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The Decree 107/2008/nd-Cp On Administrative Sanction Regulations: The Act Of Speculation, Plunged The Excessive Price Increases, Cargo, Courier Lost The Total Loss, Smuggling And Trade Fraud

Original Language Title: Nghị định 107/2008/NĐ-CP: Quy định xử phạt hành chính các hành vi đầu cơ, găm hàng, tăng giá quá mức, đưa tin thất thiệt, buôn lậu và gian lận thương mại

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The DECREE stipulates the administrative sanction acts of speculation, plunged the excessive price increases, cargo, courier lost the total loss, smuggling and trade fraud _ _ _ _ _ _ _ _ _ _ _ _ _ _ the GOVERNMENT pursuant to the law on organization of the Government of 25 December 2001;
Commercial Law base on June 14, 2005;
The base price of the Ordinance on 26 April 2002;
Basing the Ordinance handling administrative violations on 02 July 2002 and Ordinance amendments and supplements to 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 sanction for: a) the commodity speculation behavior; a stalker; excessive price increases; reporting loss of furniture market, the prices of goods and services;
b) infringements on Declaration, registration price reviews, prices of goods and services;
c) behavior of pirated or unauthorized transportation exports paddy, rice, oil, gas, forestry products, minerals across the border;
d) fraudulent about measurements, packaging and quality of goods and services.
2. The administrative sanctions for violations of the provisions of article 4, article 5, article 6 and article 7 of this decree only applied: a) for goods and services in the catalog price stabilization as defined by the Government, the Prime Minister's decision was announced that apply within the country and the goods other services, according to the decision of the Chairman of the provincial people's Committee of the published application in the local scope;
b) in the case of market volatility on supply and demand, prices of goods and services provided by natural disasters, fire, epidemics, wars or other unusual happenings when the Prime Minister or the Minister of Finance announced the decision to apply measures to stabilize prices in the nationwide , each area or people's Committee Chairman granted the decision announced to apply measures to stabilize prices in the local scope.
3. Violations of the commodity speculation, contraband or illegal transportation of gasoline, oil, grain, forest products, mining cross-border provisions in article 4, article 10 and article 11 of this decree if the offending goods valued at 100,000,000 VND over signs of crime must then transfer the records to the competent criminal proceedings so liable the. Cases of criminal authorities have decided not to prejudice the criminal liability of administrative sanctions is made according to the provisions of article 4, article 10 and article 11 of this Decree.
Article 2. Application object 1. Individuals, Vietnam had organized administrative violations specified in this Decree.
2. Individuals, organizations have the administrative violation prescribed in this Decree on the territory of Vietnam, except in the case of international treaties to which Vietnam is a member otherwise.
3. Minors have the administrative violation prescribed in this Decree shall sanction according to the provisions of art. 1 article 6 and article 7 paragraph 1 Ordinance handling administrative violations in 2002.
Article 3. Apply the sanction provisions violate the principle of administrative sanctions; the extenuating or aggravating circumstances; time and duration of sanctions; the time limit is considered to be not yet sanctioned; calculation of time limits, time limits; apply the sanctions administrative violations and remedial measures; the responsibility of the competent person in the sanctioning of administrative violations are made according to the provisions of the Ordinance on handling administrative violations in 2002 and Ordinance amending and supplementing some articles of the Ordinance on handling administrative violations in 2008.
Chapter II the ADMINISTRATIVE VIOLATIONS, the form and the LEVEL of SANCTIONS article 4. Sanctions against goods speculation behavior 1. For the behavior using the commodity scarcity situation or create scarcity of goods on the market to buy suits, buy gom goods list price stabilization under the provisions of the law in addition to the goods specified in paragraph 2 of this Article in order to sell illegal profits sanctioned as follows : a) a fine of 5,000,000 3,000,000 Dong to Dong if the goods purchased suits, buy gom has a value of 20,000,000;
b) fine from 5,000,000 VND to 10,000,000 contract if the goods purchased suits, buy gom valued on the same 50,000,000 to 20,000,000;
c) fine from 10,000,000 20,000,000 if hóá copper to brass to buy suits, buy gom valued on the same 50,000,000 to 80,000,000;
d) fine from copper to copper 30,000,000 20,000,000 if the goods purchased suits, buy gom worth from 80,000,000 100,000,000 to under contract on copper;
fine copper 35,000,000) If goods purchased suits, buy gom worth from 100,000,000 VND and above without prejudice to criminal responsibility.
