Pháp lý doanh nghiệp 
Nghị định 80/2013/NĐ-CP xử phạt VPHC lĩnh vực chất lượng sản phẩm, hàng hóa
- Tổng hợp lại tất cả các quy định pháp luật còn hiệu lực áp dụng từ văn bản gốc và các văn bản sửa đổi, bổ sung, đính chính…
- Khách hàng chỉ cần xem Nội dung MIX, có thể nắm bắt toàn bộ quy định pháp luật hiện hành còn áp dụng, cho dù văn bản gốc đã qua nhiều lần chỉnh sửa, bổ sung.
thuộc tính Nghị định 80/2013/NĐ-CP
| Cơ quan ban hành: | Chính phủ |
| Số công báo: | Đã biết Vui lòng đăng nhập tài khoản gói Tiêu chuẩn hoặc Nâng cao để xem Số công báo. Nếu chưa có tài khoản Quý khách đăng ký tại đây! |
| Số hiệu: | 80/2013/NĐ-CP |
| Ngày đăng công báo: | Đã biết Vui lòng đăng nhập tài khoản gói Tiêu chuẩn hoặc Nâng cao để xem Ngày đăng công báo. Nếu chưa có tài khoản Quý khách đăng ký tại đây! |
| Loại văn bản: | Nghị định |
| Người ký: | Nguyễn Tấn Dũng |
| Ngày ban hành: | 19/07/2013 |
| Ngày hết hiệu lực: | Đã biết Vui lòng đăng nhập tài khoản gói Tiêu chuẩn hoặc Nâng cao để xem Ngày hết hiệu lực. Nếu chưa có tài khoản Quý khách đăng ký tại đây! |
| Áp dụng: | |
| Tình trạng hiệu lực: | Đã biết Vui lòng đăng nhập tài khoản gói Tiêu chuẩn hoặc Nâng cao để xem Tình trạng hiệu lực. Nếu chưa có tài khoản Quý khách đăng ký tại đây! |
| Lĩnh vực: | Hành chính, Thương mại-Quảng cáo |
TÓM TẮT VĂN BẢN
Ngày 19/07/2013, Chính phủ đã ban hành Nghị định số 80/2013/NĐ-CP của Chính phủ quy định về xử phạt vi phạm hành chính trong lĩnh vực tiêu chuẩn, đo lường và chất lượng sản phẩm, hàng hóa.
Theo Nghị định này, mức phạt tiền tối đa trong lĩnh vực đo lường đối với cá nhân là 100 triệu đồng, đối với tổ chức là 200 triệu đồng; mức phạt tiền tối đa trong lĩnh vực tiêu chuẩn, chất lượng sản phẩm, hàng hóa đối với cá nhân là 150 triệu đồng và đối với tổ chức là 300 triệu đồng (ngoại trừ một số trường hợp, mức tiền phạt sẽ căn cứ vào số tiền thu lợi bất hợp pháp từ hành vi vi phạm).
Trong đó, về các vi phạm quy định về sử dụng mã số mã vạch hàng hóa, áp dụng mức phạt từ 6 - 10 triệu đồng đối với hành vi sử dụng mã vạch có đầu mã quốc gia Việt Nam chưa được cấp hoặc sử dụng trái phép mã số mã vạch của doanh nghiệp khác đã được cấp giấy chứng nhận quyền sử dụng mã số mã vạch; từ 10 - 20 triệu đồng đối với hành vi sử dụng mã số mã vạch nước ngoài để in trên sản phẩm, hàng hóa sản xuất tại Việt Nam mà chưa được cho phép...
Về vi phạm chất lượng hàng hóa lưu thông trên thị trường, áp dụng mức phạt từ 2 - 80 triệu đồng đối với hành vi gian lận về thời hạn sử dụng của hàng hóa trên nhãn hàng hóa có giá trị từ 5 - 100 triệu đồng; phạt tiền từ 1 - 2 lần tổng giá trị sản phẩm, hàng hóa vi phạm tại thời điểm vi phạm đối với hành vi bán sản phẩm, hàng hó có chất lượng không phù hợp với tiêu chuẩn công bố áp dụng; từ 2 - 3 lần giá trị tổng sản phẩm, hàng hóa đối với hành vi thay thế, đánh tráo, thêm, bớt thành phần hoặc chất phụ gia, pha trộn tạp chất làm giảm chất lượng sản phẩm, hàng hóa so với tiểu chuẩn...
Ngoài hình thức phạt tiền, các đối tượng vi phạm có thể bị áp dụng dụng 01 hoặc các hình thức xử phạt bổ sung và biện pháp khắc phục hậu quả như: Tước quyền sử dụng có thời hạn Giấy chứng nhận hợp chuẩn, Giấy chứng nhận hợp quy...; đình chỉ hoạt động có thời hạn; tịch thu tang vật, phương tiên vi phạm; buộc tái chế, tái xuất, tiêu hủy hoặc thu hồi sản phẩm, hàng hóa vi phạm...
Nghị định này có hiệu lực thi hành kể từ ngày 15/09/2013 và thay thế Nghị định số 54/2009/NĐ-CP ngày 05/06/2009.
Xem chi tiết Nghị định80/2013/NĐ-CP tại đây
tải Nghị định 80/2013/NĐ-CP
|
CHÍNH PHỦ Số: 80/2013/NĐ-CP |
CỘNG HÒA XÃ HỘI CHỦ NGHĨA VIỆT NAM Hà Nội, ngày 19 tháng 07 năm 2013 |
NGHỊ ĐỊNH
QUY ĐỊNH VỀ XỬ PHẠT VI PHẠM HÀNH CHÍNH TRONG LĨNH VỰC TIÊU CHUẨN, ĐO LƯỜNG
VÀ CHẤT LƯỢNG SẢN PHẨM, HÀNG HÓA
Căn cứ Luật tổ chức Chính phủ ngày 25 tháng 12 năm 2001;
Căn cứ Luật tiêu chuẩn và quy chuẩn kỹ thuật ngày 29 tháng 6 năm 2006;
Căn cứ Luật chất lượng sản phẩm, hàng hóa ngày 21 tháng 11 năm 2007;
Căn cứ Luật đo lường ngày 11 tháng 11 năm 2011;
Căn cứ Luật xử lý vi phạm hành chính ngày 20 tháng 6 năm 2012;
Theo đề nghị của Bộ trưởng Bộ Khoa học và Công nghệ;
Chính phủ ban hành Nghị định quy định về xử phạt vi phạm hành chính trong lĩnh vực tiêu chuẩn, đo lường và chất lượng sản phẩm, hàng hóa,
NHỮNG QUY ĐỊNH CHUNG
HÀNH VI VI PHẠM HÀNH CHÍNH, HÌNH THỨC XỬ PHẠT VÀ MỨC PHẠT
Buộc hủy bỏ kết quả hiệu chuẩn hoặc so sánh đã thực hiện đối với vi phạm quy định tại Điểm a Khoản 2 Điều này.
Buộc thu hồi chất chuẩn, chuẩn đo lường hoặc buộc tiêu hủy hoặc tái xuất đối với chất chuẩn, chuẩn đo lường đối với vi phạm quy định tại Điểm b Khoản 1 Điều này.
Tước quyền sử dụng quyết định phê duyệt mẫu phương tiện đo từ 01 tháng đến 03 tháng đối với vi phạm quy định tại Khoản 4 Điều này.
Buộc tái chế hoặc buộc tiêu hủy phương tiện đo đối với vi phạm quy định tại Điểm b Khoản 1, Khoản 4 Điều này.
Tước quyền sử dụng quyết định phê duyệt mẫu phương tiện đo từ 01 tháng đến 03 tháng đối với vi phạm quy định tại Khoản 4 Điều này.
Buộc tái xuất hoặc buộc tiêu hủy phương tiện đo đối với vi phạm quy định tại các Điểm b, c Khoản 1, Khoản 4 Điều này.
Buộc nộp lại số lợi bất hợp pháp có được do thực hiện vi phạm quy định tại Khoản 4 Điều này.
Buộc tiêu hủy phương tiện đo đối với vi phạm quy định tại Điểm b Khoản 1, Điểm b và Điểm c Khoản 2 Điều này.
Buộc thu hồi chứng chỉ kiểm định đối với vi phạm quy định tại Khoản 4 Điều này.
Buộc thu hồi chứng chỉ hiệu chuẩn đối với vi phạm quy định tại Khoản 4 Điều này.
Buộc thu hồi kết quả thử nghiệm đối với vi phạm quy định tại Khoản 4 Điều này.
Buộc nộp lại số tiền thu lợi bất hợp pháp có được đối với vi phạm quy định tại các Điểm a, b, c, d Khoản 2 Điều này.
Buộc nộp lại số tiền thu lợi bất hợp pháp có được đối với vi phạm quy định tại các Điểm a, b, c, d Khoản 2 Điều này.
Buộc nộp lại số tiền thu lợi bất hợp pháp có được đối với vi phạm quy định tại các điểm a, b, c, d Khoản 2 Điều này.
