operations for a period of 03 to 01 months, for violations of the regulations specified in Clause 03 of this Article.

6. Remedies:

The offender shall be compelled to return any illegal profits obtained from committing acts violating the provisions of Clauses 3 and 4 of this Article.

Article 71. Violations concerning the exercise of export and import rights by foreign traders without a presence in Vietnam.

1. A fine of between VND 10.000.000 and VND 20.000.000 shall be imposed on one of the following acts of violation:

a) Making false declarations in the application for issuance, re-issuance, amendment, supplementation, or extension of the certificate of registration of export rights or import rights;

b) Failure to register contact information with the competent state management agency as required;

c) Failure to carry out procedures for amending, supplementing, reissuing, or extending certificates of registration for export and import rights as prescribed;

d) Failure to comply with, or improper compliance with, regulations on public disclosure through Vietnamese mass media after the issuance, amendment, supplementation, or renewal of the certificate of registration of export and import rights.

2. A fine of between VND 20.000.000 and VND 30.000.000 for one of the following acts:

a) Failure to submit annual reports or ad hoc reports as required by state management agencies regarding the export and import situation of traders as prescribed, or submitting incomplete, inaccurate, or untimely reports;

b) Failure to send a written notice of cessation of operations to the agency that issued the certificate of registration for export or import rights, or sending the notice late before the expected date of cessation of operations as prescribed;

c) Failure to comply with, or improper compliance with, regulations regarding public disclosure through Vietnamese mass media when planning to cease operations.

3. A fine of between VND 30.000.000 and VND 40.000.000 for one of the following acts:

a) Falsifying documents in applications for the issuance, re-issuance, amendment, supplementation, or extension of certificates of registration for export and import rights, in cases where criminal liability is not pursued;

b) Purchasing goods for export or selling imported goods to Vietnamese traders who are not registered to trade in those types of goods;

c) Exporting goods that do not conform to the types of goods permitted for export as stated in the issued, amended, supplemented, or extended export and import right registration certificate;

d) Importing goods that do not conform to the types of goods permitted for import as stated in the issued, amended, supplemented, or extended export and import right registration certificate.

4. A fine of VND 40.000.000 to VND 50.000.000 shall be imposed for the act of exporting or importing goods when the certificate of registration for export or import rights has been revoked by the competent state management agency, or when the certificate of registration for export or import rights has expired and has not been renewed.

5. Additional sanctioning forms:

Confiscation of evidence related to violations of the provisions in point d, clause 3 and clause 4 of this Article, except in cases where remedial measures as prescribed in clause 6 of this Article are applied.

6. Remedies:

The goods shall be forcibly removed from the territory of the Socialist Republic of Vietnam at the import border gate or for the re-export of the seized goods in the case of importing goods as stipulated in point d, clause 3 and clause 4 of this Article.

Article 72. Violations concerning commercial activities of foreigners in Vietnam.

1. A fine of VND 10.000.000 to VND 20.000.000 shall be imposed on foreigners who illegally consume, within the territory of Vietnam, imported duty-free consumer goods for use according to prescribed standards.

2. A fine of VND 20.000.000 to VND 30.000.000 shall be imposed on foreigners who engage in illegal commercial activities within the territory of Vietnam.

3. A fine of VND 30.000.000 to VND 50.000.000 shall be imposed on foreigners who commit any of the following violations:

a) Organized illegal commercial activities within the territory of Vietnam;

b) Illegally consuming within the territory of Vietnam vehicles, transport equipment, communication machinery, office equipment, and imported furniture that are exempt from import duties for use according to prescribed standards;

c) Illegally consuming within Vietnamese territory vehicles and transport vehicles that have temporarily entered Vietnam.

4. Additional sanctioning forms:

Confiscation of evidence and means used in the commission of the violation as stipulated in this Article.

5. Remedies:

The offender shall be required to return any illegal profits obtained from committing acts that violate the provisions of this Article.

Section 12. OTHER VIOLATIONS IN COMMERCIAL ACTIVITIES

Article 73. Violations related to multi-level marketing business activities.

1. A fine of VND 3.000.000 to VND 5.000.000 shall be imposed on individuals participating in multi-level marketing who commit any of the following violations:

a) Conducting marketing, sales, and multi-level marketing network development activities without being issued a membership card;

b) Failure to present membership card before introducing, marketing, or selling products.

2. A fine of VND 5.000.000 to VND 10.000.000 shall be imposed on individuals participating in multi-level marketing who commit any of the following violations:

a) Failure to comply with the multi-level marketing participation contract and the business's operating rules;

b) Participating in multi-level marketing without meeting the eligibility requirements for participation as stipulated by regulations;

c) Multi-level marketing activities in localities where the business has not been granted registration confirmation for multi-level marketing activities in that locality.

3. A fine of VND 10.000.000 to VND 20.000.000 shall be imposed on individuals participating in multi-level marketing who commit any of the following violations:

a) Requiring others to pay a deposit or a certain amount of money, or to purchase a certain quantity of goods in order to sign a contract to participate in multi-level marketing;

b) Providing false or misleading information about compensation plans, operating rules, benefits of participating in multi-level marketing, features and uses of goods, or the operations of multi-level marketing businesses;

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

d) Enticing, persuading, or bribing participants in multi-level marketing schemes of other businesses to join the network of the business they are currently participating in;

d) Abusing one's position, authority, social status, or profession to encourage, request, entice, or persuade others to participate in multi-level marketing networks or purchase goods sold through multi-level marketing methods.

4. A fine of between VND 20.000.000 and VND 30.000.000 shall be imposed on one of the following acts of violation:

a) Participating in the activities of organizations or individuals conducting multi-level marketing without having been granted a certificate of registration for multi-level marketing activities;

b) Organizing conferences, seminars, training courses, or presentations about multi-level marketing business activities of organizations or individuals conducting multi-level marketing but who have not been granted a certificate of registration for multi-level marketing activities.

