Decree 98: Penalties for trade in goods against which emergency measures are implemented in Vietnam

15:15, 29/08/2020

Recently, the Government of Vietnam has issued the Decree No. 98/2020/NĐ-CP prescribing penalties for administrative violations against regulations on commerce, production and trade in counterfeit and prohibited goods, and protection of consumer rights.

Nghị định 98: Xử phạt hành vi kinh doanh hàng hóa bị áp dụng biện pháp khẩn cấp, Nghị định 98/2020/NĐ-CP

According to Article 16 of the Decree No. 98/2020/NĐ-CP of Vietnam’s Government, penalties for trade in goods against which emergency measures are implemented are as follows:

- A warning or a fine ranging from VND 200.000 to VND 400.000 shall be imposed for one of the following violations if the value of goods is less than VND 1.000.000:

+ Failing to meet conditions or failing to obtain a license when trading in goods which must be sold under certain conditions or license as regulated by competent authorities;

+ Trading in goods against which the emergency measure that is recall or suspension of selling of goods is implemented by competent authorities.

- A fine ranging from VND 400.000 to VND 600.000 shall be imposed for one of the violations mentioned above if the value of goods is from VND 1.000.000 to under VND 2.000.000.

- A fine ranging from VND 600.000 to VND 1.000.000 shall be imposed for one of the violations mentioned above if the value of goods is from VND 2.000.000 to under VND 5.000.000.

- A fine ranging from VND 1.000.000 to VND 3.000.000 shall be imposed for one of the violations mentioned above if the value of goods is from VND 5.000.000 to under VND 10.000.000.

- A fine ranging from VND 3.000.000 to VND 5.000.000 shall be imposed for one of the violations mentioned above if the value of goods is from VND 10.000.000 to under VND 20.000.000.

- A fine ranging from VND 5.000.000 to VND 10.000.000 shall be imposed for one of the violations mentioned above if the value of goods is from VND 20.000.000 to under VND 30.000.000.

- A fine ranging from VND 10.000.000 to VND 15.000.000 shall be imposed for one of the violations mentioned above if the value of goods is from VND 30.000.000 to under VND 50.000.000.

- A fine ranging from VND 15.000.000 to VND 20.000.000 shall be imposed for one of the violations mentioned above if the value of goods is from VND 50.000.000 to under VND 70.000.000.

- A fine ranging from VND 20.000.000 to VND 30.000.000 shall be imposed for one of the violations mentioned above if the value of goods is from VND 70.000.000 to under VND 100.000.000.

- A fine ranging from VND 30.000.000 to VND 50.000.000 shall be imposed for one of the violations mentioned above if the value of goods is VND 100.000.000 or more.

- A fine that is twice as much as the corresponding fine prescribed in Clause 1 through 10 of Article 16 of the Decree No. 98/2020/NĐ-CP shall be imposed upon the producer or importer committing the administrative violation.

Note: The fines prescribed in Article 8 hereof shall be imposed for trading in goods against which the emergency measure that is prohibition of sale of goods is implemented by competent authorities.

In addition to fines, the exhibits which are goods and articles that cause harm to human health, domestic animals, plants and environment, indecent materials, and unsafe goods shall be destroyed if one of the violations is committed.

View more details at the Decree No. 98/2020/NĐ-CP of Vietnam’s Government, effective from October 15, 2020.

Thuy Tram

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