2. With regard to acts of taking advantage of the situation of scarce goods or create scarcity of goods on the market to buy suits, buy gom commodities as gasoline, oil, cement, steel construction, LPG, chemical fertilizer to sell back illegal profits sanctioned as follows: a) a fine of 5,000,000 VND to 10,000,000 contract if the goods purchased suits , buy gom 50,000,000 worth of copper;
b) fine from 10,000,000 to copper copper 20,000,000 if the goods purchased suits, buy gom valued on the same 50,000,000 to 80,000,000;
c) fine from copper to copper 30,000,000 20,000,000 if the goods purchased suits, buy gom worth from 80,000,000 100,000,000 to under contract on copper;
d) fine copper 35,000,000 if goods purchased suits, buy gom worth from 100,000,000 VND and above without prejudice to criminal responsibility.
3. A fine of twice the level of the fines prescribed in clause 1 and clause 2 of this Article with respect to the following cases: a) is the violation of the business, the business branch in Vietnam;
b) violations is of personal, business, business registration no branch or be allowed to buy the commodities business suits, buy gom.
4. additional sanctions and remedial measures: a) confiscated goods for violation of the provisions of this Article;
b) confiscated proceeds benefit due to administrative violations for violating the provisions of this Article;
c) Stripped the right to use up to twelve month certificate of eligible business, the types of business license granted or deprived of the right to use without time limit on twelve months in the case of violation or re-offences for violation of the provisions of this Article.
Article 5. Punishment for stalker acts 1. A fine from 5,000,000 to 10,000,000 for copper copper business households have one of the following row plunged the behavior without reason: a) cut sales locations;
b) cut the sales method (from wholesale to retail) differs from the previous period;
c) regulations, listing, sales by quantitative, the object of purchase differ from earlier time;
d) cut the time of sale, the goods supply time other than the time before.
2. A fine from 10,000,000 to 15,000,000 Board fellow for business households have one of the following row plunged the behavior without reason: a) to cut the amount of merchandise sold;
b) stop selling goods off the market.
3. A fine of 15,000,000 20,000,000 for copper to copper business households have one of the following row plunged the behavior without reason: a) Don't open shops, places of business to sales;
b) Have opened shops, places of business transactions but not sales.
4. A fine of 20,000,000 30,000,000 for the copper to copper business households have put goods in warehouse acts in excess of 150% of average inventories of adjacent three months earlier.
5. A fine of twice the level of the fines prescribed from clause 1 to clause 4 of this Article with respect to the following cases: a) is the violation of the production, processing, packaging, Assembly, transfer, load, import of goods;
b) is violation of the business, the business branch in Vietnam;
c) violations is of supermarkets, trade centers or base other modern goods distribution.
6. additional sanctions: a) confiscated goods for violation of the provisions of paragraph 4 of this Article;
b) deprived of the right to use up to twelve month certificate of eligible business, the types of business license granted or deprived of the right to use without time limit on twelve months in the case of violation or re-offences for violation of the provisions of this Article.
Article 6. Sanctions for acts of excessive price rise 1. Caution or a fine of from 500,000 to 1,000,000 copper copper for increased sales price behavior, service fees from 20% or more compared to the price has declared or registered with the State Agency has the authority to collect illegal benefits if goods and services worth up to 5,000,000 đồng.
2. A fine of 1,000,000 to 3,000,000 đồng VND for violations of the provisions of paragraph 1 of this article if the goods or services of value from copper to copper 10,000,000 5,000,000 on.
3. A fine of 5,000,000 3,000,000 Dong to Dong for violations of the provisions of paragraph 1 of this article if the goods or services of value from copper to 10,000,000 20,000,000 on copper.
