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Decree 06/2009/nd-Cp: Sanctioning Administrative Violations In The Field Of Production, Trading Alcohol And Tobacco

Original Language Title: Nghị định 06/2009/NĐ-CP: Xử phạt vi phạm hành chính trong lĩnh vực sản xuất, kinh doanh rượu và thuốc lá

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The DECREE sanctioning administrative violations in the field of production, trading alcohol and cigarettes _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ the GOVERNMENT pursuant to the law on organization of the Government of 25 December 2001;
Basing the Ordinance on administrative violations processing 2 July 2002; Ordinance amending some articles of the Ordinance on handling administrative violations on 8 March 2007 and Ordinance amending and supplementing some articles of the Ordinance on handling administrative violations on 02 Apr 2008;
Considering the recommendation of the Minister of industry and trade, the DECREE: chapter I GENERAL PROVISIONS article 1. Scope 1. This Decree regulates the administrative violations, fines, penalties, remedial measures, jurisdiction, procedures for sanctioning of administrative violations in the field of production, trading alcohol and cigarettes.
2. administrative violations in the field of production, trading alcohol and smoking behavior is intentionally or unintentionally violating the provisions of the law on State management in the field of production of alcohol and tobacco business, which is not a crime and under the provisions of the law are sanctioned administrative offense.
3. The administrative violations in the field of production of alcohol and tobacco business, the provisions of this Decree include: breach of rules on the conditions of hygiene and food safety, production license, business conditions, business licenses, import and export, product quality standards brand, product, stamping products.
Article 2. Application object 1. Personally, the Organization has administrative violations in the field of production of alcohol and tobacco business, the provisions of this Decree.
2. Individuals, foreign institutions have administrative violations in the field of production, trading alcohol and tobacco within the territory, exclusive economic zone and the continental shelf of the Republic of Vietnam Socialist, except in the case of international treaties to which the Socialist Republic of Vietnam is a member otherwise.
3. Minors have administrative violations in the field of production of alcohol and tobacco business, sanctioned under the provisions of article 7 of the Ordinance on handling administrative violations.
Article 3. Explanation of terms In this Decree, the terms below are interpreted as follows: 1. "wine products" is the alcoholic foods, hereinafter referred to collectively as the alcohol. The wine is produced from the fermentation process, whether or not distilled from grains of starch, sugar and fruit trees.
2. "the production of handcrafted wine" is wine production activities using simple equipment, small scale and by business households, households or individuals perform.
3. "industrial wine" is wine production on the Assembly line machinery, industrial equipment.
4. "tobacco" means tobacco in the form of the leaves, the leaves have preliminary cup lemon or cigarette tobacco sheet, decorative thread, tobacco and other alternative products used to manufacture tobacco products.
5. "tobacco products" means products produced from the whole or part of the raw tobacco, the following are referred to as tobacco. Tobacco is processed in the form of smoking cigarettes, cigars, tobacco, smoking a pipe to fibers and other products used to smoke, chew, smell.
6. "the production capacity of tobacco products ' is the possibility of machines, equipment for the manufacture of cigarettes.
7. "processed tobacco" is the activity of processing is done on lines, equipment for processing, separate "tobacco or tobacco processing and cigarette fiber plates and other alternative preparations used to produce tobacco.
Article 4. Sanction guidelines 1. The principle of sanctioning administrative violations in the field of production, trading alcohol and tobacco are applied according to the provisions of article 3 of the Ordinance on handling administrative violations.
2. The sanctioning administrative violations in the field of production, trading alcohol and tobacco must be authorized by the provisions of article 24 and article 25 of this decree made.
3. The extenuating circumstances, the increase in the manufacturing sector, trading alcohol and tobacco are reviewed in accordance with article 8 and article 9 of Ordinance on handling administrative violations.
4. The handling of the breach to the competent handling of administrative violations in the field of production, trading alcohol and cigarettes are subject to the provisions of article 121 of the Ordinance on handling administrative violations.