5. A fine of VND 30.000.000 to VND 50.000.000 shall be imposed for conducting multi-level marketing business without a certificate of registration for multi-level marketing activities, resulting in illicit profits of less than VND 200.000.000 or causing damage to others of less than VND 500.000.000, except for cases specified in point h, clause 9 of this Article.

6. A fine of VND 30.000.000 to VND 40.000.000 shall be imposed on multi-level marketing businesses that commit one of the following violations:

a) Failure to comply with, or improper compliance with, the procedures for requesting amendments or additions to the certificate of registration for multi-level marketing activities as prescribed by law;

b) Failure to comply with, or improper compliance with, the notification procedures in case of changes to the list of goods traded through multi-level marketing as prescribed by law;

c) Failure to follow the procedure for requesting the re-issuance of a multi-level marketing business registration certificate in cases where the law stipulates it;

d) Signing a multi-level marketing participation contract with an individual who does not meet the eligibility requirements for participating in multi-level marketing as stipulated by law;

d) Signing a multi-level marketing participation contract that does not include all the basic contents as prescribed by law;

e) Not terminating contracts with multi-level marketing participants when those participants are penalized for prohibited conduct in multi-level marketing activities;

g) Failure to comply with or improper compliance with regulations regarding the compilation of trainer lists, retention of accompanying records, publication of trainer lists on the website, and notification to the Ministry of Industry and Trade;

h) Failing to comply with or improperly complying with regulations regarding updating the list of trainers on the enterprise's website and notifying the Ministry of Industry and Trade of any changes to the list of trainers;

i) Failure to comply with or improper compliance with regulations regarding the public posting at the head office, branches, representative offices, and business locations of the business entity of documents related to the business entity's multi-level marketing activities and goods;

k) Failing to establish or publish the selling prices of goods sold through multi-level marketing or failing to comply with the published selling prices;

l) Failing to supervise the activities of multi-level marketing participants to ensure that they comply with the multi-level marketing participation contract, operating rules, and compensation plan of the enterprise;

m) Failing to comply with, or improperly complying with, regulations regarding the registration of amendments or additions to the content of multi-level marketing activities at the local level with the Department of Industry and Trade in cases prescribed by law;

n) Having notified the Department of Industry and Trade about organizing conferences, seminars, or training courses but failing to carry them out without notifying the Department of Industry and Trade in writing as required;

o) Failure to follow the procedure for amending the deposit confirmation document with the bank when there are changes to the information on the deposit confirmation document;

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

q) Failure to promptly notify the agency that issued the multi-level marketing registration certificate in case of malfunctions in the information technology system managing the network of multi-level marketing participants;

r) Failing to comply with, or improperly complying with, regulations regarding the storage and presentation of records and documents related to multi-level marketing activities in the locality as required by competent management agencies;

s) Failure to fulfill or improper fulfillment of reporting obligations in multi-level marketing activities as required by law.

7. A fine of VND 40.000.000 to VND 60.000.000 shall be imposed on multi-level marketing businesses that commit one of the following violations:

a) Organizing multi-level marketing activities in a province or centrally-administered city without having received written confirmation of registration for multi-level marketing activities from the Department of Industry and Trade of that province or centrally-administered city;

b) Failure to maintain a local representative as required in cases where there is no head office, branch, or representative office in the locality;

c) Failing to comply with or improperly complying with regulations regarding notification to the Department of Industry and Trade when organizing conferences, seminars, or training sessions on multi-level marketing with the participation of 30 or more people, or with the participation of 10 or more multi-level marketing participants in the locality where the business has been granted registration for multi-level marketing activities;

d) Failing to cooperate with relevant authorities during the process of monitoring, inspecting, and supervising conferences, seminars, and training sessions on multi-level marketing conducted by businesses;

d) Paying participants in multi-level marketing schemes a total value of commissions, bonuses, and other economic benefits, including benefits received under promotional programs, exceeding 40% of the multi-level marketing sales revenue of the business in that year;

e) Not paying commissions, bonuses, promotions, and other economic benefits to participants in multi-level marketing schemes in cash via bank transfer;

g) Failure to sign a written multi-level marketing participation contract with a multi-level marketing participant, or a multi-level marketing participation contract that does not meet other formal requirements as prescribed by law;

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

i) Failing to provide or improperly providing basic training to participants in multi-level marketing as required by law, or charging basic training fees to participants in multi-level marketing;

k) Failing to issue or improperly issuing membership cards to participants in multi-level marketing schemes as required by law, or collecting membership card fees;

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

m) Failure to comply with the operating rules and registered reward plan;

n) Not issuing invoices for each sales transaction to each participant in the multi-level marketing scheme or to customers who purchase goods directly from the business;

o) Failure to operate the information technology system for managing the network of participants in multi-level marketing as required;

p) Failing to operate or regularly update a website in Vietnamese to provide information about the business and its multi-level marketing activities as required by regulations;

q) Failing to operate a communication system to receive and resolve inquiries and complaints from participants in multi-level marketing, including telephone, email, and a designated address for receiving such inquiries;

r) Failing to provide access to the information technology system management account for the multi-level marketing activities of the enterprise as requested in writing by the competent state management agency for multi-level marketing activities;

s) Failure to perform or improper performance of responsibilities regarding the delivery, receipt, and shipment of goods as prescribed by law.

8. A fine of VND 60.000.000 to VND 80.000.000 shall be imposed on multi-level marketing businesses that commit one of the following violations:

a) Maintaining more than one multi-level marketing participation contract, multi-level marketing business position, multi-level marketing business code, or other equivalent forms for the same multi-level marketing participant;

b) Conducting promotional activities using a multi-level, multi-branch network where participants in the promotional program have more than one position, code, or other equivalent forms;

c) Organizing commercial intermediary activities in accordance with commercial law to serve the maintenance, expansion, and development of the multi-level marketing network;

d) Receiving or accepting applications or any other written forms from participants in multi-level marketing schemes, in which the participant declares to waive part or all of their rights as stipulated by law or allows the multi-level marketing business to be exempt from fulfilling its obligations to the participant as stipulated by law;

d) Not using the multi-level marketing participant management system registered with the agency that issued the multi-level marketing registration certificate to manage multi-level marketing participants;

e) Buying, selling, or transferring a network of multi-level marketing participants to another business entity, except in cases of business acquisition, consolidation, or merger.