4. A fine from 5,000,000 to 7,000,000 Council Council for violations of the provisions of paragraph 1 of this article if the goods or services of value from on board to 20,000,000 50,000,000.
5. A fine from 10,000,000 to copper copper 7,000,000 for violations of the provisions of paragraph 1 of this article if the goods or services of value from copper to copper 80,000,000 50,000,000 on.
6. A fine from 10,000,000 to 15,000,000 Board Council for violations of the provisions of paragraph 1 of this article if the goods or services of value to copper copper 100,000,000 80,000,000 from the 7. A fine fellow to fellow 20,000,000 15,000,000 words for violations of the provisions of paragraph 1 of this article if the service goods valued at over 100,000,000 VND.
8. A fine of twice the level of the fines prescribed from clause 1 to clause 7 this for the following cases: a) is the violation of the manufacturing, processing, assembling, packing, loading, transfer and import of goods;
b) is violation of the business, the business branch in Vietnam;
c) violations is of supermarkets, trade centers or base other modern goods distribution.
9. additional sanctions:

a) seized proceeds benefit due to administrative violations for violating the provisions of this Article;
b) deprived of the right to use on the twelve month certificate of eligible business, the types of business license granted or deprived of the right to use without time limit on twelve months in the case of violation or re-offences for violation of the provisions of this Article.
Article 7. Sanctions for failure to conduct any damage on the market, the prices of goods and services 1. Caution or a fine of from 500,000 to 1,000,000 VND VND acts for personal loan information, fabricated, false news about the market situation, commodity prices, causing psychological services confusion in society and market instability.
2. A fine of from 1,000,000 to 5,000,000 đồng VND for households and business behavior fabricated, loan information, false news about the market situation, commodity prices, causing psychological services confusion in society and market instability.
3. A fine of 5,000,000 VND to 10,000,000 VND acts with fabricated, loan information, false news about the market situation, commodity prices, causing Service Center signed bewildered in the society and market instability.
4. A fine from 10,000,000 20,000,000 to copper copper for mass information bodies, the organizations concerned have fabricated behavior, Taiwan News, the news is not true about the market situation, commodity prices, service on the mass information media such as print, newspaper says, quote picture electronic, or other publications that cause confusion in social psychology and market instability.
5. A fine of twice the level of the fines prescribed from clause 1 to clause 4 this case knowingly fabricated, Taiwan News, info not true to advantage.
6. the real Shape of additional sanctions and remedial measures: a major improvement) forced information for violation of the provisions in paragraph 2, paragraph 3, paragraph 4 of this Article;
b) destruction or forced to confiscate the publications had insufficient information content for violation of the provisions of paragraph 4 of this Article;
c) Stripped the right to use up to twelve month certificate of eligible business, the types of business license granted or deprived of the right to use without time limit on twelve months in the case of violation or re-offending for violation of the provisions in paragraph 2 and paragraph 3 of this article.
Article 8. Sanctions for violation of the registration, paying the price of goods and services 1. A fine from 5,000,000 to copper copper 3,000,000 for acts not to declare the price of goods or services with the State Agency has the authority under the rules.
2. A fine of 5,000,000 VND to 10,000,000 VND for acts not registered price of goods and services with the State Agency has the authority under the rules.
3. the remedial measures: enforce registration, paying the price as stipulated for breach of the provisions in this article.
Article 9. Sanctions for violation of price listing of goods and services 1. Caution or a fine of from 500,000 to 1,000,000 VND VND for one of the following behaviors: a) not listing the prices of goods and services in shops, stalls, the traded goods, provision of services;
b) listed the incorrect price regulation, no clear cause confusion for customers.
2. A fine of from 1,000,000 to 5,000,000 đồng VND for sales behavior, collect money, charge higher service price list.
3. A fine of 5,000,000 VND to 10,000,000 VND for violations of the provisions of paragraph 1 and paragraph 2 of this Article in the following cases: a) the goods or services belonging to the category of State regulation or valuation framework, price limits;
b) goods, services list price stabilization as defined by law;
c) goods, services in the category of business restrictions or conditional business;
d) violations is of supermarkets, trade centers or base other modern goods distribution.
