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.
According to Article 8 of the Decree No. 98/2020/NĐ-CP of Vietnam’s Government on production, trade, transport, storage and delivery of prohibited goods, trading firecrackers shall be fined as follows:
- A fine ranging from VND 1.000.000 to VND 3.000.000 shall be imposed for trading in less than 0,5 kg of firecrackers;
- A fine ranging from VND 3.000.000 to VND 5.000.000 shall be imposed for trading in from 0,5 kg to under 1 kg of firecrackers;
- A fine ranging from VND 5.000.000 to VND 10.000.000 shall be imposed for trading in from 1 kg to under 2 kg of firecrackers;
- A fine ranging from VND 10.000.000 to VND 30.000.000 shall be imposed for trading in from 2 kg to under 3 kg of firecrackers;
- A fine ranging from VND 30.000.000 to VND 50.000.000 shall be imposed for trading in from 3 kg to under 4 kg of firecrackers;
- A fine ranging from VND 50.000.000 to VND 70.000.000 shall be imposed for trading in from 4 kg to under 5 kg of firecrackers;
- A fine ranging from VND 70.000.000 to VND 90.000.000 shall be imposed for trading in from 5 kg to under 6 kg of firecrackers;
- A fine ranging from VND 90.000.000 to VND 100.000.000 shall be imposed for trading in 6 kg or more of firecrackers.
Note: A fine that is twice as much as the fine prescribed above shall be imposed for producing firecrackers.
Moreover, the fines prescribed above shall be also imposed for:
- transporting prohibited goods;
- storing prohibited goods;
- delivering prohibited goods.
Besides, violating entities are also subject to additional penalties as follows:
- The exhibits shall be confiscated;
- The instrumentalities which are tools and machinery used for producing firecrackers shall be confiscated;
- The vehicles used for transporting firecrackers shall be confiscated;
- The license or practicing certificate shall be suspended for a fixed period of 01 - 03 months;
- The license or practicing certificate shall be suspended for a fixed period of 03 - 06 months.
Remedial measures:
- The exhibits which are goods and articles 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 the violation.
Depending on the weight of firecrackers trading, the violating entity shall be fined from VND 1,000,000 to VND 100,000,000. In addition, these subjects may also be subject to additional penalties or be forced to take remedial measures as prescribed in Decree No. 98/2020/NĐ-CP of Vietnam’s Government.
View more details at the Decree No. 98/2020/NĐ-CP of Vietnam’s Government, effective from October 15, 2020.
Thuy Tram
Address: | 19 Nguyen Gia Thieu, Vo Thi Sau Ward, District 3, Ho Chi Minh City |
Phone: | (028) 7302 2286 |
E-mail: | info@lawnet.vn |