Article 5. Time and duration of sanctions be considered not yet sanctioned 1. Time sanctioning administrative violations in the field of production, trading alcohol and tobacco is one year from the date of administrative violations in the field of production, trading alcohol and cigarettes are made, except in the case specified in clause 2 of this Thing.
2. for administrative violations in export activities, imported alcohol, tobacco products or services related to export, import of alcohol and tobacco; acts of smuggling, trafficking in or transporting smuggled goods; the behavior of production, customers then the time sanctions are two years from the date of the administrative violations are made.
3. for individuals be prosecuted, indicted or had decided to bring the case to trial under criminal proceedings but then decided to suspend the investigation or the suspension of the case of the competent authorities which have sign violations administrative violations in the field of production sales, alcohol and tobacco, the Government sanctioned; time penalty is three months from the date the competent sanctions get decided to suspend and records violations.
4. Within the time limit specified in paragraph 1 and paragraph 2 of this Article if the individual, the Organization has new administrative violations in the field of production, trading alcohol and tobacco or willfully evading, obstructing the sanctions do not apply time limits prescribed in clause 1 and clause 2 of this Thing and be counted back from the moment perform administrative violations new or termination acts impedes evading sanctions.
5. Individuals, organizations sanctioned administrative violations in the field of production, trading alcohol and tobacco, if more than a year since the executive decision or sanction is done from the date of execution of the decision to sanction that does not happen then is regarded as not yet sanctioned administrative violations in the field of production sales, alcohol and tobacco.
6. in case of exceeding the time limit specified in paragraph 1, paragraph 2 and paragraph 3 of this article, the individual, the organization violated the sanctioned administrative offense but still apply remedial measures prescribed in clause 1 article 1 Ordinance amending and supplementing some articles of the Ordinance on handling administrative violations and specified in this Decree.
Article 6. The sanctions 1. The main sanctions: for each administrative violations in the field of production, alcohol and tobacco business, personal, held in violation must bear one of the following sanctions: a) caution for those violations due to inadvertence, first, there are extenuating circumstances or for administrative violations by juveniles from 14 to 16 years of implementation.
b) fine the fine a specific administrative violations in the field of production, trading alcohol and cigarettes is the average of the frame of a fine for that behavior. If the violation has extenuating circumstances, the fines can reduce lower but not excessive reduction of minimum fine frame. If there are violations, the aggravation can rise higher than the fines but did not increase the maximum of a fine frame.
2. additional sanctions: depending on the nature and extent of the violation, individual, organization, administrative violations in the field of production, trading alcohol and tobacco can be applied one or the additional sanctions: a) deprived of the right to use the license to operate in the field of production sales, alcohol and tobacco;
b) confiscated exhibits, the means used to administrative violations in the field of production, trading alcohol and cigarettes.
3. the remedial measures: in addition to the fines and additional sanctions prescribed in clause 1 and clause 2 of this, depending on the nature and extent of the violation, individual, organization, administrative violations in the field of production, trading alcohol and tobacco can be apply remedial measures specified in the articles of chapter II , Chapter III and chapter IV of this Decree. 
Chapter II the ADMINISTRATIVE VIOLATIONS in the FIELD of production, ALCOHOL and TOBACCO BUSINESS, the form and the LEVEL of SANCTIONS article 7. Violation of the regulations on license 1. A fine from 100,000 to 500,000 Dong Dong for one of the following behaviors: a) craft wine business purposes when no alcohol production license (applicable from 1 January 2010);
b) forgery, erasing, repairs, rent, lend, transfer, purchase and sale of handcrafted wine license aimed at business.
2. A fine of 10,000,000 VND to 30,000,000 VND for one of the following behaviors: a) wine industry or production of tobacco when production license has expired;
b) wine production industry or production of tobacco when no license;
c) tampering, erasure, repairs, rent, lend, transfer, purchase and sale of industrial alcohol production license or license the production of tobacco.
3. additional sanctions: confiscated production license for violations specified in point b of paragraph 1 and point c of paragraph 2 of this Article.