9. A fine of VND 80.000.000 to VND 100.000.000 shall be imposed on multi-level marketing businesses that commit one of the following violations:

a) Requiring others to pay a deposit or a certain amount of money in order to sign a contract to participate in multi-level marketing;

b) Requiring others to purchase a certain quantity of goods in order to sign a contract to participate in multi-level marketing;

c) Allowing participants in multi-level marketing to receive money or other economic benefits from referring others to participate in multi-level marketing activities, rather than from the purchase or sale of goods by those referred;

d) Refusing to pay, without justifiable reason, commissions, bonuses, or other economic benefits that participants in multi-level marketing are entitled to;

d) Providing false information about compensation plans or the benefits of participating in multi-level marketing networks;

e) Providing false or misleading information about the features or uses of goods or the business's operations through speakers or trainers at conferences, seminars, training sessions, or through the company's documents;

g) Failure to perform or improper performance of the obligation to repurchase goods as prescribed by law;

h) Organizing multi-level marketing business activities without a multi-level marketing registration certificate or operating in a manner inconsistent with the content of the multi-level marketing registration certificate, resulting in illicit profits of less than VND 200.000.000 or causing damage to others of less than VND 500.000.000;

i) Engaging in multi-level marketing activities by entities prohibited from doing so according to regulations.

10. The fine shall be doubled the amount stipulated in Clauses 5, 8, and 9 of this Article if the violation is committed in two or more provinces or centrally-administered cities.

11. Remedies:

a) To compel the return of any illegal profits obtained from administrative violations related to the provisions of point a, clause 3; clause 5; points h, i, and k, clause 7; point e, clause 8; and points a, b, d, h, and i, clause 9 of this Article;

b) To compel correction of false or misleading information regarding violations of the regulations specified in point b of clause 3, and points d and e of clause 9 of this Article.

Article 74. Violations concerning the business of commercial inspection services.

1. A fine of VND 500.000 to VND 1.000.000 shall be imposed for the act of authorizing or sub-authorizing an expert assessment without a contract as prescribed.

2. A fine of VND 1.000.000 to VND 3.000.000 shall be imposed for providing inspection services outside the scope registered in the business registration certificate or other issued and certified documents as prescribed.

3. A fine of between VND 3.000.000 and VND 5.000.000 shall be imposed on one of the following acts of violation:

a) Conducting inspection services without meeting the prescribed conditions;

b) Appointing inspectors to perform commercial inspection services who do not meet the prescribed standards.

4. A fine of between VND 5.000.000 and VND 10.000.000 shall be imposed on one of the following acts of violation:

a) Using an official seal on an inspection certificate without registering that seal with the competent state management agency as required by law;

b) Changing or adding to the official seal without re-registering with the competent state management agency as prescribed;

c) Failure to return the official seal to the competent state management agency in case of cancellation of the official seal registration;

d) To perform commercial inspection services in cases where such inspection relates to the interests of the inspection company itself and the inspector.

5. Additional sanctioning forms:

a) Confiscation of evidence related to violations of the provisions of Clause 4 of this Article;

b) Suspension of operations for a period of 01 to 3 months for violations of the regulations specified in clauses 2, 03 and points a, b and d of clause 4 of this Article in cases of multiple violations or repeat offenses.

6. Remedies:

The offender shall be required to return any illegal profits obtained from committing acts that violate the provisions of this Article.

Article 75. Violations concerning franchise business

1. A fine of VND 1.000.000 to VND 3.000.000 shall be imposed for the act of franchising without a contract as prescribed by law.

2. A fine of between VND 3.000.000 and VND 5.000.000 shall be imposed on one of the following acts of violation:

a) Making false or inaccurate declarations in the application for registration of franchise business activities;

b) The language and main contents of the franchise agreement do not comply with regulations;

c) Providing false or incomplete information regarding the required content in the franchise introduction document;

d) Failure to provide, providing incomplete or inaccurate information in franchise operations as required by regulations;

d) Failure to submit reports, provide documents, or submit dishonest or incomplete reports on matters related to franchise operations as required by competent state management agencies.

3. A fine of between VND 5.000.000 and VND 10.000.000 shall be imposed on one of the following acts of violation:

a) Failure to register franchise operations as required by regulations;

b) Operating a franchise business without meeting the required conditions;

c) Failure to notify the competent state management agency of changes in franchise operations as required by regulations.

4. A fine of between VND 10.000.000 and VND 30.000.000 shall be imposed on one of the following acts of violation:

a) Franchising business for goods subject to emergency measures requiring conditional circulation or licenses, but failing to meet the conditions or lacking the required licenses;

b) Continuing to operate a franchise business after the franchise agreement has expired.

5. A fine of VND 30.000.000 to VND 50.000.000 shall be imposed for the act of franchising prohibited goods, prohibited services, or goods subject to emergency measures prohibiting or temporarily suspending circulation.

6. Remedies:

The offender shall be required to return any illegal profits obtained from committing acts that violate the provisions of this Article.

Article 76. Violations concerning the processing of goods in commerce.

1. A fine of VND 500.000 to VND 1.000.000 shall be imposed for the act of placing orders for processing or receiving orders for processing goods in commerce without a contract as prescribed.

2. A fine of VND 10.000.000 to VND 30.000.000 shall be imposed for the act of ordering or receiving processing of prohibited goods or goods whose circulation in the country is subject to emergency measures prohibiting or temporarily suspending circulation as prescribed by law.

3. Additional sanctioning forms:

Confiscation of evidence related to violations of the provisions of Clause 2 of this Article.

4. Remedies:

The offender shall be compelled to return any illegal profits obtained from committing acts violating the provisions of Clauses 1 and 2 of this Article.

Article 77. Violations concerning the trading of goods through commodity exchanges.