Buộc thu hồi sản phẩm, hàng hóa có chất lượng không phù hợp đang lưu thông trên thị trường hoặc buộc thay đổi mục đích sử dụng, buộc tái chế hoặc tái xuất sản phẩm, hàng hóa đối với vi phạm quy định tại Khoản 3, các Điểm b, c Khoản 4 Điều này.
Tước quyền sử dụng giấy chứng nhận hợp quy, dấu hợp quy từ 01 tháng đến 03 tháng đối với vi phạm quy định tại các Điểm e, g Khoản 4 Điều này.
Áp dụng quy định tại Khoản 5 Điều 26 Nghị định này để xử phạt hành vi gian lận về thời hạn sử dụng của hàng hóa trên nhãn hàng hóa.
Buộc chuyển đổi mục đích sử dụng hoặc tái chế đối với hành vi vi phạm quy định tại Khoản 5, Khoản 6 và Khoản 7 Điều này.
Buộc thu hồi kết quả đánh giá sự phù hợp đã cấp đối với vi phạm quy định tại Khoản 3, các Điểm b, c, d, đ Khoản 4 Điều này.
Tước quyền sử dụng giấy chứng nhận đăng ký lĩnh vực hoạt động từ 01 tháng đến 03 tháng đối với vi phạm quy định tại Điểm b Khoản 1, Khoản 2 và Khoản 3 Điều này.
Tước quyền sử dụng giấy đăng ký hoạt động công nhận từ 01 tháng đến 03 tháng đối với vi phạm quy định tại Điểm b Khoản 1, Khoản 2, Khoản 3 và Khoản 4 Điều này.
Buộc thu hồi các chứng chỉ công nhận đã cấp đối với vi phạm quy định tại Khoản 3, Khoản 4 Điều này.
Buộc loại bỏ yếu tố vi phạm đã ghi, gắn lên sản phẩm, hàng hóa hoặc các tài liệu kèm theo. Trường hợp không loại bỏ được yếu tố vi phạm thì buộc tiêu hủy sản phẩm, hàng hóa vi phạm quy định tại Điểm a Khoản 2 Điều này.
Buộc thu hồi sản phẩm, hàng hóa có nhãn vi phạm hoặc buộc ghi lại nhãn hàng hóa theo đúng quy định đối với vi phạm quy định tại Khoản 1, Khoản 2 Điều này.
Tịch thu hàng hóa không đảm bảo an toàn sử dụng cho người, vật nuôi, cây trồng, ảnh hưởng đến môi sinh, môi trường đối với vi phạm quy định từ Khoản 1 đến Khoản 5 khi không thực hiện biện pháp khắc phục hậu quả quy định tại Điểm a Khoản 7 Điều này.
Buộc thu hồi hàng hóa gắn mã số mã vạch vi phạm đối với vi phạm quy định tại Khoản 2, Khoản 3 Điều này.
Tịch thu giấy chứng nhận quyền sử dụng mã số mã vạch giả mạo đối với vi phạm quy định tại Điểm a Khoản 1 Điều này.
Buộc thu hồi giấy chứng nhận quyền sử dụng mã số mã vạch đối với vi phạm quy định tại Điểm b Khoản 1 Điều này.
THẨM QUYỀN LẬP BIÊN BẢN VI PHẠM HÀNH CHÍNH VÀ XỬ PHẠT VI PHẠM HÀNH CHÍNH
ĐIỀU KHOẢN THI HÀNH
Đối với hành vi vi phạm hành chính trong lĩnh vực tiêu chuẩn, đo lường và chất lượng sản phẩm, hàng hóa xảy ra trước ngày 01 tháng 7 năm 2013 mà sau đó mới bị phát hiện hoặc đang xem xét, giải quyết thì áp dụng các quy định có lợi cho tổ chức, cá nhân vi phạm.
|
Nơi nhận: |
TM. CHÍNH PHỦ |
THE GOVERNMENT
Decree No. 80/2013/ND-CP dated July 19, 2013 of the Government promulgating the administrative violation sanction in the field of standards, measure and quality of products and goods
Pursuant to the Law on Organization of the Government dated December 25, 2001;
Pursuant to the Law on Standards and Technical Regulations dated June 29, 2006;
Pursuant to the Law on Quality of Products and Goods dated November 21, 2007;
Pursuant to the Measure Law dated November 11, 2011;
Pursuant to the Law on Handling of Administrative Violations dated June 20, 2012;
At the proposal of the Minister of Science and Technology;
The Government issues the Decree promulgating the administrative violation sanction in the field of standards, measure and quality of products and goods;
Chapter 1.
GENERAL PROVISIONS
Article1. Scope of adjustment
1. This Decree stipulates the acts of administrative violation, forms of sanction, levels of sanction, remedial measures, the jurisdiction and procedures for sanction of administrative violations in the field of standards and technical regulations; measurement and quality of products and goods (hereinafter referred to as the field of standards, measure and quality of products and goods).
2. Other administrative violations in the field of standards, measure and quality of products and goods not stipulated in this Decree shall apply the provisions of the Government’s other decrees on sanction of administrative violations in the relevant field of state management for sanction.
Article 2. Sanction forms and remedial measures
1. For each administrative violation in the field of standards, measure and quality of products and goods, organizations and individuals must undergo one of the main sanctions as a caution or a fine.
2. Depending on the nature and seriousness of the violation, organizations and individuals that have acts of violation may also be subject to additional forms of sanctions as follows:
a) Depriving the right to use with fixed term: the Certificate of conformance, the Certificate of conformity, conformance mark, conformity mark, the registration Certificate in the field of conformity assessment, the registration Certificate of inspection, calibration and testing operation, the inspection Certificate, the calibration Certificate, the Decision on inspector certification, the Decision on recognized inspection capability, the Decision on inspection, calibration and testing organization appointment, the Decision on conformity assessment organization appointment; the Decision on model approval, Certificate of code and barcode use right; Certificate of eligibility for business issued by the competent state authority for violation of measurement in using measuring device of group 2 and violation of quality of goods circulated in the market.
b) Suspending operations with definite term shall comply with the provisions specified in Clause 2, Article 25 of the Law on handling of administrative violations;
c) Confiscating material evidences and means of administrative violations in the field of standards, measure and quality of products and goods.
3. In addition to form of major sanction and additional sanction, the organizations and individuals administratively violating may be applied by one or a lot of remedial measures as follows:
a) Coercively revoking the certificate of inspection, calibration, accreditation, testing results and conformance assessment results;
b) Coercively recycling, re-exporting or destroying the products and goods in breach of law on standards, measure and quality of products and goods or measuring device, import and production measurement standards in contravention of regulations on measurement;
c) Coercively revoking products and goods or measuring device in breach of law on standards, measure and quality of products, goods circulated;
d) Coercively surrendering illegal profits earned by committing administrative violation or Coercively surrendering the amount of money equal to the value of material evidence and means of administrative violation that have been sold, dispersed or destroyed in contravention of law ;
dd) Coercively converting purpose of use or rectifying false or misleading information;
e) Coercively invalidating the result of calibration or comparison performed.
Article 3. Provisions on maximum fine level
1. The maximum fine level in the field of measure for individuals is 100,000,000 dong and 200,000,000 dong shall be imposed for organizations, the maximum fine level in the field of standards, quality of products and goods for the individuals is 150,000,000 dong and 300,000,000 dong shall be imposed for organizations, except for cases specified at Point dd, e, g, h, Clause 2 of Article 14, Point dd, e, g, h, Clause 2, Article 15, the Point dd, e, g, h, Clause 2, Article 16 and Clause 5, Clause 6, Clause 7, Article 20 of this Decree.
2. The fine level specified in this Decree applies to organizations. For individuals having the same acts of violation, the fine level is decreased a half, except for Article 11, 12 and 13 of this Decree.
Chapter 2.
ADMINISTRATIVE VIOLATION, FORM OF SANCTION AND FINE LEVELS
SECTION 1. ACTS OF ADMINISTRATIVE VIOLATION OF MEASURE
Article 4. Violation in national standard maintenance of appointed organization
1. A fine of between 5,000,000 dong and 10,000,000 dong shall be imposed for one of the acts of violation as follows:
a) Failing to perform or properly perform the maintenance, preservation and use of national standards;
b) Failing to perform periodic calibration or comparison of national standards with international standards or with national standards of foreign countries calibrated or compared with international standards;
c) Failing to perform calibration or comparison for the transmission of precision of the national standards to the standards of measurement with lower precision;
d) Failing to set up and maintain the management system for activities of maintenance, preservation and use of national standards as prescribed.
2. A fine of between 10,000,000 dong and 30,000,000 dong shall be imposed for one of the acts of violation as follows:
a) Using the defective national standards to perform calibration activities or comparison of national standards with international standards or national standards of foreign countries; calibration and comparison for transmission of precision of national standards to measurement standards with lower precision;
b) Failing to make a report when there are errors and defects of national standards or propose the effect suspension of decision on approval of national standards, appoint organization to keep national standards.
3. Remedial measures:
Coercively invalidating the results of calibration or comparison performed for violations specified at Point a, Clause 2 of this Article.