Article 8. Violation of the regulations on business license 1.  A fine from 200,000 to 1,000,000 VND VND for one of the following behaviors: a) the retail business, retail alcohol or cigarettes when the retail business license, the reseller has expired;
b) retail business, retail alcohol or cigarettes without a business license for retail, reseller;
c) tampering, erasure, repairs, rent, lend, transfer, sale and purchase business license reseller, retail alcohol or tobacco.
 2. A fine from 10,000,000 VND to 30,000,000 VND for one of the following behaviors: a) the wholesale business, wholesale dealer of tobacco or alcohol when the business license for wholesale, wholesale agents expire;

b) wholesale business, wholesale dealer of tobacco or alcohol when no business license wholesale, wholesale dealer;
c) tampering, erasure, repairs, rent, lend, transfer, sale and purchase business license wholesale, wholesale dealer of tobacco or alcohol.
3. additional sanctions: confiscate the business license for the violations specified in point c of paragraph 1 and point c of paragraph 2 of this Article.
Article 9. Violation of the regulations on business conditions 1. A fine from 200,000 to 1,000,000 VND VND for one of the following behaviors: a) retail traders, retail liquor dealer made no proper regulations on the preservation of the quality of the wine or the prevention of fire, explosion at the preservation of the wine;
b) retail traders, retail tobacco dealer made no proper regulations on location, address, business planning and business network system.
2. A fine of 5,000,000 VND to 10,000,000 VND for one of the following behaviors: a) wholesale merchants, wholesale liquor agents made no proper rules of business location, address, technical requirements, equipment, business systems planning, wholesale wine, storage reserves preserving the quality of the wine and the prevention of fires;
b) wholesale merchants, wholesale tobacco dealer made no proper regulations on location, address, business planning and business network systems, infrastructure, financial capacity.
 Article 10. Violation of the regulations on imports of 1. A fine from 10,000,000 VND to 20,000,000 Board for one of the following behaviors: a) to import alcohol or cigarettes does not guarantee the required food safety under the Department of health;
b) import alcohol or cigarettes do not ensure quality under the registered quality standards;
c) alcohol imported for the first time in Vietnam but not to make declarations, no certificate of the competent State bodies certified alcohol form satisfactory standard of quality, hygiene and food safety.
2. A fine of 20,000,000 30,000,000 VND to Board for one of the following behaviors: a paper book) imported cigarettes, tobacco without the license of the Ministry of industry and trade;
b) import quantity book paper cigarette exceed annual import targets were announced;
c) imported cigarettes for the purpose of trade is not correct with the registered trademark and protection in Vietnam.
3. A fine of 30,000,000 VND to 40,000,000 Council for one of the following behaviors: a) imported directly, delegating to import alcohol without license production of wine or liquor wholesale business license;
b) Selling imported wine juice used for blending into finished products for the wine organizations, individuals do not have a wine license.
4. A fine of 2,000,000 to 5,000,000 đồng VND from for smuggled alcohol behavior or cigarettes worth up to 5,000,000 đồng.
5. A fine from 5,000,000 VND to 10,000,000 VND for violations specified in clause 4 of this value from copper to copper 10,000,000 5.000.0000 on.
6. Fine from 10,000,000 20,000,000 to copper copper for violations specified in clause 4 of this value from 10.000.0000 to copper copper 20,000,000 on.
7. Fine fellow to 20,000,000 same 50,000,000 for violations specified in clause 4 of this value from copper to copper 50,000,000 20.000.0000 on.
8. Fine fellow to 100,000,000 đồng 50,000,000 for violations specified in clause 4 of this value from 50.000.0000 to 100,000,000 đồng VND on.
9. additional sanctions: confiscate the entire exhibits administrative violations for violations specified in clause 1 to clause 8.
10. the remedial measures: Organization, individuals are forced to destroy the exhibits, goods, bear all costs relating to the destroyed evidence in violation and remedy the consequences for violations specified in point a, b paragraph 1, items 4, 5, 6, 7 and 8 of this Article. The case cannot be applied to individual forced measures, the Organization violating destroyed the confiscated to destroyed as prescribed.
