Power to impose penalties of Vietnam marine police forces in commerce

According to Article 86 of Decree No. 98/2020/NĐ-CP of Vietnam’s Government, power to impose penalties of Vietnam marine police forces in commerce, production and trade in counterfeit and prohibited goods, and protection of consumer rights is specified as follows:

1. Coast guard officers on duty shall have the power to:

- Issue warning;  

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

2. Coastguard team leaders shall have the power to:

 - Issue warning;

- Impose a fine of up to VND 5.000.000 upon an individual and up to VND 10.000.000 upon an organization.

3. Coastguard squad leaders and captains of coastguard stations shall have the power to:

- Issue warning;

- Impose a fine up to VND 10.000.000 upon an individual and up to VND 20.000.000 upon an organization;

- Impose the remedial measures mentioned in Point b Clause 3 Article 4 hereof.

4. Commanders of coastguard platoons 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;

- 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 a and b Clause 3 Article 4 hereof.

5. Commanders in chief of coastguard squadrons 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 for committing one of the violations in Section 2 Chapter II hereof; a fine up to VND 30.000.000 upon an individual and up to VND 60.000.000 upon an organization for committing other violations prescribed herein;

- 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 a and b Clause 3 Article 4 hereof.

6. Commanders of Regional Coast Guards shall have the power to:

- Issue warning;

- Impose a fine up to VND 100.000.000 upon an individual and up to VND 200.000.000 upon an organization for committing one of the violations in Section 2 Chapter II hereof; a fine up to VND 50.000.000 upon an individual and up to VND 100.000.000 upon an organization for committing other violations prescribed herein;

- 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 a and b Clause 3 Article 4 hereof.

7. Commander of Vietnam Coast Guard 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 a and b Clause 3 Article 4 hereof.

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

Le Vy

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