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The Decree 54/2009/nd-Cp: Provisions On Sanctioning Administrative Violations In The Field Of Standardization, Metrology And Quality Of Products, Commodities

Original Language Title: Nghị định 54/2009/NĐ-CP: Quy định về xử phạt vi phạm hành chính trong lĩnh vực tiêu chuẩn, đo lường và chất lượng sản phẩm, hàng hóa

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The DECREE regulating the sanctioning administrative violations in the field of standardization, metrology and quality of products, commodities _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ the GOVERNMENT pursuant to the law on organization of the Government of 25 December 2001;
Pursuant to the law of standards and technical regulation on June 29, 2006;
Pursuant to the law of product quality, the goods on November 21, 2007;
The Ordinance on measuring base 6 October 1999;
Basing the Ordinance on administrative violations processing July 2, 2002, the revised Ordinance, supplementing some articles of the Ordinance on handling administrative violations on 02 Apr 2008;
Considering the recommendation of the Minister of science and technology, the DECREE: chapter I GENERAL PROVISIONS article 1. Scope 1. This Decree regulates the administrative violations, the form and the level of punishment, remedial measures, jurisdiction and procedure for sanctioning of administrative violations in the field of technical regulation and standards; measure; the quality of products, commodities; cargo label and barcode (hereinafter referred to as the field of standards, metrology and quality of products, commodities).
2. administrative violations in the field of standardization, metrology and quality products, goods is intentional or unintentional acts of individuals, agencies and organizations (hereinafter referred to as the organization or individual) to violate the provisions of the law on standardization, metrology and product quality the goods, which is not a crime and under the provisions of the law are sanctioned administrative offense.
Article 2. The object to apply the Organization, individuals, organizations, Vietnam foreign individuals have administrative violations in the field of standards, metrology and product quality, the goods on the territory of Vietnam, the Government sanctioned under the provisions of this Decree.
Article 3. The sanctions administrative violations and remedial measures 1. Administrative violations in the field of standards, metrology and product quality, the goods shall bear one of the following sanctions: a) caution;
b) fine.
2. Depending on the nature and extent of the violation, the Organization, the individual administrative violations in the field of standardization, metrology and quality products, goods can be applied one or the additional sanctions: a) deprived of the right to use: the certificate of conformity; the certificate of conformity; certificate of the Organization's operating conditions the certificate of conformity; certificate of inspection, inspection stamps, check mark; the license, certificate of practice by the Agency for standards and quality levels;
b) deprived of the right to use: model approval decisions measuring means; the decision means measuring standard certification; the decision recognises the possibility of measuring means testing; the decision to designate test organization for quality; measurement accreditation card;
c) confiscated exhibits, means of administrative violations in the field of standardization, metrology and quality of products, merchandise, which includes papers, documents were corrected, erased or tampered or due to wrong supply regulations.
3. In addition to the sanctions, additional sanctions, organization, individual administrative violations can also be applied to one or more remedial measures: a) Forced to restore original state has been changed due to administrative violations cause;
b) withdrawal of the State budget the amount of illegal profits made by the administrative violations there;
c) Forced to recycle or destroy the product, goods infringing the law on standards, measurement and quality products, goods;
d) forced the re-export or destruction of goods imported in violation of laws on standards, measurement and quality of products, goods or the means of measuring the incorrect import regulations on metrology;
DD) Forced recovery products, goods or the means of measuring the violation was saved;
e) enforce inspection and complete approval procedures for media samples measured in the prescribed time limit;
g) enforce regulations on measurement for pre-packaged goods.
Chapter II ADMINISTRATIVE VIOLATIONS, the form and the LEVEL of SANCTIONS 1. VIOLATIONS of the ADMINISTRATION of Measurement 4. Violations of the regulations on measurement in measuring means of production in category measured media to test 1. Fine of 2,000,000 to 4,000,000 copper copper from for measuring media labeling behavior is not properly defined or not, engraving unit according to the official unit of measurement.
2. A fine of 4,000,000 copper to copper 7,000,000 for behaviour do not perform initial testing for the media measure before put into use to quantify the goods, payment, purchase, sale, protection of health or safety, the protection of the environment.
3. Fine fellow to 7,000,000 12,000,000 contract for one of the following behaviors: a) the measuring media production when not yet approved form;
b) measuring media production approved samples but the decision approving model discontinued.