Article 11. Violation of the regulations on business of smuggled alcohol and tobacco 1. A fine from 100,000 to 500,000 Dong Dong for business behavior alcohol or smuggled cigarettes worth up to 500,000 VND.
2. A fine of from 500,000 to 2,000,000 VND VND for violations of the provisions of paragraph 1 of this article are worth from 500,000 to 2,000,000 VND VND on.
3. A fine of 2,000,000 to 5,000,000 đồng VND from for violations of the provisions of paragraph 1 of this article are worth 2,000,000 to 5,000,000 đồng from on board.
4. A fine of 5,000,000 VND to 10,000,000 VND for violations of the provisions of paragraph 1 of this article has value from the same 5,000,000 to 10,000,000.
5. A fine from 10,000,000 20,000,000 to copper copper for violations of the provisions of paragraph 1 of this article has value from copper to copper 20,000,000 10,000,000 over.
6. Fine fellow to 20,000,000 same 50,000,000 for violations of the provisions of paragraph 1 of this article has value from copper to copper 50,000,000 20,000,000 on.
7. Fine fellow to 50,000,000 100,000,000 contract for violation of the provisions in paragraph 1 of this article has value on copper 50,000,000 to 100,000,000 đồng.
8. additional sanctions: a) confiscating the entire exhibits administrative violations for violations specified in clause 1 to clause 7 this;
b) deprived of the right to use the business license 1 year for violation of the provisions in clause 1 to clause 7 of this.
9. the remedial measures: individuals, organizations are forced to destroy the exhibits as a rule, bear all costs relating to the destroyed evidence violate, overcoming the consequences for violations of the provisions of clause 1 to clause 7 of this. The case cannot be applied to individual forced measures, the Organization violating destroyed the confiscated to destroyed as prescribed.
Article 12. Violation of the regulations on the production and trading of fake alcohol and tobacco 1. A fine from 500,000 to 1,000,000 copper copper for manufacturing, business behavior alcohol or fake cigarettes worth up to 500,000 VND.
2. A fine of from 1,000,000 to 2,000,000 VND VND for violations of the provisions of paragraph 1 of this article are worth from 500,000 to 1,000,000 VND VND on.
3. A fine of 2,000,000 to 6,000,000 đồng VND for violations of the provisions of paragraph 1 of this article has value from 1,000,000 to 3,000,000 dong. Council on
4. A fine from 10,000,000 to copper copper 6,000,000 for violations of the provisions of paragraph 1 of this article has value from copper to copper 5,000,000 3,000,000 over.
5. A fine from 10,000,000 20,000,000 to copper copper for violations of the provisions of paragraph 1 of this article has value from the same 5,000,000 to 10,000,000.
6. Fine fellow to 20,000,000 40,000,000 Council for violations of the provisions of paragraph 1 of this article has value from copper to copper 20,000,000 10,000,000 over.
7. Fine fellow to 40,000,000 60,000,000 Council for violations of the provisions of paragraph 1 of this article has value on copper to 20,000,000 30,000,000 VND.
8. additional sanctions: a) confiscating the entire exhibits administrative violations for violations specified in clause 1 to clause 7 this;
b) deprived of the right to use the license, business license 1 year for violation of the provisions in clause 1 to clause 7 of this.
9. the remedial measures: individuals, organizations are forced to destroy the exhibits as a rule, bear all costs relating to the destroyed evidence violate, overcoming the consequences for violations of the provisions of clause 1 to clause 7 of this. The case cannot be applied to individual forced measures, the Organization violating destroyed the confiscated to destroyed as prescribed.
Article 13. Violation of the provisions on product labels and labelling 1. A fine from 100,000 to 500,000 Dong Dong for acts not wine label crafts business purpose or improperly labeling regulations.
2. A fine from 10,000,000 VND to 20,000,000 Board for one of the following behaviors: a) labeling the wine industry or tobacco not properly regulated;
b) imported alcohol, tobacco in Vietnam but not make labelling as specified.
