_____ GOVERNMENT of SOCIALIST REPUBLIC of VIETNAM independence-freedom-happiness _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ the number: 1/CP Hanoi, March 1, 1996 DECREE of the Government on sanctioning administrative violations in the field of trading _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ the GOVERNMENT pursuant to the law on Government Organization, 30 September 1992;
Basing the Ordinance on administrative violations processing 6 July 1995;
According to the recommendation of the Minister of trade, the DECREE: chapter I GENERAL PROVISIONS article 1-scope and object apply: 1. Administrative violations in the field of trade is the violation of the provisions of the State management of commercial activities and commercial services not yet to the extent that prejudice to criminal liability.
2. Administrative violations in the field of trade provisions in the Decree include: a) in breach of the regulations on the buy, sell, export or import of goods.
b) breached the rules on service delivery, storing, preserving, transporting the goods.
c) infringe regulations on showcasing goods introduction, society, trade exhibitions, commercial brokers, mandated commercial transactions.
d) infringe regulations on catering, tourism, hotels, bed and breakfast, pawn, repair, rental equipment, maintenance products, other commercial services.
3. Every organization and individual administrative violations in the field of trade were sanctioned under this Decree and the Decree, the provisions of the Government on sanctioning administrative violations related to commercial activities.
The Organization, the individual alien if administrative violations in the field of trade on the territory of Vietnam also sanctioned as for organizations, individuals, except for Vietnam in the international treaties to which Vietnam participates, concluded otherwise.
Article 2-the principle of sanctioning administrative violations in the field of trade are as follows: 1. The jurisdiction of administrative sanctions in the trade sector done as specified in the Ordinance on handling administrative violations.
2. Any administrative violations in the field of trade must be detected promptly and must be suspended immediately. The sanction must be conducted swiftly, justly. Any consequences due to administrative violations must be fixed in accordance with the law. The Organization, the individual administrative violations caused damage must be compensated.
3. An administrative violation sanction only once. A person with multiple violations of the administrative sanction on each violation. Many people make an administrative violation, violators are sanctioned.
4. The sanctioning administrative violations must be based on the nature and extent of the violation and the extenuating circumstances, aggravating the provisions in articles 7 and 8 Ordinance handling administrative violations to decide on sanctions, the sanctions and appropriate disposal measures are regulated in this Decree and the Decree other government regulations on sanctioning of administrative violations.
5. no administrative sanctions in case of breach are mental disease or other diseases do lose cognitive ability or the ability to control the behavior.
6. Time sanctioning administrative violations and the deadline are considered not yet sanctioned administrative offense following the article 9 and 10 Ordinances handling administrative violations.
Article 3-adoption of sanctions and other measures provided for in this Decree as follows: 1. When implementing sanctions administrative violations under this Decree, the competent sanctions only apply the sanctions and other measures that have to be regulated.
2. Caution: applicable to small violations, first, there are extenuating circumstances.
3. Fines: based on the nature and extent of the violation to determine fines in a fine frame has been specified.
Violations have extenuating circumstances, the penalty may be lower, but not below the lowest level of fine frame has been specified.
Violations are aggravating the punishment to the highest level of fine frame has been specified.
Violations are more aggravation under paragraph 3 article 13 Ordinances handling administrative violations, then apply the frame fine have much aggravation.
4. The additional sanctions and other measures are applied to the main sanctions attached.
5. Depending on the nature and extent of the violation, the Organization, the individual administrative violations in the field of Commerce still sanctioned by one or more forms of additional penalty: suspension of the operation of the service term, business.
Deprived of the right to use the business license term or permanently.
Confiscated goods, exhibits, the means used to cause violation fine of confiscated goods, exhibits, means of violation is made for those goods, exhibits, the means by which the law allows confiscated.