4. A fine of 15,000,000 20,000,000 for copper to copper acts produce incorrect measurement means of measuring media sample has been approved.
5. additional sanctions: deprived of the right to use the decision to approve the form of the media measure up to 90 days for violations of the provisions of paragraph 4 of this Article.
6. remedial measures: a) Forcing the record, carved on the media unit of measurement the measurement according to the official unit of measurement, measuring the correct media label binding regulations for violations of the provisions of paragraph 1 of this article;
b) enforce inspection within a period of 30 days for violations of the provisions in paragraph 2 of this Article;
c) forced the complete procedure of approval of the means of samples measure within a period not exceeding 60 days for violations of the provisions of paragraph 3 of this article.
Article 5. Violations of the regulations on measurement in measuring vehicle imports in the category measuring means to test 1. Fine of 2,000,000 to 4,000,000 copper copper from for measuring media import behavior labeled means incorrect record regulations measure or record, carving the unit do not follow the official unit of measurement.
2. A fine of 4,000,000 VND to 7,000,000 contract for behavior does not perform the initial inspection of the vehicles imported before measurement used to quantify the goods, payment, purchase, sale of goods, protection of health or safety, the protection of the environment.
3. Fine fellow to 7,000,000 12,000,000 contract for one of the following behaviors: a) measure means imports approved form;
b) import means the approved meter pattern approval decision but discontinued model.
4. A fine fellow to fellow 20,000,000 15,000,000 words for measuring media import behavior incorrectly measured media sample for approval.
5. remedial measures: a) additional records Forced the label means the measurement rules; tying the record, carved on the media unit of measurement the measurement according to the official unit of measurement for violations of the provisions of paragraph 1 of this article;
b) enforce regulatory control with regard to violations of the provisions in paragraph 2 of this Article;
c) forced the complete procedure of approval of the means of samples measure within a period not exceeding 60 days for violations of the provisions of paragraph 3 of this article.
d) forced the re-export or destruction of the measuring means for violations of the provisions of paragraph 4 of this Article.
Article 6. Violations of the regulations on measurement in measuring media business in the category measuring means to test 1. A fine of 300,000 to 500,000 Dong Dong from for one of the following behaviors: a) measure means business auditing; the media measure has not yet been approved form;
b) measuring media business with no label or labeled incorrectly specified content record or record, carving the unit of measurement is not properly regulated.
2. remedial measures: a) enforce early testing for violations of the provisions of art. 1 of this article;
b) Forcing the media labeling measure, unit of measurement of the measuring means prescribed for violations specified in point b of paragraph 1 of this article.
Article 7. Violations of the regulations on measurement in the retail trade activities 1. A fine from 200,000 to 500,000 Dong Dong for one of the following behaviors to make measurements in the retail trade activity: a media control measure);
b) audit certification means to measure expired;
c) precision measuring instrumentation, measurement range is not guaranteed.
2. A fine of 5,000,000 3,000,000 Dong to Dong for measured behaviour in retail trade activities have lacked the limit allowed under the rules.
3. the remedial measures: enforce media control measure before the measuring media usage on the retail trade activity for violations of the provisions of paragraph 1 of this article.
Article 8. Violations of the regulations on measurement in measuring media usage in the media category measured to test 1. A fine from 200,000 to 500,000 Dong Dong for one of the following behaviors when using the means of measuring value smaller than 500,000 gays under new measuring media values of the same type or a new measurement instrumentation specifications equivalent at the time of administrative violations: a) no certificate of inspection or auditing inspection stamps or marks as specified.
b) inspection certificate or inspection or the audit stamp seal has expired;
c) measuring means unsatisfactory rules on measurement.
2. A fine of 4,000,000 VND to 7,000,000 contract for one of the following behaviors when using the means of measuring value from 500,000 Dong upwards by means of new measuring value of the same type or a new measurement instrumentation specifications equivalent at the time of administrative violations : a) no certificate of inspection or auditing inspection stamps or marks as specified;
b) inspection certificate or inspection or the audit stamp seal has expired.
3. Fine fellow to fellow 12,000,000 7,000,000 for measuring media usage behavior is wrong, damaged or does not meet the requirements of the measurement.