3. Fine fellow to 20,000,000 50,000,000 Council for tobacco production behavior bring foreign brands to domestic consumption as the Prime Minister.
4. additional sanctions: confiscate the entire exhibits administrative violations for violations in point b of paragraph 2 and paragraph 3 of this article.
Article 14. Violation of the provisions on stamping 1. A fine from 100,000 to 500,000 Dong Dong for acts not stamping craft production of alcohol for the purposes of trading to domestic consumption value to 1,000,000.
2. A fine of from 500,000 to 2,000,000 VND VND for violations of the provisions of paragraph 1 of this article has value from 1,000,000 to 5,000,000 đồng VND on.
3. A fine of 2,000,000 to 10,000,000 Council Council for violations of the provisions of paragraph 1 of this article has value from the same 5,000,000 and above.
4. A fine from 10,000,000 20,000,000 for copper to copper acts not stamping manufacturing alcohol or cigarettes for consumption in the country worth up to 10,000,000.
5. A fine fellow to fellow 30,000,000 20,000,000 words for violations specified in clause 4 of this value from copper to 10,000,000 20,000,000 on copper.
6. A fine of 30,000,000 VND to 50,000,000 Council for violations of the provisions of paragraph 4 of this Article has value from copper to copper 50,000,000 20,000,000 on.
7. Fine fellow to 50,000,000 100,000,000 contract for violation of the provisions of paragraph 4 of this Article are worth over 50,000,000.
8. A fine from 500,000 to 2,000,000 VND VND for acts not done stamping imported for alcohol or tobacco, imported for the purpose of commercial value to 1,000,000.
9. Fine of 2,000,000 to 5,000,000 đồng VND from for violations specified in clause 8 of this value from 1,000,000 to 5,000,000 đồng VND on.

10. A fine from 5,000,000 VND to 10,000,000 VND for violations specified in clause 8 of this value from the same 5,000,000 to 10,000,000.
11. Fine fellow to 20,000,000 30,000,000 VND for violations specified in clause 8 of this value from copper to copper 20,000,000 10,000,000 over.
12. A fine of 30,000,000 50,000,000 copper to copper for violations specified in clause 8 of this value from copper to copper 50,000,000 20,000,000 on.
13. Fine fellow to 100,000,000 đồng 50,000,000 for violations specified in clause 8 of this value from the same 50,000,000.
14. additional sanctions: confiscate the entire exhibits administrative violations for violations in clause 1 to clause 13 of this.
 Chapter III of the ADMINISTRATIVE VIOLATIONS in the FIELD of production, the WINE BUSINESS, the form and the LEVEL of SANCTIONS article 15. Violation of the rules on wine production manually 1. A fine from 100,000 to 500,000 Dong Dong for alcohol production craft behavior does not guarantee the standard of quality, food safety and hygiene, protection of the environment.
2. additional sanctions: confiscate the entire exhibits administrative violations for violations in paragraph 1 of this article.
Article 16. Violation of the regulations on the provision of information about wine 1. A fine from 100,000 to 500,000 VND VND for the behavior of handcrafted wine business purposes do not provide adequate information on alcohol include the composition, concentration, quality criteria, the harmful effects of alcohol abuse according to the regulations.
2. A fine from 5,000,000 to 20,000,000 copper copper for industrial alcohol production behaviour, do not provide adequate information on alcohol include the composition, concentration, quality criteria, the harmful effects of alcohol abuse according to the regulations.
Article 17. Violation of the provisions on the obligation of business fine wine traders from 100,000 to 500,000 Dong Dong for acts not listing valid copy of business license of wine, categories, reviews the types of wine are sold in the merchant's business location.
 Chapter IV of the ADMINISTRATIVE VIOLATIONS in the FIELD of production, the TOBACCO BUSINESS, the form and the LEVEL of SANCTIONS Article 18. Violation of the rules on prevention of the harmful effects of tobacco 1. A fine from 10,000,000 VND to 20,000,000 Board for one of the following behaviors: a) Recorded warning of tobacco's harmful effects on the tobacco cases incomplete or incorrect content regulation;
b) not warning the harmful effects of tobacco.
