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

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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