4. A fine of 15,000,000 30,000,000 VND to Board for one of the following behaviors when using the means of measurement: a) fraud in the use of the certificate of inspection or auditing inspection stamp or mark;

b) Do change the technical status, measurement characteristics of means of measurements;
c) do not perform media control measure within prescribed time limit at the request of the competent authority.
5. additional sanctions: confiscated exhibits violation for violations specified in point b of paragraph 4 of this Article.
6. remedial measures: a) enforce measurable media accreditation for violations of the provisions of paragraph 1, item 2, paragraph 3, point c, paragraph 4 of this Article;
b) forced the destruction of a certificate of inspection or auditing inspection stamp or mark for violations specified in point a of this clause 4;
c) withdrawal of the State budget the amount of illegal profits made by the violations specified in point b of this clause 4 under the guidance of the Ministry of science and technology.
Article 9. Violations of the regulations on inspection of measuring means of measurement accreditation, auditing organizations.
1. A fine of from 1,000,000 to 2,000,000 VND VND for one of the following behaviors of measurement accreditation: a) done media control measure when no decision on certification and accreditation card level measurement or certification decision and the level of measurement accreditation card has expired;
b) non-compliance auditing process;
c) use the certificate of inspection, inspection stamps, improper auditing rules; sealed, lead clamp not properly regulated;
d) media accreditation measure approved form or does not properly form has been approved.
2. A fine of 2,000,000 VND to 4,000,000 VND for one of the following behaviors of the auditing organization: a) the measuring media control beyond the scope recognized auditing capabilities;
b) conducted a media control measure when the decision recognises the possibility of auditing has been discontinued;
c) use the certificate of measurement standard calibration has expired;
d) using standard measure when no decision on the certification of the measuring standards to measure media control of the competent authority or the decision has expired.
3. A fine of 5,000,000 VND to 10,000,000 VND for one of the following behaviors of the Organization are specified in standard measurement inspection auditing means to measure in the category measuring means to control: a standard measurement inspection) exceeds the specified range;
b) does not comply with the standard measurement inspection process;
c) conducted the audit standard of measurement when the specified decision has expired.
4. A fine of 15,000,000 VND to 25,000,000 Council for not auditing implementation behavior that granting the following certificate, for the standard means of measuring in the category measuring media auditing must: a) the standard inspection certificate;
b) audit certification; check mark; inspection stamps.
5. additional sanctions: a) deprived of the right to use the measurement accreditation card for up to 90 days for violations of the provisions of paragraph 1 of this article;
b) deprived of the right to use the decision to recognize the ability to control up to 90 days for violation of the provisions in paragraph 2 of this Article.
6. remedial measures: forcing the auditing implementation, certification of the measuring standards prescribed for violations of the provisions of points c, d paragraph 2 of this Article.
Article 10. Violations of the regulations on measurement for pre-packaged goods in production, imported in packaged goods categories to manage state on the measurement 1. Fine of 2,000,000 to 4,000,000 copper copper from for acts not quantified on the label of the goods in accordance or not correct unit of measurement according to regulation.
2. A fine from 5,000,000 to 7,000,000 Council Council for packaging behavior not quantitative enough, do not meet the requirements of the prescribed measurement.
3. the remedial measures: a quantitative records) forced, unit of measurement prescribed up tangle for violations of the provisions of paragraph 1 of this article.
b quantitative) forced back the goods according to the regulation before putting the circulation for violations of the provisions in paragraph 2 of this Article.
Article 11. Violations of the regulations on measurement for pre-packaged goods of traders in the commodities category pre-packaged to manage state on the measure.
1. A fine of from 500,000 to 1,000,000 VND VND trade acts for pre-packaged goods in packaged goods categories to manage state on the measure without quantitatively records as specified or incorrect records unit of measurement according to regulation.
2. A fine of from 1,000,000 to 2,000,000 VND VND trade acts for pre-packaged goods in packaged goods categories to manage state on the measure without quantitatively enough or does not meet the requirements of the prescribed measurement.
3. the remedial measures: a) forced the suspension of pre-packaged goods circulation in violation of regulations on measurement for violations of the provisions of paragraph 1 of this article;
b quantitative) forced back the goods according to the regulation before putting the circulation for violations of the provisions in paragraph 2 of this Article.
