Pursuant to the law on organization of the Government of 25 December 2001;

Commercial Law base on June 14, 2005;

Pursuant to the law on competition on December 3, 2004;

Electronic transactions Act base on November 29, 2005;

Basing the Ordinance on administrative violations processing 2 July 2002;

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, the form and the level of punishment, remedial measures, jurisdiction and procedure for sanctioning of administrative violations in trade activities.

2. administrative violations in trade activities are the acts of individuals, the Organization intentionally or unintentionally violating the regulations of the State in the management of commercial activities that are not crime and under the provisions of this Decree sanctioned administrative offense.

3. The administrative violations in trade activity specified in this Decree include: a) violation of the provisions of the business registration certificate of the trader;

b) infringe regulations on the establishment and operation of representative offices, branches of foreign traders in Vietnam; about purchase and sale of goods and the activities directly related to the buying and selling of goods business for foreign investment in Vietnam; on the right, the right to export and import goods of foreign traders have no presence in Vietnam;

c) violating traffic regulations, trading goods and services on the market;

d) infringe regulations on trade promotion activities;

DD) violated the regulations on the export, import and export of goods and services related to export, import of goods;

e) infringe regulations on intermediate trade activities;

g) violating the regulations on other commercial activities.

4. The administrative violations in trade activities not directly specified in this Decree shall apply under regulations sanctioning administrative violations in the field of management of the State concerned.

Article 2. Application object 1. Individuals, Vietnam had organized administrative violations in trade activities.

2. Individuals, foreign institutions have administrative violations in trade activity in the territory, exclusive economic zone and the continental shelf of the Socialist Republic Vietnam, unless the international treaties to which Vietnam is a member otherwise.

3. Minors have administrative violations in trade activities sanctioned under the provisions of article 6 and article 7 Ordinance handling administrative violations.

Article 3. Explanation of terms In this Decree, the following words are interpreted as follows: 1. business is the ongoing one, some or all stages of the investment process, from production to consumption of products or services on the market aimed at profitable.

2. The goods including all types of property, including property formation in the future and those things attached to the land.

3. Goods on the market is that the goods are in transit, are sold, to the beach, Pier, at the depot, in manufacturing, trading or at other locations.

4. Economic organizations including the established business operating under the enterprise law, investment law; Cooperative, the cooperative association is established under the law on cooperatives; credit institutions established under the law on credit institutions; the Organization was established under the insurance business law, insurance and other economic institutions in accordance with the law.

5. Business households as stipulated in Decree No. 88/2006/ND-CP on August 29, 2006 by the Government on business registration.

6. Services related to export and import commodities include: mandated the export, import, transfer mandate export, transit, import-export and temporary export, re-re-type are defined in commercial law and the Decree detailing implementation of commercial law.

7. The goods smuggled include: a) prohibited goods imported or suspend imports under the provisions;

b) imported goods have conditions or must have a license without papers or the license of the State management agency specialization levels accompanied the goods;

c) imported goods do not go through the gate, the regulation does not make the prescribed customs formalities or fraud the number, types of goods when the customs procedures;

d) imported goods circulating in the market without invoices and vouchers attached as specified or there is but not enough bills, vouchers, invoices or vouchers but through investigation, verification of function body defined as invoices, vouchers not legal as fake invoice , invoice establishment control, illegal purchase invoice, invoice used;

DD) imported goods regulations to stamping of imported products but don't have the stamps affixed to the goods according to the regulation, there is fake stamps, but paste stamps stamps used.

8. the counterfeit goods include: a) Fake quality and uses: the goods have no use value or use value is not true to the origin, nature, and uses of the goods;

b) forge brand goods, packaging of goods: the goods are fake names, addresses of other traders on the label or packaging of the same type of goods; fake goods instructions about the origin of the goods or where production, packing, assembling on the label or packaging of the goods;

c) counterfeit of intellectual property under the provisions of article 213 intellectual property Law including goods with trademarks, signs of infection or hard to distinguish trademarks, geographical indications are protected uses for the item without permission of the owner of the trademark or of the governing geographical indications; of goods is manufactured copies without permission of the owner of copyright or related rights;

d) kinds of decals, label the goods, packaging of goods, quality stamps, stamps anti-counterfeit, warranty, sealed off the membrane co. goods with fake names, addresses of traders, the origin of the goods, the place of production, packing, Assembly of goods (hereinafter referred to as the stamps, labels, fake goods packaging);

DD) with respect to goods in an professional management if the law regulates the application of those provisions to identify counterfeit goods.

Article 4. The principle of sanctioning the principle of sanctioning administrative violations in trade activity is done according to the provisions of article 3 of the Ordinance on handling administrative violations, article 3 and article 4 of Decree 135/2003/ND-CP on November 14, 2003 detailing the Government's implementation of some articles of the Ordinance on handling administrative violations.

Article 5. Extenuating circumstances, aggravating The extenuating or aggravating to apply sanctions against administrative violations in trade activity specified in this Decree shall be made according to the provisions of article 8, article 9 Ordinance on handling administrative violations and article 6 Decree No. 134/2003/ND-CP dated 14 November 2003 by the Government detailing the implementation of a number of articles of the Ordinance on handling administrative violations.

Article 6. Time sanctioning administrative violations 1. Time sanctioning administrative violations in trade operations is one year from the date of the administrative violations are made, except in the case specified in clause 2 of this Thing.

2. for administrative violations in the operation of export-import goods or services related to export, import of goods; acts of smuggling, trafficking in or transporting smuggled goods; business behavior false then the time sanctions are two years from the date of the administrative violations are made.

3. Individuals prosecuted, indicted or had decided to put on trial under criminal proceedings, but later decided to suspend the investigation or the suspension of the case which have sign violations administrative violations specified in this Decree shall be administrative sanctions. Time penalty is three months from the date the competent sanctions get decided to suspend and resume service the violation.

4. Within the time limit specified in paragraph 1, paragraph 2 and paragraph 3 of this article if the individual, organization, implement new administrative violations set forth in this decree or willfully evading, obstructing the sanction, the time sanctioning administrative violations were counted back from the time of implementation of new administrative violation or termination behavior escape , obstructing the sanction.

5. Calculation of time sanctioning administrative violations in trade activity is done according to the provisions of article 9, Decree No. 134/2003/ND-CP on November 14, 2003 detailing the Government's implementation of some articles of the Ordinance on handling administrative violations.

6. in case of exceeding the time limit specified in paragraph 1, item 2, paragraph 3 and paragraph 4 of this Article, the individual, the organization violated the sanctioned administrative offense, but still apply remedial measures prescribed in paragraph 3 article 12 Ordinance on handling administrative violations if this Decree regulates the application of remedial measures for the administrative violations.

Article 7. The time limit is considered to have not yet dealt with administrative violations 1. The time limit is considered to have not yet dealt with administrative violations in trade activity is done according to the provisions in clause 1 article 11 Ordinances handling administrative violations and article 7 Decree No. 134/2003/ND-CP on November 14, 2003 detailing the Government's implementation of some articles of the Ordinance on handling administrative violations.

2. Calculation of the time limit is considered to have not yet dealt with administrative violations in trade activity is done according to the provisions of article 9, Decree No. 134/2003/ND-CP on November 14, 2003 detailing the Government's implementation of some articles of the Ordinance on handling administrative violations.

Article 8. Apply the sanctions administrative violations and remedial measures 1. The application of the sanctions violation and remedy for administrative violations must be grounded on the enforcement of this Decree have been prescribed for each administrative violations.

2. Each administrative violations only applies a form of sanction is warned or fined:


a) caution be applied for violations of the first administration, have extenuating circumstances and if this Decree stipulates sanctions warning for administrative violations;

b) fines applied when none of the conditions specified in point a of this paragraph and in the frame of the fines prescribed for each administrative violations as follows: for administrative violations with no aggravating or mitigating the penalty level is the average of the frame of penalties are prescribed for that behavior. The average of the frame of the fine is determined by dividing the total number of double the minimum level and maximum level;

For administrative violations there are extenuating circumstances, the level of the fine may be reduced but not excessive reduction of minimum fine frame;

For administrative violations are aggravating the penalty level can increase, but not exceed the maximum level of fine frame.

3. In addition to fines, depending on the nature and extent of the specific individual violations, organized administrative violations are also being applied to one or more additional sanctions as follows: a) deprived of the right to use have limited time or no time limit for the type of license, certificate of practice to be applied in individual cases serious infringement organization, specified using the type of license, certificate of practice and if the Decree has specified additional fines for administrative violations;

b) confiscated exhibits, the means used to administrative violations are applied when this Decree contains provisions to apply additional sanctions against administrative violations. Exhibits, means of administrative violations include animals, money, goods, tools, means that are directly related to administrative violations. Not confiscated exhibits, means of getting personal, organized administrative infringement, unauthorized use that returned to the owner or Manager, legitimate users as defined in clause 2 article 17 Ordinance on handling administrative violations and item 2 article 12, Decree No. 134/2003/ND-CP on November 14, 2003 detailing the Government's enforcement of the a number of articles of the Ordinance on handling administrative violations.

4. In addition to sanctions prescribed in clause 2 and clause 3 of this individual, organized administrative violations are also being applied one or more remedial measures due to administrative violations caused or other measures prescribed in this decree aimed at handling thorough violation , eliminate the causes, conditions it, fix any consequences caused by administrative infringement.

5. Sanctions are applied independently or accompanied by additional sanctions and remedial measures. The additional sanctions and remedial measures only apply accompanied by sanctions, except in the case specified in clause 6 article 6 and paragraph 6 of this Article.

6. in case of exceeding the time limit for a decision sanctioning administrative violations as stipulated in clause 1 Article 56 Ordinance handling administrative violations and article 21 Decree No. 134/2003/ND-CP on November 14, 2003 detailing the Government's implementation of some articles of the Ordinance on handling administrative violations, the authorized person is not sanction the decision process administrative violations, but must still decide confiscated exhibits administrative violations in an all spaces of circulation, circulation and apply remedial measures if this Decree has specified additional sanctions and remedies for administrative violations.

Article 9. The responsibility of the competent person in the sanctioning of administrative violations 1. When the administrative violation, the person has the authority sanctioning administrative violations in trade operations are suspended right violations and timely sanctions decision within the time limit prescribed by law. The case of the incident violated no jurisdiction or exceeds his sanction authority must then set the minutes in accordance with the regulations and the timely transfer of records the incident violated the authority to sanction.

2. Authority sanctioning administrative violations in trade activity have to sanction the right authority. Case authority sanctioning administrative violations in absentia shall authorize deputies directly implement the sanctions prescribed in article 41 Ordinance handling administrative violations and article 14 Decree No. 134/2003/ND-CP on November 14, 2003 detailing the Government's implementation of some articles of the Ordinance on handling administrative violations.

3. Prohibited acts cover, hindering the sanctions; prohibiting the holding back the signs of crime to sanctioning administrative violations or separation of service violation to withhold sanctions to match his level of competence.

4. The case was a decision sanctioning vires, the object violation, violations; incorrect application forms, fines and remedial measures; sanctions are not the right time, then the sanction period according to the particular case to modify or cancel the decision not lawful.

5. The processing responsibility authority sanctioning administrative violations in trade activities according to the provisions of article 66 of this Decree.

Chapter II ADMINISTRATIVE VIOLATIONS, the form and the LEVEL of SANCTIONS 1. VIOLATION of RULES REGARDING CERTIFICATE of BUSINESS REGISTRATION of TRADERS article 10. Violation of the provisions of the business registration certificate of the trader's economic organizations 1. A fine of 1,000,000 to 3,000,000 đồng VND for improper business conduct trades, business locations, items recorded in the certificate of business registration.

2. A fine of 5,000,000 3,000,000 Dong to Dong for business behavior in the form of business without business registration certificate as prescribed.

3. A fine of 5,000,000 VND to 10,000,000 VND for the behavior to continue business activities when it was the State Agency has the authority to revoke the certificate of business registration.

4. A fine of twice the level of the fines provisions from paragraph 1 to paragraph 3 of this article in the case of goods, services, business in the category of goods and limited services business, business conditions or the goods were the State Agency has the authority to apply emergency measures forced withdrawal pause, circulation, circulation condition or have to have a license.

5. The regulations from paragraph 1 to paragraph 4 of this Article also apply to sanctions for violations of investment licenses, investment certificates and the certificate of registration of the representative office, branch of traders is economic organizations in the province , the city.

Article 11. Violation of the provisions of the business registration certificate of the trader's business household 1. Caution or a fine from 100,000 to 300,000 Council Council for improper business conduct trades, business locations, items recorded in the certificate of business registration.

2. A fine of 300,000 to 500,000 Dong Dong for business behavior in the form of business households which do not have a business registration certificate as prescribed.

3. A fine of from 500,000 to 1,000,000 VND VND for the behavior to continue business activities when it was the State Agency has the authority to revoke the certificate of business registration.

4. A fine of twice the level of the fines provisions from paragraph 1 to paragraph 3 of this article in the case of goods, services, business in the category of goods and limited services business, business conditions or the goods were the State Agency has the authority to apply emergency measures forced withdrawal pause, circulation, circulation condition or have to have a license.