 
CHAPTER II ADMINISTRATIVE VIOLATIONS in the FIELD of trade, the FORM and the LEVEL of SANCTIONS article 4-sanctions violate the rules of registration of commercial business for enterprises, companies, branch; about latest Representative Office for business, corporate, branch and economic organizations (hereinafter referred to as enterprise): 1. Caution or a fine from 100,000 to 500,000 Dong Dong for one of the acts: a) the use of business registration or license latest representative office expired b) lose business registration or license latest Representative Office that is not declared.
c) Not kept business registration or license put offices at Headquarters under the rules.
2. A fine of 200,000 VND to 1.000.000 VND for one of the acts: a) Not posted publicly as a rule after the business registration is granted, when changing the content of business registration, or upon the dissolution of the business.
b) forced or allowed to suspend, cease of business activities, the activities of the representative office that still works.
3. A fine from 1.000.000 VND to 5 million VND and deprived of the right to use the registered business or Representative Office license to 1 (one) year for one of the acts: a) rent, lend, or business license registration latest representative office.
b) Rent, borrow registering someone else's business to business or rent, loan Representative Office license to operate.
c) improper business with the business registration content or proper operation with license content latest Rep Office.
d) erasing, the repair business registration or license latest representative office.
4. A fine of 2 million to 10 million brass copper and suspend operations for business behavior without business registration or operation of offices that do not have a license. The case has many heavy fines to 30 million.
Article 5. Sanctions violate the rules of the business license for the personal and commercial business group under the Decree 66/dated 2 March 1992 (hereinafter referred to as personal business): 1. Caution or a fine from 50,000 to 200,000 Dong Dong for one of the acts : a) use business license expired.
b) lose the business license which is not declared.
c) does not hold a business license at the business location.
2. A fine from 100,000 to 500,000 Dong Dong for one of the acts: a) the suspension or termination of business activities without permission or notification.
b) be allowed to suspend or terminate operations that are still trading.
3. A fine from 200,000 VND to 1.000.000 VND and deprived of the right to use the business license to 1 (one) year for one of the acts: a) erasing repair business license.
b) for rent or lend a business license.

c) Rent or borrow a business license to do business.
d) improper trading with the content license.
4. A fine of from 500,000 to 2 million copper and brass to suspend business operations for business behavior without a business license.
Article 6. Sanctions violate rules on goods, services forbid business: 1. A fine of from 500,000 to 5 million dong Dong and confiscated the goods, the means used to breach for the service type business behavior State banned trading. The case has many heavy fines to 30 million.
2. A fine from 1.000.000 VND 10 million dong and to confiscate the goods, the means used to violate for business behavior (buying, selling, transporting, storing) the State prohibited goods business. The case has many aggravating fines up to 50 million dong.
Article 7. Sanctions violate rules on goods, services business condition: 1. A fine from 200,000 Dong to Dong 1.000.000 for trading goods, conduct services in kind conditional business without the certificate of eligible business. To suspend operations until the certificate of eligible business.
2. A fine from 1.000.000 VND to 5 million VND for the behavior of business, goods, services in kind conditional trading in the business process does not guarantee the conditions prescribed. Forced to indemnify the damage caused; forced to restore the original state has been changed; enforce the remedy of environmental pollution, the spread of disease due to administrative violations caused. The case has many heavy fines to 30 million.
Article 8. Sanctions violate rules on the price of goods and services: 1. Caution or a fine from 50,000 to 200,000 Council Council for acts not listing prices for those goods, services state regulation to price listing.
2. A fine of from 500,000 to 2 million contract for the sale or service charge in addition to the frame, the price level for goods and services has been the competent State Agency regulation frame, price. Forced to indemnify the damage caused; confiscate the money price difference obtained by breach.
Article 9. Sanctions violate the rules of corporate headquarters, headquarters offices, shops, commercial shops: 1. A fine from 100,000 to 500,000 VND VND for the behaviour change of headquarters offices, of business or change of business location business individuals without the prescribed declaration.