Section 2. THE ADMINISTRATIVE VIOLATIONS OF THE STANDARDS AND TECHNICAL STANDARDS; The QUALITY of PRODUCTS, commodities article 12. Violations of the regulations on disclosure standards 1. A fine from 1,000,000 to 2,000,000 VND VND for acts not published standards apply as specified.
2. A fine of 5,000,000 3,000,000 Dong to Dong for one of the following behaviors: a) the production, importing products, the goods do not conform with published standards apply;
b) not published again the standard applies when there is a change in relation to the published content;
c) content of standards applied contrary to the requirements of technical standards.
3. the remedial measures: a) Forced disclosure standards apply within 30 days for violations of the provisions of paragraph 1 of this article;
b) forced the change of the purpose of use or recycling of products, goods for violations specified in point a of paragraph 2 of this Article;
c) Forced disclosure standards apply again within a period of 30 days for violations specified in point b of paragraph 2 of this Article;
d) Forced to modify the standards apply in the case of the standard applied is the base standard or standards more in line with the provisions of the relevant technical standards or change the basic characteristics of the product, of the goods in accordance with the provisions of the relevant technical standards and the implementation of the standard applies again announced within 30 days for violations specified in point c paragraph 2 of this Article.
Article 13. Violations of the provisions of the certificate of conformity 1. A fine from 10,000,000 to copper copper 7,000,000 for the behavior of production or import of products, quality goods do not match the corresponding standards used to certify conformity or use qualified certificate has expired.
2. additional sanctions: deprived of the right to use the certificate of conformity for violations of the provisions of paragraph 1 of this article.
3. the remedial measures: Forcing recovery products, merchandise not fit are circulating on the market; forced change of the purpose of use; recycled or re export products, goods infringing the provisions in clause 1 of this article;
Article 14. Violations of the regulations on disclosure standards 1. A fine from 5,000,000 to copper copper 3,000,000 for one of the following behaviors when the production, importing products, commodity: a) not to register a publication standards in the competent body where the organisation, that individual business registration;
b) Not kept records announced the conformance rules.
c) did not make the announcement when there are any changes in terms of content a qualified registered publication.
2. A fine of 5,000,000 to 8,000,000 copper copper from for the behavior of production, imports, merchandise products have the quality does not match the content of the published standards.
3. the remedial measures: a) Forced registration of a published standard in case competent authorities; forced retention of records published conformance rules; enforce disclosure when there are any changes in terms of content a qualified registered publication within 10 days for violation of the provisions in paragraph 1 of this article;
b) Forced recovery products, merchandise not fit are circulating on the market, forcing recycling or change the purpose of use or re-export the product, goods infringing the provisions in paragraph 2 of this Article.
Article 15. Violations of rules of certification of conformity 1. A fine from 10,000,000 to 15,000,000 Board Council for not implementing behavior conformity certificates when the production, importing products, goods subject to certification of conformity or conformity certificates used, conformity mark has expired.
2. A fine of 30,000,000 for the copper to copper 25,000,000 acts produce, imported products, goods subject to certification of conformity but the quality is not consistent with the respective technical regulation has been certified.
3. additional sanctions: deprived of the right to use the certificate of conformity, conformity marks to 90 days or indefinitely for violations of the provisions in paragraph 2 of this Article.
4. remedial measures: a) enforce conformity certification within 30 days for violations of the provisions of paragraph 1 of this article;
b) Forced recovery products, the goods do not conform with the respective technical regulation are circulating on the market; forced change of the purpose of use, recycling, or destruction of products, goods or re-export goods imported for violations of the provisions in paragraph 2 of this Article.
Article 16. Violations of rules of proper disclosure rules 1. A fine from 10,000,000 to 15,000,000 VND VND for one of the following behaviors in the case of products, the goods are subject to appropriate disclosure rules prescribed by the respective technical regulation: a) does not make proper disclosure rules when manufactured, imported products, goods;
b) does not register a conformity announced at the competent body where the organisation, that individual business registration;
c) doesn't add the prescribed conformity mark when products, goods to market;
d) Not kept records announced the conformity provisions.

2. A fine of 30,000,000 for the copper to copper 25,000,000 acts produce, imported products, quality goods do not conform with the respective technical regulation.