Article 12. Sanctioning administrative violations of business registration, registration of investment, of the headquarters and sign of traders for administrative violations of business registration procedures, registration of investment; about the headquarters, business locations, sign of traders and other violations of the business registration certificate of the individual, economic organizations shall apply according to the provisions sanctioning administrative violations in the field of management of the State concerned.

Section 2 VIOLATION of REGULATIONS on ESTABLISHMENT and OPERATION of REPRESENTATIVE OFFICES, BRANCHES of FOREIGN TRADERS; ABOUT PURCHASE AND SALE OF GOODS AND THE ACTIVITIES DIRECTLY RELATED TO THE PURCHASE AND SALE OF GOODS OF ENTERPRISES WITH FOREIGN INVESTMENT IN VIETNAM; On the RIGHT, the right to EXPORT and IMPORT of FOREIGN TRADERS HAVE NO PRESENCE in VIETNAM article 13. Violation of regulations on establishment and operation of representative offices of foreign traders in Vietnam (hereinafter referred to as the Office) 1. A fine from 5,000,000 VND to 10,000,000 VND for one of the following behaviors: a) do not operate in a defined period after being granted a license to establish a representative office;

b) Not done or done incorrectly regulation on newspapers to inform about the activities of a representative office or posted content reported is not true, not full as specified;

c) did not inform the State administration authorities within the regulations of the opening activity at the registered office;

d) dishonest Declaration of content in the profile recommended levels, level back, modified, supplemented, to renew the licence to establish a representative office;

DD) Not done or done incorrectly rules on the newspaper, listed as the termination of activity of representative office.

2. A fine from 10,000,000 to 15,000,000 VND VND for one of the following behaviors: a) has no location based offices or rent back office or representative office works not properly address stated in the permit;

b) do not make periodic reports or reports dishonest about the activities of the representative office with State administration authorities have granted a license under the provisions;

c) do not make a report, providing documents or explain the issues relevant to the activities of the representative office at the request of the State Agency has the authority under the regulations;


d) Not do the procedure to modify, Supplement, replace a license to establish a representative office as a rule;

DD) Stopped operation too prescribed time limit without notice with the State Agency has the authority under the regulations;

e) Self written more, repair, erasing the contents of a licence to establish a representative office is granted.

3. A fine fellow to fellow 20,000,000 15,000,000 words for one of the following behaviors: a) forgery of papers, documents and records suggest, again, amendments, supplements, renewed license offices;

b) improperly functioning content recorded in the license of the representative office;

c) perform more functions to represent other foreign traders;

d) representative office head Chief who heads a branch of the same foreign traders which in Vietnam;

DD) head office chief representative under the law of the foreign traders to the contract without the written authorization of the foreign traders;

e) head office chief legal representative of the enterprise was established under the law of Vietnam;

g) Head Office concluding, amending, supplementing the contract the delivery of foreign merchants that do not have an authoritative legal text of the foreign traders for each delivery of the additional amendments, except in cases permitted by law;

h) Rent, lease, lend or muợn license offices.

4. A fine of 20,000,000 30,000,000 VND to Board for one of the following behaviors: a) continued to operate after the foreign traders have to terminate the operation;

b) continued to operate after the State Agency has the authority to revoke the licence to establish representative offices or license expired, not renewed.

5. In addition to the application of the sanctions mentioned above, who have the authority to sanction recommendations State Agency has the authority to revoke the license to establish a representative office in the case of violation of the provisions of point a, point d of paragraph 1; point b, point c, paragraph 2 and point b DD points, point h, paragraph 3 of this article.

Article 14. Violation of regulations on establishment and commercial activity of the foreign traders branch in Vietnam (hereinafter referred to as affiliates) 1. A fine from 10,000,000 to 15,000,000 VND VND for one of the following behaviors: a) do not operate in a defined period after being granted a license to establish a branch;

b) Not done or done incorrectly specified on the paper to report on the activities of the branch or the content posted incorrect, incomplete report as prescribed;

c) did not inform the State administration authorities within the regulations of the opening activity at the registered office;

d) dishonest Declaration of content in the profile recommended levels, level back, to modify, Supplement, extend the license branch;

DD) Not done or done incorrectly rules on the newspaper, listed when termination of the activities of the branch.

2. A fine of up to 20,000,000 15,000,000 VND VND for one of the following behaviors: a) has no headquarters or branch office sublease or proper operation of the address stated in the permit;

b) do not make periodic reports or reports dishonest about the activities of the branch with State administration authorities have granted a license under the provisions;

c) do not make a report, providing documents or explain the issues relevant to the branch's activities as requested by the governing body of the competent State;

d) Not do the procedure to modify, Supplement, replace the license prescribed branch;

DD) Stopped operation too prescribed time limit without notice with the State Management Agency of competent jurisdiction;

e) Self written more, repair, erasing the contents of license branch.

3. A fine fellow to fellow 30,000,000 20,000,000 words for one of the following behaviors: a) forgery of papers, documents and records suggest, again, to modify, Supplement, extend the license branch;

b) improperly functioning content recorded in the license branch;

c) perform functions that represent other foreign traders;

d) the head of the Branch Chief legal representative of Representative Office of foreign traders which in Vietnam;

DD) the head of the Branch Chief legal representative of representative office, branch of the foreign traders in Vietnam;

e) Rent or lease license branch.

4. A fine of 30,000,000 VND to 40,000,000 Council for one of the following behaviors: a) continued to operate after the foreign traders have to terminate the operation;

b) continued to operate after the State Agency has the authority to revoke the licence to establish branches or the license expired, not renewed.

5. In addition to the application of the sanctions mentioned above, who have the authority to sanction recommendations State Agency has the authority to revoke the licence to establish branches in the case of violation of the provisions of point a, point d of paragraph 1; point b, point c, paragraph 2 and point b DD points, point e clause 3 of this article.

Article 15. Violation of regulations on the operations of buying and selling goods and activities directly related to the purchase and sale of goods of enterprises have invested in Vietnam opens 1. A fine from 10,000,000 VND to 20,000,000 Board for one of the following behaviors: a) dishonest Declaration of content in the profile recommended levels, level back, modify, complement, renew a business license or permit established retail establishments;

b) does not declare the loss of the business license or permit established retail establishments with state management agencies have the authority under the regulations;

c) do not make a report, providing documents or explain the issues relevant to the operation of the enterprises with the State Agency has the authority under the rules.

2. A fine of 20,000,000 30,000,000 VND to Board for one of the following behaviors: a) does not make the revised procedures, additional business license or permit established retail establishments as defined when a change in the content recorded in the business license or permit established retail establishments;

b) Don't perform the procedure of reissuing a business license or permit established retail establishments in the case of a business license or permit established retail establishments lost, torn, being crushed, burnt or destroyed under other forms prescribed.

3. A fine of 30,000,000 VND to 40,000,000 Council for one of the following behaviors: a network of middlemen) held in Vietnam to export goods contrary to the provisions of the law of Vietnam and the international treaties to which the Socialist Republic of Vietnam is a Member;

b) organized or participated in goods distribution system in Vietnam left with provisions of the law of Vietnam and the international treaties to which the Socialist Republic of Vietnam is a Member;

c) business goods or services inconsistent with the commitment of Vietnam open market or inconsistent with the law of Vietnam;

d) operation outside of the scope of content to be recorded in the business license or permit established retail establishments;

DD) Established retail establishments in Vietnam.

4. A fine of up to 50,000,000 copper copper 40,000,000 for the behavior continued after the activity has been the State Agency has the authority to revoke a business license, the license set up retail establishments or a business license, the license set to expire retail establishments are not renewed.

5. In addition to the application of the sanctions mentioned above, who have the authority to sanction recommendations State Agency has the authority to revoke a business license, a license created for retail establishments violating the provisions of this Article.

Article 16. Violation of regulations on the export, exercising the right of importers of foreign traders have no presence in Vietnam 1. A fine from 10,000,000 VND to 20,000,000 Board for one of the following behaviors: a) dishonest Declaration of content in the profile recommended levels, level back, modified, supplemented, to renew the certificate of registration of right to export, the importing authority;

b) non-registered contacts with state management agencies have the authority under the regulations;

c) Not do the procedure to modify, Supplement, replace, renew the certificate of registration of right to export, the importing authority as prescribed;

d) Not done or done incorrectly rules on the publicity on mass media of Vietnam after being granted or amended, additional, renewal of the registration certificate for the right to export, the importing authority.

2. A fine of 20,000,000 30,000,000 VND to Board for one of the following behaviors: a) not to make the annual report of unscheduled reports, as required by State regulators about the situation for export and import of prescribed traders or incomplete reporting, the precise , on time;

b) do not send written notice of the termination of the operation to the certification body registration export rights, the right to import or send text message not on time before the expected termination of the activity as specified;

c) Not done or done incorrectly rules on the publicized on mass media of Vietnam when the expected termination of the operation.

3. A fine of 30,000,000 VND to 40,000,000 Council for one of the following behaviors: a) forgery of papers, documents and records suggest, again, amendments, supplements, renew the certificate of registration of right to export, the importing authority;

b) purchasing goods for export or sale of imported goods with Vietnam traders do not have to register sales of goods;

c) export-import goods not properly with goods export and import rights recorded in the certificate of registration of right to export, the import rights granted, amended, supplemented, extended.


4. A fine of up to 50,000,000 copper copper 40,000,000 for export behavior, import goods after has been the State Agency has the authority to revoke the certificate of registration of right to export, the importing authority or certificate of registration of right to export, the importing authority expire was not renewed.

5. remedial measures: Forcing taken out of Vietnam territory at the gate import or export suspension for violation of the provisions in point c of paragraph 3 and paragraph 4 of this Article.

6. In addition to the application of the sanctions mentioned above, who have the authority to sanction recommendations State Agency has the authority to revoke the certificate of registration of right to export, the importing authority for violation of the provisions in paragraph 1 point a, art. 2 and paragraph 3 of this article.

Section 3 VIOLATION of TRAFFIC REGULATIONS, trading goods and SERVICES on the MARKET article 17. Violating the rules on prohibition of business services 1. A fine from 10,000,000 20,000,000 for copper to copper acts as a broker or business activity services list banned business.

2. A fine of 20,000,000 30,000,000 for the copper to copper behavior in service businesses categories banned business.

3. additional sanctions: confiscated exhibits, the means used to administrative violations for violating the provisions of this Article.

4. In addition to the application of the sanctions mentioned above, who have the authority to sanction recommendations State Agency has the authority to revoke the certificate of business registration for violating provisions of this in the case of violation or re-offending.

Article 18. Breach of rules on goods prohibited the trading of 1. Caution or a fine of from 500,000 to 1,000,000 VND VND for commodity trading behaviour in the list of goods banned business worth up to 5,000,000 đồng.

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 has value from the same 5,000,000 to 10,000,000.

3. A fine of 2,000,000 VND to 3,000,000 đồng for violations of the provisions of paragraph 1 of this article has value from copper to copper 20,000,000 10,000,000 over.

4. A fine of 5,000,000 3,000,000 Dong to Dong for violations of the provisions of paragraph 1 of this article has value from copper to copper 30,000,000 20,000,000 on.

5. A fine from 5,000,000 VND to 10,000,000 VND for violations of the provisions of paragraph 1 of this article has value from copper to copper 50,000,000 30,000,000 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 has value from copper to copper 70,000,000 50,000,000 on.

7. Fine fellow to 20,000,000 15,000,000 Board for violations of the provisions of paragraph 1 of this article has value from on board to Board 100,000,000 70,000,000.

8. A fine of twice the level of the fines prescribed from clause 1 to clause 7 this Thing for one of the following cases: a) is the violation of individual, organization of production, processing, machining, fabrication, reprocessing, sorting, Assembly, transfer, loading, packaging, importing prohibited goods business;

b) goods banned trading is hazardous chemicals, drug prevention, healing to the people, the types of health products, vaccines, veterinary medicine, plant protection drugs, food additives, food processing support, food irradiation, genetically modified food and the types of medical equipment has not been used in Vietnam.

9. The fines prescribed from clause 1 to clause 8 this also applies with regard to sanctions: a) means of transport or transport operator acts knowingly transport goods in the list of goods banned business;

b) warehouse, Miami, houses harboring deliberate behavior, hiding the goods in the list of goods banned business;

c) individual, business organization services goods acts intentionally goods list banned goods business.