Article 5. Violation in production, import, trading and use of standard substances and measurement standards
1. A fine of between 5,000,000 dong and 10,000,000 shall be imposed for one of the acts as follows:
a) Production, import and trading of standard substance and measurement standards unlabeled or improperly labeled as prescribed or without writing or engraving of unit of measurement according to the legal unit of measurement;
b) Production, import and trading of standard substance and measurement standards inconsistent with the technical requirements of measurement announced or prescribed for application by the competent measurement management agency.
2. A fine of between 10,000,000 dong and 20,000,000 dong shall be imposed for one of the acts as follows:
a) Failing to perform the calibration or compare the measurement standards with the national standards or with measurement with higher precision at the calibration organization appointed before putting the measurement standards into use;
b) Failing to perform the testing or compare the standard substance at the testing organization appointed before putting it into use.
3. Remedial measures:
Coercively recovering standard substance, measurement standards or Coercively destroying or re-exporting standard substance, measurement standards for violation specified at Point b, Clause 1 of this Article.
Article 6. Violations in producing measuring devices
1. A fine of between 5,000,000 dong and 10,000,000 shall be imposed for one of the acts as follows:
a) Producing the measuring devices that are not labeled or labeled with improper writing and measurement.
b) Producing the measuring devices of group 1 not in accordance with technical requirements of measurement announced by organizations and individuals.
c) Failing to writing or engraving according to the legal unit of measurement;
2. A fine of between 10,000,000 dong and 20,000,000 dong shall be imposed for the acts of failing to perform initial inspection for measuring devices of group 2 before putting them into use.
3. A fine of between 20,000,000 dong and 40,000,000 dong shall be imposed for one of the acts as follows:
a) Producing the measuring devices of group 2 without model approval;
b) Producing the measuring devices of group 2 with the model approved but the decision on model approval has expired.
4. A fine of between 40,000,000 dong and 60,000,000 dong shall be imposed for the acts of producing the measuring devices of group 2 not in accordance with the model of measuring device approved by the competent agency.
5. Additional form of sanction:
Depriving the use right of approval decision on measuring device model from 01 month to 03 months for violations specified in Clause 4 of this Article.
6. Remedial measures:
Coercively recycling or destroying the measuring device for violations specified at Point b, Clause 1, 4 of this Article.
Article 7. Violation in importing measuring devices
1. A fine of between 5,000,000 dong and 10,000,000 shall be imposed for one of the acts as follows:
a) Importing measuring devices which are not labeled or labeled with improper writing and measurement;
b) Importing measuring devices of group 1 not in accordance with the technical requirements of measurement announced by organizations and individuals;
c) Importing measuring devices of group 2 without writing or engraving of unit of measurement according to the legal unit of measurement;
2. A fine of between 10,000,000 dong and 20,000,000 dong shall be imposed for the acts of failing to perform the initial inspection for the measuring devices of group 2 imported before putting them into use.
3. A fine of between 20,000,000 dong and 40,000,000 dong shall be imposed for one of the acts as follows:
a) Importing the measuring devices of group 2 whose models have not been approved yet;
b) Importing the measuring devices of group 2 with the model approved but the decision on model approval has expired.
4. A fine of between 40,000,000 dong and 60,000,000 dong shall be imposed for the acts of importing the measuring devices of group 2 not in accordance with the model of measuring device approved by the competent authority.
5. Additional form of sanction:
Depriving the use right of approval decision on measuring device model from 01 month to 03 months for violations specified in Clause 4 of this Article.
6. Remedial measures:
Coercively re-exporting or destroying the measuring device for violations specified at Point b, c, Clause 1, 4 of this Article.
Article 8. Violation in repairing measuring devices
1. A fine of between 5,000,000 dong and 10,000,000 dong shall be imposed for the acts of repair of measuring device of group 1 not in accordance with the technical requirements of measurement announced by the organizations and individuals.
2. A fine of between 10,000,000 dong and 20,000,000 for the acts of failing to perform the inspection of measuring devices of group 2 repaired before putting them into use.
3. A fine of between 20,000,000 dong and 30,000,000 dong shall be imposed for one of the acts as follows:
a) Repairing the measuring devices of group 2 not in accordance with the measuring devices approved by the competent authority;
b) Replacing the structure of the measuring devices but still keeping the technical features of measurement of the measuring devices unchanged or without discrepancy of the measuring device.
4. A fine of between 40,000,000 dong and 50,000,000 dong shall be imposed for the acts of intentionally effecting or replacing the structure of the measuring devices causing discrepancy of the measuring device or changing the technical features of measurement of the measuring device.
5. Remedial measures:
Coercively surrendering the illegal profits earned due to committing the violations specified in Clause 4 of this Article.
Article 9. Violations in trading measuring devices
1. A fine of between 1,000,000 dong and 2,000,000 dong shall be imposed for one of the acts as follows:
a) Trading the measuring devices that are not labeled or labeled not in accordance with the specified content;
b) Trading the measuring devices of group 1 not in accordance with the technical requirements of measurement announced by the organizations and individuals;
c) Trading the measuring devices of group 2 without writing or engraving unit of measurement according to the legal unit of measurement.
2. A fine of between 2,000,000 dong and 4,000,000 dong shall be imposed for one of the acts as follows:
a) Trading the measuring devices of group 2 which have not been inspected;
b) Trading the measuring devices of group 2 whose models have not been approved yet.
c) Trading the measuring devices of group 2 not in accordance with the model of measuring device approved by the competent authority.
3. Remedial measures:
Coercively destroying the measuring devices for violations specified at Point b, Clause 1, Point b and c, Clause 2 of this Article.
Article 10. Violations in using the measuring devices of group 2
1. A caution or a fine of between 200,000 dong and 600,000 dong shall be imposed for one of the following acts when using the measuring devices with their value of less than 1,000,0000 dong calculated by the value of new measuring devices of the same category or the new measuring devices with equivalent technical features at the time of administrative violation:
a) Having no certificate of inspection or inspection mark or stamp (hereafter referred to as certificate of inspection) as prescribed;
b) Using the expired certificate of inspection;
c) Arbitrarily removing seals, lead seals, inspection marks or stamps on the measuring device;
d) Measuring devices do not meet the requirements specified in measurement techniques.
2. A fine of between 2,000,000 dong and 10,000,000 dong shall be imposed for one of the following acts when using the measuring device with the value of between 1,000,000 dong and 30,000,000 dong calculated by the value of new measuring devices of the same category or the new measuring devices with equivalent technical features at the time of administrative violation:
a) Having no certificate of inspection as prescribed;
b) Using the expired certificate of inspection;
c) Arbitrarily removing seals, lead seals, inspection marks or stamps on the measuring device;
d) Failing to perform the control inspection as prescribed.
3. A fine of between 10,000,000 dong and 20,000,000 dong shall be imposed for one of the acts specified in Clause 2 of this Article if using the measuring device with its value of 30,000,000 dong or more calculated by the value of new measuring devices of the same category or the new measuring devices with equivalent technical features at the time of administrative violation:
4. A fine of between 25,000,000 dong and 35,000,000 dong for the acts of using the measuring device with its value of 1,000,000 dong or more calculated by the value of new measuring devices of the same category or the new measuring devices with equivalent technical features at the time of administrative violation having errors and defects or failing to meet the specified measurement technique requirements.
5. A fine of between 70,000,000 dong and 100,000,000 dong shall be imposed for one of the acts if using the measuring device with its value of 1,000,000 dong or more calculated by the value of new measuring devices of the same category or the new measuring devices with equivalent technical features at the time of administrative violation:
a) Using fake certificate of inspection;
b) Altering technical structures and technical features of measurement of the measuring device;
c) Impacting, adjusting, repairing, fitting, reducing, replacing the technical structure by means of measurement techniques to falsify the measurement results or using other devices to regulate the errors of the measuring devices exceeding the tolerance limit;
d) Failing to inspect the measuring devices within the specified time limit on the requirement of the competent authority.
6. Additional form of sanction:
a) Confiscating the material evidence and violating device for violations specified at Point b and c, Clause 5 of this Article;
b) Depriving the use right of certificate of eligibility for business issued by the state competent state authority from 01 to 06 months for violations specified in Clause 4 and 5 of this Article.
7. Remedial measures:
a) Coercively invalidating the certificate of inspection for violations specified at Point a, Clause 5 of this Article.
b)Coercively surrendering the illegal profits earned due to committing the violations specified in Clause 4, at Point b and c, Clause 5 of this Article.
Article 11. Violations of inspectors and inspection organization
1. A fine of between 2,000,000 dong and 4,000,000 shall be imposed for one of the measurement inspector’s acts as follows:
a) Failing to comply with the order and procedures for inspection announced or the inspection process prescribed by the competent measurement authority.
b) Performing the inspection of measuring devices of group 2 without the decision on certification of measurement inspector or it has expired
c) Improperly using certificate of inspection and improper seal and lead seal;
d) Performing the inspection of measuring devices of group 2 whose models have not been approved or improper model approved.