2. A fine of from 500,000 to 2 million dong VND for one of the acts: a) enterprises, representative office or have no fixed transaction based.
b) for rent or for mược trade name of business establishments but do not comply with the provisions of the law.
c) Rent, borrow, use the trading name of the business to business but do not comply with the provisions of the law.
Article 10. Sanction breach in relations with customers: 1. Caution or a fine of 100,000 dong and forcing compensation for damage caused by the violation triggers for one of the acts: a) does not make the product warranty, service that State regulation is warranted or has announced product warranty the service, which is not done.
b) product warranty, service is not properly regulated.
2. A fine of 200,000 VND to 1.000.000 VND and forcing compensation for damage caused by violation of cause for one of the acts: a) weight, swung, measuring, counting the lack of goods for customers.
b goods or swapping) have other deceitful acts causing damage to the client.
Article 11. Sanctions violate the rules of dealers buying, selling goods and services in the country.
1. A fine from 100,000 to 500,000 Dong Dong for one of the acts: a) the use of the agent or agents do not guarantee conditions specified on the purchasing agent, selling goods or services.
b) use dealer or agent does not have the prescribed agent contract.
2. A fine of from 500,000 to 2 million dong VND for the behaviour of nominal advantage dealer to unauthorized trading.
Article 12. Sanctions violate the rules of buying agents sell goods, foreign service: 1. A fine of from 500,000 to 3 million dong VND acts as agent for the buyer, the sale of goods or services for which no foreign agency contract according to the regulations.
2. A fine of 3 million to 10 million brass copper and suspended or deprived of the right to use the license for agent to 1 (one) year for one of the acts: a) as agent in buying, selling goods or services to a foreign country without a license agent.
b) as agent in buying, selling goods or services to a foreign agent license left.
Article 13. The sanctions violate the rules of the place and the activity of the representative office; Branch offices of foreign economic organizations in Vietnam are carried out according to article 19, article 20 Chapter IV of Decree No. 82/CP dated August 2, 1994 on the regulations and operation of representative offices of foreign economic organizations in Vietnam.
When the main overseas base has bankruptcy or dissolution where a representative office, branch offices do not terminate the infringement processing operations under point 2 article 20 of Decree No. 82/CP dated August 2, 1994 on the regulations and operation of representative offices of foreign economic organizations in Vietnam.
Article 14. Sanctions violate the rules of the export and import of goods: 1. A fine from 1.000.000 VND to 5 million VND for the behavior and permission for use of export and import license expired for export or import of goods.
2. A fine of 2 million to 10 million brass copper, confiscated goods, exhibits the violation, deprived of rights or business license of import and export directly to 1 (one) year. The case has many aggravating fines up to 50 million dong for one of the acts: a) the import or export of goods outside the business are allowed to directly import and export of goods, items.
b) export or import of goods with export license or false import in number, the value of the shipment.
3. A fine of 5 million dong to 20 million dong and confiscated goods, exhibits the violation. The case has many aggravating fines up to 100 million contract for one of the acts: a) directly exported or imported goods without a license.
b) export and import the goods without an export permit, import of which as a rule must have a permit to export or import.
c) export and import of goods banned for export, all State imports.
d) Buy, sell, transfer quotas, export targets, imported goods are allocated (including foreign quota allocated to Vietnam).
Article 15. Sanctions violate the rules of mandated and entrusted the export or import of goods: 1. A fine from 1.000.000 VND to 5 million VND for the behavior mandated for export and import of goods left with the business scope in business registration or business license of the airline industry, items.
2. A fine of 2 million to 10 million brass copper and deprived of the right to use the business license of import and export directly to 6 (six) months for receiving behavior mandated for export or import of goods contrary to the scope allowed to directly import and export business of goods, items.
Article 16. Sanctions violate the rules of transfer of goods: 1. A fine from 1.000.000 VND to 5 million VND and deprived of the right to use the business license of import and export directly to 6 (six) months for business service behavior transshipped the goods contrary to the content business service allowed transshipped goods.

2. A fine of 2 million to 10 million dong VND for business service behavior transshipped goods that do not have a business license services export goods.