10. additional sanctions and remedial measures: a) forced the destruction of goods, materials and products harmful to human health, animals, plants, the environment, toys harmful to education and children's health, personality and cultural products toxic to violate the provisions of this Article. The case cannot be destroyed or forced to measure individual, held in violation do not perform destroy, then confiscated to destroyed as prescribed;

b) confiscated goods prohibited business for violating the provisions of this Article, except where the regulation has applied in art. 10 of this;

c) confiscated exhibits, the means used to manufacture, machining, processing, manufacturing, recycling, sorting, Assembly, transfer, load, pack the goods prohibited business for violations specified in art. 8 of this Article;

d) confiscated goods vehicles prohibited business for violation of at point a and point c of paragraph 9 of this Article if one of the following cases: goods of infringing the value from above 50,000,000; repeat infringers or re-offending; use of non-controlled sea transport it or control sea means not by the State administration authorities; behaving evade or hinder the implementation of the public service, except in the case prescribed in clause 2 article 17 Ordinance on handling administrative violations and item 2 article 12, Decree No. 134/2003/ND-CP on November 14, 2003 detailing the Government's implementation of some articles of the Ordinance on handling administrative violations.

11. In addition to the application of sanctions and remedial measures mentioned above, who have the authority to sanction recommendations State Agency has the authority to revoke the certificate of business registration for violation of the provisions of this Article in case the offending goods valued at over 50,000,000 or repeat infringers or re-offending.

Article 19. Breach of rules on domestic goods were imposed emergency measures 1. Caution or a fine from 100,000 to 500,000 Dong Dong for one of the acts of business goods have state management agencies have the authority to apply emergency measures must have traffic conditions or licenses but does not guarantee the condition or does not have the prescribed license worth up to 5,000,000 đồng.

2. A fine of from 500,000 to 1,000,000 VND VND for one of the offences stipulated in paragraph 1 of this article has value from the same 5,000,000 to 10,000,000.

3. A fine of from 1,000,000 to 2,000,000 VND VND for one of the offences stipulated in paragraph 1 of this article has value from copper to copper 20,000,000 10,000,000 over.

4. A fine of 2,000,000 VND to 3,000,000 đồng for one of the offences stipulated in paragraph 1 of this article has value from copper to copper 30,000,000 20,000,000 on.

5. A fine from 5,000,000 to copper copper 3,000,000 for one of the offences stipulated in paragraph 1 of this article has value from copper to copper 50,000,000 30,000,000 on

6. Fines from 5,000,000 VND to 10,000,000 VND for one of the offences stipulated in paragraph 1 of this article has value from copper to copper 70,000,000 50,000,000 on.

7. A fine from 10,000,000 to 15,000,000 VND VND for one of the offences stipulated in paragraph 1 of this article has value from copper to copper 100,000,000 70,000,000 over.

8. Fine fellow to 20,000,000 15,000,000 VND for one of the offences stipulated in paragraph 1 of this article has value from on board 100,000,000 or more.

9. A fine of twice the level of the fines prescribed from clause 1 to clause 8 this for one of the following cases: a) the behavior of business goods has been the State Agency has the authority to apply emergency measures forced to revoke or suspend the circulation;

b) violation is of the individual, organization of production, processing, machining, fabrication, reprocessing, sorting, Assembly, transfer, loading, packaging, imported goods were the State Agency has the authority to apply emergency measures forced the revocation, suspension, traffic circulation conditions or must have a license.

10. With regard to the behaviour of business goods have state management agencies have the authority to apply emergency measures prohibiting the circulation of the sanction under the provisions of article 18 of this Decree.

11. additional sanctions and remedial measures: a) the Forced destruction of goods harmful to human health, animals, plants, the environment, toys harmful to education and children's health, personality, culture products toxic to violate the provisions of this Article. The case cannot be destroyed or forced to measure individual, held in violation do not perform destroy, then confiscated to destroyed as prescribed;

b) confiscated goods for violation of the provisions of art. 9 of this, except have applied measures stipulated in art. 11 of this Article.

Article 20. Violation of trading goods, limited business services 1. Caution or a fine from 100,000 to 500,000 Dong Dong for one of the following behaviors: a) for rent or loan business license goods, limited services business;

b) Self written more, erasing, fix the content recorded in the business license of goods and limited services business.

2. A fine of from 500,000 to 1,000,000 VND VND for one of the acts does not guarantee one of the requirements for professional qualifications, expertise, experience and occupational health managers, technical staff, direct staff sale goods, direct staff to perform services as specified.

3. A fine of 1,000,000 to 3,000,000 đồng VND for one of the following behaviors: a) the goods, service business limited does not guarantee the circulation conditions as specified;

b) business establishments does not guarantee one of the technical requirements, equipment, business processes and other prescribed standards or in the course of business activities not done or done improperly, not full of business conditions of goods, services, the business limit as prescribed;


c) improper business scope, object, scale, time, location, items recorded in the business license of goods, services, the business limit is granted;

d) Not done right the other related regulations when trading goods and limited services business.

4. A fine of 5,000,000 3,000,000 Dong to Dong for one of the following behaviors: a) Hired or borrowed goods business license, the limited services of other traders in business to business;

b) continue operations when was the State Agency has the authority deprived of the right to use or to revoke the business license of goods and limited services business;

c) business goods and limited services business without a business license, limited business services by State administration authorities or business license has expired.

5. A fine of twice the level of the fines prescribed from clause 1 to clause 4 of this Article if the violation is of the individual, organization of production, processing, machining, fabrication, reprocessing, sorting, Assembly, transfer, loading, packaging, imported goods, limited services business.

6. additional sanctions and remedial measures: a) the Forced destruction of goods does not assure the prevention of fire, explosion, sanitation, the environment, affect human health, animals, plants for violating the provisions of art. 3 of this article. The case cannot be destroyed or forced to measure individual, held in violation do not perform destroy, then confiscated to destroyed as prescribed;

b) deprived of the right to use the business license of goods, services, the business limit to one year for violation of the provisions of paragraph 1, paragraph 3 and paragraph 4 a score of this in the case of violation or re-offending.

Article 21. Breach of rules on goods, services business condition 1. Caution or a fine from 100,000 to 500,000 Dong Dong for one of the following behaviors: a) for rent or lent the certificate of eligible goods, business services business condition;

b) Self written more, repair, erasing the contents of the certificate of eligible goods, business services business condition.

2. A fine of from 500,000 to 1,000,000 VND VND for one of the following behaviors: a) individual, business organization, business services are not the conditions prescribed traders;

b) managers, technical staff, direct staff sale goods, direct staff to perform services does not guarantee one of the requirements for professional qualifications, expertise, experience and health according to the regulations.

3. A fine of 1,000,000 to 3,000,000 đồng VND for one of the following behaviors: a) the goods or services does not guarantee the circulation conditions as specified;

b) business establishments does not guarantee one of the technical requirements, equipment, business processes and other prescribed standards or in the course of business activities not done or done improperly, not full of business conditions of goods and business services have the prescribed conditions;

c) improper business content recorded in the certificate of the eligible business is granted;

d) Not done right the other related regulations when trading goods, business services.

4. A fine of 5,000,000 3,000,000 Dong to Dong for one of the following behaviors: a) Hired or lent the certificate of eligibility of other traders in business or practice of others to trade goods, conditional business services;

b) business goods and services in the business category condition without the certificate of eligible business due to State administration authorities or a certificate of practice under the rules;

c) continue operations when was the State Agency has the authority deprived of the right to use or withdraw the certificate of eligible business, professional or qualified certificate has expired.

5. A fine of twice the level of the fines prescribed from clause 1 to clause 4 of this Article if the violation is of the individual, organization of production, processing, machining, fabrication, reprocessing, sorting, Assembly, transfer, loading, packaging, importing goods, business services.

6. additional sanctions and remedial measures: a) the Forced destruction of goods does not assure the prevention of fire, explosion, sanitation, the environment, affect human health, animals, plants for violating the provisions of art. 3 of this article. The case cannot be destroyed or forced to measure individual, held in violation do not perform destroy, then confiscated to destroyed as prescribed;

b) deprived of the right to use the qualified certificate, certificate of business practice to one year for violation of the provisions of paragraph 1, paragraph 3 and paragraph 4 a score of this in the case of violation or re-offending.

7. in case of administrative violation of business conditions of goods and services that have been defined in the Decree of the Government on sanctioning administrative violations in the field of specialization, then sanctions as stipulated in the Decree.

Article 22. Penalizing business behavior smuggled goods 1. Caution or a fine of 300,000 to 500,000 Dong Dong from for business behavior smuggled goods worth up to 5,000,000 đồng.

2. A fine of from 500,000 to 1,000,000 VND VND for violations of the provisions of paragraph 1 of this article has value from the same 5,000,000 to 10,000,000.

3. A fine of from 1,000,000 to 2,000,000 VND VND for violations of the provisions of paragraph 1 of this article has value from copper to copper 20,000,000 10,000,000 over.

4. A fine of 2,000,000 VND to 3,000,000 đồng for violations of the provisions of paragraph 1 of this article has value from copper to copper 30,000,000 20,000,000 on.

5. A fine from 5,000,000 to copper copper 3,000,000 for violations of the provisions of paragraph 1 of this article has value from copper to copper 50,000,000 30,000,000 on

6. A fine from 5,000,000 to 7,000,000 Council Council for violations of the provisions of paragraph 1 of this article has value from copper to copper 70,000,000 50,000,000 on.

7. A fine from 10,000,000 to copper copper 7,000,000 for violations of the provisions of paragraph 1 of this article has value from on board to Board 100,000,000 70,000,000.

8. A fine of twice the level of the fines prescribed from clause 1 to clause 7 this Thing for one of the following cases: a) smuggled goods in the list of goods prohibited importation or suspended;

b) violation is of the individual, the organization directly importing such goods.

9. The fines prescribed from clause 1 to clause 8 this also applies with regard to sanctions: a) means of transport or transport operator acts knowingly transporting smuggled goods;

b) warehouse, Miami, houses harboring deliberate behavior, hiding smuggled goods;

c) individual, business organization services goods acts intentionally smuggled goods.

10. Cases of smuggled goods in the list of goods banned business sanctions as stipulated in article 18 of this Decree.

11. additional sanctions and remedial measures: a) forced the destruction of goods, materials and products harmful to human health, animals, plants, the environment, toys harmful to education and children's health, personality, culture products toxic to violate the provisions of this Article. The case cannot be destroyed or forced to measure individual, held in violation do not perform destroy, then confiscated to destroyed as prescribed;

b) confiscated smuggled goods for violation of the provisions of this Article, except where already applied measures stipulated in art. 11 of this;

c) confiscated transport goods smuggled for violation of at point a and point c of paragraph 9 of this Article if one of the following cases: smuggled goods valued at over 70,000,000; repeat infringers or re-offending; use of non-controlled sea transport it or control sea means not by the State administration authorities; behaving evade or hinder the implementation of the public service, except in the case prescribed in clause 2 article 17 Ordinance on handling administrative violations and item 2 article 12, Decree No. 134/2003/ND-CP on November 14, 2003 detailing the Government's implementation of some articles of the Ordinance on handling administrative violations.

Article 23. Violating regulations on labeling of goods 1. For one of the commodity business behavior labeled (including extra label) hidden, torn, faded can't read the contents required on the label of the goods or business goods labeled presented no rules on how to write, the language used on the label of goods sanctioned as follows : a) caution or a fine from 50,000 to 100,000 Dong VND if violating labeled goods valued up to 5,000,000;

b) fines from 100,000 to 200,000 VND VND if violating labeled goods valued at over 10,000,000 5,000,000 copper to copper;

c) fine from 200,000 to 500,000 VND VND if violating labeled goods valued at over 10,000,000 VND to 20,000,000;

d) fine from 500,000 to 1,000,000 VND VND if violating labeled goods valued over 20,000,000 30,000,000 to the Council;

DD) fine from 1,000,000 to 3,000,000 đồng VND if violating-labeled goods valued over 30,000,000 VND to 50,000,000;

e) fine from 5,000,000 3,000,000 Dong to Council if the goods are labeled in violation of value from the same 50,000,000 to 70,000,000;

g) fine from 5,000,000 VND to 10,000,000 VND if violating labeled goods valued over 70,000,000 Council to 100,000,000 đồng.


2. for one of the business behavior of goods labeled (including extra label) or document attached is not enough recording the content required by the regulations or the import goods business has the original label in a foreign language without extra label by South Vietnamese under the provisions sanctioned as follows : a) caution or a fine from 100,000 to 200,000 VND VND if violating labeled goods valued up to 5,000,000;

b) fine from 200,000 to 500,000 VND VND if violating labeled goods valued at over 10,000,000 5,000,000 copper to copper;

c) fine from 500,000 to 1,000,000 VND VND if violating labeled goods valued at over 10,000,000 VND to 20,000,000;

d) fine from 1,000,000 to 2,000,000 VND VND if violating-labeled goods valued over 20,000,000 30,000,000 to the Council;

DD) a fine of 2,000,000 VND to 5,000,000 VND if violating labeled goods valued over 30,000,000 VND to 50,000,000;

e) fine from 5,000,000 VND to 10,000,000 VND if violating labeled goods valued over 50,000,000 copper to 70,000,000;

g) fine from 10,000,000 to 15,000,000 VND VND if violating labeled goods valued over 70,000,000 Council to 100,000,000 đồng.