3. the remedial measures: a) Forced disclosure conformity, registered a combined publication rules at the Agency have jurisdiction over violations of the provisions of point a, point b of paragraph 1 of this article;
b) Forced conformity mark affixed as prescribed before bringing the product to market goods, for violations specified in point c paragraph 1 of this article;
c) Forced recovery products, merchandise not fit are circulating on the market; forced change of the purpose of use, recycling, or destruction of products, goods or the re-export of products, goods imported for violations of the provisions in paragraph 2 of this Article.
Article 17. Violations of the regulations on the quality of products, commodities circulation on the market 1. A fine from 200,000 to 500,000 Dong Dong for acts selling products, goods but no published standards of the Organization, the individual production, imports under the rules.
2. product sales behavior, expired goods used to be applied the provisions of the Government on sanctioning administrative violations in trade operations to sanction.
3. A fine from one to two times the total value of products, commodities detected violations at the time of violation with regard to acts of sale of products, goods are not consistent with the quality standards has announced that apply.
4. A fine of twice to three times the total value of products, goods infringing at time of offense for one of the following behaviors: a) the sale of products, goods, quality is inconsistent with the corresponding standard is certified or corresponding standard was published;
b) replaced the switch, add, subtract, components or additives, mixed impurities reduce the quality of products, commodities compared to the standards applied.
5. A fine from three times to five times the total value of products, goods infringing at time of offense for one of the following behaviors: a) the sale of products, goods, quality is inconsistent with the corresponding technical regulation has been published or has been certified;
b) replaced the switch, add, subtract, components or additives, mixed impurities reduce the quality of products, goods in comparison with the respective technical regulation.
6. remedial measures: a) forced the temporary suspension of offending goods circulation and require manufacturers, importers announced standards that apply within the time limit of 30 days for violations of the provisions of paragraph 1 of this article;
b) Forcing switch applied purposes or recycling for violation of the provisions of paragraph 3, paragraph 4, paragraph 5 of this Article;
c) forced the re-export or forced the destruction of products, goods imported for violations of the provisions of paragraph 4, paragraph 5 of this Article in case of failure to perform the recycling or transformation using purpose or harm the health, safety, environment.
Article 18. Violations of the provisions of the certified organization 1. A fine from 10,000,000 to copper copper 7,000,000 for one of the following behaviors: a) non-registered activities certification standards, conformity in the competent bodies;
b) make qualified certificate or certificate of conformity also registered domains or permit;
c) perform reviews of the suitability to serve state management but not designated by regulation;
d) Not sure maintaining organization and competencies have been recognised or accepted the match requirements of the respective standards;
DD) does not maintain a management system consistent with the requirements of the respective standards;
e) Not done or made incomplete sequence, procedure of assessment, certification and still qualified certificates, certificate of conformity;
g) provide conformity assessment results wrong;
h) perform consulting activities for the Organization, the individual proposed certification.
2. additional sanctions: deprived of the right to use the certificate of eligible activities for violations specified in point b, c, d, e, and g of paragraph 1 of this article.
3. the remedial measures: a) forced the withdrawal of the certificate was issued for violations specified in point b, c, d, e and e account point 1 of this article;
b) enforce the conformity assessment for violations specified in point g of paragraph 1 of this.
Article 19. Violations of the regulations on the operation of the laboratories are recognized; accredited calibration room; recognized authorities 1. A fine from 5,000,000 to 7,000,000 copper contract for one of the following behaviors: a) conducting testing, calibration, inspection under the name recognized when not yet accredited organization reviews and recognized the competence of laboratories, calibration, inspection organization consistent with national standards or international standards;
b) is not made or does not complete the order and procedure for testing, calibration, inspection;
c) does not guarantee the Organization and recognized capacity consistent with the requirements of the respective standards;
d) does not maintain a management system consistent with the requirements of the respective standards;
DD) conducted the audit activity when not yet competent agency specified or does not comply with the audit process compared to the requirements specified in the respective technical regulation;
e) provide false results.
2. additional sanctions: deprived of the right to use the paper to recognize full capacity operation for violations specified in points c, d paragraph 1 of this article.
3. the remedial measures: a) Forced to revoke the certificates were issued for violations of the provisions of paragraph 1 of this article;
b) Forcibly taken back testing, calibration, inspection and bear all the costs of testing, calibration, inspection back for violations specified in point e clause 1 of this article.