3. A fine of 5 million dong to 20 million dong and confiscated goods, exhibits violated for behaviors of unauthorized consumption goods transshipped across the territory of Vietnam. The case has many aggravating fines up to 100 million dong.
Article 17. Sanctions violate the rules of temporary import and export of goods Re: 1.1.000.000 VND 5 million dong to fine and stripped the use use of the business license of import and export directly to 1 (one) year for temporary import behavior re-export the goods contrary to the content business is allowed to temporarily enter the re-export of the goods.
2. A fine of 2 million to 10 million dong VND for the behavior temporarily enter the re-export of goods that do not have a business license to temporarily enter the re-export of goods.
3. A fine of 5 million dong to 20 million dong and confiscated goods exhibits. The case has many aggravating fines up to 100 million contract for one of the acts: a) re-export goods imported Temporarily banned the export or the import prohibition (except the State goods permitted under separate regulations).
b) unauthorized consumption of goods temporarily imported appeared on the territory of Vietnam.
Article 18. Sanctions violate the rules of consumption goods of enterprises with foreign investment: 1. A fine of 2 million to 10 million dong VND, more aggravation to 50 million dong in fines for the behavior of enterprises of foreign investment product sales on the territory of Vietnam so the rate or quantity limit , categories, the value of the products produced are allowed to consume in Vietnam.
2. A fine of 5 million dong to 20 million dong and confiscated goods, exhibits, infringement cases aggravating many fine of up to 100 million dong for unauthorised consumption on the territory of Vietnam imported goods to establish joint venture enterprises, or enterprises have 100% foreign content of investment licenses have been granted.
Article 19. Sanction rules regarding business shop duty free goods: 1. A fine from 1.000.000 VND to 5 million VND and suspend operations for open acts of shops selling tax free goods that are not allowed to sell goods duty free business.
2. A fine of 2 million to 10 million brass copper, where there are many aggravating fines to 30 million and deprived of the right to the business of selling goods tax-free up to 6 (six) months for selling tax free goods behavior contrary to the license of content items, norms, the amount of duty free goods and serving object.
3. A fine of 5 million dong to 20 million dong and confiscated goods, exhibits, infringement cases aggravating many fine of up to 50 million dong and deprived of the right to the business of selling goods tax-free up to 6 (six) months for consumption outside the allowed range of duty free shop for the goods imported for sale in duty free shops.
Article 20. Sanctions violate the rules of fair trade: 1. A fine from 200,000 VND to 1.000.000 VND for organizational behavior, fair trade contrary to the license service business fair, exhibition or trade fair organization license, trade exhibition and deprived of the right to use the license service business fair the trade exhibition, up to 1 (one) year.
2. A fine of from 500,000 to 2 million dong VND for organizational behavior fairs, exhibitions or trade fairs organization license, a commercial exhibition.
3. A fine from 1.000.000 VND to 5 million VND for one of the acts: a) display, introduced the goods, banned State business services, all imported.
b) Sell goods and products exhibited, sold goods at the fairs, trade exhibitions without permission.
c) Sell goods at the fairs, trade exhibitions left with the content.
4. A fine of from 5 million to 15 million dong Dong for unauthorised consumption of goods temporarily imported for display, introduced at the fair, trade exhibitions and confiscated goods, exhibits the violation.
Article 21. Sanctions for violations of the means of transport, warehouse, in: fine from 1.000.000 VND 10 million dong and to confiscate exhibits, the means used to violate, more heavy fines to 30 million contract for one of the acts : a) the owners of means of transport or transport operator knowingly transport goods banned State business, illegally imported goods.
b) warehouse, Home, houses, stores, shops, ... knowingly harboring or assisting the State prohibited goods consumption business, illegally imported goods.
Article 22. Other violation of sanctions against organizations, foreign individuals: 1. A fine from 1.000.000 VND to 5 million VND for acts of the Organization, foreign personal consumption on the territory of Vietnam imported consumer goods are duty-free for use under standard rules (beyond point b paragraph 2 of this Article).