3. for one of the acts on the label goods business has content not required as pictures, drawings, letters, signs of quality, quality standards, quality logo, barcode, medals, prizes and other optional information not true; trading goods on the label have the mandatory content attribution are not true to the reality of the goods or does not meet the content quality; business goods have labels (including the original label or the label of the imported goods) are erasing, fix falsify information about goods sanctioned as follows: a) caution or a fine from 200,000 to 500,000 VND VND if violating labeled goods valued up to 5,000,000;

b) fine from 500,000 to 1,000,000 VND VND if violating labeled goods valued at over 10,000,000 5,000,000 copper to copper;

c) fine from 1,000,000 to 2,000,000 VND VND if violating-labeled goods valued at over 10,000,000 VND to 20,000,000;

d) fine from 5,000,000 VND 2,000,000 VND to if the goods are labeled in violation of value from copper to 30,000,000 20,000,000 on;

DD) fine from 5,000,000 VND to 10,000,000 VND if violating labeled goods valued over 30,000,000 VND to 50,000,000;

e) fine from 10,000,000 to 15,000,000 VND VND if violating labeled goods valued over 50,000,000 copper to 70,000,000;

g) fine from copper to 20,000,000 15,000,000 VND if violating labeled goods valued over 70,000,000 Council to 100,000,000 đồng.

4. for business behavior of prescribed goods are labeled goods without labeling of goods sanctioned as follows: a) caution or a fine of from 500,000 to 1,000,000 VND VND if violating labeled goods valued up to 5,000,000;

b) fine from 1,000,000 to 2,000,000 VND VND if violating-labeled goods valued at over 10,000,000 5,000,000 copper to copper;

c) fine from 5,000,000 VND 2,000,000 VND to if the goods are labeled in violation of value from copper to 10,000,000 20,000,000 on;

d) fine from 5,000,000 VND to 10,000,000 VND if violating labeled goods valued over 20,000,000 30,000,000 to the Council;

DD) fine from 10,000,000 to 15,000,000 VND VND if violating labeled goods valued over 30,000,000 VND to 50,000,000;

e) fine from copper to 20,000,000 15,000,000 VND if violating labeled goods valued over 50,000,000 copper to 70,000,000;

g) fine from copper to 20,000,000 30,000,000 VND if violating labeled goods valued over 70,000,000 Council to 100,000,000 đồng.

5. A fine of twice the level of the fines prescribed from clause 1 to clause 4 of this Article for one of the following cases: a) infringing on the label the goods as of the foodstuffs, smoking prevention and cure for humans, veterinary medicines, fertilizers, livestock feed, plant protection drugs , plant varieties;

b) label violations are of individuals, organization of production, processing, machining, manufacturing, recycling, transfer, loading, packaging, Assembly, import goods.

6. With regard to the behaviour of business goods expired using the sanction according to the provisions of article 26 of this Decree.

7. With regard to the behaviour of business goods counterfeit goods labels, packaging of goods specified in point b of paragraph 8 of article 3 of this Decree shall sanction according to the provisions in article 24 of this Decree.

8. With regard to the behaviour of business goods counterfeit trademarks, geographical indications and protection of goods is manufactured copies without permission of the owner of copyright or related rights specified in point c of paragraph 8 of article 3 of this Decree shall apply the provisions on sanctioning administrative violations in the field of connection state management the view.

9. additional sanctions and remedial measures: a) Forced to suspend the circulation of goods labeled in violation for violating rules from clause 1 to clause 5 of this Article;

b) Compels traders manufactured, assembled, processed, imported goods repossessed goods labeled in violation and remedy the breach of the label of the goods before the goods are brought out of circulation for the violation from paragraph 1 to paragraph 5 of this Article;

c) forced the destruction of goods is not guaranteed to be safe for human use, livestock, crops, affecting the environment, the environment for the violation from clause 1 to clause 5 of this Article. The case cannot be destroyed or forced to measure individual, held in violation do not perform destroy, then confiscated to destroyed as prescribed.

Article 24. Penalizing customers behavior 1. Caution or a fine of 300,000 to 500,000 Dong Dong from for business behavior False value to 1,000,000.

2. A fine of from 500,000 to 1,000,000 VND 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

3. A fine of from 1,000,000 to 2,000,000 VND VND for violations of the provisions of paragraph 1 of this article has value from copper to copper 5,000,000 3,000,000 over.

4. A fine of 2,000,000 to 5,000,000 đồng VND from 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 5,000,000 VND to 10,000,000 VND for violations of the provisions of paragraph 1 of this article has value to 10,000,000 20,000,000. from above

6. 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 on 20,000,000 30,000,000 to under contract.

7. A fine of twice the level of the fines prescribed from clause 1 to clause 6 this for one of the following cases: a) is the violation of individual, organization of production, processing, machining, Assembly, recycling, manipulating, sorting, packing, loading, transfer and import counterfeit goods;

b) counterfeiting is food, smoking prevention and cure for humans, veterinary drugs, cosmetics, fertilizers, steel, cement, animal feed, medicines and plant protection, seed, livestock breeds.

8. With regard to the behaviour of business goods counterfeit trademarks, geographical indications are protected, of goods is manufactured copies without permission of the owner of copyright or related rights specified in point c of paragraph 8 of article 3 of this Decree shall apply the provisions on sanctioning administrative violations in the field of management of the State concerned.

9. additional sanctions and remedial measures: a) forced the destruction of counterfeit goods has no use value, uses, does not ensure safety of use, be harmful to the health of people, production, livestock, crops, environment, environmental regulation violations in this article. The case cannot be destroyed or forced to measure individual, held in violation do not perform destroy, then confiscated to destroyed as prescribed;

b) Forcibly remove spurious elements on the label or the packaging of goods for violation of the provisions of this Article if not in the case of application of the measures stipulated in art. 9 of this Article. Could not remove the case was forged elements on the label or packaging of goods or personal, held in violation does not make the removal then seized for disposal according to the regulations;

c) confiscated exhibits, the means used to make the fake goods for violations specified in art. 7 of this.

Article 25. Sanctions for acts of business stamps, labels, fake goods packaging 1. For business behavior to the types of stamps, labels, fake goods packaging specified in point d of paragraph 8 of article 3 of this Decree sanctioned as follows: a) caution or a fine from 50,000 to 100,000 Dong Dong if the stamps, labels, packaging of fake goods have the number to 100 the, the, the or the equivalent unit (hereinafter referred to as units);

b) fine from 100,000 to 500,000 Dong Dong if the stamps, labels, packaging of fake goods in number from 100 to 500 units on the unit;

c) fine from 500,000 to 1,000,000 copper copper if stamps, labels, fake goods packaging in number from 500 to 1,000 units on the unit;

d) fine from 1,000,000 to 2,000,000 VND VND if stamps, labels, fake goods packaging in number from 1,000 to 2,000 units on the unit;

DD) a fine of 5,000,000 VND 2,000,000 VND to if the stamps, labels, fake goods packaging in number from 2,000 to 3,000 units units;

e) fine from 5,000,000 VND to 10,000,000 contract if the stamps, labels, packaging of fake goods in number from 3,000 to 5,000 units on the unit;

g) fine from 10,000,000 20,000,000 to copper copper if stamps, labels, fake goods packaging in number from 5,000 to 10,000 units on unit;

h) fine from copper to copper 30,000,000 20,000,000 if the stamps, labels, packaging of fake goods have on the number of 10,000 units.

2. A fine of twice the level of the fines prescribed in clause 1 of this article for one of the following cases:


a) Stamps, labels, packaging of goods foodstuffs, medicine and healing for people, cosmetics, veterinary drugs, fertilizers, steel, cement, animal feed, medicines and plant protection, seed, livestock breeds;

b) violation is of the individual, organization or import stamps, labels, packaging of goods.

3. additional sanctions and remedial measures: a) the Forced destruction of the types of stamps, labels, packaging of goods for violation of the provisions of this Article. The case cannot be destroyed or forced to measure individual, held in violation do not perform destroy, then confiscated to destroyed as prescribed;

b) confiscated exhibits, the media was used as postage stamps, labels, packaging of goods for violations specified in point b of paragraph 2 of this Article.

Article 26. Sanctioning the behavior of business goods overdue use 1. Caution or a fine from 200,000 to 500,000 Dong Dong for one of the following acts worth of goods to fellow: a 1,000,000) sales of goods has expired guitar on goods labels or packaging goods;

b the switch, change the label) of goods, packaging of goods or erasing, fix the time limit for use on the label of the goods, packaging of goods goods has expired or about to expire use to prolong the duration of use of the goods.

2. A fine of from 500,000 to 1,000,000 VND VND for one of the acts specified in paragraph 1 of this article has value goods from 1,000,000 to 3,000,000 dong. Council on

3. A fine of from 1,000,000 to 2,000,000 VND VND for one of the acts specified in paragraph 1 of this article has value goods from copper to 5,000,000 3,000,000 on the Council.

4. A fine of 2,000,000 to 5,000,000 đồng VND from for one of the acts specified in paragraph 1 of this article worth of goods from the same 5,000,000 to 10,000,000.

5. A fine from 5,000,000 VND to 10,000,000 VND for one of the acts specified in paragraph 1 of this article has value goods from copper to 10,000,000 20,000,000 on copper.

6. Fine from 10,000,000 VND to 20,000,000 Board for one of the acts specified in paragraph 1 of this article has value goods from copper to 30,000,000 20,000,000 on copper.

7. Fine fellow to 20,000,000 30,000,000 VND for one of the acts specified in paragraph 1 of this article has value goods on the same 30,000,000.

8. A fine of twice the level of the fines prescribed from clause 1 to clause 7 this Thing for one of the following cases: a) is the violation of individual, organization of production, processing, machining, manufacturing, recycling, Assembly, packaging, import of goods;

b) of goods in violation of the food, the medicine is prevention and cure for humans, veterinary drugs, cosmetics, fertilizers, steel, cement, animal feed, medicines and plant protection, seed, livestock breeds.

9. additional sanctions and remedial measures: a) forced the suspension of traffic, forcing the withdrawal of goods have labels or packaging wrong about the time limit for use of the goods are circulated in the market for infringement of the provisions of this Article;

b) forced the destruction of goods for violation of the provisions of this Article. The case cannot be destroyed or forced to measure individual, held in violation do not perform destroy, then confiscated to destroyed as prescribed.

Article 27. Violating the rules of dealing with clients, consumers 1. Caution or a fine from 100,000 to 500,000 Dong Dong for one of the following behaviors: a) Has words, actions, attitude offended customers, consumers when selling, provision of services;

b) Not compensated, return the money or in Exchange for goods, services to clients, the consumers by mistake;

c) fraud, swapping goods and services worth 500,000 under contract when delivered, provision of services to customers, consumers;

d) No compensation, refund or exchange of goods, services to clients, the consumers due to the fraudulent goods, the switch hitting, valuable services below 500,000 VND.

2. A fine of from 500,000 to 1,000,000 VND VND for one of the following behaviors: a) Have speech or act to provide false information, lack of honesty to customers, consumer goods, business services;

b) does not provide sufficient information for the consumer, consumers in case the goods are defective or potentially dangerous when used;

c) have the words, actions, attitude to force customers when purchasing goods and services.

3. A fine of from 1,000,000 to 2,000,000 VND VND for one of the following behaviors: a) arbitrarily remove back packaging, accessories, replacement parts, promotion, technical documents and instructions for use accompany when sales, to provide services;

b) does not make the product warranty, service in accordance to the warranty or the warranty published within the time limit was announced;

c) cause difficulties, obstacles for customers, consumers of the goods, the warranty service.

4. A fine of twice the level of the fines stipulated in paragraph 3 of this article in the case of goods transaction value from 5,000,000 to 20,000,000. Council on

5. A fine of three times the level of penalties prescribed in paragraph 3 of this article in the case of goods transaction value from copper to copper 50,000,000 20,000,000 on.

6. A fine of four times the level of penalties prescribed in paragraph 3 of this article in the case of goods transactions valued over 50,000,000.

7. remedial measures: a) Forced to apologize for the customer violates the provisions of point a and point c paragraph 1 paragraph 2 of this Article;

b) Forced to compensate, pay back the money or in Exchange for goods, services to clients, the consumers for violations specified in point b, point c and a d clause 1 of this article;

c) Forced return packaging, accessories, replacement parts, promotion, technical documents and instructions for use accompany when sales, service providers for infringing the provisions of art. 3, in clause 4, clause 5 and clause 6 of this Article;

d) enforce product warranty, service for violation of the provisions of point b and point c of paragraph 3 of this article.

Article 28. Sanctions against administrative violations in trade activities with the other administrative violations in trade measurement goods, the quality of goods and services; safety, food hygiene; invoices, vouchers for the sale of goods, provision of services; prices, prices of goods and services; unfair competition; infringe the intellectual property rights shall apply the provisions sanctioning administrative violations in the field of management of the State concerned.

Item 4 in VIOLATION of REGULATIONS on Trade PROMOTION ACTIVITIES 29. Violating the rules on promotion 1. Caution or a fine from 100,000 to 300,000 Dong Dong for one of the following behaviors: a) require clients to make any payment obligations when doing promotions in the form of giving samples, sample service supply to customers to try it;

b) Rent or get done promotional services without written contracts or by other forms of legal value equivalent.

