Determination of the Value of Administrative Violation Evidence as the Basis for Determining the Fine Frame and Sanctioning Authority

Based on Article 60 of the Law on Handling Administrative Violations 2012, Point d Clause 72, Point e Clause 73, and Point e Clause 74 Article 1 of the Law on Amendments to the Law on Handling Administrative Violations 2020 (Effective from January 1, 2022) stipulating the determination of the value of administrative violation exhibits to serve as a basis for determining the fine frame and handling authority as follows:

- In cases where it is necessary to determine the value of the exhibits, administrative violation means to serve as a basis for determining the fine frame and handling authority, the competent person handling the case must determine the value of the exhibits, means and shall be responsible for such determination.

- Depending on the specific type of exhibit or means, the determination of the value is based on one of the following priorities in the given order:+ The listed price or the price stated on the contract, sales invoice, or import declaration;+ Price as announced by the local financial authority; in case there is no price announcement, the local market price at the time of administrative violation;+ The cost of the exhibits, means if they are unsold goods;+ For counterfeit goods, the price of the exhibits, means is the market price of genuine goods or goods with the same functionality, technique, utility at the time and place the administrative violation was detected.

- In case it is not possible to apply the bases stipulated in Clause 2 of this Article to determine the value of the exhibits, means of administrative violation to serve as a basis for determining the fine frame and handling authority, the competent person handling the case may issue a decision to temporarily seize the exhibits, means of violation and establish a Valuation Council. The Valuation Council includes the person who issued the temporary seizure decision as the President of the Council, representatives of the same level financial authority, and representatives of relevant specialized authorities as members.

The duration for temporary seizure of exhibits, means to determine the value shall not exceed 48 hours from the time of the temporary seizure decision; in cases of extreme necessity, the duration may be extended but not exceeding an additional 48 hours. All costs related to the seizure, valuation, and damages caused by the seizure shall be covered by the authority of the person who issued the temporary seizure decision. The procedures and records of temporary seizure are carried out in accordance with the provisions of Article 125 of this Law.

- The basis for determining the value and documents related to the determination of the value of the administrative violation exhibits, means must be included in the administrative violation sanction dossier.

Sincerely!