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THE GOVERNMENT

Decree No. 112/2010/ND-CP of December 1, 2010, amending and supplementing a number of articles of the Government’s Decree No. 06/2008/ND-CP of January 16, 2008, on sanctioning of administrative violations in commercial activities

THE GOVERNMENT

Pursuant to the December 25, 2001 Law on Organization of the Government;

Pursuant to the June 14, 2005 Commercial Law;

Pursuant to the July 2, 2002 Ordinance on Handling of Administrative Violations and the April 2, 2008 Ordinance Amending and Supplementing a Number of Articles of the Ordinance on Handling of Administrative Violations (below referred to as the Ordinance);

At the proposal of the Minister of Industry and Trade,

 

DECREES:

 

Article 1. To amend and supplement a number of articles of the Government’s Decree No. 06/2008/ND-CP of January 16, 2008, on sanctioning of administrative violations in commercial activities, as follows:

 

1. To amend and supplement Article 4 as follows: “Article 4. Sanctioning principles

 

Principles of sanctioning administrative violations in commercial activities comply with Article 3 of the Ordinance and Article 3 of the Government’s Decree No. 128/2008/ND-CP of December 16, 2008, detailing a number of articles of the Ordinance (below referred to as Decree No. 128).” 2. To amend and supplement Article 5 as follows: “Article 5. Extenuating and aggravating circumstances Extenuating or aggravating circumstances applicable in sanctioning administrative violations in commercial activities specified in this Decree comply with Articles 8 and 9 of the Ordinance and Article 6 of Decree No. 128.”

 

3. To amend and supplement Clause 5, Article 6 as follows:

 

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“5. The method of counting the statute of limitations for sanctioning administrative violations in commercial activities complies with Article 9 of Decree No. 128.”

 

4. To amend and supplement Clause 6, Article 6 as follows: “6. Past the statute of limitations specified in Clause 1, 2, 3 or 4 of this Article, a violator shall not be sanctioned for his/her administrative violation but is still subject to the remedies specified in Clause 3, Article 12

of the Ordinance if this Decree provides for the application of remedies with respect to such violation.”

 

5. To amend and supplement Article 7 as follows:

 

“Article 7. Time limit after which violators are regarded as having not yet been administratively handled

 

1. The time limit after which violators are regarded as having not yet been handled for administrative violations in commercial activities complies with Clause 1, Article 11 of the Ordinance and Article 7 of Decree No. 128. 2. The method of counting the time limit after which violators are regarded as having not yet been handled for administrative violations in commercial activities complies with Article 9 of Decree No. 128.”

 

6. To amend and supplement Point b, Clause 3, Article 8 as follows: “b/ Confiscation of material evidence or means used in administrative violations will apply when this Decree provides for the application of additional sanctions with respect to such violations. Material evidence or means used in administrative violations include things, cash, goods, tools and means directly related to administrative violations. Material evidence and means which are appropriated or illegally used by violators shall not be confiscated but shall be returned to their lawful owners or managers or users under Clause 2, Article 17 of the Ordinance and Clause 2, Article 12 of Decree No. 128.”

 

7. To amend and supplement Clause 6, Article 8 as follows: “6. Past the time limit for issuing a sanctioning decision under Clause 1, Article 56 of the Ordinance and Article 23 of Decree No. 128, the person with sanctioning competence may not issue such decision but shall still issue a decision to confiscate material evidence used in an administrative violation which is banned from sale or circulation and apply remedies if this Decree provides for confiscation as an additional sanction and remedy for such violation.”

 

8. To amend and supplement Clause 2, Article 9 as follows:

 

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“2. Persons with sanctioning competence shall sanction administrative violations in commercial activities according to their competence. Authorization of administrative sanctioning complies with Article 41 of the Ordinance and Article 16 of Decree No. 128.”

 

9. To amend and supplement Article 10 as follows:

 

“Article 10. Violations of regulations on enterprise registration certificates

1. A fine of between VND 1 million and 3 million shall be imposed for trading in business lines or commodities or at places other than those indicated in enterprise registration certificates.

 

2. A fine of between VND 3 million and 5 million shall be imposed for doing business as enterprises without enterprise registration certificates as required.

 

3. A fine of between VND 5 million and 10 million shall be imposed for continuing doing business when having enterprise registration certificates revoked by competent state management agencies.