2. A fine of 1,000,000 to 3,000,000 đồng VND for one of the following behaviors: a) do not report publicly the information prescribed or not done right the way promotion notification must publicly under the rules when a promotional organization;

b) Not confirmed exactly timely, customer's participation in frequent flyer programs.

3. A fine of 5,000,000 3,000,000 Dong to Dong for personal commercial activities independently, often not prescribed business registration if do one of the following behaviors: a) the sales organization, providing services that accompanied the vote contest for customers to select the award;

b) sales organizations, provision of services attached to the innovative promotion luck;

c) organized the regular customers.

4. A fine of 5,000,000 VND to 10,000,000 VND for one of the following behaviors: a) held promotions in the form of discounts for a kind of trademark, service that has a total duration exceed 90 days in a year or a promotion that exceed 45 days;

b) promotional program organized by sales, provision of services with the promotion brings luck for a kind of trademark, services that have total time exceeds 180 days in a year or a promotion in excess of 90 days;

c) held that the promotion of material values used for promos for a unit of goods exceeds 50% of the value of the goods, promotional services ahead of time, except in cases of promotion by the form is permitted by law;

d) held the promotion that the total value of goods and services used for promos that traders made in a promotional program that exceeds 50% of the total value of goods and services promotion, except by putting promotion samples, sample service supply to customers to try not to pay;

DD) Organization of promotional programs that maximum discount level for goods, promotional services in excess of 50% of the goods and services that immediately before the promotional period;

e) use Lottery bonus projections form similar to the lottery ticket by the State monopoly of release or use of State Lottery results to do the results determine the winners;

g) organize promotional form prescribed to register without registering with the State Agency has the authority in the prescribed time limit or subscription content, not full as specified or yet to be confirmed in writing by the State Management Agency of competent jurisdiction;

h) organized a promotion without notice in writing about promotions or not send report about results winners to State administration authorities within the prescribed time limit;


I) does not guarantee favorable conditions for clients winners receive awards or not clearly resolved, quickly to complaints related to the promotion.

5. A fine from 10,000,000 to 15,000,000 VND VND for one of the following behaviors: a) Not fully record the required content as specified on the voucher, the voucher to use the service; vote for competition; Lottery prize project; the customer card, the votes recorded the purchase of goods and services used in the promotion;

b) Not held publicly opening bonus promotions with luck or not according to the rules published with or without the presence of the customer;

c) organized the contest and prize is not publicly available, without the presence of representatives of customers, not to notify State regulators had the authority hosted the contest, prize when making a sales promotion, the provision of services with the vote contest for customers to select the award;

d) Not held contest and awarded according to the rules or the contest and award organizations not announced when done promotions in the form of sales, provision of services has accompanied the vote contest for customers to select the award;

DD) did not inform the State administration authority on time, location do give prizes to the evidence the goods in case the winners are determined on the basis of proof of the prize accompanied goods;

e) No public notice the result win on at least one of the mass media in the province, the central city where the organization or promotion at points of sale in the promotion when the promotion in the form of sales, provision of services to attend its programs.

6. Fine fellow to 20,000,000 15,000,000 VND for one of the following behaviors: a) prize before the cancellation of the planned number of reward tickets are not yet released;

b) promotion in the form of discounts to sell goods, provide services that reduce the price down below the minimum price in case the sale price of the goods, the provision of services in the State has regulated framework or minimum price regulations;

c) promotion in the form of discounts on sale of goods, provision of services for the selling price of goods and services in an State regulations for specific prices.

7. Fine fellow to 20,000,000 25,000,000 Council for one of the following behaviors: a) do not make, perform or delaying the performance of promotional commitments were publicized, notification or registration with the State Management Agency of competent jurisdiction;

b) does not make the State budget excerpt or not reported in writing to the governing bodies of the competent State within the time limit specified on the processing value of awards don't have the winners after the expiry of the award when done promotions in the form of sales , the provision of services to join the program with luck;

c) terminated the implementation of promotions ahead of time already published or were State administration authorities confirmed except in cases permitted by law and have to fulfill the conditions prescribed.

8. Fine fellow to 25,000,000 30,000,000 VND for one of the following behaviors: a) the content of the test program or use the vote contest to select the award according to the rules and prizes were announced, the form content contrary to historical tradition, culture, ethics Customs, Vietnam;

b) promotions for goods and services prohibited trading, trading restrictions, goods not allowed, not allowed to offer services and poor quality goods;

c) used goods and services used for promotional goods, banning business services, business restrictions, goods not allowed, not allowed to offer services and poor quality goods;

d) promotion or use of tobacco, alcohol has an alcohol content of from 30 degrees upward to a promotion in any form;

promotional) or use alcohol, beer to promotions for people under 18 years old;

e) Used medicines for people (including the drugs has allowed) to promotion;

g) promotional organization at the headquarters of the State administration, schools, hospitals, political organization, social-political organizations, the people's armed units;

h) made promotional forms outside of the form of promotion in accordance with the law without the approval of the State administration authorities.

9. A fine of twice the level of the fines prescribed from clause 1 to clause 8 this if violations are made from two provinces and cities under central.

10. With regard to the violation of unfair competition promotion shall apply the rules of competition law to sanction.

11. additional sanctions and remedial measures: a) the Forced destruction of prohibited goods business, the goods have not been allowed to circulate, poor quality goods for violation of the provisions in point c of paragraph 8 of this Article. The case cannot be destroyed or forced to measure individual, held in violation do not perform destroy, then confiscated to destroyed as prescribed;

b) forced the cancellation of the results has been open and opening the Organization rewarded again for violation of the provisions of paragraph 4, point e point b, c, d paragraph 5 and art. 6 of this Article;

c) forced the withdrawal and destruction of the contents of the program for competition or contest ballot forms, content contrary to historical tradition, culture, ethics, customs Vietnam for violating the provisions of art. 8 of this Article;

d) Forced to announce publicly the result prescribed prizes for violation of the provisions of point 5 of this paragraph e;

DD) confiscated goods, exhibits are used to perform promotional acts for violation of the provisions of points d, e and DD account point 8 of this Article.

Article 30. Violate the rules of fair trade exhibition, 1. A fine from 5,000,000 to copper copper 3,000,000 for one of the following behaviors: a) dishonest Declaration, not exactly the content of the registration records held fairs, exhibitions;

b) not listing topics, time to conduct fair, trade exhibition in the fair venue, trade show that before the opening of the Expo, the trade show;

c) is not reported in writing to State administration authorities within the rules of the fair Organization results, exhibitor after the end of the fair, the exhibition in the country or abroad;

d) change, additional content was registered when the fair Organization, commercial exhibition in Vietnam without notice in writing to the management bodies of State authority in the prescribed time or have not been certified by the State administration authority on changing supplement the registered content.

2. A fine of 5,000,000 VND to 10,000,000 VND for one of the following behaviors: a) change, additional content registered when organizing fairs, trade exhibitions abroad without notice in writing to the State Agency has the authority in the prescribed time or have not been certified by the State administration authority on the change, additional content already registered;

b) exhibiting imitation infringe the intellectual property rights to compare with the real thing without the approval of the State Agency has the authority under the regulations;

c) exhibiting imitation infringe the intellectual property rights to compare with the real goods that has not been the State Agency has the authority to confirm it is imitation infringe intellectual property rights;

d) exhibiting imitation infringing intellectual property rights without explicitly listing the goods it is imitation infringe intellectual property rights;

DD) on display at the fair, trade goods, and services in the catalog business, prohibition of business restrictions, goods cannot or is not allowed to circulate, yet allowed provision of service in Vietnam or the goods does not guarantee the standard of quality, safety, food hygiene, expired;

e) on display at the fair, the exhibition trade in goods in the import prohibition list;

g) exhibited at the fair, the exhibition of goods (including goods temporarily imported for display, introduced at the fair, the exhibition) had no label goods or goods not properly labeled regulated by legislation on goods labels;

h) Not make re-export goods imported temporarily for participation in the fair, the exhibition in Vietnam after the end of the fair, the exhibition within the prescribed time limit.

3. A fine from 10,000,000 VND to 20,000,000 Board for one of the following behaviors: a) organize fairs, exhibitions that didn't register with the State Agency has the authority under the regulations or State Agency has the authority to confirm in writing the registration fair exhibitions;

b) organised for traders, individuals, organizations, fair trade exhibition abroad which do not register with the State Agency has the authority or the registration confirmation in writing of State administration authorities;

c) use the name, the theme of the Expo have words that promote quality, the title of the goods, services or reputation, the merchant's titles, organizations, individuals involved in the Expo which has no evidence to prove the quality of titles, the goods, services or reputation , the title of traders, institutions and individuals;

d) Grant Awards, quality certificate, the title of the goods, services or reputation, the title of traders, organizations or individuals involved in the Expo not correct provisions of the law.

4. A fine of 20,000,000 30,000,000 VND to Board for one of the following behaviors: a) foreign traders to directly organize the fair, trade show in Vietnam;


b) Sold, donated goods temporarily imported for display at fairs, commercial exhibition without the consent in writing of the State Management Agency of competent jurisdiction;

c) sell, donate goods temporarily exported to join the fair trade exhibition abroad in an export must have the license of the State Management Agency of competent jurisdiction or in an export prohibition without the written consent of the governing body of the competent State;

d) unauthorized consumption in Vietnam market goods imported temporarily to join the fair trade exhibition.

5. A fine of twice the level of the fines was prescribed for acts specified in point a and point b paragraph 3 of this article if the violation is of a business organization services, fair trade exhibition.

6. The violation of traffic regulations, trading goods and services at the Expo, the trade show held in Vietnam shall sanction according to related regulations in this Decree.

7. additional sanctions and remedial measures: a) seized prohibited goods business, the goods do not or have not been allowed to circulate in Vietnam, prohibit the importation of goods for violation of the provisions of point e point-and requ item 2 of this Article;

b) Forced to destroy counterfeit goods do not ensure quality standards, safety, food hygiene, expired for violating the provisions in points b, c, d and DD account point 2 of this Article. The case cannot be destroyed or forced to measure individual, held in violation do not perform destroy, then confiscated to destroyed as prescribed;

c) forced the re-export of goods for violation of at point h paragraph 2 this authority within the time limit prescribed sanctions. The case has forced commodity which appeared in no time, the seizure of goods;

d) confiscated exhibits or sales amount is obtained by performing administrative violations for violating the provisions in points b, c and d of this paragraph 4.

Article 31. Violation of regulations regarding exhibits, goods, service introduction 1. A fine from 1,000,000 to 5,000,000 đồng VND for one of the following behaviors: a) display, introduce the goods no goods labels or the labels of the goods are not properly regulated;

b) display, introduce incorrect samples with the goods are about business models, quality, packaging, uses, designs, types, prices, warranty period;

c) display, introduce goods, services of other traders to compare with their goods, unless the goods brought the comparison is false, the row violating intellectual property rights according to the regulations.

2. A fine of 5,000,000 VND to 10,000,000 VND for one of the following behaviors: a), introduced the goods and services in the categories of goods and services prohibited business, goods are not or have not been allowed to circulate, yet allowed provision of service in Vietnam, the goods do not ensure quality standards announced , the goods do not ensure safety, food hygiene, expired goods;

b) display, introduce goods import prohibition list;

c) Not re-export the goods temporarily imported for display, introduced after the end of the display, introduced in the prescribed time limit.

3. A fine from 10,000,000 VND to 20,000,000 Board for one of the following violations: a) display, introduced the goods, services or using forms, means of introduction, showcasing goods and services prejudice to national security, order, safety, social, landscape, environment, human health;

b) display, introduced the goods, services or use the forms, the media exhibited, introduced contrary to history, culture, ethics, customs Vietnam;

c) display, introduce goods, services expose national secrets;

d) unauthorized consumption of goods temporarily imported for display, introduction.

4. additional sanctions and remedial measures: a) seized prohibited goods business, the goods do not or have not been allowed to circulate in Vietnam, prohibit the importation of goods for violation of the provisions of point a and point b of paragraph 2 of this article, if not in the case of application of the measures specified in paragraph 4 of this DD points;

b) confiscated exhibits, means of violating for violating the provisions in point a, point b and point c of paragraph 3 of this article;

c) confiscated exhibits or sales amount is obtained by performing administrative violations for violations specified in point d of paragraph 3 of this article;

d) forced the re-export of goods for violation of at point c of paragraph 2 of this Article within the authority sanction regulations. The case has forced commodity which appeared in no time, the seizure of goods;

DD) forced the destruction of goods does not guarantee the standard of quality, safety, food hygiene, expired for breach of specified in point a and point b paragraph 2 of this Article. The case cannot be destroyed or forced to measure individual, held in violation do not perform destroy, then confiscated to destroyed as prescribed.

Article 32. Sanctioning administrative violations on commercials for administrative violations of commercial advertising shall apply the provisions sanctioning administrative violations in the field of management of the State concerned.