1. A fine of VND 1.000.000 to VND 3.000.000 shall be imposed on employees of commodity exchanges who act as brokers for the buying and selling of goods through the commodity exchange.

2. A fine of between VND 3.000.000 and VND 5.000.000 shall be imposed on one of the following acts of violation:

a) Engaging in the buying and selling of goods through foreign commodity exchanges without notifying the Ministry of Industry and Trade as required;

b) Conducting commodity trading activities through a commodity exchange without being a trading member of the commodity exchange.

3. A fine of VND 5.000.000 to VND 10.000.000 shall be imposed on members of commodity exchanges who commit any of the following violations:

a) Failure to ensure separate accounting for the buying and selling of goods through commodity exchanges by each customer and by the company itself;

b) Not retaining the trading trust contract, trading trust orders, and client requests for adjustment or cancellation of trading trust orders;

c) Failure to maintain complete records and accounts that accurately and comprehensively reflect transactions for both clients and oneself;

d) Failing to inform the client about the reasons for terminating their membership and the client's fulfillment of their trust contract obligations;

d) Failing to notify customers of transactions or improperly notifying them of transactions as required;

e) Failing to sign a written transaction authorization contract with a client as required by law, or executing transactions for a client without first receiving a transaction authorization order from the client;

g) Acting as a broker without a contract with a client as required by regulations;

h) Accepting transaction authorizations for clients in violation of regulations.

4. A fine of VND 10.000.000 to VND 30.000.000 shall be imposed on members of commodity exchanges who commit any of the following violations:

a) Enticing customers to sign contracts by promising full or partial compensation for any damages incurred or guaranteeing a portion of the profits for the customer;

b) Using artificial pricing and other fraudulent methods when brokering for clients;

c) Engaging in brokerage activities for buying and selling commodities through a commodity exchange without being a trading member or brokerage member of the commodity exchange.

5. A fine of VND 30.000.000 to VND 50.000.000 shall be imposed on members of commodity exchanges who commit any of the following violations:

a) Failure to make or improper making of transaction deposits as required;

b) Failure to comply with regulations regarding total transaction limits or transaction limits;

c) Enticing customers to sign contracts by promising full or partial compensation for any damages incurred or guaranteeing a portion of the profits for the customer.

6. A fine of VND 5.000.000 to VND 10.000.000 shall be imposed on commodity exchanges that commit any of the following violations:

a) Inaccurate or untimely declaration of information in the application for the issuance, re-issuance, amendment, or supplementation of a license to establish a commodity exchange;

b) Refusing to approve membership in a commodity exchange without providing a written response or without stating the reasons for the refusal.

7. A fine of VND 10.000.000 to VND 30.000.000 shall be imposed on commodity exchanges that commit any of the following violations:

a) The specific transaction times were not disclosed as required by regulations;

b) Failure to publish the operating regulations and establishment license of the commodity exchange that have been approved, issued, amended, or supplemented by the competent state management agency;

c) The procedure for requesting a reissue of the commodity exchange establishment license will not be carried out in cases where the commodity exchange establishment license is lost, torn, burned, or destroyed in any other way;

d) Failure to follow the procedure for requesting amendments or additions to the license for establishing a commodity exchange in cases where there are changes to the contents of the license for establishing a commodity exchange;

d) Failure to disclose, or untimely disclosure, of cases of trading suspension as prescribed;

e) Failure to publish, incomplete publication, or inaccurate publication of the list and information of members of the commodity exchange; information on transactions and trading orders for buying and selling commodities through the commodity exchange; and other information as required by the commodity exchange's operating regulations;

g) Failure to comply with, or incorrect or incomplete compliance with, regulations on periodic or ad hoc reporting as required by competent state management agencies regarding information related to the trading of goods through commodity exchanges and their members at the time of reporting;

h) Spreading false information about transactions, markets, or prices of commodities traded through commodity exchanges.

8. A fine of VND 30.000.000 to VND 50.000.000 shall be imposed on commodity exchanges that commit any of the following violations:

a) Using forged documents in applications for the establishment, amendment, supplementation, or re-issuance of licenses for the establishment of commodity exchanges;

b) Granting membership to businesses that do not meet the eligibility requirements;

c) Failure to make or improper making of transaction deposits as required;

d) Failure to establish internal control systems, risk management and monitoring, and prevent conflicts of interest within the organization and in transactions as required by regulations;

d) Allowing members whose membership has been terminated to continue trading goods through the commodity exchange;

e) Organizing trading activities involving goods not on the list of prohibited, restricted, or conditionally traded goods without notifying the state management agency as required;

g) Failure to comply with regulations regarding total transaction limits or transaction limits;

h) Failure to properly implement trading methods or order matching principles, or to disclose trading information as required;

i) Organizing trading activities involving goods on the list of restricted or conditionally traded goods without permission from the competent state management agency.

9. Remedies:

The offender shall be required to return any illegal profits obtained from committing acts that violate the provisions of this Article.

Article 78. Violations of regulations on market management, supermarket and shopping mall business.

1. A fine of between VND 5.000.000 and VND 10.000.000 shall be imposed on one of the following acts of violation:

a) Naming a business establishment as a supermarket, shopping mall, or equivalent terms in a foreign language without ensuring compliance with prescribed standards;

b) The operating regulations of supermarkets, shopping malls, and markets do not fully reflect the required content or have not been approved by the competent state management agency;

c) Failure to display market regulations, supermarket operating regulations, or shopping mall operating regulations as required;

d) Failing to implement or incorrectly implementing the instructions of competent authorities regarding the organization of economic information activities and the dissemination of policies and legal regulations;

d) Failure to submit periodic or ad hoc reports on the operational status of markets, supermarkets, and shopping centers as required by competent state management agencies.

2. A fine of between VND 10.000.000 and VND 20.000.000 shall be imposed on one of the following acts of violation:

a) There is no supermarket or shopping mall sign as required by regulations;

b) Displaying supermarket or shopping mall signs that do not comply with regulations regarding content and format;

c) Operating supermarkets or shopping malls that are not registered businesses engaged in commercial activities as prescribed by law;

d) Goods sold in supermarkets and shopping malls do not have the names of the goods or services and the name of the supermarket or shopping mall as required by regulations;

d) Goods sold in supermarkets and shopping malls with warranties that do not clearly state the warranty period and location as required by regulations;

e) Failing to enter into contracts with traders regarding the rental and use of business premises in the market and other services as stipulated.