 

4. A fine doubling the fine specified in Clauses 1 thru 3 of this Article shall be imposed for trading in goods or services restricted from business or subject to conditional business or goods subject to application of the urgent measure of forced recall, sale suspension or conditional sale by competent state management agencies or for which a license is required. 5. The provisions of Clauses 1 thru 4 of this Article are also applicable to sanctioning violations of regulations on investment licenses, investment certificates and operation registration certificates of enterprises’ branches and representative offices in provinces and cities.”

 

10. To amend and supplement Article 11 as follows: “Article 11. Violations of regulations on business household registration certificates

 

1. Caution or a fine of between VND 100,000 and 300,000 shall be imposed for trading in business lines or commodities or at places other than those indicated in business household registration certificates. 2. A fine of between VND 300,000 and 500,000 shall be imposed for doing business as business households without business household registration certificates as required.

 

3. A fine of between VND 500,000 and 1,000,000 shall be imposed for continuing doing business when having business household registration certificates revoked by competent state management agencies. 4. A fine doubling the fine specified in Clauses 1 thru 3 of this Article shall be imposed for trading in goods or services restricted from business or

 

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subject to conditional business or goods subject to application of the urgent measure of forced recall, sale suspension or conditional sale or for which a license is required.”

 

11. To amend and supplement Article 12 as follows: “Article 12. Sanctioning of administrative violations in business registration

 

Administrative violations of regulations on business registration procedures, business offices and places or traders’ signboards and other violations of regulations on enterprise registration certificates or business household registration certificates shall be sanctioned under regulations on sanctioning of administrative violations in relevant state management domains.”

 

12. To amend and supplement Article 18 as follows: “Article 18. Violations of regulations on goods banned from business

 

1. Caution or a fine of between VND 500,000 and 1,000,000 shall be imposed for trading in goods banned from business which are valued at up to VND 5 million.

 

2. A fine of between VND 1 million and 2 million shall be imposed for the violations specified in Clause 1 of this Article involving goods valued at between over VND 5 million and 10 million.

 

3. A fine of between VND 2 million and 3 million shall be imposed for the violations specified in Clause 1 of this Article involving goods valued at between over VND 10 million and 20 million.

 

4. A fine of between VND 3 million and 5 million shall be imposed for the violations specified in Clause 1 of this Article involving goods valued at between over VND 20 million and 30 million.

 

5. A fine of between VND 5 million and 10 million shall be imposed for the violations specified in Clause 1 of this Article involving goods valued at between over VND 30 million and 50 million.

 

6. A fine of between VND 10 million and 20 million shall be imposed for the violations specified in Clause 1 of this Article involving goods valued at between over VND 50 million and 70 million.

 

7. A fine of between VND 20 million and 30 million shall be imposed for the violations specified in Clause 1 of this Article involving goods valued at between over VND 70 million and under 100 million. 8. A fine of between VND 30 million and 35 million shall be imposed for the violations specified in Clause 1 of this Article involving goods valued

 

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at VND 100 million or more if violators are not subject to penal liability examination.

 

9. A fine doubling the fine specified in Clauses 1 thru 8 of this Article shall be imposed in either of the following cases:

 

a/ Violations are committed by producers, subcontract producers, processors, manufacturers, recyclers, classifiers, assemblers, bottlers, chargers, packers or importers of goods banned from business; b/ Goods banned from business are toxic chemicals, preventive and curative medicines for human use, veterinary drugs, plant protection drugs, food additives, food processing aids, irradiated food, genetically modified food and medical equipment not yet permitted for use in Vietnam. 10. The fines specified in Clauses 1 thru 9 of this Article shall also be imposed on:

 

a/ Owners or operators of vehicles who transport goods banned from business;

 

b/ Owners of warehouses, wharves, storing yards or houses who store or hide goods banned from business;

 

c/ Goods delivery service providers who deliver goods banned from business.

 

11. Additional sanctions and remedies:

 

a/ Forced destruction of goods or articles harmful to human or animal health, plants or the environment, toys harmful to child personality education and health, and harmful cultural products, for the violations specified in this Article. When forced destruction is inapplicable or violators fail to destroy the goods, such goods shall be confiscated for destruction under regulations;

 

b/ Confiscation of goods banned from business, for the violations specified in this Article, except cases specified at Point a, Clause 11 of this Article; c/ Confiscation of material evidence or means used for production, subcontract production, processing, manufacture, re-processing, classification, assembly, bottling, charging or packing of goods banned from business, for the violations specified at Point a, Clause 9 of this Article;

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