Section 5 VIOLATED REGULATIONS on exports, IMPORTS of GOODS and SERVICES RELATED to EXPORT, import of GOODS Article 33. Breach of rules on goods banned banned exports, imports or suspend exports, imports of 1. A fine from 10,000,000 to 15,000,000 copper copper for export behavior, import the goods in an export suspension, suspension of imports without the written permission of State administration authorities.

2. A fine of up to 20,000,000 15,000,000 VND VND for export behavior, import the goods in the categories export or import prohibited without the written permission of State administration authorities.

3. additional sanctions and remedial measures: a) the Forced destruction of goods harmful to human health, environmental pollution, spread of disease for violation of the provisions of this Article. The case cannot be destroyed or forced to measure individual, held in violation do not perform destroy, then confiscated to destroyed as prescribed;

b) confiscated goods for violation of the provisions of this Article if not in the case of application of the measures stipulated in art. 3 of this article.

Article 34. Violating the rules on quotas, export licence, import licences 1. A fine from 5,000,000 VND to 10,000,000 VND for acts arbitrarily erasing, repairs, additions, change content quotas, export licence, import license.

2. A fine from 10,000,000 to 15,000,000 VND VND for fake behavior, unauthorized use of quotas, export licence, import license.

3. A fine fellow to fellow 20,000,000 15,000,000 words for export behavior, import the goods without quotas, export licence, import license under the regulations.

4. additional sanctions and remedial measures: a) pressed out of the territory of Vietnam at the gate import or export suspension for violation of the provisions of paragraph 3 of this article;

b) forced the destruction of goods harmful to people, the environment, the spread of disease for violation of the provisions of paragraph 3 of this article. The case cannot be destroyed or forced to measure individual, held in violation do not perform destroy, then confiscated to destroyed as prescribed.

Article 35. Violation of regulations on the export mandate, imported goods 1. A fine from 10,000,000 VND to 20,000,000 Board for one of the following behaviors: a) the trustee or receiver-mandated export, import of goods in the list of goods banned for export, the export suspension, banning imports, suspended imports;

b) trustees or entrusted to export, import of goods belonging to the category of goods export, import conditions but both mandated and entrusted party are no quotas or export licenses, import of State administration authorities.

2. remedial measures: Forcing taken out of Vietnam territory at the gate import or export suspension for violation of the provisions in paragraph 1 of this article.

Article 36. Violation of rules of origin, temporary entry-temporary export-import goods re 1. A fine from 5,000,000 VND to 10,000,000 VND for one of the following behaviors: a Temporary import-re-export), temporarily export-re-enter the specified item must have a permit of the State Management Agency of competent jurisdiction without a licence under the regulations;

b) Not re-export the goods was too was due to re-export;

c Temporary import-re-export) the goods are not properly prescribed gate.

2. A fine from 10,000,000 20,000,000 to copper copper for temporary business entry behavior-re-export goods in an suspended trading temporarily under import-re-export.

3. additional sanctions and remedial measures: a) forced the re-export of goods or temporary suspension of import-re-export for violating the provisions of art. 1 and clause 2 of this Thing;

b) forced the re-export of goods for violation of at point b paragraph 1 of this article within the authority sanction regulations. The case forced the re-export of goods which do not re-export the goods within the time limit stated on the confiscated goods;

c) Forced to temporarily import-re-export the goods properly regulated gate or temporary suspension of import-re-export of goods for violation of the provisions in point c of paragraph 1 of this article.

Article 37. Violating the rules of transfer of goods 1. A fine from 5,000,000 VND to 10,000,000 VND for one of the following behaviors: a) the transfer is not correct type or exceed the amount of goods that have been specified in the licence by the State administration authorities;

b) transfer the goods incorrectly prescribed gate.

2. A fine from 10,000,000 VND to 20,000,000 Board for one of the following behaviors:


a) transfer of goods pursuant to a permit of the State Management Agency of competent jurisdiction without a license;

b) business transfer goods in an entrepreneurial manner the pause switch password.

3. the remedial measures: a) pressed out of the territory of Vietnam at the gate to enter or transfer of goods for violation of the provisions of art. 2 of this Thing;

b) forced the transfer of goods properly regulated gate or suspension of transfer of goods for violation of specified in point b of paragraph 1 of this article;

c) confiscated goods transshipped incorrect categories, beyond the number allowed to transfer goods or suspend business according to the method of transfer specified in point a and point b paragraph 1 clause 2 of this Thing.

Article 38. Violation of regulations on the transit of goods 1. A fine from 1,000,000 to 5,000,000 đồng VND for the transit of goods acts is not the right route, Gate Transit is allowed, except in cases specified in point a of paragraph 2 of this.

2. A fine of 5,000,000 VND to 10,000,000 VND for one of the following behaviors: a) in transit goods must have a license not correct route, gate allowed transit;

b) goods in transit on the territory of Vietnam too the time limit allowed.

3. A fine from 10,000,000 20,000,000 to copper copper for the transit behavior of prescribed goods must have a permit of the State Management Agency of competent jurisdiction without the license.

4. A fine of 20,000,000 30,000,000 for the copper to copper acts of unauthorized consumption of goods, means of transit on the territory of Vietnam.

5. additional sanctions and remedial measures: a) Forcing the correct goods transit route, gate for violation of the provisions of paragraph 1 and paragraph 2 point a this;

b) Forcibly taken out of the territory of Vietnam at the entry gate for violation of the provisions of paragraph 3 of this article;

c) Forced to transit of goods for violation of specified in point b of paragraph 2 of this Article within the authority sanction regulations. The case has forced the transit goods that are not made in time, the seizure of goods;

d) confiscated goods, transit vehicles or of the proceeds due to the implementation of administrative violations with regard to violation of the provisions of paragraph 4 of this Article.

Article 39. Violation of rules of boutiques, duty-free goods business 1. A fine of 1,000,000 to 3,000,000 đồng VND for duty-free sales behavior too quantitative rules.

2. A fine of 5,000,000 3,000,000 Dong to Dong for duty-free sales behaviour does not object.

3. A fine of 5,000,000 VND to 10,000,000 VND for duty free goods business behavior is incorrect category of registration recorded in the certificate of the qualified business exemption is granted.

4. With regard to the behaviour of business goods at duty-free stores not stamping "Vietnam duty not paid" as defined or sales tax free cigars, cigarettes manufactured from abroad and the goods in an export or import conditions without export licenses, import regulations , sanctioned as follows: a) caution or a fine from 100,000 to 500,000 VND VND in case the value of the goods up to 2,000,000;

b) fine from 500,000 to 1,000,000 copper contract in case of goods value from 2,000,000 to 5,000,000 đồng on;

c) fine from 1,000,000 to 5,000,000 đồng VND in case the value of commodities from copper to 10,000,000 5,000,000 on;

d) fine from 5,000,000 VND to 10,000,000 contract in case the value of commodities from copper to 10,000,000 20,000,000 on;

DD) fine from 10,000,000 to 15,000,000 Board Council in case the value of commodities from copper to 30,000,000 20,000,000 on;

e) fine from copper to copper 20,000,000 15,000,000 in case the value of commodities from copper to 30,000,000 50,000,000 on;

g) fine from copper to 20,000,000 30,000,000 VND in case of goods value above 50,000,000.

5. A fine of 30,000,000 VND to 40,000,000 Council for one of the following behaviors: a) business at the duty free shop goods banned banned exports, imports or suspend export-import;

b) business at the duty free shop goods do not originate in legal imports;

c) unauthorized consumption of domestic market the goods imported for sale in duty free shops.

6. additional sanctions and remedial measures: a) confiscated goods for violation of the provisions of paragraph 4 of point a, point b and paragraph 5 of this Article;

b) confiscated goods or proceeds due to the implementation of administrative violations with regard to violation of the provisions of paragraph 1, paragraph 2 point c and paragraph 5 of this Article.

7. In addition to the application of the sanctions mentioned above, who have the authority to sanction recommendations State Agency has the authority to revoke a certificate of eligibility for the duty-free business in violation prescribed in this violation multiple times or re-offending.

Article 40. Violation of rules of origin of goods exported, imported 1. A fine from 5,000,000 VND to 10,000,000 VND for one of the following behaviors: a) provide the materials, evidence from not true with competent authorities when applying for the certification of origin of goods;

b) arbitrarily erasing, fix the content of certificates of origin issued.

2. A fine from 10,000,000 VND to 20,000,000 Board for one of the following behaviors: a) makes or use certificate of origin of goods;

b) Put fake goods made on the territory of Vietnam;

c) export of goods made in forge.

3. additional sanctions and remedial measures: a) Forced to suspend exports for violating the provisions in point c of paragraph 2 of this Article;

b) forced the destruction of goods harmful to people, the environment, disease spread for the offense specified in point b of paragraph 2 of this Article. The case cannot be destroyed or forced to measure individual, held in violation do not perform destroy, then confiscated to destroyed as prescribed;

c) confiscated goods for violations specified in point b of paragraph 2 of this Article, if not in the case of application of the measures defined in point b of paragraph 3 of this article.

Article 41. Penalizing the other administrative violations of export and import goods and services related to export and import goods for administrative violations of export and import goods, about the exchange of goods over the border by border residents and the services related to export import of goods not specified in this Decree shall apply to the provisions sanctioning administrative violations in the field of management of the State concerned.

Item 6 VIOLATION of REGULATIONS on the COMMERCIAL INTERMEDIARY ACTIVITIES Article 42. Violating regulations on representing injured workers 1. Caution or a fine of 300,000 to 500,000 Dong Dong from for a representative or hire acts as the representative for other traders have no representative contract according to the regulations.

2. A fine of from 500,000 to 1,000,000 copper copper for a representative or hire acts as the representative for other traders which are not prescribed traders.

43 things. Violation of regulations on commercial broker 1. A fine of 300,000 to 500,000 Dong Dong from for individual acts of commercial brokerage business which are not traders as a rule.

2. A fine of from 1,000,000 to 5,000,000 đồng VND for organization of brokerage business behavior that is not commercial traders as a rule.

Article 44. Violating regulations on mandated sale of goods 1. Caution or a fine of 300,000 to 500,000 Dong Dong from for the behavior mandated or trust for the sale of goods contract with no mandated by regulations.

2. A fine of 1,000,000 to 3,000,000 đồng VND for trust behavior for the sale of goods do not match the trades, items recorded in the certificate of business registration.

Article 45. Violation of regulations regarding dealers buying, selling goods and services 1. Caution or a fine of 300,000 to 500,000 Dong Dong from for one of the following behaviors: a) individual behavior agent or agents which are not traders as a rule;

b) traders delivered dealer or agent without a contract agent for the sale of goods and services according to regulations.

2. A fine of 1,000,000 to 3,000,000 đồng VND for the behavior of agents or dealers buying and selling goods and services, not true with trades, items, service record in business registration certificate or business license.

3. A fine of 5,000,000 3,000,000 Dong to Dong for one of the following behaviors: a) the Organization has the behavior of agents or agents which are not traders as a rule;

b delivery agent or lateral Side) as agent for the sale of goods, the service does not guarantee the conditions regulating the delivery agent or agent for the sale of goods and services;

c) do not write or record is not the right name, the logo of the Party Affairs agent on signage at the place of purchase, sales agent or dealer service facility under the rules.

4. A fine of 5,000,000 VND to 10,000,000 VND for one of the following behaviors: a) the business, goods services according to regulations in the form of agents that don't perform or improperly prescribed;

b) dealers buying, selling goods and services not corresponding to the goods or services under a contract agent;

c) nominal fake dealers buying, selling goods and services to business;

d) does not make the right conditions when foreign traders do hire sales agents in foreign countries.

5. A fine of twice the level of the fines is regulated from clause 1 to clause 4 of this Article with respect to the case of the goods dealer, limited service business or business conditions.

6. other violations of trading goods and services in the form of dealer, the sanction according to related regulations in this Decree.

Section 7 VIOLATION of REGULATIONS on OTHER COMMERCIAL ACTIVITIES Article 46. Violation of the regulations on trading in goods auction


1. Caution or a fine of 300,000 to 500,000 Dong Dong from for acts as a service organization to auction the goods without a contract according to the regulations.

2. A fine of 1,000,000 to 3,000,000 đồng VND for one of the following behaviors: a) Make the services held an auction of goods that are not traders as a rule;

b) Not listed, full, exactly the information needed related to auction goods as specified;

c) Not exhibited goods, samples of goods or documents about goods for auction participants to consider.

3. A fine of 5,000,000 3,000,000 Dong to Council for allowing the behavior as a rule not be bidding to join an auction the goods.

4. A fine of 5,000,000 VND to 10,000,000 VND for organizational behavior not auction in the correct sequence, regulatory procedures.

5. A fine from 10,000,000 20,000,000 for copper to copper-buying auction goods acts in collusion, deals with each other to take the shot.

6. The organizational behavior prohibited goods auction sales, the goods were imposed emergency measures ban the circulation, forcing withdrawal or suspension of circulation, imitation expired using the sanction according to related regulations in this Decree.

7. remedial measures: Forcing annulment of the auction result for violation of the provisions of paragraph 3, clause 4 and clause 5 of this Article.