Article 20. Violations of the regulations on the activities of the organization recognized 1. A fine fellow to fellow 20,000,000 15,000,000 words for one of the following behaviors: a) unlisted procedure, process reviews, accreditation and other requirements related to the activity;
b) conduct reviews, accreditation process, the procedure has announced, not according to the standard, the corresponding standards used to evaluate, recognize or inadequate implementation of processes, procedures, standards, the aforesaid Regulation;
c) do not use the standard, the standard rules have been added, modified, replace to reviews, accreditation;
d) recognized certification exceeds authority or does not perform periodic monitoring for a recognized organization;
DD) Not reported results of operations or produce records recognised competent bodies when required.
2. remedial measures: a) Forced disclosure of process and procedure reviews, and other related requirements to recognize activities with regard to violations of the provisions of art. 1 of this article;
b) revoking the certificate of recognition issued for violations specified in point b, c, d paragraph 1 of this article.
Article 21. Fake behavior related to standards, technical standards and product quality, goods 1. A fine from 10,000,000 to copper copper 7,000,000 for acts provided false information, the lack of honesty about the quality of products, commodities according to standards, technical standards.
2. A fine of up to 20,000,000 15,000,000 VND VND for one of the following behaviors: a fake approved seal), conformity marks, certification standards, certification of conformity to burn up the products, goods or of the documents attached;
b) fake the results: testing, testing, inspection, quality control.
3. additional sanctions: a) confiscated the sign standards, conformity marks, certificates of conformity, certificate of conformity for violations specified in point a of paragraph 2 of this;
b) confiscating the votes the test results, the certificate of inspection, inspection, quality control for violations specified in point b of paragraph 2 of this Article;
4. remedial measures: Forced removal of offending elements had written to the product, the goods or the documents attached. The case does not remove offending elements are then forced the destruction of products, goods infringing the provisions of art. 2 of this Thing.
Article 22. Violations of the regulations checking product quality, goods of specified organisations to check the quality of products, goods 1. A fine from 500,000 to 1,500,000 Dong Dong for one of the following behaviors of the organization specified product quality inspection, commodity: a) to inspect the quality of products, commodities When not yet competent State agencies or have no control;
b) is not made or does not complete the process of product quality inspection, commodity as specified.
2. A fine of 2,000,000 to 5,000,000 đồng VND from for the behavior of product quality inspection, goods not inspected was the competent authority specifies.
3. the remedial measures: Forcing withdrawal of the inspection results of product quality, the goods were issued for violations of the provisions of paragraph 1, paragraph 2 of this Article.
Category 3. VIOLATIONS of the ADMINISTRATION of the GOODS and LABEL BARCODE Article 23. Violations of the regulations on the label of the goods in the production, import, wholesale products, goods 1. Warn or fine the fine from 1,000,000 to 2,000,000 VND VND for one of the following behaviors: a) sell goods have labels torn off, faint can't read content on the labels of the goods or the goods labels were corrected, erased;
b) sell goods have hidden labels can't read or not read most of the content on the label of the goods;
c) sale of goods according to the regulation are labeled goods without the label.
2. A fine of 2,000,000 VND to 4,000,000 VND for one of the following behaviors: a) manufactured, imported goods have labels torn off, faint not reading the content recorded on the label of the goods;
b) produced, imported goods have hidden labels can't read or not read most of the content on the label of the goods;
c) produced, imported goods have labels, including the original label or extra label of being erased, corrected falsified information about the cargo.
3. the remedial measures:

Forced recovery products, commodities labeled breaks, forcing record labels of the goods in accordance with prescribed for violations of the provisions of paragraph 1, paragraph 2 of this Article.
Article 24. Violations of the regulations on the font size, the language used, the unit of measurement, advertising on labels of goods 1. Caution or a fine of from 500,000 to 1,000,000 VND VND for one of the following behaviors: a) the sale of goods produced in the country is not labeled by Vietnamese or foreign word size record labels larger than Vietnamese words;
b) sell goods on the label have the information with photos, drawings, written words are not true.
2. A fine of 2,000,000 VND to 4,000,000 VND for one of the following behaviors: a) the manufacture of products, goods for consumption in Vietnam (including overseas cargo processing) but not labeled by Vietnamese or foreign word size record labels larger than Vietnamese words;
b) produces, imports of goods are not properly record label regulations on official unit of measurement;
c) manufacture, import, export of goods but on the label information with photos, drawings, the written word is not correct, the truth of the nature of the goods.