3. A fine of VND 20.000.000 to VND 30.000.000 shall be imposed for the act of trading in markets, supermarkets, and shopping centers goods containing radioactive substances or devices emitting ionizing radiation exceeding the permitted levels; explosives, flammable liquids and gases; veterinary drugs, pesticides, goods containing toxic chemicals on the restricted list and toxic chemicals on the conditional list that are not permitted to be traded in markets, supermarkets, and shopping centers as prescribed.

4. Additional sanctioning forms:

Suspension of operations for a period of 01 to 3 months will be imposed for violations of the regulations specified in Clause 03 of this Article.

Article 79. Violations of regulations on sealing and temporarily detaining evidence and means of violation.

1. A fine of VND 3.000.000 to VND 5.000.000 shall be imposed for the act of arbitrarily removing or breaking the seals on seized evidence and vehicles involved in violations, or arbitrarily altering the scene of an administrative violation.

2. A fine of VND 5.000.000 to VND 10.000.000 shall be imposed for the act of altering or replacing evidence or means that are under inspection, examination, or sealed and temporarily seized.

3. A fine of VND 10.000.000 to VND 20.000.000 shall be imposed for the act of illegally possessing or harboring evidence and means that are under inspection, examination, or sealed and temporarily seized.

4. A fine of VND 20.000.000 to VND 30.000.000 shall be imposed for the act of consuming, disposing of, or destroying evidence and means that are under inspection, examination, or sealed and temporarily seized.

5. Remedies:

For violations specified in Clauses 3 and 4 of this Article, the offenders are required to recover confiscated evidence and means of violation that have been disposed of, or to return an amount equal to the value of the confiscated evidence and means of violation that have been consumed, disposed of, or destroyed.

Chapter III

AUTHORITY TO DRAW UP ADMINISTRATIVE VIOLATION RECORDS AND IMPOSE ADMINISTRATIVE PENALTIES

Article 80. Authority to draw up administrative violation reports

1. Persons authorized to impose administrative penalties as stipulated in Articles 81, 82, 83, 84, 85, 86, and 87 of this Decree.

2. Persons belonging to the People's Army, the People's Public Security, and civil servants and public employees of the agencies specified in Articles 81, 82, 83, 84, 85, 86, and 87 of this Decree who are performing their official duties and tasks.

3. The aircraft commander, ship captain, or ship chief shall draw up a record of administrative violations for acts of violation occurring on aircraft, ships, or trains.

Article 81. Authority to impose penalties of the Chairpersons of People's Committees at all levels

1. The Chairman of the People's Committee at the commune level has the right to:

a) Caution;

b) Fines of up to VND 5.000.000 for individuals and up to VND 10.000.000 for organizations;

c) Confiscation of evidence and means used in administrative violations with a value not exceeding the monetary penalty level stipulated in point b of this clause;

d) Applying remedial measures as prescribed in point b, clause 3, Article 4 of this Decree.

2. The Chairman of the District People's Committee has the right to:

a) Caution;

b) Fines of up to VND 50.000.000 for individuals and up to VND 100.000.000 for organizations;

c) Revoking the right to use a license or professional certificate for a specified period, or suspending operations for a specified period;

d) Confiscation of evidence and means used in administrative violations with a value not exceeding the fine amount stipulated in point b of this clause;

d) Applying remedial measures as prescribed in points b, c, d, e, g, h, i and k of Clause 3, Article 4 of this Decree.

3. The Chairman of the Provincial People's Committee has the right to:

a) Caution;

b) Imposing fines up to the maximum amount stipulated in this Decree;

c) Revoking the right to use a license or professional certificate for a specified period, or suspending operations for a specified period;

d) Confiscation of evidence and means used in administrative violations;

d) Implement the remedial measures stipulated in this Decree.

Article 82. Authority to impose penalties by Market Management

1. Market inspectors on duty have the right to:

a) Caution;

b) A fine of up to VND 500.000 will be imposed on individuals and up to VND 1.000.000 on organizations.

2. The Head of the Market Management Team has the right to:

a) Caution;

b) Fines of up to VND 25.000.000 for individuals and up to VND 50.000.000 for organizations;

c) Confiscation of evidence and means used in administrative violations with a value not exceeding the fine amount stipulated in point b of this clause;

d) Apply the remedial measures prescribed in this Decree, except for the measure prescribed in point a, clause 3, Article 4 of this Decree.

3. The Director of the Provincial Market Management Department and the Director of the Market Management Operations Department under the General Department of Market Management have the authority to:

a) Caution;

b) Fines of up to VND 50.000.000 for individuals and up to VND 100.000.000 for organizations;

c) Confiscation of evidence and means used in administrative violations with a value not exceeding the fine amount stipulated in point b of this clause;

d) Revoking the right to use a license or professional certificate for a specified period, or suspending operations for a specified period;

d) Implement the remedial measures stipulated in this Decree.

4. The Director General of the General Department of Market Management has the right to:

a) Caution;

b) Imposing fines up to the maximum amount stipulated in this Decree;

c) Confiscation of evidence and means used in administrative violations;

d) Revoking the right to use a license or professional certificate for a specified period, or suspending operations for a specified period;

d) Implement the remedial measures stipulated in this Decree.

Article 83. Authority of the People's Police to impose penalties

1. Police officers on duty have the right to:

a) Caution;

b) A fine of up to VND 500.000 will be imposed on individuals and up to VND 1.000.000 on organizations.

2. The station chief or team leader of the person specified in Clause 1 of this Article has the right to:

a) Caution;

b) A fine of up to VND 1.500.000 will be imposed on individuals and up to VND 3.000.000 on organizations.