2. A fine of between 5,000,000 dong and 10,000,000 shall be imposed for one of the following acts of the organization of measuring device and measurement standard service provision:
a) Failing to register the inspection activities as prescribed;
b) Performing the inspection beyond the registered range of operation.
c) Failing to comply with the order and procedures for inspection announced;
d) Failing to maintain the prescribed operating conditions for inspection activities registered.
3. A fine of between 10,000,000 dong and 20,000,000 dong shall be imposed for one of the following acts of the inspection organization:
a) Performing the inspection of measuring devices of group 2 beyond the specified range or the inspection capacity recognized;
b) Conducting the inspection of measuring devices of group 2 upon the expiration of the appointment decision or the inspection capacity accreditation decision;
c) Using the measurement standard with the expired calibration certificate to inspect the measuring devices of group 2;
d) Using the measurement standard to inspect the measuring devices of group 2 without the competent authority’s decision on the certification of measurement standard to inspect the measuring devices of group 2 or this decision has expired.
4. A fine of between 30,000,000 dong and 50,000,000 dong shall be imposed for failing to perform the inspection but still issuing the certificate of inspection to the measuring devices of group 2.
5. Additional form of sanction:
a) Depriving the use right of decision on certification of measurement inspector from 01 to 03 months for violations specified in Clause 1 and 4 of this Article;
b) Suspending the operation of the inspection organization from 01 to 03 months for violations specified in Clause 2, 3 and 4 of this Article.
6. Remedial measures:
Coercively revoking the certificate of inspection for violations specified in Clause 4 of this Article.
Article 12. Violations of calibration technician and calibration organization
1. A fine of between 2,000,000 dong and 4,000,000 dong shall be imposed for one of the following acts of the calibration technician:
a) Failing to comply with the order and procedures for calibration announced or the process of calibration prescribed by the competent authority of measurement;
b) Using improper certificate of calibration.
2. A fine of between 5,000,000 dong and 10,000,000 dong shall be imposed for one of the following acts of the organization of measurement standard, measuring device calibration service provision:
a) Failing to register the calibration activities as prescribed;
b) Performing the calibration beyond the registered range of operation;
c) Failing to comply with the order and procedures for calibration announced;
d) Failing to maintain the prescribed operating conditions for calibration activities registered.
3. A fine of between 30,000,000 dong and 50,000,000 dong shall be imposed for one of the following acts of the calibration organization:
a) Calibrating the measurement standards for inspection of measuring device of group 2 beyond the specified range;
b) Conducting the calibration of measurement standard for inspection of measuring device of group 2 upon the expiration of the appointment decision.
c) Failing to properly maintain the conditions for calibration operation specified.
4. A fine of between 50,000,000 dong and 80,000,000 dong shall be imposed for failing to perform the calibration but still issue the certificate of calibration for measurement standard to inspect the measuring devices of group 2.
5. Additional form of sanction:
a) Depriving the use right of Certificate of calibration operation registration from 01 to 03 months for violations specified at Point b, d, Clause 2 of this Article;
b) Suspending the operation of the calibration organization from 01 to 03 months for violations specified in Clause 3, 4 of this Article.
6. Remedial measures:
Coercively revoking the certificate of calibration for violations specified in Clause 4 of this Article.
Article 13. Violation of testing technician and testing organization
1. A fine of between 2,000,000 dong and 4,000,000 dong shall be imposed for one of the following violation of the testing technician:
a) Failing to comply with the order and procedures for testing which have been announced or the testing process specified by the competent authority of measurement;
b) Improperly using certificate of testing;
2. A fine of between 5,000,000 dong and 10,000,000 dong shall be imposed for one of the following violation of the organization of measurement standard, measuring device testing service provision:
a) Failing to register the testing operation as prescribed;
b) Performing the testing beyond the registered range of operation;
c) Failing to comply with the order and procedures for testing which have been announced;
d) Failing to maintain the conditions for registered testing activities as prescribed;
3. A fine of between 25,000,000 dong and 35,000,000 dong shall be imposed for one of the following violations of the appointed testing organization:
a) Testing the measuring devices of group 2 beyond the specified range;
b) Conducting the testing of measuring devices of group 2 upon the expiration of the appointment decision;
c) Failing to maintain the prescribed operating conditions for the testing activities registered.
4. A fine of between 40,000,000 dong and 50,000,000 dong shall be imposed for failing to perform the testing but still issue the result of testing of measuring devices of group 2.
5. Additional forms of sanction:
a) Depriving the use right of Certificate of testing operation registration from 01 to 03 months for violations specified at Point b and d, Clause 2 of this Article;
b) Suspending the testing organization’s operation from 01 month to 03 months for the violation specified at Point c, Clause 3, 4 of this Article.
6. Remedial measures:
Coercively revoking the testing result for the violations specified in Clause 4 of this Article.
Article 14. Violation of measurement for measurement of group 2
1. A fine of between 4,000,000 dong and 10,000,000 dong shall be imposed for one of the following acts:
a) Failing to comply with the requirements for professional qualifications and expertise for the person using the measuring devices upon performance of measurement of group 2 as prescribed by the measurement management agency;
b) Failing to ensure the conditions as prescribed so that the person having relevant rights and obligations may monitor and inspect the performance of measurement, method of measurement, measuring devices and volume of goods and services.
2. The fine level for violation of measurement in trading of goods and service provision in which that volume of goods and services has deviation exceeding the tolerance limit as required by the measuring techniques for the measurement announced by the organizations and individuals or prescribed by the competent authority for illegal profits as follows:
a) A fine of between 5,000,000 dong and 10,000,000 dong shall be imposed if the amount of money earned from the illegal profits is up to 10,000,000 dong;
b) A fine of between 10,000,000 dong and 20,000,000 dong shall be imposed if the amount of money earned from the illegal profits is from over 10,000,000 dong to 50,000,000 dong;
c) A fine of between 20,000,000 dong and 40,000,000 dong shall be imposed if the amount of money earned from the illegal profits is from over 50,000,000 dong to 100,000,000 dong;
d) A fine of between 40,000,000 dong and 60,000,000 dong shall be imposed if the amount of money earned from the illegal profits is from over 100,000,000 dong to 200,000,000 dong;
dd) A fine of 01 time to 02 times of the amount of money earned from illegal profits shall be imposed if this amount is from over 200,000,000 dong to 300,000,000 dong.
e) A fine of 02 times to 03 times of the amount of money earned from illegal profits shall be imposed if this amount is from over 300,000,000 dong to 400,000,000 dong.
g) A fine of 03 times to 04 times of the amount of money earned from illegal profits shall be imposed if this amount is from over 400,000,000 dong to 500,000,000 dong.
h) A fine of 04 times to 53 times of the amount of money earned from illegal profits shall be imposed if this amount is over 500,000,000 dong.
3. Remedial measures:
Coercively surrendering the amount of money earned from illegal profits specified at Point a, b, c and d, Clause 2 of this Article.
Article 15. Violation for the quantity of pre-packaged goods in the production or import
1. A fine of between 4,000,000 dong and 8,000,000 dong shall be imposed for one of the following acts in the production or import of pre-packaged goods:
a) Failing to record the quantity of pre-packaged goods on the label or improperly specify; failing to record and engrave the unit of measurement according to the legal unit of measurement;
b) The quantity of pre-packaged goods does not suit the information on the goods label and accompanying materials or does not suit the technical requirements of measurement announced by the importing organizations and individuals.
c) Having no certificate of eligibility for using the quantity mark on the label of pre-packaged goods of group 2 or the certificate has expired;
d) Failing to show the quantity mark on the label of pre-packaged goods of group 2 as prescribed.
2. The fine level for the acts of production or import of pre-packaged goods but the quantity of those pre-packaged goods has the average value smaller than the permissible average value according to the technical requirements of measurement announced by organizations and individuals or prescribed by the competent authority for earning illegal profits as follows:
a) A fine of between 5,000,000 dong and 10,000,000 dong shall be imposed if the amount of money earned from illegal profits is up to 10,000,000 dong;
b) A fine of between 10,000,000 dong and 20,000,000 dong shall be imposed if the amount of money earned from illegal profits is from over 10,000,000 dong to 50,000,000 dong;
c) A fine of between 30,000,000 dong and 40,000,000 dong shall be imposed if the amount of money earned from illegal profits is from over 50,000,000 dong to 100,000,000 dong;
d) A fine of between 40,000,000 dong and 60,000,000 dong shall be imposed if the amount of money earned from illegal profits is from over 100,000,000 dong to 200,000,000 dong;
dd) A fine of 01 time to 02 times of the amount of money earned from illegal profits shall be imposed if this amount is from over 200,000,000 dong to 300,000,000 dong.
e) A fine of 02 times to 03 times of the amount of money earned from illegal profits shall be imposed if this amount is from over 300,000,000 dong to 400,000,000 dong.
g) A fine of 03 times to 04 times of the amount of money earned from illegal profits shall be imposed if this amount is from over 400,000,000 dong to 500,000,000 dong.
h) A fine of 04 times to 05 times of the amount of money earned from illegal profits shall be imposed if this amount is over 500,000,000 dong.