Article 47. Violation of the regulations on business procurement of goods and services 1. A fine of 1,000,000 to 3,000,000 đồng VND for tender notification behavior does not adequately the prescribed content.

2. A fine of 5,000,000 3,000,000 Dong to Dong for acts not established thereon as tendered or content thereon opening bid was not properly regulated.

3. A fine of 5,000,000 VND to 10,000,000 VND for corruption after the tenders have been opened.

4. for violations of procurement of goods, services related to the procurement and use of State capital, then apply the provisions sanctioning administrative violations in the field of management of the State concerned.

5. remedial measures: Forcing annulment of the bidding results for violation of the provisions of paragraph 3 of this article.

Article 48. Violation of the regulations on trading in goods rental The violation of trading goods for lease or rental of goods are prohibited goods business, the goods were imposed emergency measures ban the circulation, forcing withdrawal or suspension of circulation, smuggled goods, counterfeit goods, expired using the sanction according to related regulations in this Decree.

Article 49. Violation of the regulations on business commercial inspection services 1. Caution or a fine of 300,000 to 500,000 Dong Dong from for the authoritative acts of the Executive or authorized leave the assessment without a contract according to the regulations.

2. A fine of 1,000,000 to 3,000,000 đồng VND for the behavior of external assessment service provides registered domains in the business registration certificate or equivalent-value papers according to the regulations.

3. A fine of 5,000,000 3,000,000 Dong to Dong for one of the following behaviors: a) inspection service business doesn't guarantee the prescribed conditions;

b) appointed assessor made commercial inspection services do not ensure the prescribed standards.

4. A fine of 5,000,000 VND to 10,000,000 VND for one of the following behaviors: a) using professional stamp on the deed when the examiners have not registered it with the seal of State management agencies have the authority under the regulations;

b) changes, additional professional seals which do not register with the State Agency has the authority under the regulations;

c) does not return the seal for State administration competent in the case are deleted marked business registration;

d) make commercial inspection services in the case of the assessment that is relevant to the interests of the corporate examiner and examiner's staff.

5. remedial measures: Forcing filed back seal for State administration competent for violations specified in point c of paragraph 4 of this Article.

Article 50. Violation of franchise business 1. Caution or a fine of 300,000 to 500,000 Dong Dong from for franchise behavior without a contract according to the regulations.

2. A fine of 5,000,000 3,000,000 Dong to Dong for one of the following behaviors: a) enumerate dishonest, inaccurate content in the profile registry proposal franchise operations;

b) Not provided, provided incomplete, inaccurate information in franchise activities according to regulations;

c) to provide information, not full of content required in a introduction to the franchise;

d) language and the content of the contract is not the correct franchise rules;

DD) franchise business when not yet eligible under the regulations;

e) do not make a report, providing documents or reports dishonest or full, the problems are related to franchise activities as requested by the governing body of the competent State.

3. A fine of 5,000,000 VND to 10,000,000 VND for one of the following behaviors: a) Not register activities prescribed franchise;

b) did not inform the State administration authority on changes in franchise activities according to regulations.

4. A fine from 10,000,000 VND to 20,000,000 Board for one of the following behaviors: a) franchise business for goods, services, business prohibited goods from being applied emergency measures ban the circulation, forced recovery, suspend the circulation;

b) franchise business for the goods being applied emergency measures conditional or circulation must have a license but do not guarantee the condition or does not have a licence under the regulations;

c) continued the business when the franchise expired term franchise.

5. additional sanctions: seizure of goods for violation of the provisions of art. 4 this.

Article 51. Violation of regulations regarding outsourcing in trade 1. Caution or a fine of 300,000 to 500,000 Dong Dong from for the behavior most recent offshoring or outsourcing of goods received in trade without a contract according to the regulations.

2. A fine of 5,000,000 10,000,000 for copper to copper acts put offshoring or outsourcing to domestic goods received goods and prohibited business, goods were imposed emergency measures ban the circulation, revoked, suspended traffic.

3. A fine from 10,000,000 VND to 20,000,000 Board for one of the following behaviors: a) the Latest offshoring of goods or receiving goods machining with foreign traders in goods exports, imports must have a license that has not been approved by the State Agency has the authority under the regulations;

b) Receiving and processing goods for foreign traders in goods of categories of goods banned for export, all import and export suspension, suspension of imports without the written approval of the State Agency has the authority under the regulations;

c) most recent work overseas goods to domestic consumption goods banned banned exports, imports, export suspension, suspension of imports or goods being applied emergency measures ban the circulation, revoked, suspended or counterfeiting and circulation of goods does not guarantee food safety and hygiene.

4. A fine of 20,000,000 30,000,000 VND to Board for one of the following behaviors: a) consumed in Vietnam market machinery, equipment rent, borrow; raw materials, auxiliary materials, excess supplies, scrap, scrap temporarily imported to perform the work and products of processing of goods for foreign traders are not properly regulated;

b) outsourcing contract with fake foreign traders.

5. additional sanctions: a) confiscated exhibits for violation of the provisions in paragraph 2, paragraph 3 and paragraph 4 of this Article;

b) confiscated proceeds due to the implementation of administrative violation for violations specified in point a of this paragraph 4.

Article 52. Breach of rules on electronic commerce 1. A fine from 5,000,000 VND 2,000,000 VND to for one of the following behaviors: a) copy, disclose, unauthorized move part or all of the electronic documents by other individuals initiated;

b) infringe regulations on providing terms of agreement when conducting e-commerce activities;

c) infringe regulations on use of automated information systems to contracts in electronic commerce.

2. A fine of 5,000,000 VND to 10,000,000 VND for one of the following behaviors: a) to prevent, limit the ability of organizations and individuals in the use of electronic documents, the delivery and execution of contracts by electronic means;

b) prevents, restricts the ability of organizations and individuals in the selection of technology, electronic means to conduct commercial activities;

c) change, delete, cancel in whole or in part without permission from electronics due to other personal organization initiates;

d) compromised, unauthorized interference in information systems used for e-commerce activities of the Organization, the other individual;

DD) does not comply with the provisions of the law on business by electronic means.

3. A fine from 10,000,000 VND to 20,000,000 Board for one of the following behaviors: a) fake, appropriating a portion or all of the electronic documents by other individuals initiated;

b) created, sent, communicated, received, processing of electronic documents to perform the commercial fraud, unfair competition, deceptive or violate the interests of consumers;

c) forge the address information system of the Organization, the other individual to perform commercial activities or activities related to trade;

d) disrupt information systems used for e-commerce activities of the Organization, the other individual.


4. for other violations of information technology applications in commercial activities then sanctions according to the provisions on sanctioning administrative violations in the field of management of the State concerned.

Article 53. Violation of rules of multi-level sales operations 1. Caution or a fine of 300,000 to 500,000 Dong Dong from for people who join multi-level sales has one of the following behaviors: a) does not make rules on the subject are involved multi-level sales;

b) Not present join multi-level sales before introducing the goods or marketing sales;

c) Not fully informed the prescribed content when a sponsor other participants into multi-level sales network.

2. A fine of from 1,000,000 to 2,000,000 VND VND for multi-level sales participants have one of the following behaviors: a) do not comply with the provisions in the rules of operation and sales programs of multi-level sales enterprises have registered with the competent authorities;

b) use an individual involved multi-level sales network to introduce sales activities without stating the name, address, time involved and the profit obtained each States or cannot confirm receipt of the tax agency has tax of that person.

3. A fine of 2,000,000 to 5,000,000 đồng VND from for people who join multi-level sales has one of the following behaviors: a) require the person being sponsored his participation in multi-level sales network charged any fee under the name of the course, training courses, workshops, social activities or other similar activities;

b) deceptive information provider about the benefits of participation in multi-level sales to other participants of the multi-level sales;

c) provides false information about the nature and uses of the goods to another multi-level sales;

d) provide false information about the operation of the business of selling multi level to seduce others involved multi-level sales.

4. A fine of 5,000,000 VND to 10,000,000 VND for multi-level sales enterprises have one of the following behaviors: a) No building or public disclosure rules of the business activities and participants in multi-level sales activities;

b) does not sign a contract in writing with the participants or the contract without a full basic content as prescribed;

c) Not participating card multi-level sales network for participants or grant the card according to the prescribed form;

d) does not provide complete information, the documents prescribed for people who intend to join the multi-level sales network;

DD) infringe regulations on termination of the contract involved multi-level sales;

e) Doesn't make the deduction of personal income tax of participants to submit to the State budget before payment of commissions, bonuses or other economic benefits for the participants;

g) does not notify the participants of the goods in an enterprise not to be acquired before that person to conduct a purchase;

h) did not make the report mode or incomplete report, dishonest, not on time with the State Agency has the authority under the regulations;

I) Don't notice, don't provide full or provide incorrect list of participants multi-level sales before these people deploy sales or developing multi-level sales network outside the central cities, where corporate headquarters for State management bodies under the provisions;

k) do not compensate for consumers or participants in the prescribed cases;

l) does not regularly monitor the operation of participants to ensure participants done the right rules of operation and the sales program of the business;

m) Not trained sales professional training, multi-level, multi-level sales legislation for participants;

n) training participants do not properly training program is registered with the State administration authorities.

5. A fine from 10,000,000 20,000,000 to copper copper for multi-level sales enterprises have one of the following behaviors: a) Withdraw or use of part or all of the deposit are not rules of law except where ã terminate or suspend the multi-level sales operations;

b) refused to pay there is no reason the Commission, bonus or other economic benefits that participants have the right to enjoy;

c) change the content of the program sales that do not do the recommended procedures complement the sales organization registration Paper multi level;

d) did not inform State authorities have jurisdiction where the sales network development when developing the sales network in the province, the central cities in which no business headquartered in accordance;

DD) does not fulfill the obligation is prescribed when the suspension or cessation of activities;

e) knowingly provides false information in the application for granting registration of multi-level sales.

6. Fine fellow to 20,000,000 30,000,000 VND for the multi-level sales enterprise has one of the following behaviors: a multi-level sales organization) when no registration certificate held multi-level sales by State administration authorities;

b) does not make rules on goods allowed in multi-level sales method.

7. With regard to the acts illegal multi-level sales shall apply the rules of competition law to sanction.

8. additional sanctions: confiscated goods for violations specified in point b of paragraph 6 of this Article.

9. In addition to the application of the sanctions mentioned above, who have the authority to sanction recommendations State Agency has the authority to revoke the registration Paper multi level sales organization for violation of the provisions of paragraph 4, paragraph 5 and 6 of this paragraph b in the case of violation or re-offending.

Article 54. Violating regulations on management of supermarket business, Trade Centre 1. A fine from 5,000,000 to copper copper 3,000,000 for one of the following behaviors: a) Put the name of the base business is supermarkets, trade centers or equivalent words in foreign languages which do not ensure the prescribed standards;

b) rules operation of supermarkets, trade centers can not currently fully the prescribed content or not approved by the State administration authorities;

c) not listing rules active at supermarkets, trade centers;

d) Don't make sudden or recurring reports on the situation of operation of supermarkets, commercial center at the request of the State Agency of competent jurisdiction.

2. A fine of 5,000,000 VND to 10,000,000 VND for one of the following behaviors: a) no sign or trade center supermarket;

b) supermarket signage Records or improper Trade Center content and prescribed form;

c) supermarket business, commercial centre which is not a registered business enterprises in commercial activities according to regulations;

d) business goods in supermarkets, trade centers have no name of goods, services and the name of the supermarket or commercial center;

DD) goods sales in supermarkets, trade centers are warranty without stating the duration and location of warranty.

3. A fine from 10,000,000 20,000,000 to copper copper for trading behavior in super market, commercial center of goods containing radioactive substances or radiation emitting equipment i-on too the level allows; explosives, liquefied chemicals, explosive gases; veterinary medicines, plant protection drugs and goods containing toxic chemicals list as stipulated trading restrictions.

4. for other violations of trading goods and services in commercial centers, supermarkets, the sanction according to related regulations in this Decree.

Article 55. Violation of regulations on the exchange of goods 1. A fine of 1,000,000 to 3,000,000 đồng VND for the behavior of employees of the goods perform the broker for the sale of goods through the exchange of goods.

2. A fine of 5,000,000 3,000,000 Dong to Council with respect to the exchange of goods with one of the following behaviors: a) Declaration not accurate or timely content not in the profile recommended levels, level back, modified, additional license transaction of goods;

b) refuse to approve the membership of transaction of goods that are not answered in writing or did not specify the reasons for the denial.

3. A fine of 5,000,000 3,000,000 Dong to Dong for traders to have one of the following behaviors: a) active participants for the sale of goods through the exchange of goods in a foreign country is not the right route, the range and conditions prescribed by the law;

b) made the purchase and sale of goods through the exchange of goods that are not business members of the exchange of goods.