4. A fine from 10,000,000 20,000,000 for the copper to copper base currency transactions or the gold business has one of the following behaviors: a) not listing rates buy, sell Exchange or purchase price, sell gold at the business transaction;
b) Has listed rates buy, sell Exchange or purchase price, sell gold but the form content, price listing not clearly causes confusion for customers;
c) buy, sell foreign currency or in gold are not true to the listed price.
5. A fine fellow to fellow 30,000,000 20,000,000 words for acts listed price of goods and services in foreign currency or cash sales, service fees in foreign currency without permission.
6. additional sanctions and remedial measures: a) enforce price listing properly prescribed for violation of the provisions of paragraph 1, paragraph 3, clause 4 and clause 5 of this Article;
b) Forced to pay back the money clients had higher income reviews listed for violation of the provisions in paragraph 2, paragraph 3, point c of paragraph 4 of this article, the case did not identify the customer to return the confiscated filed the State budget;
c) seizure of foreign currency obtained due to administrative violations specified in clause 5 of this Article;
d) Stripping to use twelve months a certificate eligible business, the types of business license granted or deprived of the right to use without time limit on twelve months in the case of violation or re-offences for violation of the provisions of this Article.
Article 10. Sanctions for illicit export behavior petrol across the border 1. A fine from 5,000,000 VND to 10,000,000 VND for retail petrol in border areas are violations of regulations gasoline business in the border area by the Minister of industry and trade.
2. A fine of 5,000,000 VND to 10,000,000 VND for one of the following behaviors if the value petrol to 10,000,000: a) the transport of petrol into the border areas;
b) transport, trafficking, illegal exchange of petrol across the border;
c) traders, gas exchange, oil on the sea with the ship sailing, fishing media of foreign countries.
3. A fine from 10,000,000 20,000,000 to copper copper for violations of the provisions in paragraph 2 of this Article if the value of petrol from the top brass to 10,000,000 30,000,000 VND.
4. A fine of 20,000,000 30,000,000 VND to Council for violations of the provisions in paragraph 2 of this Article if the value petrol from 30,000,000 to 50,000,000. Council on
5. A fine of 30,000,000 50,000,000 copper to copper for violations of the provisions in paragraph 2 of this Article if the value of petrol from the top brass to 50,000,000 70,000,000.
6. Fine fellow to 50,000,000 70,000,000 Council for violations of the provisions in paragraph 2 of this Article if the value of petrol from the top brass to 70,000,000 under 100,000,000.
7. Fine fellow 70,000,000 for violations of the provisions in paragraph 2 of this Article if the value petrol from 100,000,000 VND and above for the case of criminal proceedings the Agency has decided not to prejudice criminal liability.
8. additional sanctions and remedial measures: a) enforce rules Business Manager petrol in border areas of the Ministry of industry and trade, b) confiscated goods violate rules from item 2 to paragraph 7 of this Article;
c) confiscated proceeds due to violation of the administrative regulations from paragraph 2 to paragraph 7 of this Article;
d) confiscated vehicles for violating rules from item 2 to clause 7 this if in one of the numerous violations or re-offending, use the control not of the sea means that due to the authorized level, behaviour evading or obstructing person on duty , except as prescribed in clause 2 article 17 Ordinance on handling administrative violations major violations in 2002;
Deprived of the right to use) to twelve month certificate of eligible business, the types of business license granted or deprived of the right to use without a time limit of twelve months from the back-up in case of repeat infringers or re-offending for violation of the provisions of this Article.
Article 11. Sanctions for illicit export behavior of paddy, rice, forest products, minerals over the border 1. A fine from 500,000 to 1,000,000 VND VND for one of the following behaviors if goods valued up to 5,000,000 đồng: a) the transport, trafficking, illegal exchange of paddy, rice, forest products, minerals across the border;
b) trafficking, illegal exchange of paddy, rice, forest products, minerals on the sea, with the means of transport.
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 if the goods are worth from copper to copper 10,000,000 5,000,000 on.