3. Remedial measures:
Coercively surrendering the amount of money earned from illegal profits specified at Point a, b, c and d, Clause 2 of this Article.
Article 16. Violations of pre-packaged goods quantity in trading
1. A fine of between 2,000,000 dong and 4,000,000 dong shall be imposed for one of the acts as follows:
a) Trading pre-packaged goods without writing the quantity on the goods label or improperly writing; engraving or writing the unit of measurement with improper legal unit of measurement;
b) Trading pre-packaged goods with the quantity not suitable with the information recorded on the goods label and accompanying materials or not suitable with the technical requirements of measurement announced by the importing organizations and individuals.
c) Trading pre-packaged goods of group 2 without showing the quantity mark on the label as prescribed.
2. The fine level for the trading of pre-packaged goods but the quantity of those pre-packaged goods has the average value smaller than the permissible average value according to the technical requirements of measurement announced by the organizations and individuals or prescribed by the competent authority for illegal profits as follows:
a) A fine of between 2,000,000 dong and 5,000,000 dong shall be imposed if the amount of money earned from illegal profits is up to 10,000,000 dong;
b) A fine of between 5,000,000 dong and 10,000,000 dong shall be imposed if the amount of money earned from illegal profits is from over 10,000,000 dong to 50,000,000 dong;
c) A fine of between 10,000,000 dong and 20,000,000 dong shall be imposed if the amount of money earned from illegal profits is from over 50,000,000 dong to 100,000,000 dong;
d) A fine of between 20,000,000 dong and 40,000,000 dong shall be imposed if the amount of money earned from illegal profits is from over 100,000,000 dong to 200,000,000 dong;
dd) A fine of 01 time to 02 times of the amount of money earned from illegal profits shall be imposed if this amount is from over 200,000,000 dong to 300,000,000 dong.
e) A fine of 02 times to 03 times of the amount of money earned from illegal profits shall be imposed if this amount is from over 300,000,000 dong to 400,000,000 dong.
g) A fine of 03times to 04 times of the amount of money earned from illegal profits shall be imposed if this amount is from over 400,000,000 dong to 500,000,000 dong.
h) A fine of 04 times to 05 times of the amount of money earned from illegal profits shall be imposed if this amount is over 500,000,000 dong.
3. Remedial measures:
Coercively surrendering the amount of money earned from illegal profits specified at Pointa, b, c and d, Clause 2 of this Article.
SECTION 2. ADMINISTRATIVE VIOLATION OF STANDARDS AND TECHNICAL REGULATIONS; QUALITY OF PRODUCTS AND GOODS
Article 17. Violation of regulation on applicable published standards
1. A fine of between 2,000,000 dong and 4,000,000 dong shall be imposed for failing to publish standards applied in accordance with regulation in the production or import.
2. A fine of between 6,000,000 dong and 10,000,000 dong shall be imposed for one of the following acts:
a) Producing or importing products and goods not in accordance with the standards published for application;
b) The contents of standards published for application are not in accordance with the provisions of corresponding technical regulations.
3. Remedial measures:
a) Coercively publishing the applied standards for violations specified in Clause 1 of this Article;
b) Coercively altering the purpose of use or recycling products and goods for violations specified at Point a, Clause 2 of this Article.
Article 18. Violation of conformance regulations
1. The fine level for the violation of provisions on conformance announcement, conformance mark or products and goods having their quality not in accordance with the standards published in the wholesaling and retail as follows:
a) A caution or a fine of between 50,000 dong and 200,000 dong shall be imposed if the violating batch of goods is valued up to 10,000,000 dong;
b) A fine of between 200,000 dong and 500,000 dong shall be imposed if the violating batch of goods is valued from over 10,000,000 dong to 20,000,000 dong;
c) A fine of between 500,000 dong and 2,000,000 dong shall be imposed if the violating batch of goods is valued from over 20,000,000 dong to 40,000,000 dong;
d) A fine of between 3,000,000 dong and 9,000,000 dong shall be imposed if the violating batch of goods is valued from over 40,000,000 dong to 80,000,000 dong;
dd) A fine of between 10,000,000 dong and 30,000,000 dong shall be imposed if the violating batch of goods is valued from over 80,000,000 dong to 160,000,000 dong;
e) A fine of between 30,000,000 dong and 50,000,000 dong shall be imposed if the violating batch of goods is valued from over 160,000,000 dong;
2. A fine of between 5,000,000 dong and 15,000,000 dong shall be imposed for one of the following acts in the production or import of products and goods in breach of conformance announcement:
a) Failing to comply with the provisions on order and procedures for conformance announcement;
b) Failing to store dossier for conformance announcement as prescribed;
c) Improperly using the conformance mark;
d) Performing the conformance announcement without registering dossier for conformance announcement at the competent state authority where those organizations and individuals have registered their business;
dd) Failing to re-perform the conformance announcement upon any change in the contents of registered dossier for conformance announcement or any change in the features, utility and characteristics of products, goods and services that have been announced with conformance.
3. The fine level for the acts of production or import of products and goods with their quality not in accordance with the dossier for conformance announcement is as follows:
a) A fine of between 1,000,000 dong and 2,000,000 dong shall be imposed if the violating batch of goods is valued up to 10,000,000 dong;
b) A fine of between 2,000,000 dong and 4,000,000 dong shall be imposed if the violating batch of goods is valued from over 10,000,000 dong to 20,000,000 dong;
c) A fine of between 4,000,000 dong and 10,000,000 dong shall be imposed if the violating batch of goods is valued from over 20,000,000 dong to 40,000,000 dong;
d) A fine of between 10,000,000 dong and 25,000,000 dong shall be imposed if the violating batch of goods is valued from over 40,000,000 dong to 80,000,000 dong;
dd) A fine of between 25,000,000 dong and 50,000,000 dong shall be imposed if the violating batch of goods is valued from over 80,000,000 dong to 150,000,000 dong;
e) A fine of between 50,000,000 dong and 100,000,000 dong shall be imposed if the violating batch of goods is valued from over 150,000,000 dong to 300,000,000 dong;
g) A fine of between 100,000,000 dong and 200,000,000 dong shall be imposed if the violating batch of goods is valued over 300,000,000 dong;
4. A fine of between 30,000,000 dong and 50,000,000 dong shall be imposed for one of the following acts:
a) Failing to periodically maintain the quality control, testing and periodic monitoring as prescribed;
b) Failing to suspend the shipment and recall the unsuitable products and goods that are being circulated in the market if they have high risk and cause unsafety to the users; failing to stop the operation and exploitation of relevant processes, services and environment when necessary;
c) Failing to take remedial measures when detecting that the goods, products and services are not in accordance with the published standards;
d) Failing to inform in writing to the competent state authority of the remedial result of nonconformity before continuing to put the products, goods and services into use, circulation, exploitation and business.
5. Remedial measures:
Coercively recalling the products and goods with unsuitable quality being circulated in the market or changing the purpose of use, recycling or re-exporting those products and goods for violation specified in Clause 3, Point b and c, Clause 4 of this Article.
Article 19. Violation of conformity provisions
1. The fine level for violation of provision on conformity announcement and conformity mark in the trading of products and goods that must be performed with the conformity announcement as follows:
a) A caution or fine of between 100,000 dong and 400,000 dong shall be imposed if the violating batch of goods is valued up to 5,000,000 dong;
b) A fine of between 500,000 dong and 1,000,000 dong shall be imposed if the violating batch of goods is valued from over 5,000,000 dong to 10,000,000 dong;
c) A fine of between 2,000,000 dong and 4,000,000 dong shall be imposed if the violating batch of goods is valued from over 10,000,000 dong to 20,000,000 dong;
d) A fine of between 6,000,000 dong and 12,000,000 dong shall be imposed if the violating batch of goods is valued from over 20,000,000 dong to 40,000,000 dong;
dd) A fine of between 15,000,000 dong and 30,000,000 dong shall be imposed if the violating batch of goods is valued from over 40,000,000 dong to 80,000,000 dong;
e) A fine of between 40,000,000 dong and 60,000,000 dong shall be imposed if the violating batch of goods is valued from over 80,000,000 dong to 200,000,000 dong;
g) A fine of between 80,000,000 dong and 100,000,000 dong shall be imposed if the violating batch of goods is valued over 200,000,000 dong;
2. The fine level for violation of provision on conformity announcement and conformity mark in production or import of products and goods that must be certified with the conformity or the products and goods not in conformity with the corresponding technical regulations as follows:
a) A fine of between 1,000,000 dong and 2,000,000 dong shall be imposed if the violating batch of goods is valued up to 5,000,000 dong;
b) A fine of between 2,000,000 dong and 5,000,000 dong shall be imposed if the violating batch of goods is valued from over 5,000,000 dong to 10,000,000 dong;
c) A fine of between 5,000,000 dong and 10,000,000 dong shall be imposed if the violating batch of goods is valued from over 10,000,000 dong to 20,000,000 dong;
d) A fine of between 10,000,000 dong and 20,000,000 dong shall be imposed if the violating batch of goods is valued from over 20,000,000 dong to 40,000,000 dong;
dd) A fine of between 20,000,000 dong and 40,000,000 dong shall be imposed if the violating batch of goods is valued from over 40,000,000 dong to 80,000,000 dong;
e) A fine of between 40,000,000 dong and 80,000,000 dong shall be imposed if the violating batch of goods is valued from over 80,000,000 dong to 160,000,000 dong;
g) A fine of between 40,000,000 dong and 160,000,000 dong shall be imposed if the violating batch of goods is valued from over 160,000,000 dong to 320,000,000 dong;
h) A fine of between 160,000,000 dong and 300,000,000 dong shall be imposed if the violating batch of goods is valued from over 320,000,000 dong;
3. A fine of between 10,000,000 dong and 20,000,000 dong shall be imposed for one of the following acts in production and import of products and goods that are subject to conformity announcement as prescribed in the corresponding technical regulations
a) Failing to formulate and store dossier for conformity announcement as prescribed;
b) Failing to notify in writing and send the competent authority the materials related to the quality of products and goods as prescribed;
c) Failing to publish on media the conformity announcement of products and goods for consumers’ easy access;
d) Failing to provide the copy of certificate of conformity and the announcement of receipt of conformity announcement as prescribed for organizations and individuals selling products and goods.