2. A fine of 5 million dong to 20 million dong and confiscated goods, exhibits the violation. The case has many aggravating fines up to 100 million dong for foreign individuals, organizations have one of the acts: a) commercial business activity on the territory of Vietnam was not Vietnam State agencies have the authority to allow.
b) consumption on the territory of Vietnam vehicles, communication equipment, Office equipment and furniture were imported duty-free for use according to the stipulated standards.
c) consumption on the territory of Vietnam, transport vehicles to enter Vietnam.
Article 23. Sanction violations of the acts impedes employees, State bodies the duty of checking, handling administrative violations in the field of trade: 1. Caution or a fine from 200,000 VND to 1.000.000 VND for one of the acts: a) is not present or present incomplete papers vouchers, books related to the check processor breach.
b) undeclared or declared not true about the content related to the inspection process.
2. A fine of from 500,000 to 2 million copper and bronze tie compensation for damage caused to one of the acts: a) obstruct the inspection, control of employees, State bodies the duty of inspection and control.
b) intentionally delay or evade the enforcement decision sanctioning administrative violations.
3. A fine from 1.000.000 VND to 5 million VND and forcing compensation for damage of the goods, exhibits have riveted pipe for one of the acts: a) arbitrarily dismantle sealed goods, exhibits the violation are being sealed or custody.
b) Pipe riveted goods, exhibits the violation are being examined or custody.
 
CHAPTER III Jurisdiction, PROCEDURE For SANCTIONING Of ADMINISTRATIVE VIOLATIONS In The FIELD Of Trade.
Article 24. The authority sanctioning administrative violations in the field of people's Committee of trade levels: 1. The President of the people's Committee of the communes, wards and towns have the right: a) caution.
b) a fine of up to 200,000.
c) confiscated goods, exhibits, the means used to administrative violations worth up to 500,000 VND.
d) Tying compensation to 500,000 VND due to administrative violations caused.
e) Forced to restore the original state has been changed due to administrative violations caused.
g) operations pollute the environment or do spread the disease.
h) the destruction of goods harmful to human health.
2. The Chairman of the district people's Committee, district, town, city in the province have the right to: a) caution.
b) fines up to 10 million.

c) confiscated goods, exhibits, the means used to administrative violations are worth up to 100 million dong.
d) Deprived the right to use a trade business license due to district level to 1 (one) year.
e) Tying compensation to 1.000.000 VND due to administrative violations caused.
g) enforce remedial measures due to administrative violations caused.
h) forced the culling of prescribed goods harmful to human health, toxic food culture.
3. The Chairman of the provincial people's Committee, central cities have the right to: a) caution.
b) a fine of up to 100 million dong.
c) confiscated goods, exhibits, the means used to administrative violations.
d) Deprived the right to use a trade business license, commercial business registration by province or city level.
e) apply other sanctions measures stipulated in point e, g, h paragraph 2 of this article.
Article 25. The authority sanctioning administrative violations of market management agency: 1. control the market-level staff are on duty have the right: a) caution.
b) a fine of up to 200,000.
2-market Management Team captains have the right to: a) caution.
b) fines up to 1.000.000 VND.
c) confiscated goods, exhibits, the means used to administrative violations are worth up to 20 million dong.
d) forced the culling of prescribed goods harmful to human health, toxic food culture.
3. Bureau Chief market management Bureau has the right to: a) caution.
b) fines up to 10 million.
c) confiscated goods, exhibits, the means used to administrative violations are worth up to 100 million dong.
d) Stripped the right to use up to 1 (one) year business license due to the district level, the type of license other commercial activities by the Department of management.
e) Forcibly destroyed under the provisions of goods harmful to human health, toxic food culture.