3. A fine of 2,000,000 to 5,000,000 đồng VND from for violations specified in clause 1 of this sculpture made if valuable goods from copper to 10,000,000 20,000,000 on copper.
4. A fine of 5,000,000 VND to 10,000,000 VND for violations of the provisions of paragraph 1 of this article if the goods are worth over 20,000,000 copper to copper 50,000,000 from reviews.
5. A fine from 10,000,000 20,000,000 to copper copper for violations of the provisions of paragraph 1 of this article if the goods are valued on the same 50,000,000 to 80,000,000.
6. Fine fellow to 20,000,000 30,000,000 VND for violations of the provisions of paragraph 1 of this article if the goods are worth over 80,000,000 100,000,000 to under contract from the contract.
7. Fine fellow 35,000,000 for violations of the provisions of paragraph 1 of this article if the goods valued at 100,000,000 VND and above without prejudice to criminal responsibility.
8. A fine of twice the level of the fines prescribed from clause 1 to clause 7 this for the following cases: a) forest products as round timber, lumber, natural animals, rare wild plants, plant varieties and animal breeds and rare in the category of business or export bans;
b) special minerals and toxic.
9. The administrative sanctions regulation at this does not apply to the activities of paddy, rice of border area residents aimed at consumers under current rules.
10. additional sanctions and remedial measures: a) confiscated goods of infringing the provisions of this Article;
b) confiscated proceeds due to administrative violations as defined in this Article;

c) confiscated vehicles for violating the provisions of this Article if one of the following cases: violation multiple times or re-offending, use the control not of the sea means that due to the authorized level, behaviour evading or obstructing the implementation of the public service, except in the case prescribed in clause 2 article 17 Ordinance on handling administrative violations in 2002;
d) Stripping to use twelve months a certificate eligible business, the types of business license granted or deprived of the right to use without time limit on twelve months in the case of violation or re-offences for violation of the provisions of this Article.
Article 12. Sanctions for the violation of prohibited goods trading, smuggled goods valued at 100,000,000 VND upward, counterfeiting of value from 30,000,000 VND upward and infringe on the label of the goods 1. With regard to the violation of prohibited goods trading, smuggled goods valued at 100,000,000 VND upward and counterfeiting have 30,000,000 VND upward from the value if found to have signs of criminals then sent transfer records for criminal agency competent to prejudice criminal liability. Cases of criminal authorities have decided not to prejudice the criminal liability of administrative sanctions is made with the level of maximum fine of framing the highest fines prescribed for administrative violations, accompanied by the form of the additional penalties and remedial measures prescribed in article 18 , Article 22 and article 24 of Decree 6/2008/ND-CP dated 16 January 2008 by government regulation on sanctioning administrative violations in trade activities.
2. for violations of trademark value from on Board 1.00.000.000 back up the administrative sanction is made with the level of maximum fine of framing the highest fines prescribed for administrative violations, accompanied by additional sanctions and remedial measures prescribed in article 23 of Decree 6/2008/ND-CP 2008-01-16 by government regulation on sanctioning administrative violations in trade activities.
3. The frame of a fine specified in point a, point b, point c, d, DD, e, point point point g, paragraph 4 Article 23 of Decree 6/2008/ND-CP dated 16 January 2008 by government regulation on sanctioning administrative violations in trade operations are applied to administrative sanction for acts prescribed goods business must have a trademark without labeled commodity.
Article 13. Sanctions for fraudulent about measurements, packaging and quality of goods and services 1. Caution or a fine from 20,000 to 50,000 Dong Dong for one of the following behaviors cause damage to customer if the goods are worth to 1.00.000: a) fraud in weight, making, measuring, counting, packing of goods;
b) fraud in goods quality versus quality or record on the label of the goods.
2. Caution or a fine from 50,000 to 100,000 Dong Dong for violations of the provisions of paragraph 1 of this article if the goods value from 100,000 to 300,000 dong. Council on
3. A fine from 100,000 to 200,000 Council Council for violations of the provisions of paragraph 1 of this article if the goods are worth from 500,000 to 300,000 VND VND on.