2. A fine of 20,000,000 30,000,000 VND to Council for tobacco production behaviour to domestic consumption of Nicotine, Tar substances exceeded regulations.
3. additional sanctions: confiscate the entire exhibits administrative violations for violations of the provisions of paragraph 1 and paragraph 2 of this Article.
4. remedial measures: Organization, individuals are forced to destroy the exhibits, goods, bear all costs relating to the destroyed evidence in violation and remedy the consequences for violations of the provisions of paragraph 1 and paragraph 2 of this Article. The case cannot be applied to individual forced measures, the Organization violating destroyed the confiscated to destroyed as prescribed.
Article 19. Violation of the regulations on business, growing tobacco 1. A fine of 1,000,000 to 3,000,000 đồng VND for one of the following behaviors: a) use tobacco plants do not comply with the provisions of the law on the management of the same;
b) investment Development Department of planting tobacco does not conform with the planning.
2. A fine from 10,000,000 VND to 20,000,000 Board for one of the following behaviors: a) tobacco business when the certificate of eligible tobacco business has been discontinued;
b) tobacco business without the certificate of eligible business tobacco;
c) tampering, erasure, repairs, rent, lend, transfer, purchase certificate eligible tobacco business.
3. additional sanctions: confiscated certificate eligible tobacco business for these violations point c paragraph 2 of this Article.
Article 20. Violation of the rules for processing tobacco 1. A fine from 10,000,000 VND to 20,000,000 Board for one of the following behaviors: a tobacco processing) when the certificate of eligibility and processing of raw tobacco has been discontinued;
b) tobacco processing when no certificate of eligibility processed tobacco;
c) tampering, erasure, repairs, rent, lend, transfer, purchase and sale of the certificate of eligibility and processing of tobacco.
2. additional sanctions: confiscate the certificates of eligibility processed tobacco for the violation point c paragraph 1 of this article.
Article 21. Violation of the rules of production and output capacity of tobacco 1. A fine from 10,000,000 to copper copper 40,000,000 for productive behavior of tobacco production under 10% beyond the annual production capacity is allowed.
2. A fine of from copper to copper 70,000,000 40,000,000 for productive behavior tobacco output exceed 10% of the annual production capacity is allowed.
3. additional sanctions: confiscate the entire exhibits administrative violations for violations of the provisions of paragraph 1 and paragraph 2 of this Article.
Article 22. Violation of the regulations on the use of stamps, paper book, cigarettes, cigarette minimum price 1. A fine from 10,000,000 to 40,000,000 copper copper for sale, transfer behavior of tobacco stamps.
2. A fine from 10,000,000 20,000,000 to copper copper for sale purchase behavior, unauthorized transfer of paper book cigarettes worth up to 10,000,000.
3. A fine fellow to fellow 30,000,000 20,000,000 words for violations specified in clause 2 of this Thing of value from copper to 10,000,000 50,000,000 on copper.
4. A fine of 30,000,000 VND to 50,000,000 Council for violations of the provisions in paragraph 2 of this Article has value from the same 50,000,000.
5. Fine fellow to 20,000,000 50,000,000 Council for tobacco producers have lower cigarette sales behavior the minimum price prescribed by the Ministry of finance.
6. additional sanctions: a) confiscating the entire exhibits administrative violations for violations of the provisions of paragraph 1, item 2, paragraph 3 and paragraph 4 of this Article;
b) Stripping tobacco production license in 6 months for those violations in item 1, item 2, paragraph 3 and paragraph 4 of this Article.
Article 23. Violation of these rules of use, liquidation, import, export, re-export, sale concessions, specialized equipment machinery tobacco 1. A fine from 10,000,000 20,000,000 for copper to copper-individuals, organizations have one of the following behaviors: a) liquidation, destroyed the specialized machinery tobacco not properly regulated;
b) Not re-export machineries, specialized equipment, tobacco when the time allowed was temporarily imported.
