What are included in the list of goods banned from business in Vietnam? What are the fines for trading in goods banned from business in Vietnam?
What are included in the list of goods banned from business in Vietnam? What are the fines for trading in goods banned from business in Vietnam? What are imprisonment sentences for trading in goods banned from business in Vietnam?
What are included in the list of goods banned from business in Vietnam?
Pursuant to Appendix I of the Decree 59/2006/ND-CP (amended by Clause 7 Article 147 of the Decree 96/2023/ND-CP and Article 1 of the Decree 43/2009/ND-CP stipulating the list of goods banned from business in Vietnam:
[1] Military weapons, special-use military and police equipment, technica1 facilities, devices and means (including badges, rank stripes, force badges of the army and the police), military gears for the armed forces; particular components, parts, spare parts, supplies and equipment, and special-use technologies for manufacture thereof
[2] Narcotics
[3] Chemicals of Table 1 (under international treaties)
[4] Reactionary, depraved or superstitious cultural products or those harmful to aesthetical or personality education
[5] Fire crackers of all kinds
[6] Dangerous toys, toys harmful to personality and health education for children or to the social security, order and safety (including also electronic games)
[7] Veterinary drugs, plant protection drugs banned from, or not yet permitted for, use in Vietnam according to the provisions of the Veterinary Medicine Ordinance and the Plant Protection and Quarantine Ordinance
[8] Wild plant and animal species (including also live plants and animals and their processed parts) on the lists of those provided for by treaties to which Vietnam is a contracting party, and precious and rare plant and animal species on the lists of those banned from exploitation and use
[9] Aquatic resources banned from exploitation, aquatic products containing residues of toxic and hazardous substances exceeding the permitted limits, aquatic products with natural toxins dangerous to human life
[10] Fertilizers not on the list of those permitted for production, trading and use in Vietnam
[11] Plant varieties not on the list of those permitted for production and trading; plant varieties harmful to production, human health, environment and eco-system
[12] Livestock breeds not on the list of those permitted for production and trading; livestock breeds harmful to human health, livestock gene sources, environment and eco-system
[13] Special and toxic minerals
[14] Imported discarded materials which cause environmental pollution
[15] Medicinal drugs of all kinds for human use, vaccines, medical biologicals, cosmetics, insecticidal and and medical use not yet permitted for use in Vietnam
[16] Assorted medical instruments and equipment not yet permitted for use in Vietnam
[17] Food additives, food processing enhancers, micronutrients, functional food, food of high biohazard, food preserved by radiation and genetically modified food not yet permitted by competent state agencies
[18] Products and materials containing asbestos of amphibole group
[19] Smuggled cigars, cigarettes and other processed tobacco products
What are included in the list of goods banned from business in Vietnam? What are the fines for trading in goods banned from business in Vietnam? - image from internet
What are the fines for trading in goods banned from business in Vietnam?
Pursuant to Article 8 of the Decree 98/2020/ND-CP (amended by Points a and b, Clause 4, Article 3 of the Decree 17/2022/ND-CP) stipulating production, trade, transport, storage and delivery of prohibited goods:
Production, trade, transport, storage and delivery of prohibited goods
1. A fine ranging from VND 1.000.000 to VND 3.000.000 shall be imposed for committing one of the following violations:
a) Trading in less than 5 kg or 5 l of pesticides prohibited from being traded, sold or used by the State;
b) Trading in less than 50 contraband cigarette packs (1 pack contains 20 cigarettes; with regard to contraband cigars and other finished tobacco products, 1 pack = 20 g);
c) Trading in less than 0,5 kg of firecrackers;
d) Trading in other goods which are prohibited from being traded, sold or used by the State if they are worth less than VND 3.000.000 or the illegal profit obtained is less than VND 1.500.000.
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8. A fine ranging from VND 90.000.000 to VND 100.000.000 shall be imposed for committing one of the following violations, if not liable to criminal prosecution:
a) Trading in 50 kg, or more, or 50 l, or more, of pesticides prohibited from being traded, sold or used by the State;
b) Trading in 1.500 or more contraband cigarette packs;
c) Trading in 6 kg or more of firecrackers;
d) Trading in other goods which are prohibited from being traded, sold or used by the State if they are worth VND 100.000.000 or more or the illegal profit obtained is VND 50.000.000 or more.
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12. Remedial measures:
a) The exhibits which are goods and articles that cause harm to human health, domestic animals, plants and environment, and indecent materials shall be destroyed if one of the violations in this Article is committed;
b) The violating entity is compelled to return any benefits illegally obtained from one of the violations in this Article.
13. The acts of production or trade in goods which are not yet licensed for free sale or use in Vietnam shall be penalized in accordance with provisions of Government’s Decrees on penalties for administrative violations in relevant sectors.
As regulated above, trading banned goods, without reaching the level of criminal liability, is subject to a fine ranging from VND 1.000.000 to VND 100.000.000.
In addition, following penalties shall be applied:
- The exhibits of the violations shall be confiscated;
- The license or practicing certificate shall be suspended for a fixed period of 03 - 06 months.
Following remedial measures shall be applied:
- The exhibits that cause harm to human health, domestic animals, plants and environment, and indecent materials shall be destroyed;
- The violating entity is compelled to return any benefits illegally obtained from one of the violations.
Note: The above-mentioned fine applies to individuals. If an organization commits a violation, the fine will be double that of individuals (as stipulated in Point b, Clause 4, Article 4 of Decree 98/2020/ND-CP, amended by Point b, Clause 1, Article 3 of Decree 17/2022/ND-CP).
What are imprisonment sentences for trading in goods banned from business in Vietnam?
Pursuant to Article 190 of the Criminal Code in 2015 (amended by Points a and b, Clause 40, Article 1 of the Law on amendments to the Criminal Code in 2017) stipulating manufacturing and trading of banned goods:
Manufacturing and trading of banned goods
1. A person who commits any of the following acts, except in the circumstances specified in Articles 232, 234, 244, 246, 248, 251, 253, 254, 304, 305, 306, 309, 311 hereof, shall be liable to a fine of from VND 100,000,000 to VND 1,000,000,000 or face a penalty of 01 - 05 years’ imprisonment:
a) Manufacturing or dealing in goods banned from trading and/or using by the State where the quantity of goods is from 50 kg to under 100 kg or from 50 liters to under 100 liters;
b) Illegally importing from 1,500 to under 3,000 cigarette packs;
c) Manufacturing or dealing in from 06 kg to under 40 kg of firecrackers;
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As regulated above, any person committing the act of manufacturing and trading of banned goods are liable to criminal prosecution.
The offender shall be liable to a fine of from VND 100,000,000 to VND 3,000,000,000 or face a penalty of 01 - 15 years' imprisonment.
The offender might also be liable to a fine of from VND 20,000,000 to VND 100,000,000, be prohibited from holding certain positions or doing certain works for 01 - 05 years.
A corporate legal entity that commits this offence shall be liable to a fine of from VND 1,000,000,000 to VND 9,000,000,000 or has its operation suspended for 06 - 36 months.
Corporate legal entities that cause or have the practical capacity to cause harm to the lives of many people, environmental incidents, or negative impacts on security, order, and social safety, and are unable to remedy the consequences, shall be permanently suspended from operation.
In addition, the violating corporate legal entity might also be liable to a fine of from VND 50,000,000 to VND 200,000,000 , be banned from operating in certain fields or raising capital for 01 - 03 years.
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