Vietnam: Border guard forces have the power to impose penalties for administrative violations against regulations on protection of consumer rights

From October 15, 2020, the Decree No. 98/2020/NĐ-CP of Vietnam’s Government prescribing penalties for administrative violations against regulations on commerce, production and trade in counterfeit and prohibited goods, and protection of consumer rights will officially come into force.

Bộ đội Biên phòng xử phạt VPHC trong hoạt động bảo vệ NTD, Nghị định 98/2020/NĐ-CP

According to Article 85 of Decree No. 98/2020/NĐ-CP of Vietnam’s Government, power to impose penalties of border guard forces in commerce, production and trade in counterfeit and prohibited goods, and protection of consumer rights is as follows:

1. On-duty soldiers of border guard 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 2.500.000 upon an individual and up to VND 5.000.000 upon an organization.

3. Heads of border-guard posts, commanders of border-guard flotillas and commanders of port border guards 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 measure specified in Point b Clause 3 Article 4 hereof.

4. Commanders of provincial-level border guard forces and commanders of border guard fleets affiliated to the Border Guard High Command 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 and e 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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