4. A fine of 200,000 to 300,000 Council Council for violations of the provisions of paragraph 1 of this article if the goods are worth from 500,000 to 1,000,000 VND VND on.
5. A fine of 300,000 to 500,000 Dong Dong for violations of the provisions of paragraph 1 of this article if the goods valued at 1,000,000 VND 2,000,000 VND coming on.
6. Fines from 500,000 to 700,000 Dong Dong for violations of the provisions of paragraph 1 of this article if the goods are worth 2,000,000 to 5,000,000 đồng from on board.
7. A fine of 700,000 to 1,000,000 copper Board for violations of the provisions of paragraph 1 of this article if the goods are worth from copper to copper 10,000,000 5,000,000 on.
8. A fine of 1,000,000 to 1,500,000 Dong Dong for violations of the provisions of paragraph 1 of this article if the goods are worth over 10,000,000 15,000,000 to copper copper from.
9. A fine of 1,500,000 VND 2,000,000 VND coming from with regard to violations of the provisions of paragraph 1 of this article if the goods are worth 15,000,000 20,000,000 to copper copper from above.
10. A fine of 2,000,000 VND to 3,000,000 đồng for violations of the provisions of paragraph 1 of this article if the goods are worth over 20,000,000 30,000,000 VND to copper from.
11. A fine from 5,000,000 to copper copper 3,000,000 for violations of the provisions of paragraph 1 of this article if the goods are worth 30,000,000 50,000,000 to copper copper from above.
12. A fine from 5,000,000 to 7,000,000 Council Council for violations of the provisions of paragraph 1 of this article if the goods are valued on the same 50,000,000 to 70,000,000.
13. A fine from 10,000,000 to copper copper 7,000,000 for violations of the provisions of paragraph 1 of this article if the goods are worth from copper to copper 100,000,000 70,000,000 over.
14. A fine from 10,000,000 to 15,000,000 Board Council for violations of the provisions of paragraph 1 of this article if the goods are worth over 100,000,000 VND.
15. A fine of twice the level of the fines prescribed from clause 1 to clause 14 of this for the following cases: a) fraudulent behaviour is of the manufacturing, processing, assembling, packing, loading, transfer of goods;
b) goods, services list price stabilization under the provisions of the law.
16. additional sanctions and remedial measures: a) Forced to compensate the damage to the customer for breach of the provisions of this Article, the case did not identify the customers to compensate then confiscated the money obtained by fraud on the State budget;
b) deprived of the right to use up to twelve month certificate of eligible business, the kind of license granted or deprived of the right to use without time limit on twelve months in the case of violation or re-offences for violation of the provisions of this Article.
Chapter III the JURISDICTION and SANCTION PROCEDURES article 14. The authority sanction 1. The authority sanction of the people's Committee of the level a) people's Committee Chairman granted the commune has the right to sanction the administrative violations of the provisions of this Decree in the locality according to the provisions of article 28 Ordinance handling administrative violations in 2002 and the revised Ordinances , the addition of some articles of the Ordinance on handling administrative violations in 2008.
b) people's Committee Chairman granted the district has the right to administrative sanctions the violation of the provisions of this Decree in the locality according to the provisions of article 29 Ordinance handling administrative violations in 2002 and Ordinance amending and supplementing some articles of the Ordinance on handling administrative violations in 2008.
c) Chairman provincial people's Committee has the right to administrative sanctions the violation of the provisions of this Decree in the locality according to the provisions of article 30 Ordinance handling administrative violations in 2002.
2. The Authority sanction of market management agency Who has the authority of the governing body of the market specified in article 37 Ordinances handling administrative violations in 2002 has the right to administrative sanctions the violation of the provisions of this Decree in its management and administrative violations of the commodity price service on the market, according to the Decree of the Government sanctioning administrative violations in the field.