4. A fine of between 20,000,000 dong and 30,000,000 dong for one of the following acts in the production or import of products and goods that are subject to the conformity announcement as prescribed in the corresponding technical regulations:
a) Failing to perform the conformity announcement;
b) Failing to register dossier for conformity announcement at the state competent authority where the organizations and individuals have registered their business;
c) Failing to periodically maintain the quality control, testing and periodic monitoring as prescribed;
d) Failing to use the conformity mark for products and goods that have been announced with the conformity as prescribed when putting them into circulation in the market;
dd) Failing to perform the timely preventive measures when found that their goods are being circulated or put into use but their quality is not suitable with the conformity announcement or the corresponding technical regulations;
e) Failing to re-perform the announcement when there is a change in the content of the registered dossier for conformity announcement or change in the features, utility and characteristics of products, goods and services that have been announced with the conformity.
g) Using chemicals and additives that have not been registered at the competent authority upon production of goods and products.
5. A fine of between 50,000,000 dong and 100,000,000 for failing to perform the conformity certification in the production or import of products and goods that are subject to the conformity certification or use of expired certificate of conformity or conformity mark;
6. Additional form of sanction:
Depriving the use right of certificate of conformity or conformity mark from 01 month to 03 months for violation specified at Point e and g, Clause 4 of this Article.
7. Remedial measures:
a) Coercively recalling products and goods for violations specified in Clause 1, 2 of this Article;
b) Coercively recalling products and goods with unsuitable circulating in the market or Coercively changing the purpose of use or recycling or destroying or re-exporting these products and goods for violation specified in Clause 2, 4 and 5 of this Article.
Article 20. Violation of goods quality circulating in the market
1. Applying the provisions in Clause 1, Article 18 of this Decree for sanctioning violation of conformance in the wholesale and retail of goods circulating in the market.
2. Applying the provisions in Clause 1, Article 19 of this Decree for sanctioning the violation of conformity in the wholesale and retail of goods circulating in the market.
3. Applying the Government’s regulations on sanctioning administrative violation in the field of commercial activities to sanction the acts of production and trading of fake goods.
Applying the provisions in Clause 5, Article 28 of this Decree to sanction the fraudulent acts of shelf life of goods on the label.
4. A caution or fine of between 400,000 dong and 1,000,000 dong shall be imposed for selling goods without announcement of applicable standards as prescribed.
5. A fine of 01 times to 02 times of the total value of products and goods at the time of violation for the act of selling products and goods whose quality is not suitable with the applicable published standards.
6. A fine of 02 times to 03 times of the total value of products and goods at the time of violation for acts violating replacement, fraudulently exchanging, adding or reducing components or additives, mixing impurities that can degrade products and goods compared with the applicable published standards.
7. A fine of 03 times to 05 times of the total value of products and goods at the time of violation for one of the following acts:
a) Selling products and goods whose quality is not suitable with the provisions of corresponding technical regulations;
b) Replacing, fraudulently exchanging, adding and reducing components or additives, mixing impurities to reduce the quality of products and goods compared with the provisions of the relevant technical regulations.
8. Additional form of sanction:
a) Depriving the use right of certificate of eligibility for business issued by the competent authority from 01 to 06 months for violations specified in Clause 7 of this Article;
b) Confiscating to destroy the product and goods which are not safe to use for people, domestic animal, plants and affect the ecology and environment for violations specified in Clause 5 to Clause 7 of this Article when there is no remedial measures specified in Clause 9 of this Article.
9. Remedial measures:
Coercively converting the purposes of use or recycling for violations specified in Clause 5, 6 and 7 of this Article.
Article 21. Violating regulations on conformity assessment
1. A fine of between 30,000,000 dong and 40,000,000 dong shall be imposed for one of the following acts:
a) Failing to register operation fields as prescribed;
b) Performing the conformity assessment beyond the registered fields.
2. A fine of 40,000,000 dong and 50,000,000 dong shall be imposed for one of the following acts:
a) Performing the conformity assessment for state management beyond the specified fields;
b) Performing the conformity assessment for state management without appointment or upon expiration of appointment decision;
c) Failing to ensure the maintenance of organizational structure and capacity that have been registered as required by the relevant standards;
d) Failing to comply with processes of conformity assessment approved or registered as prescribed;
dd) Failing to perform the periodic monitoring assessment for organizations and individuals that request the conformity;
e) Using the testing organization whose operation fields have not been registered as prescribed.
3. A fine of 70,000,000 dong to 100,000,000 dong shall be imposed for one of the following acts:
a) Providing wrong result of conformity assessment;
b) Performing the assessment without independence and objectivity assurance.
4. A fine of 100,000,000 dong to 150,000,000 dong shall be imposed for one of the following acts:
a) Using false and forged documents and materials to register the conformity assessment or register the appointment of conformity assessment.
b) Failing to perform the conformity assessment but still issuing its result;
c) Falsifying dossier and materials of conformity assessment;
d) Performing the consultation activities for organizations and individuals requesting the certification;
dd) Cheating in the activities of conformity assessment;
e) Failing to take remedial measures of violations as required by the competent authority.
5. Additional form of sanction:
a) Depriving the use right of certificate of operation field registration or appointment decision from 01 to 03 months for violations specified at Point b, Clause 1, 2 and 3 of this Article;
b) Depriving the use right of certificate of conformity assessment operation registration from 01 to 03 months for violations specified at Point b, c, d, dd and e, Clause 4 of this Article;
6. Remedial measures:
Coercively revoking the result of conformity assessment issued for violations specified in Clause 3, at Point b, c, d, dd, Clause 4 of this Article.
Article 22. Regulation violations on training, consultation in the state management area of quality measurement standards
1. A fine of between 10,000,000 dong and 20,000,000 dong shall be imposed for one of the following acts:
a) Failing to register the operation field as prescribed;
b) Providing training and consultation beyond the registered fields;
2. A fine of between 20,000,000 dong and 30,000,000 dong shall be imposed for one of the following acts:
a) Failing to ensure the maintenance of organizational structure and capacity that have been registered as required by the relevant standards;
b) Failing to comply with the processes of training and consultation approved or registered as prescribed.
3. A fine of between 30,000,000 dong and 40,000,000 dong shall be imposed for one of the following acts:
a) Performing the entire or partial training or consultation without permission for registration of training and consultation;
b) Using false and forged dossiers and materials to register the training and consultation activities;
c) Falsifying dossier and materials of training and consultation;
4. Additional form of sanction:
Depriving the use right of certificate of operation field registration from 01 to 03 months for violations specified at Point b, Clause 1, 2 and 3 of this Article;
Article 23. Violation of accreditation regulations
1. A fine of between 20,000,000 dong and 30,000,000 dong shall be imposed for one of the following acts:
a) Failing to register the accreditation operation as prescribed;
b) Perform the accreditation beyond the registered fields;
2. A fine of between 30,000,000 dong and 40,000,000 dong shall be imposed for one of the following acts:
a) Failing to maintain the organizational structure, management system and operation capacity of the accreditation organization as prescribed;
b) Failing to announce the process, procedures for assessment, accreditation and other requirements related to the accreditation activities;
c) Performing the assessment and accreditation not in accordance with the process and procedures announced and standards and corresponding technical regulations used for assessment and accreditation or insufficiently performing the processes, procedures, standards and technical regulations above mentioned.
3. A fine of between 40,000,000 dong and 50,000,000 dong shall be imposed for one of the following acts:
a) Issuing certificate of accreditation beyond the jurisdiction or failing to perform periodical monitoring for accredited organizations;
b) Failing to perform the assessment and accreditation with the independence and objectivity;
c) Signing contract to provide the accreditation consultation services for organizations requesting the accreditation;
d) Failing to take remedial measures after receiving the notice of the competent state authority of conformity assessment which has been accredited in breach of relevant regulations of law.