3. The Head of the Commune Police, the Head of the Police Station, and the Head of the Police Station at border gates and export processing zones have the authority to:

a) Caution;

b) Fines of up to VND 2.500.000 for individuals and up to VND 5.000.000 for organizations;

c) Confiscation of evidence and means used in administrative violations with a value not exceeding the fine amount stipulated in point b of this clause;

d) Applying remedial measures as prescribed in point b, clause 3, Article 4 of this Decree.

4. The Head of the District Police; the Head of the professional department under the Traffic Police Department; and the Heads of provincial police departments, including: the Head of the Department of Administrative Police for Social Order, the Head of the Department of Criminal Investigation of Social Order Crimes, the Head of the Department of Criminal Investigation of Corruption, Economic Crimes, and Smuggling, the Head of the Department of Criminal Investigation of Drug Crimes, the Head of the Traffic Police, the Head of the Road and Rail Traffic Police, the Head of the Road Traffic Police, the Head of the Waterway Police, the Head of the Environmental Crime Prevention and Control Police, the Head of the Internal Political Security Department, and the Head of the Economic Security Department, have the authority to:

a) Caution;

b) Fines of up to VND 25.000.000 for individuals and up to VND 50.000.000 for organizations for violations of the regulations specified in Section 2, Chapter II of this Decree; fines of up to VND 20.000.000 for individuals and up to VND 40.000.000 for organizations for other violations specified in this Decree;

c) Revoking the right to use a license or professional certificate for a specified period, or suspending operations for a specified period;

d) Confiscation of evidence and means used in administrative violations with a value not exceeding the fine amount stipulated in point b of this clause;

d) Apply the remedial measures stipulated in points b, h, i, and k of Clause 3, Article 4 of this Decree.

5. The Director of the Provincial Police Department has the authority to:

a) Caution;

b) Fines of up to VND 50.000.000 for individuals and up to VND 100.000.000 for organizations;

c) Revoking the right to use a license or professional certificate for a specified period, or suspending operations for a specified period;

d) Confiscation of evidence and means used in administrative violations with a value not exceeding the fine amount stipulated in point b of this clause;

d) Applying remedial measures as prescribed in points b, e, h, i and k of Clause 3, Article 4 of this Decree.

6. The Director of the Department of Internal Political Security, the Director of the Department of Economic Security, the Director of the Department of Administrative Police for Social Order, the Director of the Department of Criminal Investigation of Social Order Crimes, the Director of the Department of Criminal Investigation of Corruption, Economic Crimes, and Smuggling, the Director of the Department of Criminal Investigation of Drug Crimes, the Director of the Department of Traffic Police, the Director of the Department of Environmental Crime Prevention and Control, the Director of the Department of Cybersecurity and High-Tech Crime Prevention and Control, and the Director of the Department of Immigration Management have the authority to:

a) Caution;

c) Imposing fines up to the maximum amount stipulated in this Decree;

c) Revoking the right to use a license or professional certificate for a specified period, or suspending operations for a specified period;

d) Confiscation of evidence and means used in administrative violations;

d) Applying remedial measures as prescribed in points b, e, h, i and k of Clause 3, Article 4 of this Decree.

Article 84. Authority of Customs to impose penalties

1. Customs officers on duty have the right to:

a) Caution;

b) A fine of up to VND 500.000 will be imposed on individuals and up to VND 1.000.000 on organizations.

2. Team leaders of Customs Sub-departments and Post-Clearance Inspection Sub-departments have the right to:

a) Caution;

b) A fine of up to VND 5.000.000 will be imposed on individuals and up to VND 10.000.000 on organizations.

3. The Head of the Customs Sub-Department, the Head of the Post-Clearance Inspection Sub-Department, the Team Leader of the Control Team under the Provincial, Inter-Provincial, and City Customs Departments, the Team Leader of the Anti-Smuggling Control Team, the Commander of the Maritime Control Squadron, and the Team Leader of the Intellectual Property Rights Protection Control Team under the Anti-Smuggling Investigation Department of the General Department of Customs have the authority to:

a) Caution;

b) Fines of up to VND 25.000.000 for individuals and up to VND 50.000.000 for organizations;

c) Confiscation of evidence and means used in administrative violations with a value not exceeding the fine amount stipulated in point b of this clause;

d) Apply the remedial measures stipulated in points a, b, d, and e of Clause 3, Article 4 of this Decree.

4. The Director of the Anti-Smuggling Investigation Department, the Director of the Post-Clearance Inspection Department under the General Department of Customs, and the Directors of Provincial, Inter-Provincial, and City Customs Departments under the Central Government have the authority to:

a) Caution;

b) Fines of up to VND 50.000.000 for individuals and up to VND 100.000.000 for organizations;

c) Revoking the right to use a license or professional certificate for a specified period, or suspending operations for a specified period;

d) Confiscation of evidence and means used in administrative violations with a value not exceeding the fine amount stipulated in point b of this clause;

d) Applying remedial measures as prescribed in points a, b, d, and e of Clause 3, Article 4 of this Decree.

5. The Director General of the General Department of Customs has the authority to:

a) Caution;

b) Imposing fines up to the maximum amount stipulated in this Decree;

c) Confiscation of evidence and means used in administrative violations;

d) Apply the remedial measures stipulated in points a, b, d, and e of Clause 3, Article 4 of this Decree.

Article 85. Authority of the Border Guard to impose penalties

1. Border Guard soldiers on duty have the right to:

a) Caution;

b) A fine of up to VND 500.000 will be imposed on individuals and up to VND 1.000.000 on organizations.

2. The station chief or team leader of the person specified in Clause 1 of this Article has the right to:

a) Caution;

b) A fine of up to VND 2.500.000 will be imposed on individuals and up to VND 5.000.000 on organizations.

3. The Commander of the Border Guard Post, the Commander of the Border Guard Squadron, and the Commander of the Border Guard Command at the Port/City Border Gate have the authority to:

a) Caution;

b) Fines of up to VND 25.000.000 for individuals and up to VND 50.000.000 for organizations for violations of the regulations specified in Section 2, Chapter II of this Decree; fines of up to VND 20.000.000 for individuals and up to VND 40.000.000 for organizations for other violations specified in this Decree;

c) Confiscation of evidence and means used in administrative violations with a value not exceeding the fine amount stipulated in point b of this clause;

d) Apply the remedial measures stipulated in point b, clause 3, Article 4 of this Decree.

