Power to impose penalties of people’s public security forces in commerce in Vietnam

On August 26, 2020, the Government of Vietnam 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.

Thẩm quyền CAND xử phạt vi phạm hành chính trong hoạt động thương mại , Nghị định 98/2020/NĐ-CP

According to Article 83 of Decree No. 98/2020/NĐ-CP of Vietnam’s Government, power to impose penalties of people’s public security forces in commerce, production and trade in counterfeit and prohibited goods, and protection of consumer rights are as follows:

1. On-duty soldiers of people’s police forces shall have the power to:

- Issue warning;

- Impose a fine up to VND 500.000 upon an individual and up to VND 1.000.000 upon an organization.

2. Heads of police stations and leaders of the soldiers mentioned in Clause 1 of this Article shall have the power to:

- Issue warning;

- Impose a fine up to VND 1.500.000 upon an individual and up to VND 3.000.000 upon an organization.

3. Heads of communal police authorities and heads of police stations at checkpoints and export processing zones shall have the power to:

- Issue warning;

- Impose a fine up to VND 2.500.000 upon an individual and up to VND 5.000.000 upon an organization;

- Confiscate the exhibits and instrumentalities which have been used for committing administrative violations but are worth less than the fine specified in Point b of this Clause;

- Impose the remedial measure specified in Point b Clause 3 Article 4 hereof.

4. Heads of District-level police forces, heads of operations divisions affiliated to the Traffic Police Department, and heads of provincial-level police agencies, including:  Heads of police departments for administrative management of social order, heads of police departments for investigation into social order-related crimes, heads of police departments for investigation into corruption, economy and smuggling-related crimes, heads of police departments for investigation drug-related crimes, heads of traffic police departments, heads of railway and road traffic police departments, heads of road traffic police departments, heads of waterway traffic police departments, heads of environment crime prevention and fighting police departments, heads of internal political security departments and heads of economic security departments, shall have the power to:

- Issue warning;

- Impose a fine up to VND 25.000.000 upon an individual and up to VND 50.000.000 upon an organization for committing one of the violations in Section 2 Chapter II hereof; a fine up to VND 20.000.000 upon an individual and up to VND 40.000.000 upon an organization for committing other violations prescribed herein;

- Suspend licenses/practicing certificates or operations for a fixed period;

- Confiscate the exhibits and instrumentalities which have been used for committing administrative violations but are worth less than the fine specified in Point b of this Clause;

- Impose the remedial measures specified in Points b, h, i and k Clause 3 Article 4 hereof.

5. Directors of provincial-level Public Security Departments shall have the power to:

- Issue warning;

- Impose a fine up to VND 50.000.000 upon an individual and up to VND 100.000.000 upon an organization;

- Suspend licenses/practicing certificates or operations for a fixed period;

- Confiscate the exhibits and instrumentalities which have been used for committing administrative violations but are worth less than the fine specified in Point b of this Clause;

- Impose the remedial measures specified in Points b, e, h, i and k Clause 3 Article 4 hereof.

6. Directors of Internal Political Security Department, Economic Security Department, Police Department for Administrative Management of Social Order, Police Department for Investigation into Corruption, Economy and Smuggling-related Crimes, Police Department for Investigation into Drug-related Crimes, Traffic Police Department, Environment Crime Prevention and Fighting Police Department, Department of Cybersecurity and Hi-tech Crime Prevention and Control, and Immigration Department shall have the power to:

- Issue warning;

- Impose a fine up to the maximum fine prescribed herein;

- Suspend licenses/practicing certificates or operations for a fixed period;

- Confiscate the exhibits and instrumentalities used for committing administrative violations;

- Impose the remedial measures specified in Points b, e, h, i and k Clause 3 Article 4 hereof.

View more details at the Decree No. 98/2020/NĐ-CP of Vietnam’s Government, issued on August 24, 2020.

Le Vy

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