4. A fine of between 60,000,000 dong and 100,000,000 dong shall be imposed for one of the following acts:
a) Falsifying dossiers and materials in accreditation activities;
b) Failing to take remedial measures of violations as required by the competent authority;
c) Issuing and maintaining the certificate of accreditation to the conformity assessment organization in breach of requirements and conditions for the conformity assessment organization as prescribed in the relevant legal normative documents.
5. Additional form of sanction:
Depriving the use right of certificate of accreditation operation registration from 01 to 03 months for violations specified at Point b, Clause 1, 2, 3 and 4 of this Article.
6. Remedial measures:
Coercively revoking all issued certificates of accreditation for violations specified in Clause 3 and 4 of this Article.
Article 24. Forgery acts related to standards and technical regulations and quality of products and goods
1. A fine of between 10,000,000 dong and 30,000,000 dong shall be imposed for providing the false and untruthful information about the quality of products and goods for the consumers or on mass media.
2. A fine of between 30,000,000 dong and 50,000,000 dong shall be imposed for one of the following acts:
a) Forging the conformance mark and conformity mark, conformance certification or conformity certification, conformance announcement and conformity announcement in order to be recorded or attached on the products and goods or accompanying materials;
b) Forging the testing result, examination result, inspection result or result of product and goods quality inspection;
3. Additional form of sanction:
a) Suspending the activities of production, import and trading of products and goods from 01 month to 03 months for violation specified at Point a, Clause 2 of this Article;
b) Confiscating the testing result or certificate of examination, inspection and testing of quality for violations specified at Point b, Clause 2 of this Article.
4. Remedial measures:
Coercively removing the violating elements recorded and attached to products and goods. If failing to remove the violating elements, it is obligatory for the goods and products in breach of provisions specified at Point a, Clause 2 of this Article.
SECTION 3. ADMINISTRATIVE VIOLATION OF GOODS LABEL, CODE AND BARCODE
Article 25. Regulation violations on goods label in products and goods trading
1. A caution or fine of between 100,000 dong and 300,000 dong shall be imposed for one of the following acts if the value of violating goods are up to 5,000,000 dong:
a) Goods are labeled but obscured, torn, faded and illegible or all the contents on the labels cannot be read;
b) Goods must have labels as prescribed but without labeling;
c) Goods having labels not as prescribed on the size of Vietnamese and foreign language, usable language and unit of measurement;
d) Goods whose original labels or minor labels are erased and corrected to falsify information about the goods.
2. A fine for violation specified in Clause 1 of this Article according to the fine level shall be imposed as follows:
a) A fine of between 300,000 dong and 500,000 dong shall be imposed if the violating goods are valued from over 5,000,000 dong to 10,000,000 dong;
b) A fine of between 500,000 dong and 1,000,000 dong shall be imposed if the violating goods are valued from over 10,000,000 dong to 20,000,000 dong;
c) A fine of between 1,000,000 dong and 2,000,000 dong shall be imposed if the violating goods are valued from over 20,000,000 dong to 30,000,000 dong;
d) A fine of between 2,000,000 dong and 3,000,000 dong shall be imposed if the violating goods are valued from over 30,000,000 dong to 50,000,000 dong;
dd) A fine of between 3,000,000 dong and 5,000,000 dong shall be imposed if the violating goods are valued from over 50,000,000 dong to 70,000,000 dong;
e) A fine of between 5,000,000 dong and 7,000,000 dong shall be imposed if the violating goods are valued from over 70,000,000 dong to 100,000,000 dong;
g) A fine of between 7,000,000 dong and 10,000,000 dong shall be imposed if the violating goods are valued from over 100,000,000 dong;
3. Remedial measures:
Coercively recalling products and goods with violating labels or Coercively re-writing the goods labels as prescribed for violations specified in Clause 1, 2 of this Article.
Article 26. Regulation violations on mandatory contents on the goods labels or mandatory contents shown on labels based on the nature of goods
1. A caution or fine of between 200,000 dong and 400,000 dong shall be imposed for one of the following acts if the violating goods are valued up to 5,000,000 dong;
a) Goods with labels (including stamp or minor label) or accompanying materials with insufficient or improper writing of mandatory contents on the goods labels or the mandatory contents must be shown on the label by the nature of goods as prescribed by law on goods label;
b) The imported goods with original labels in foreign language but without minor labels in Vietnamese language.
2. A fine for violation specified in Clause 1 of this Article according to the fine level shall be imposed as follows:
a) A fine of between 300,000 dong and 500,000 dong shall be imposed if the violating goods are valued from over 5,000,000 dong to 10,000,000 dong;
b) A fine of between 500,000 dong and 1,000,000 dong shall be imposed if the violating goods are valued from over 10,000,000 dong to 20,000,000 dong;
c) A fine of between 1,000,000 dong and 2,000,000 dong shall be imposed if the violating goods are valued from over 20,000,000 dong to 30,000,000 dong;
d) A fine of between 2,000,000 dong and 5,000,000 dong shall be imposed if the violating goods are valued from over 30,000,000 dong to 50,000,000 dong;
dd) A fine of between 5,000,000 dong and 7,000,000 dong shall be imposed if the violating goods are valued from over 50,000,000 dong to 70,000,000 dong;
e) A fine of between 7,000,000 dong and 10,000,000 dong shall be imposed if the violating goods are valued from over 70,000,000 dong to 100,000,000 dong;
g) A fine of between 10,000,000 dong and 15,000,000 dong shall be imposed if the violating goods are valued up to 100,000,000 dong;
3. The fine level for trading goods with labels containing pictures, drawings, writings, signs, symbols, medals, awards and other information that are of improper nature and truth about those goods; trading imported goods with original labels or minor labels which are erased or altered to falsify information about the goods as follows:
a) A caution or fine of between 500,000 dong and 1,000,000 dong shall be imposed if the violating goods are valued to 5,000,000 dong;
b) A fine of between 1,000,000 dong and 2,000,000 dong shall be imposed if the violating goods are valued from over 5,000,000 dong to 10,000,000 dong;
c) A fine of between 2,000,000 dong and 4,000,000 dong shall be imposed if the violating goods are valued from over 10,000,000 dong to 20,000,000 dong;
d) A fine of between 4,000,000 dong and 6,000,000 dong shall be imposed if the violating goods are valued from over 20,000,000 dong to 30,000,000 dong;
dd) A fine of between 7,000,000 dong and 10,000,000 dong shall be imposed if the violating goods are valued from over 30,000,000 dong to 50,000,000 dong;
e) A fine of between 10,000,000 dong and 15,000,000 dong shall be imposed if the violating goods are valued from over 50,000,000 dong to 70,000,000 dong;
g) A fine of between 15,000,000 dong and 20,000,000 dong shall be imposed if the violating goods are valued from over 70,000,000 dong to 100,000,000 dong;
h) A fine of between 20,000,000 dong and 25,000,000 dong shall be imposed if the violating goods are valued over 100,000,000 dong;
4. The fine level for trading imported goods which must have goods labels but without any one; without original label or with the ones but having changes as follows:
a) A caution or fine of between 1,000,000 dong and 2,000,000 dong shall be imposed if the violating goods are valued over 5,000,000 dong;
b) A fine of between 2,000,000 dong and 3,000,000 dong shall be imposed if the violating goods are valued from over 5,000,000 dong to 10,000,000 dong;
c) A fine of between 3,000,000 dong and 6,000,000 dong shall be imposed if the violating goods are valued from over 10,000,000 dong to 20,000,000 dong;
d) A fine of between 6,000,000 dong and 12,000,000 dong shall be imposed if the violating goods are valued from over 20,000,000 dong to 30,000,000 dong;
dd) A fine of between 12,000,000 dong and 20,000,000 dong shall be imposed if the violating goods are valued from over 30,000,000 dong to 50,000,000 dong;
e) A fine of between 20,000,000 dong and 25,000,000 dong shall be imposed if the violating goods are valued from over 50,000,000 dong to 70,000,000 dong;
g) A fine of between 25,000,000 dong and 30,000,000 dong shall be imposed if the violating goods are valued from over 70,000,000 dong to 100,000,000 dong;
h) A fine of between 30,000,000 dong and 40,000,000 dong shall be imposed if the violating goods are valued over 100,000,000 dong;
5. A fine of more than 02 times of the fine level specified from Clause 1 to Clause 4 of this Article for one of the following acts:
a) Trading goods with fake labels;
b) Defrauding the shelf life of goods on the goods labels;
c) Violation of goods labels for food and foodstuff products, medicine, preventive medicine, functional foods, cosmetics, animal feed, children toys.
6. Additional form of sanction:
Confiscating goods which do not ensure the use safety for humans, domestic animals, plants, and affect the ecology and environment for violations specified in Clause 1 and Clause 5 for failing to take the remedial measures prescribed at Point a, Clause 7 of this Article.
7. Remedial measures:
a) Coercively recalling goods in breach of labels being circulated in the market for violations specified in this Article;
b) Coercively destroying the goods labels in breach of provisions of Clause 5 of this Article or coercively destroying the goods which do not ensure the use safety for humans, domestic animals, plants, and affect the ecology and environment for violations specified in Clause 2, 3, 4 of this Article.