4. The Commander of the Provincial Border Guard Force and the Commander of the Border Guard Fleet under the Border Guard Command have the authority to:

a) Caution;

b) Imposing fines up to the maximum amount stipulated in this Decree;

c) Revoking the right to use a license or professional certificate for a specified period, or suspending operations for a specified period;

d) Confiscation of evidence and means used in administrative violations;

d) Apply the remedial measures stipulated in points b and e of Clause 3, Article 4 of this Decree.

Article 86. Authority to impose penalties of the Vietnam Coast Guard

1. Coast Guard officers on duty have the right to:

a) Caution;

b) A fine of up to VND 1.500.000 will be imposed on individuals and up to VND 3.000.000 on organizations.

2. The Head of the Coast Guard Operations Team has the authority to:

a) Caution;

b) A fine of up to VND 5.000.000 will be imposed on individuals and up to VND 10.000.000 on organizations.

3. The Head of the Coast Guard Operations Team and the Head of the Coast Guard Station have the authority to:

a) Caution;

b) Fines of up to VND 10.000.000 for individuals and up to VND 20.000.000 for organizations;

c) Apply the remedial measures stipulated in point b, clause 3, Article 4 of this Decree.

4. The Commander of the Coast Guard Squadron has the authority to:

a) Caution;

b) Fines of up to VND 25.000.000 for individuals and up to VND 50.000.000 for organizations for violations of the regulations specified in Section 2, Chapter II of this Decree; fines of up to VND 20.000.000 for individuals and up to VND 40.000.000 for organizations for other violations specified in this Decree;

c) Confiscation of evidence and means used in administrative violations with a value not exceeding the fine amount stipulated in point b of this clause;

d) Apply the remedial measures stipulated in points a and b of Clause 3, Article 4 of this Decree.

5. The Commander of the Coast Guard Squadron has the authority to:

a) Caution;

b) Fines of up to VND 50.000.000 for individuals and up to VND 100.000.000 for organizations for violations of the regulations specified in Section 2, Chapter II of this Decree; fines of up to VND 30.000.000 for individuals and up to VND 60.000.000 for organizations for other violations specified in this Decree;

c) Confiscation of evidence and means used in administrative violations with a value not exceeding the fine amount stipulated in point b of this clause;

d) Apply the remedial measures stipulated in points a and b of Clause 3, Article 4 of this Decree.

6. The Commander of the Coast Guard Region Command has the authority to:

a) Caution;

b) Fines of up to VND 100.000.000 for individuals and up to VND 200.000.000 for organizations for violations of the regulations specified in Section 2, Chapter II of this Decree; fines of up to VND 50.000.000 for individuals and up to VND 100.000.000 for organizations for other violations specified in this Decree;

c) Confiscation of evidence and means used in administrative violations with a value not exceeding the fine amount stipulated in point b of this clause;

d) Apply the remedial measures stipulated in points a and b of Clause 3, Article 4 of this Decree.

7. The Commander of the Vietnam Coast Guard has the authority to:

a) Caution;

b) Imposing fines up to the maximum amount stipulated in this Decree;

c) Revoking the right to use a license or professional certificate for a specified period, or suspending operations for a specified period;

d) Confiscation of evidence and means used in administrative violations;

d) Applying remedial measures as prescribed in points a and b of Clause 3, Article 4 of this Decree.

Article 87. Authority of the Inspectorate to impose penalties

1. Inspectors and those assigned to perform specialized inspection duties while on official duty have the right to:

a) Caution;

b) Fines of up to VND 500.000 for individuals and up to VND 1.000.000 for organizations;

c) Confiscation of evidence and means used in administrative violations with a value not exceeding the fine amount stipulated in point b of this clause;

d) Applying remedial measures as prescribed in point b, clause 3, Article 4 of this Decree.

2. The Chief Inspector of the Department, the Head of the Sub-Department of Standards, Metrology and Quality under the Department of Science and Technology, the Head of the Sub-Department of Food Safety and Hygiene under the Department of Health, the Head of the Sub-Department of Crop Production and Plant Protection, the Head of the Sub-Department of Livestock and Veterinary Medicine, the Head of the Sub-Department of Fisheries, the Head of the Sub-Department of Agricultural, Forestry and Fisheries Product Quality Management under the Department of Agriculture and Rural Development, the Director of the Radio Frequency Center and equivalent positions assigned by the Government to perform specialized inspection functions have the right to:

a) Caution;

b) Fines of up to VND 50.000.000 for individuals and up to VND 100.000.000 for organizations;

c) Revoking the right to use a license or professional certificate for a specified period, or suspending operations for a specified period;

d) Confiscation of evidence and means used in administrative violations with a value not exceeding the fine amount stipulated in point b of this clause;

d) Implement the remedial measures stipulated in this Decree.

3. The Chief Inspector of ministries and ministerial-level agencies, the Director General of the General Department of Standards, Metrology and Quality, the Director General of the General Department of Forestry, the Director General of the General Department of Fisheries, the Director General of the General Department of Geology and Minerals of Vietnam, the Director General of the General Department of Environment, the Director of the Department of Chemicals, the Director of the Department of Industrial Safety and Environmental Engineering, the Director of the Department of Veterinary Medicine, the Director of the Department of Plant Protection, the Director of the Department of Crop Production, the Director of the Department of Animal Husbandry, the Director of the Department of Quality Management of Agricultural, Forestry and Fishery Products, the Director of the Department of Agricultural Product Processing and Market Development, the Director of the Department of Radio Frequency, the Director of the Department of Telecommunications, the Director of the Department of Broadcasting, Television and Electronic Information, the Director of the Department of Press, the Director of the Department of Publishing, Printing and Distribution, the Director of the Department of Pharmaceutical Management, the Director of the Department of Medical Examination and Treatment Management, the Director of the Department of Environmental Health Management, the Director of the Department of Preventive Medicine, the Director of the Department of Food Safety, and equivalent positions assigned by the Government to perform specialized inspection functions have the right to:

a) Caution;

b) Imposing fines up to the maximum amount stipulated in this Decree;

c) Revoking the right to use a license or professional certificate for a specified period, or suspending operations for a specified period;

d) Confiscation of evidence and means used in administrative violations;

d) Implement the remedial measures stipulated in this Decree.