4. A fine of 5,000,000 VND to 10,000,000 Council for members of the exchange of goods with one of the following behaviors: a) does not warrant a separate accounting operations for the sale of goods through the exchange of goods of each client and of themselves;

b) does not inform the customer about the reason for the termination of the membership and the implementation of the contract obligations mandated by the client;

c) does not retain the contract mandated transactions, the order mandated transactions and require adjusting or canceling the order mandated transactions of customers;

d) Not kept full of vouchers and account details, accurately reflect the transaction for customers and for themselves;

DD) Not done or done incorrectly the notified transactions for the client as specified;

e) Don't trust the transaction contract in writing with the customer under the provisions of the law or make transactions for clients when not yet received orders from customer transaction mandate;

g) as the broker without the contract with the customer as specified;

h) trust transactions for clients are not properly regulated.

5. A fine from 10,000,000 20,000,000 to fellow Council members of the goods has one of the following behaviors:


a) entice customers by contracting the entire or partial compensation for damage incurred or insure a portion of profits to the customer;

b) use fake and fraudulent measures as brokers for customers;

c) performs the activities of buying and selling goods through the exchange of goods that are not members of broker goods.

6. Fine from 10,000,000 20,000,000 for copper to copper organisations, individual giving false information about the transactions, market or the price of goods traded across the exchange of goods.

7. Fine from 10,000,000 20,000,000 for copper to copper trading goods has one of the following behaviors: a) Not announced specific trading period as prescribed;

b) not published the Charter activity, license the exchange of goods was the State Agency has the authority to approve, modify, Supplement;

c) does not make the recommended procedure to license the exchange of goods in case of license transaction of goods lost, torn, burnt or otherwise destroyed;

d) does not perform the procedure suggested additional license, the exchange of goods in case of changing the content of the license the exchange of goods;

DD) not publish or announce the untimely case of suspension of transactions according to the regulations;

e) not published, published incomplete or inaccurate listings and information about members of the goods; the information about trading and the traded goods commands through the exchange of goods and other information according to the rules of operation of the goods;

g) Not done or done incorrectly, the full rules of the periodic report or unscheduled reports required by State regulators have authority on the information related to the purchase and sale of goods through the exchange of goods and the transaction of the goods at the time of the report.

8. Fine fellow to 20,000,000 30,000,000 VND for the members of the exchange of goods with one of the following behaviors: a) Not done or done incorrectly the escrow transaction as specified;

b) do not make provisions for overall transaction limit or transaction limit;

c) entice customers by contracting the entire or partial compensation for damage incurred or insure a portion of profits to customers.

9. A fine of 30,000,000 VND to 40,000,000 Board for transaction of goods have one of the following behaviors: a) using fake papers in the profile proposed the creation, amendment, Supplement, to license the exchange of goods;

b) approved membership for traders who do not qualify under the rules;

c) Not done or done incorrectly the escrow transaction as specified;

d) Not established internal control systems, risk management and monitoring, prevention of conflicts of interests and in dealing in a manner required by the regulations;

DD) allow members who have terminated membership continued to implement activities for the sale of goods through the exchange of goods;

e) hosted transaction goods not belonging to the category of goods by State administration authorities announced;

g) do not make provisions for overall transaction limit or transaction limit;

h) Not done properly the transaction method or principle of order matching transaction or transaction information as specified.

Article 56. Sanctions for acts of unauthorized commercial activities of the Organization, foreign individuals (hereinafter referred to as the alien) 1. A fine from 5,000,000 VND to 10,000,000 VND for foreigners who have unauthorized consumption on the territory of Vietnam consumer goods imported duty-free for use under standard rules.

2. A fine from 10,000,000 20,000,000 for copper to copper alien acts of unauthorized commercial activities on the territory of Vietnam.

3. A fine fellow to fellow 30,000,000 20,000,000 words for foreigner to have one of the following behaviors: a) held unauthorized commercial activities on the territory of Vietnam;

b) unauthorized consumption on the territory of Vietnam vehicles, means of transport, information appliances, Office equipment, interior equipment imported duty-free for use according to the prescribed standards;

c) unauthorized consumption on the territory of Vietnam vehicles, means of transport temporarily for entry into Vietnam.

4. additional sanctions and remedial measures: confiscated exhibits, means of offense or confiscating the proceeds due to the implementation of administrative violations for violating the provisions of this Article.

Article 57. Sanctions for acts impedes the operation of the public service who have the authority to sanction administrative violations 1. Caution or a fine of from 500,000 to 1,000,000 VND VND for one of the following behaviors: a) does not make the Declaration, declaration or declaration, declare the dishonest, not on time as required by the person on duty sanctioning administrative violations or State administration authorities;

b) Not provided or provided incomplete documentation, the documentation related to the inspection, testing and sanctions the violation of the duty sanctioning administrative violations or State administration authority.

2. A fine of 1,000,000 to 3,000,000 đồng VND for one of the following behaviors: a) take action to obstruct, cause difficulties for the public service activities of the authority;

b) stated, actions that threaten, insult, insults honor for people who are on duty.

3. A fine of 5,000,000 3,000,000 Dong to Dong for one of the following behaviors: a) arbitrarily remove seal exhibits, the media breached are being sealed, custody or arbitrarily alter the scene administrative violations;

b) Pipe, alter, the switch exhibits, the media are being inspected, examined or custody;

c) storing, harboring, consume media, exhibits are being inspected, tested, custody gone.

4. A fine of 5,000,000 VND to 10,000,000 VND for one of the following behaviors: a) postpone, evade does not enforce the administrative decision of the Inspector, checking and handling of administrative violations of the person or the competent authority;

b) SWAT who are on duty.

5. remedial measures: Forcing withdrawal of the exhibits, the canopy gone media for violating the provisions of point b, point c of paragraph 3 of this article.

Chapter III JURISDICTION and PROCEDURE for SANCTIONING of ADMINISTRATIVE VIOLATIONS to article 58. The authority sanctioning administrative violations of people's committees 1. Chairman of people's Committee of social rights has sanctions against administrative violations in trade activity specified in this Decree according to the jurisdiction rules in article 28 Ordinance handling administrative violations.

2. President of the district-level people's committees have the right to sanction for administrative violations in trade activity specified in this Decree according to the jurisdiction rules in article 29 Ordinance handling administrative violations.

3. the Chairman of the provincial people's Committee has the right to sanction for administrative violations in trade activity specified in this Decree as prescribed in article 30 Authority Ordinance on handling administrative violations.

Article 59. The authority sanctioning administrative violations of market management agency 1. The authority of the governing body of the market specified in article 37 Ordinances handling administrative violations have the right to sanction for administrative violations in trade activity specified in this Decree and other administrative violations in trade activity specified in the article 12 , Article 28, article 32 and article 41 of this Decree.

2. The authority sanctioning administrative violations according to paragraph 1 of this article of the market level controllers are on duty: a) caution;

b) a fine of up to 200,000.

3. The authority sanctioning administrative violations according to paragraph 1 of this article of the captain of the market management: a) caution;

b) fines up to 5,000,000;

c) confiscated exhibits, the means used to administrative violations worth up to 30,000,000 VND;

d) Forced to destroy articles harmful to human health, animals, plants, culture and toxic products;

DD) enforce the breach and the remedy measures for administrative violations specified in this Decree.

4. The authority sanctioning administrative violations according to paragraph 1 of this article of the Director market management Bureau: a) caution;

b) a fine of up to 20,000,000;

c) Deprived the right to use the license, certificate of practice in the jurisdiction;

d) confiscated exhibits, the means used to administrative violations;

DD) Forced to destroy articles harmful to human health, animals, plants, culture and toxic products;

e) enforce the remedy for violation of and other measures for administrative violations specified in this Decree.

5. The authority sanctioning administrative violations according to paragraph 1 of this article of the Director market management: a) caution;

b) fines to 70,000,000;

c) Deprived the right to use the license, certificate of practice in the jurisdiction;

d) confiscated exhibits, the means used to administrative violations;

DD) Forced to destroy articles harmful to human health, animals, plants, culture and toxic products;

e) enforce the remedy for violation of and other measures for administrative violations specified in this Decree.

Article 60. The authority sanctioning administrative violations of the organs of public security, customs, border guard, the marine police and the specialized State inspection 1. Police districts, the Chief of the police economic crime investigation and public security Minister provincial, provincial police Director and the Director of the criminal investigation police and the economic position has the right to sanction for administrative violations in trade activity specified in this Decree in industry management and jurisdiction rules in article 31 the Ordinance on handling administrative violations.


2. Who has the authority to sanction administrative violations of the border guard, the marine police and the Customs have the right to sanction for the violation in the main commercial activity specified in this Decree related to export activities, import goods in and its management under the jurisdiction specified in articles 32 , Article 33 and article 34 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 trade activity specified in this Decree and in the field of management of the industry according to the jurisdiction rules in article 38 Ordinance on handling administrative violations.

Article 61. Principle of determining the jurisdiction of sanctioning administrative violations and mandate sanctioning administrative violations 1. Principle of determining the jurisdiction of sanctioning administrative violations carried out according to the provisions of article 42 Ordinance handling administrative violations and article 13 of Decree 135/2003/ND-CP on November 14, 2003 detailing the Government's implementation of some articles of the Ordinance on handling administrative violations.

2. The authorisation sanctioning administrative violations made according to the provisions of article 41 Ordinance handling administrative violations and article 14 Decree No. 134/2003/ND-CP on November 14, 2003 detailing the Government's implementation of some articles of the Ordinance on handling administrative violations.

Article 62. Procedure for sanctioning of administrative violations and enforcement of punishment decisions 1. Procedure for sanctioning of administrative violations in accordance with the Ordinance on handling administrative violations and Decree No. 134/2003/ND-CP on November 14, 2003 detailing the Government's implementation of some articles of the Ordinance on handling administrative violations.

2. jurisdiction and procedure apply coercive measures to enforce the decision sanctioning administrative violations made under the provisions of Decree No. 37/2005/ND-CP dated 18 March 2005 of the Government regulating the procedure of applying coercive measures to enforce the decision sanctioning administrative violations.

3. The administrative infringement sanctioned shall be established and kept at the Agency fully sanction within the time limit prescribed by law.

Article 63. Valuation of goods, exhibits, the media breached to determine fines and authority sanctioning administrative violations 1. For administrative violations of this Decree stipulates fines according to the value of the goods violate rules or sanctions confiscated goods, exhibits and facilities are used for administrative violations, they must conduct the evaluation as a basis for determining the level of fines and the authority sanction for administrative violations.

2. Depending on the type of goods, exhibits, specific media, the determination of price is based on one of the grounds according to the following order of priority: a) Price listed or price indicated on the sales invoice or contract goods or declarations imported goods;

b) the market price at the time where the detected administrative violations;

c) the price of the goods, if not yet export sale;

d) for counterfeiting is the market value of the goods or the goods have the same features, techniques, uses at the time where the detected administrative violations;

DD) actual value rest of exhibits, media.

3. The Heads of State administration functions to check, inspection and sanctioning administrative violations specified in this decree or administrative violation detection are handled the administrative violations are responsible for valuation of goods, exhibits the violation and the means used to administrative violations as a basis for determining the level of fines and the authority fines for administrative violations.

4. in case of application of the provisions in paragraph 2 of this Article do not match or the goods, exhibits, difficult to determine the value of the heads of State Management Agency specified in clause 3 of this Council. Composition, working principle of the Council valuation of goods, exhibits, means of administrative violations made in accordance with the law.

5. valuation bases and documents related to the valuation of goods, exhibits, means of administrative violations are shown in the record sanctioning administrative violations.

6. The valuation, management and delivery of the goods, exhibits, means of administrative violations after a decision of seizure authority sanctioning administrative violations in trade operations are conducted under the provisions of Decree No. 134/2003/ND-CP on November 14, 2003 detailing the Government's implementation of some articles of the Ordinance on handling violations Administration.

Article 64. Apply measures to prevent administrative violations and ensure the handling of administrative violations 1. To prevent timely administrative violations and ensure the handling of administrative violations in trade, who are competent to apply measures to prevent violations and ensure the administrative sanctioning administrative violations specified in article 43 Ordinance on handling administrative violations.

2. jurisdiction and procedure to apply measures to prevent violations and ensure the administrative sanctioning administrative violations in trade operations carried out according to the provisions of the Ordinance on handling administrative violations and the Government's Decree guiding the implementation of this Ordinance.

Chapter IV COMPLAINTS, accusations and HANDLE breach of article 65. Complaints, accusations and complaints, report 1. Individuals, organizations have the right to report to the competent State agencies of the administrative violations of the organization or individual provisions of this decree or to report violations of the law of the authority sanctioning administrative violations in trade activities according to the provisions of the law.

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 in trade operations carried out according to the provisions of the law on complaints, accusations and complaints, accusations.

Article 66. Handling breaches authority sanctioning administrative violations authority sanctioning administrative violations in trade harassment behavior, 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 ENFORCEMENT PROVISIONS Article 67. Effect 1. The Decree has effect after 15 days from the date The report.

2. Abolition of Decree No. 175/2004/ND-CP dated 10 October 2004 by the Government on sanctioning administrative violations in the field of trade.

Article 68. Responsibility 1. Minister of industry and commerce is responsible for implementation of this Decree.

2. 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.