Article 27. Regulation violations on barcode
1. A fine of between 2,000,000 dong and 5,000,000 dong shall be imposed for one of the following acts:
a) Failing to notify in writing the competent authority upon the change in name, transaction address on the business license or certificate of right to use code and barcode that are lost or damaged;
b) Failing to produce legal documents proving the right to use code and barcode as required by the competent authority;
c) Failing to send the list of Global Trade Item Number (GTIN) and Global Location Number (GLN) used for the competent authority;
d) Failing to notify in writing with the documents evidencing the use of foreign code with the competent authority upon using foreign codes for products, goods produced in Vietnam.
2. A fine of 6,000,000 dong and 10,000,000 dong shall be imposed for one of the following acts:
a) Using the barcode with the Vietnam National code (893) without being issued with the certificate of right to use code and barcode by competent authority certificate using barcodes;
b) Illegally using the code and barcode of other enterprises that have been issued with certificate of right to use code and barcodes;
c) Using signs which may cause confusion over the code and barcode;
d) Failing to pay annual fees for maintenance of use of code and barcode.
3. A fine of 10,000,000 dong and 20,000,000 dong shall be imposed for using foreign code and barcode to print on products and goods produced in Vietnam without written permission of foreign competent authority or organization owning those codes and barcodes:
4. Remedial measures:
Coercively recalling the goods with their codes and barcodes in breach of violations specified in Clause 2, 3 of this Article.
Article 28. Violation of certificate use and certificate issuance on using code and barcode
1. A fine of between 10,000,000 dong and 20,000,000 dong shall be imposed for one of the following acts:
a) Falsifying the certificate of right to use code and barcode;
b) Issuing the certificate of right to use code and barcode beyond the jurisdiction.
2. Additional form of sanction:
Confiscating the fake certificate of right to use code and barcode for violations specified at Point a, Clause 1 of this Article.
3. Remedial measures:
Coercively revoking the certificate of right to use code and barcode for violations specified at Point b, Clause 1 of this Article.
Chapter 3.
JURISDICTION TO RECORD ADMINISTRATIVE VIOLATIONS AND ADMINISTRATIVE SANCTIONS
Article 29. Sanctioning jurisdiction of inspectors in science and technology
1. Inspectors, who are assigned the tasks to perform the specialized inspection of measurement standards and quality of products and goods on duty have the right to:
a) Impose a caution;
b) Impose a fine of up to 500,000 dong for individuals and 1,000,000 for organizations;
c) Confiscating material evidences and means used for administrative violations with their value not exceeding the maximum fine prescribed at Point b of this Clause;
d) Applying remedial measures to coercively destroy the products and goods that are harmful to human health, domestic animals, plants and the environment.
2. Chief Inspector of the Service of Science and Technology; Head of specialized inspection teams of Service of Science and Technology and Head of the specialized inspection team of Directorate for Standards, Measure and Quality have the right to:
a) Impose a caution;
b) Impose a fine of up to 50,000 dong for individuals and 100,000 for organizations;
c) Temporarily suspending operations or suspending operation depriving the use right of decision, license, certificate, certificate of practice issued by the competent agencies or organizations;
d) Confiscating material evidences and means used for administrative violations with their value not exceeding the maximum fine prescribed at Point b of this Clause;
dd) Applying remedial measures as prescribed in Chapter II of this Decree.
3. Head of specialized inspection teams of Ministry of Science and Technology has the right to:
a) Impose a caution;
b) Impose a maximum fine in the field of measurement of up to 70,000,000 dong for individuals and 140,000,000 dong for organization; impose a maximum fine in the field of standards and quality of products and goods of up to 105,000,000 for individuals and 210,000,000 dong for organizations;
c) Temporarily suspending operations or temporarily depriving the use right of decision, license, certificate, certificate of practice or temporarily suspending operation;
d) Confiscating material evidences and means used for administrative violations with their value not exceeding the maximum fine prescribed at Point b of this Clause;
dd) Applying remedial measures as prescribed in Chapter II of this Decree.
4. Chief Inspector of the Ministry of Science and Technology and Director General of Directorate for Standards, Measure and Quality have the right to:
a) Impose a caution;
b) Impose a maximum fine as prescribed by this Decree;
c) Temporarily suspending operations or suspending operation depriving the use right of decision, license, certificate, certificate of practice issued by the competent agencies or organizations;
d) Confiscating material evidences and means used for administrative violations with their value not exceeding the maximum fine prescribed at Point b of this Clause;
dd)Applying remedial measures as prescribed in Chapter II of this Decree.
Article 30. Jurisdiction sanction of Chairman of People’s Committee in all levels
1. Chairmen of communal-level People’s Committee have a right:
a) Impose a caution;
b) Impose a fine of up to 5,000,000 dong for individuals and 10,000,000 for organizations;
c) Confiscating material evidences and means used for administrative violations with their value not exceeding the maximum fine prescribed at Point b of this Clause;
d) Applying remedial measures to coercively destroy the products and goods that are harmful to human health, domestic animals, plants and the environment.
2. Chairmen of district-level People’s Committee have a right::
a) Impose a caution;
b) Impose a fine of up to 50,000,000 dong for individuals and 100,000,000 for organizations;
c) Temporarily suspending operations or suspending operation depriving the use right of decision, license, certificate, certificate of practice issued by the competent agencies or organizations;
d) Confiscating material evidences and means used for administrative violations with their value not exceeding the maximum fine prescribed at Point b of this Clause;
dd) Applying remedial measures as prescribed in Chapter II of this Decree except for re-export of products and goods in breach of the law on standards, measure and quality of products and goods or imported measuring devices and measurement standards not in accordance with regulations on measure.
3. Chairmen of provincial-level People’s Committee have a right:
a) Impose a caution;
b) Impose a maximum fine as prescribed by this Decree;
c) Temporarily suspending operations or suspending operation depriving the use right of decision, license, certificate, certificate of practice issued by the competent agencies or organizations;
d) Confiscating material evidences and means used for administrative violation;
dd) Applying remedial measures as prescribed in Chapter II of this Decree.
Article 31. Jurisdiction sanction of people’s police, customs, market management and other specialized inspection
1. People having sanctioning jurisdiction of police agency have a jurisdiction to inspect and record administrative violations, impose administrative sanction and apply remedial measures for administrative violations specified in this Decree under their field of management as prescribed in Article 39 and Article 52 of the Law on handling of administrative violations.
2. People having sanctioning jurisdiction of customs agency have a jurisdiction to inspect and record administrative violations, impose administrative sanction and apply remedial measures for administrative violations specified in this Decree related to the export and import of goods and services related to export and import of goods under their field of management as prescribed in Article 42 and Article 52 of the Law on handling of administrative violations.
3. People having sanctioning jurisdiction of the market management agency have a jurisdiction to inspect and record administrative violations, impose administrative sanction and apply remedial measures for administrative violations specified in this Decree under their field of management as prescribed in Article 45 and Article 52 of the Law on handling of administrative violations.
4. People having sanctioning jurisdiction of other specialized inspection agencies have a jurisdiction to inspect and record administrative violations, impose administrative sanction and apply remedial measures for administrative violations specified in this Decree under their field of management as prescribed in Article 46 and Article 52 of the Law on handling of administrative violations.
Article 32. Jurisdiction on administrative violation records
1. The titles referred to in Article 29, 30, 31 of this Decree and public servants and officials on duty detecting administrative violations in the field of standards, measure and quality of products and goods are entitled to record the administrative violations as prescribed.
2. The head of specialized inspection team on the standards, measure and quality of products and goods is entitled to record the administrative violations upon detection of violation and the record will be transferred to the person having competence in sanction in order to conduct the sanctions as prescribed by law.
Chapter 4.
IMPLEMENTATION PROVISIONS
Article33. Implementation effect
1. This Decree takes effect on September 15, 2013.
2. The Decree No. 54/2009/ND-CP dated June 05, 2009 of the Government stipulating the sanction of administrative violations in the field of standards, measure and quality of products and goods will be invalid on the effective date of this Decree.
Article 34. Transitional clauses
For administrative violations in the field of standards, measure and quality of products and goods occurring before July 01, 2013 but then detected or reviewed or settled shall be applied with provisions beneficiary to the violating organizations and individuals.
Article35. Implementation responsibilities
1. The Minister of Science and Technology is responsible for guiding and organizing the implementation of this Decree.
2. The Ministers, heads of ministerial-level agencies, heads of government-attached agencies, Chairmen of People s Committees of provinces and centrally-affiliated cities are liable to execute this Decree. /.
For the Government
The Prime Minister
Nguyen Tan Dung
Vui lòng Đăng nhập tài khoản gói Nâng cao để xem đầy đủ bản dịch.
Chưa có tài khoản? Đăng ký tại đây
Lược đồ
Vui lòng Đăng nhập tài khoản gói Tiêu chuẩn hoặc Nâng cao để xem Lược đồ.
Chưa có tài khoản? Đăng ký tại đây
Chưa có tài khoản? Đăng ký tại đây