3. A fine from 5,000,000 to 7,000,000 copper copper for the behavior of trade goods imported original labeled in foreign languages but no extra label by Vietnamese as a rule.
4. A fine from 10,000,000 to copper copper 7,000,000 for one of the following behaviors: a) the production, processing, Assembly, packaging, goods in Vietnam but are not labeled as prescribed;
b) imported goods, products to put into circulation has original label in a foreign language but don't have the extra label by Vietnamese as a rule.
5. remedial measures: a) forced the temporary suspension of cargo traffic violation; forced to remedy the violation of trademark as prescribed for violations of the provisions of paragraph 1, paragraph 2, point a of paragraph 4 of this Article;
b) forced the temporary suspension of the circulation of goods to supplement extra label by Vietnamese as stipulated for violations of the provisions of paragraph 3, point b paragraph 4 of this Article;
Article 25. Violations of the provisions of the content required to be shown on the label of the goods and the content required to be shown on the label according to the nature of the goods.
1. A fine of 5,000,000 3,000,000 Dong to Dong for sale of goods acts not write one of the contents required on the label of the goods or the content required to be shown on the label according to the nature of the goods in accordance with the law on tangle.
2. A fine from 10,000,000 to copper copper 7,000,000 for one of the following behaviors: a) produce goods in Vietnam but not to burn one of the contents required on the label of the goods or the content required to be shown on the label according to the nature of the goods according to the provisions of the law on the label of the goods;
b) imports of goods but on the label do not write one of the required content or the content required to be shown on the label according to the nature of the goods in accordance with the law on tangle.
3. Fine fellow to 20,000,000 12,000,000 contract for violation of the provisions in paragraph 2 of this Article that the goods belong to one of the following cases: a) the commodity is food, food, smoking prevention and cure for humans, veterinary drugs, animal feed, medicines and plant protection, plant breeding animal breeds;
b) goods have limited use records but not be limited to use or erased, corrected term used for goods specified in point a of paragraph 3 of this article;
c) goods labeled fake goods.
4. remedial measures: a) forced the temporary suspension of the circulation of goods; forced to remedy the violation of trademark as prescribed for violations of the provisions of paragraph 1, paragraph 2 of this Article;
b) forced the destruction of infringing goods label; forced destruction of products, quality of goods is not guaranteed safe for people, pets, plants, the environment for violations of the provisions of paragraph 3 of this article.
Article 26. Violations of the terms of use barcode 1. A fine of 300,000 to 500,000 Dong Dong from for one of the following behaviors: a) Not notified in writing to the competent authorities when there is a change of name, address or certificate transactions use the barcode is lost or damaged;
b) does not send commercial code directory global (GTIN) and global location number (GLN) was used for State administration on the barcode.
c) Not notified in writing, with the documentation are using foreign code with competent authorities when using foreign code for products, goods produced in Vietnam.
2. A fine of 3,000,000 Dong to 6,000,000 đồng for one of the following behaviors: a) use the bar code has the beginning of Vietnam National Code (893) that the competent authority has not yet been granted a certificate of the right to use the barcode;
b) unauthorized use of barcode code other business authority certification authority the right to use the barcode;
c) use the marks confusion with code, bar code.
3. A fine from 10,000,000 to copper copper 7,000,000 for the behavior using foreign Code to print up the product, goods produced in Vietnam aim only to exports that are not yet competent foreign bodies or are not foreign organizations is the owner for permission.
4. remedial measures: a) enforce rules about barcode for violations of the provisions of paragraph 1 of this article;
b) Forced to discontinue using the barcode and recovered goods attached barcode code violation for violations of the provisions in paragraph 2, paragraph 3 of this article.
Article 27. Violations of the regulations on the use of certificates, certificate of barcode 1. A fine from 5,000,000 to 7,000,000 copper contract for one of the following behaviors: a) falsified certificate of the right to use the barcode;
b) certificate of the right to use the barcode does not properly authorized.
2. additional sanctions: confiscate the certificates the right to use the barcode for the violations stipulated in art. 1 of this article.
3. the remedial measures: Forced to revoke a certificate of the right to use the barcode for violations specified in point b of paragraph 1 of this article.