4. Director market management have the right to: a) caution.
b) a fine of up to 20 million dong.
c) confiscated goods, exhibits, the means used to administrative violations.
d) Deprived the right to use the business license, business registration, the type of license other commercial activities due to the local level in the level.
e) Forcibly destroyed under the provisions of goods harmful to human health, toxic food culture.
Article 26. The authority sanctioning administrative violations in the field of trade of people police agencies, customs, border guard and State inspection agency specialized in: 1. The jurisdiction of the Agency: the people's police, customs, border guard, state specialized inspection is entitled to sanction administrative violations in the field of trade as defined in article 29 , 30 of the Ordinance on handling administrative violations.
2. Cases of administrative violations in the field of trade in the authority disposed of many State agency specialized in the sanction by accepting the first made.
Article 27. Procedure for sanctioning of administrative violations in the field of trade: 1. procedures, order sanctioning administrative violations in the field of trade made under the provisions of the Ordinance on handling administrative violations.
2. The service administration sanctioned violations must be established and records kept at the Agency fully sanction within the time limit prescribed.
3. organizations and individuals fined must pay the fine at the place stated in the decision to sanction. The sanctions prohibited direct collects the fines of any kind.
4. When granting confiscated exhibits, means of offence, the competent person must carry sanctions procedures stipulated in article 51 of the Ordinance on handling administrative violations. Goods, exhibits, means of administrative violation confiscated, then transferred to the same level of financial authority to organize the auction according to the regulations. Proceeds to be paid into the State Treasury according to stipulations.
5. management mode, using fine, money selling goods, exhibits, media confiscating breaches made according to the regulations of the Government.
Article 28. Enforcement of determination won the sanctions and coercive enforcement of the decision sanctioning administrative violations in the field of trade: 1. organizations and individuals sanctioned administrative offense under this decree must strictly enforce the Agency's sanction decision, sanctioning authority within the time limit prescribed. If not enforce sanctions decision or willfully evading enforcement of punishment decisions shall comply under article 55 Ordinance handling administrative violations and sanctions under article 23 of this Decree.
2. When applying coercive measures to enforce the decision sanctioning administrative violations, the Agency and the competent person must comply with the order, coercive procedures prescribed by law.
Article 29. Apply measures to prevent administrative violations in the field of trade: 1. To prevent timely administrative violations and ensure handling of administrative violations in the field of trade, the person and the competent authority are applied in the administrative measure under article 38 Ordinance on handling administrative violations regulations.
2. Competence, order and procedures apply measures to prevent violations and ensure the administrative sanctioning administrative violations in the field of trade, made under the provisions of the Ordinance on handling administrative violations.
Article 30. Denunciation, appeal decision sanctioning administrative violations in the field of trade and resolve accusations, complaints: 1. Citizens have the right to report to the competent State authorities about the breach of the Organization's administrative, personal and accusations of violations of the authority sanctioning administrative violations in the field of trade.
2. organizations and individuals sanctioned administrative offense, were applying preventive measures (or their legal representatives) have the right to complain about the sanction or application of preventive measures against them.
3. procedure, the order, the time limit, the authority of complaints, accusations made under the provisions of the Ordinance on handling administrative violations.
Article 31. The handling of the offense for the authority sanctioning administrative violations in the field of trade are applied as follows: competent People handling administrative violations in the field of trade that has harassed, tolerate, cover breach, not processed or not processed in a timely manner not true, not true, level of authority, appropriation, unauthorized use of money, goods, exhibits, means of infringement, impede the circulation of legal goods, cause damage to the business, then depending on the nature and extent of the violation will be handled administratively or prejudice criminal liability.
 
CHAPTER IV Article 32 ENFORCEMENT TERMS. This Decree shall take effect from the date of signing. The provisions on sanctioning administrative violations in the field of previous trade contrary to this Decree are repealed.
Article 33. The Minister of trade, Minister of the Ministry, heads of ministerial agencies, government agencies, the Chairman of the provincial people's Committee, the central cities is responsible for the implementation of this Decree.
 


Government (signed) Phan Van Khai