2. A fine of up to 50,000,000 copper copper 20,000,000 for individuals, organizations have one of the following behaviors: a) ceded the selling machinery, specialized equipment not properly regulated;
b) imported machinery, specialized equipment not properly regulated.
3. additional sanctions: confiscate the entire exhibits administrative violations for violations of the provisions of paragraph 1, paragraph 2 of this Article.
 Chapter V the JURISDICTION and PROCEDURES of SANCTIONING ADMINISTRATIVE VIOLATIONS in the FIELD of PRODUCTION of ALCOHOL and TOBACCO BUSINESS, article 24. The authority sanctioning administrative violations of the people's Committee Chairman granted 1. The people's Committee Chairman and township level equivalent competent sanction prescribed in clause 4 Article 1 Ordinance amending and supplementing some articles of the Ordinance on handling administrative violations with regard to the administrative offences specified in this Decree in local management.
2. President of the district-level people's committees have jurisdiction to sanction prescribed in clause 5 1 Ordinance amending and supplementing some articles of the Ordinance on handling administrative violations with regard to the administrative offences specified in this Decree in local management.
3. The Chairman of the provincial people's Committee has the authority to sanction according to the provisions of article 30 of the Ordinance on handling administrative violations with regard to the administrative offences specified in this Decree in local management.
Article 25. The authority sanctioning administrative violations by the police, border guard, Coast Guard, customs, market management, the specialized State inspectors, State administration specialization 1. The people's public security authorities have the jurisdiction to sanction for administrative violations in the production of alcohol and tobacco business, the provisions of this Decree and in the field of management of the industry according to the jurisdiction rules in paragraph 6 article 1 Ordinance amending and supplementing some articles of the Ordinance on handling administrative violations.
2. Who has the authority to sanction administrative violations of the border guard Agency, Coast Guard, customs and market management has the right to sanction for the violation in the production of alcohol and tobacco business, the provisions of this Decree in its management and jurisdiction specified in clause 7 clause 8 and clause 9, article 1 Ordinance amending and supplementing some articles of the Ordinance on handling administrative violations and article 37 of the Ordinance on handling administrative violations.
3. Who has the authority to sanction administrative violations of the State inspection agency specialized in has the right to sanction for administrative violations in the production of alcohol and tobacco business, the provisions of this Decree in its management and jurisdiction rules in paragraph 12 article 1 amending Ordinance , the addition of some articles of the Ordinance on handling administrative violations.
4. Authority sanctioning administrative violations of State administration specialization has the right to sanction for administrative violations in the production of alcohol and tobacco business, the provisions of this Decree, under the authority and functions, tasks.

Article 26. Authority and principles delineate the authority sanctioning administrative violations in the field of production, trading alcohol and tobacco 1. Authorised sanctioning administrative violations in the field of production, trading alcohol and tobacco are applied according to the provisions of paragraph 16 of article 1 amending Ordinance, supplementing some articles of the Ordinance on handling administrative violations.
2. Principles for determining the jurisdiction of sanctioning administrative violations in the field of production, trading alcohol and tobacco are applied according to the provisions in clause 17 article 1 Ordinance amending and supplementing some articles of the Ordinance on handling administrative violations.
Article 27. Procedure for sanctioning of administrative violations in the field of production, trading alcohol and tobacco 1. Procedure, the order sanctioning administrative violations in the field of production, alcohol and tobacco sales made under the provisions of the Ordinance on handling administrative violations and Ordinance amending and supplementing some articles of the Ordinance on handling administrative violations.
2. The documents concerning the sanctioning administrative violations must be kept full at the Agency sanction. The minutes of the administrative offense was created in full as defined in Article 22 paragraph 1 Amendment Ordinance, supplementing some articles of the Ordinance on handling administrative violations.
3. Individuals, the Organization fined must pay fines on time and at the place stated in the decision to sanction unless filed spot fines under the provisions of Article 21, paragraph 1 directive amending, supplementing a number of Articles Ordinance on handling administrative violations and article 58 of the Ordinance on handling administrative violations.