Item 4. ACTS IMPEDES OPERATIONS INSPECTOR, CHECKING the Article 28. Acts impedes operations inspector, tested in the field of standardization, metrology and quality products, goods 1. A fine from 1,000,000 to 2,000,000 VND VND for one of the following behaviors: a) to refuse to provide information and documents; provide information, false documents or provide information, incomplete documents to the inspection, testing, or authority of the State Agency on standardization, metrology and quality products, goods;
b) obstruct, cause difficulties or evade the inspectors, of inspection authority;
c) intentionally delay, evade, not enforcement of administrative decisions of the competent person, not made the request, conclusion, the decision of the Inspector, crew check on standards, measurement and quality of products, commodities.
2. A fine of 20,000,000 30,000,000 VND to Board for one of the following behaviors: a) arbitrarily dismantle sealed goods, exhibits the violation are being sealed inspection agency or custody;
b) Pipe, destruction of goods, exhibits the violation are being examined or custody.
3. the remedial measures: Forcing recovery of exhibits, the media have riveted pipe for violations specified in point b of paragraph 2 of this Article.
Chapter III the JURISDICTION and SANCTION PROCEDURES Article 29. The authority sanction of inspection science and technology 1. Inspectors specializing in science and technology are on duty have the right: a) caution;
b) a fine of up to 500,000;
c) confiscated exhibits, the means used to administrative violations worth up to 2,000,000;
d) apply remedial measures specified in paragraph 3 of article 3 of this Decree, except point b and d. 2. Chief Inspector of Department of science and technology has the right to: a) caution;
b) a fine of up to 30,000,000 VND;
c) Deprived the right to use have limited time or no time limit decision, permit, certificate of practice by the Agency, the competent organizations in the fields of standardization, metrology and quality products, goods;
d) confiscated exhibits, the means used to administrative violations;
DD) apply remedial measures as defined in paragraph 3 of article 3 of this Decree, with the exception of the measures forced back.
3. The Chief Inspector of the Ministry of science and technology has the right: a) caution;
b) impose a fine to a maximum prescribed in this Decree;
c) Deprived the right to use have limited time or no time limit decision, permit, certificate of practice by the Agency, the competent organizations in the fields of standardization, metrology and quality products, goods;
d) confiscated exhibits, the means used to administrative violations;
DD) apply remedial measures specified in paragraph 3 of article 3 of this Decree, with the exception of the measures forced back.
Article 30. Competent handling of administrative violations of the people's Committee Chairman.
1. the people's Committee Chairman granted the commune has the right to sanction administrative violations in the field of standardization, metrology and quality products, goods for the acts specified in article 6, paragraph 1 article 7, paragraph 1 article 8 of this Decree and to apply remedial measures specified in point a c, e, and g, paragraph 3 of article 3 of this Decree.
2. President of the district-level people's committees have the right to: a) caution;
b) a fine of up to 30,000,000 VND;
c) confiscated exhibits, the means used to administrative violations;
d) apply remedial measures specified in paragraph 3 of article 3 of this Decree, with the exception of measures forcing appeared.
3. The Chairman of the provincial people's Committee has the right to: a) caution;
b) impose a fine to a maximum prescribed in this Decree;
c) confiscated exhibits, the means used to administrative violations;
d) apply remedial measures specified in paragraph 3 of article 3 of this Decree.
Article 31. The authority sanction of other agencies

The organs of public security, customs, market management, specialized inspectors and other authorities within the scope of the functions, duties, and powers was given if the detection of administrative violations in the field of standards, metrology and product quality, the goods shall be the authority sanctioning administrative violations in accordance with the Ordinance on handling administrative violations and regulations in this Decree.
Chapter IV Article 32 ENFORCEMENT TERMS. Effective enforcement of this Decree has effect from 31 July 2009. This Decree replaces Decree No. 126/2005/ND-CP dated 10 October 2005 of the Government regulation on sanctioning administrative violations in the field of measurement and the quality of products, commodities and Decree No. 95/2007/ND-CP dated 4 June 2007 of the Government revising, supplementing a number of articles of Decree No. 126/2005/ND-CP dated 10 October 2005. All previous provisions contrary to this Decree are repealed.
Article 33. Guiding the implementation the Minister of science and technology have the responsibility to guide the implementation of this Decree.
Article 34. Responsibility of Ministers, heads of ministerial agencies, heads of government agencies, the Chairman of people's Committee of the central cities, is responsible for the implementation of this Decree.