3. the administrative sanctions authority of the police, customs, border guard, the marine police and the specialized inspection a) police districts, the Chief of the police criminal investigation on economic management order and position of provincial public security, Director of the provincial public security and police Chief of criminal investigations of order and economy management has the right to administrative sanctions for violations of the provisions of this Decree and in the field of the management of the sector as defined in clause 4, clause 5, clause 6 and clause 7 article 31 Ordinance handling administrative violations in 2002 and Ordinance amending and supplementing some articles of the Ordinance on handling administrative violations in 2008.
b) competent person Inspection Agency's specialization has the right to administrative sanction the acts stipulated in this Decree in the geographical and sector management according to the provisions of article 38 Ordinance on handling administrative violations in 2002 and Ordinance amending and supplementing some articles of the Ordinance on handling administrative violations in 2008.
c) competent person of the border guard, Coast Guard, Customs has the right to administrative sanction the acts of smuggling or illegal transportation of goods across the border defined in this Decree in its management and according to the provisions of article 32, article 33 and article 34 Ordinance on handling administrative violations in 2002 and the revised Ordinances , the addition of some articles of the Ordinance on handling administrative violations in 2008.
Article 15. Principle of determining the jurisdiction and authorized sanctions sanctions 1. Principle of determining the jurisdiction of sanctioning administrative violations are made according to the provisions of article 42 Ordinance handling administrative violations in 2002 and Ordinance amending and supplementing some articles of the Ordinance on handling administrative violations in 2008.
2. The authorised sanctioning administrative violations are made according to the provisions of article 41 Ordinance on handling administrative violations in 2002 and Ordinance amending and supplementing some articles of the Ordinance on handling administrative violations in 2008.
Article 16. Sanction procedures, handling of exhibits, means of administrative violations and enforcement of punishment decisions 1. Procedure for sanctioning of administrative violations, handling of exhibits, means of administrative violations and enforce the decision sanctioning administrative violations are made according to the provisions of the Ordinance on handling administrative violations in 2002 and Ordinance amending and supplementing some articles of the Ordinance on handling administrative violations in 2008.
2. The valuation of goods, exhibits, means of administrative violations as a basis for determining the level of fines and the authority sanction for administrative violations are made according to the provisions of article 63 of Decree 6/2008/ND-CP dated 16 January 2008 by government regulation on sanctioning administrative violations in the position of commercial activity.

Article 17. Apply measures to prevent violations and ensure the administrative sanctioning administrative violations the application of preventive measures and ensure the administrative sanctioning administrative violations are made according to the provisions of the Ordinance on handling administrative violations in 2002, Ordinance amendments , the addition of some articles of the Ordinance on handling administrative violations in 2008.
Chapter IV COMPLAINTS, accusations and HANDLE breach of article 18. Complaints, accusations and complaints, report 1. Individuals 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.
2. Individuals, organizations sanctioned administrative offense, was to apply the preventive measures of administration or their legal representatives have the right to appeal the decision sanctioning administrative violations or decide to apply measures to prevent violation of the administration under the provisions of the law the complaint , accusations or to sue in the courts of competent jurisdiction under the provisions of the law on the procedure of administrative lawsuit settlement.
3. The sequence, procedure, the time limit, the authority of complaints, accusations and complaints, accusations about sanctioning administrative violations made under the provisions of the law on complaints, accusations and complaints, accusations.
Article 19. Handle violation for sanction administrative authorities Who are competent administrative sanctions under the provisions of this Decree have the acts of harassment, tolerate, cover breach, not processed or not processed in a timely manner; penalizing vires, not properly sanctioned object, not properly sanctioned violations; apply the correct form, not the level of sanctions and other measures; appropriation, unauthorized use of money, goods, exhibits, the media breached; impede the circulation of legal goods, cause damage to the business, then depending on the nature and extent of the violation will be disciplined or prejudice criminal liability and compensation for damage in accordance with the law.
Chapter V PROVISIONS Enacted 20. Effect 1. The Decree has effect after 15 days from the date The report.
2. Annul the relevant provisions previously issued contrary to this Decree.
Article 21. Responsibility 1. Minister of industry and commerce is responsible for guiding implementation of this Decree.
2. Ministers, heads of ministerial agencies, heads of government agencies and the President of the people's Committee of the central cities, is responsible for the implementation of this Decree.