4. In case of application form of confiscated exhibits, means of infringement, who has the authority to sanction the correct implementation of the provisions of Article 25 paragraph 1 Amendment Ordinance, supplementing some articles of the Ordinance on handling administrative violations.
Article 28. Accept the decision and sanction coercive enforcement of the decision sanctioning administrative violations in the field of production, trading alcohol and tobacco 1. Personally, the organization sanctioned administrative offense under this decree must strictly obey decided to sanction within 10 days from the date of delivery of the decision to sanction, unless the law otherwise. If the individual, the organization sanctioned the Executive decided voluntarily not to sanction coercive enforcement of the sanction decision as specified in clause Article 66 of the Ordinance on handling administrative violations and paragraph 22 article 1 Ordinance amending and supplementing some articles of the Ordinance on handling administrative violations and the coercive enforcement of rules on sanctions decision vi violations of administrative law.
2. In case of application of the coercive measures to enforce the decision sanctioning administrative violations in the field of production, trading alcohol and tobacco, the Agency and the competent person must comply with the order, coercive procedures as specified in article 66 and article 67 of the Ordinance on handling administrative violations Article 28, paragraph 1 the Ordinance amending and supplementing some articles of the Ordinance on handling administrative violations and the coercive regulations enforce the decision sanctioning administrative violations of the law.
Article 29. Rules applicable remedial measures 1. Who has the authority to sanction stipulated in article 24, article 25 and 26 of this Decree when it decided to apply remedial measures must be based on the rule of law, the level of actual damage due to administrative violations cause and be responsible before the law about his decision.
2. Individuals, being held to apply remedial measures are done remedial measures within 10 days from the date of delivery of the decision to sanction.
3. In the case of exhibits, means of administrative violations in the field of production, trading alcohol and tobacco are confiscated or destroyed shall comply with the provisions of Article 25, paragraph 1 Ordinance amending and supplementing some articles of the Ordinance on handling administrative violations.
Chapter VI COMPLAINTS, accusations and HANDLE breach of article 30. The complaint, report 1. Personally, the organization sanctioned administrative violations in the field of production of alcohol and tobacco business, or their legal representatives have the right to appeal the decision sanctioning administrative violations as stipulated by law complaints, accusations.
2. Citizens have the right to report to the competent State authorities about the violations of the Organization's administrative, individual provisions of this decree or to report violations of the law of the authority sanctioning administrative violations in the field of production, alcohol and tobacco business under the provisions of the law.
3. In time to resolve complaints, accusations of competent bodies and individuals, the organization sanctioned to enforce sanction decision.
4. The order procedure, the time limit, the authority of complaints, accusations and the resolution of complaints, accusations about sanctioning administrative violations in the field of production, alcohol and tobacco sales made under the provisions of the law on complaints and denunciation.
Article 31. Handle violation 1. Authority sanctioning administrative violations in the field of production, trading alcohol and tobacco have the behavior: harassment, tolerate, cover, does not sanction or sanctions is not timely, not proper punishments beyond the jurisdiction rules depending on the nature and extent of the violation will be disciplined or prejudice criminal liability If the damage is compensated according to the provisions of the law.
2. Individuals, organizations sanctioned administrative violations in the field of production of alcohol and tobacco business, if not voluntarily obey the sanction decision comply; the case made the administrative violations that have prevented, acts against the person on duty or using deceptive tricks, bribes or other tricks to delay, evade the sanction decision of executive authority, then, depending on the nature and extent of the violation will be dealt administrative infringement or prejudice criminal liability; If the damage is compensated according to the provisions of the law.
 Chapter VII ENFORCEMENT PROVISIONS Article 32. Effective enforcement of this Decree shall be enforceable after 45 days from the date of signing. The provisions sanctioning administrative violations in the field of production, trading alcohol and tobacco before left with this Decree are repealed.
Article 33. The Organization made the Ministers, heads of ministerial agencies, heads of government agencies, the Chairman of the provincial people's Committee, central cities are responsible for the implementation of this Decree.