4. The head of the specialized inspection team at the departmental level, or the head of the specialized inspection team of a state management agency assigned to perform specialized inspection functions, has the authority to impose penalties as prescribed in Clause 2 of this Article.

5. The head of a specialized inspection team at the ministerial level has the right to:

a) Caution;

b) Fines of up to VND 140.000.000 for individuals and up to VND 280.000.000 for organizations for violations of the regulations specified in Section 2, Chapter II of this Decree; fines of up to VND 70.000.000 for individuals and up to VND 140.000.000 for organizations for other violations specified in this Decree;

c) Revoking the right to use a license or professional certificate for a specified period, or suspending operations for a specified period;

d) Confiscation of evidence and means used in administrative violations with a value not exceeding the fine amount stipulated in point b of this clause;

d) Implement the remedial measures stipulated in this Decree.

Article 88. Delineation of authority to impose penalties

1. The Chairpersons of People's Committees at all levels have the authority to impose administrative penalties and apply remedial measures for administrative violations stipulated in this Decree within their respective localities, in accordance with the authority prescribed in Article 81 of this Decree.

2. Authorized market management officials have the authority to impose administrative penalties and apply remedial measures for administrative violations as stipulated in this Decree, in accordance with the authority prescribed in Article 82 of this Decree and their assigned functions, duties, and powers.

3. Authorized persons of the People's Public Security have the authority to impose administrative penalties and apply remedial measures for administrative violations as stipulated in this Decree, in accordance with the authority prescribed in Article 83 of this Decree and their assigned functions, duties, and powers.

4. Customs authorities have the power to impose administrative penalties and apply remedial measures for administrative violations stipulated in Section 8, Chapter II, and related administrative violations concerning export, import, temporary import for re-export, temporary export for re-import, and transshipment of goods as stipulated in Articles 8, 9, 11, 13, 15, 16, 17, 18, 20, 24, 26, 27, 34, 35, 70, 71, and 72 of this Decree, in accordance with the authority prescribed in Article 84 of this Decree and their assigned functions, duties, and powers.

5. Authorized personnel of the Border Guard have the authority to impose administrative penalties and apply remedial measures for administrative violations as stipulated in Section 2, Chapter II and Articles 15, 17, 36, 37, 40, 41, 42 and 72 of this Decree, in accordance with the authority prescribed in Article 85 of this Decree and their assigned functions, duties, and powers.

6. Authorized persons of the Vietnam Coast Guard have the authority to impose administrative penalties and apply remedial measures for administrative violations as stipulated in Section 2, Chapter II and Articles 15, 17, 36, 37, 40, 42 and 72 of this Decree, in accordance with the authority prescribed in Article 86 of this Decree and their assigned functions, duties, and powers.

7. The competent inspectors have the authority to impose administrative penalties and apply remedial measures for administrative violations as stipulated in this Decree, in accordance with the authority prescribed in Article 87 of this Decree and their assigned functions, duties, and powers.

Chapter IV

TERMS ENFORCEMENT

Article 89. Enforcement

1. This Decree takes effect from March 15, 10.

2. This Decree replaces:

a) Government Decree No. 185/2013/ND-CP dated November 15, 2013, stipulating administrative penalties for violations in commercial activities, production, trading of counterfeit and prohibited goods, and protection of consumer rights;

b) Government Decree No. 124/2015/ND-CP dated November 19, 2015, amending and supplementing a number of articles of Government Decree No. 185/2013/ND-CP dated November 15, 2013, stipulating administrative sanctions for violations in commercial activities, production, trading of counterfeit and prohibited goods, and protection of consumer rights;

c) Government Decree No. 141/2018/ND-CP dated October 8, 2018, amending and supplementing a number of articles of the Decrees regulating the handling of violations of the law in multi-level marketing business activities.

Article 90. Transitional provisions

For administrative violations in commercial activities, production, trading of counterfeit and prohibited goods, and consumer protection that occurred before the effective date of this Decree, but were only discovered or are currently under consideration and resolution, and this Decree does not stipulate legal liability or stipulates lighter legal liability, the provisions of this Decree shall apply.

Article 91. Responsible for implementing

1. The Minister of Industry and Trade is responsible for organizing the implementation of this Decree.

2. The Minister of Finance is responsible for specifying the details of the amount of illegal profits obtained from committing administrative violations that must be returned as stipulated in Article 37 of the Law on Handling Administrative Violations and point e, clause 3, Article 4 of this Decree.

3. Ministers, heads of ministerial-level agencies, heads of government agencies, and chairpersons of People's Committees of provinces and centrally-administered cities are responsible for implementing this Decree within their respective functions and duties.

 

Recipients: - Party Central Committee Secretariat; - Prime Minister, Deputy Prime Ministers; - Ministries, ministerial-level agencies and government-attached agencies; - People's Councils, People's Committees of provinces and centrally-run cities; - Central Office and Party Committees; - Office of the General Secretary; - Office of the President; - National Council and Committees of the National Assembly; - Congress office; - Supreme People's Court; - People's Procuratorate of the Supreme; - State Audit; - National Financial Supervisory Committee; - Bank for Social Policy; - Vietnam Development Bank; – Central Committee of the Vietnam Fatherland Front; - Central agency of unions; - VPCP: Chairman, Deputy Chairmen, TT Assistant, General Director of the Portal, departments, agencies, units, Official Gazette; – Save: VT, KTTH (2b).

TM. GOVERMENT PRIME MINISTER Nguyen Xuan Phuc