Vietnam: Competence of market surveillance authorities to sanction violations in the field of national border management and protection

Recently, the Decree No. 96/2020/NĐ-CP on penalties for administrative violations against regulations on national border management and protection has been issued by Vietnam’s Government.

Thẩm quyền xử phạt của Quản lý thị trường trong quản lý, bảo vệ BGQG, Nghị định 96/2020/NĐ-CP

 

According to Article 19 of the Decree No. 96/2020/NĐ-CP of Vietnam’s Government, power delegated to market surveillance authorities to sanction administrative violations in the field of national border management and protection is specified as follows:

1. Market surveillance officials on duty are entitled to:

- issue warnings;

- impose a maximum fine of VND 500,000.

2. Leaders of district-level market surveillance teams affiliated to Provincial Market Surveillance Departments are entitled to:

- issue warnings;

- impose a maximum fine of VND 25,000,000;

- confiscate the exhibits and instrumentalities used for administrative violation commission, the value of which does not exceed the fine specified in Point b of this Clause;

- enforce the remedial measures mentioned in Points a, d and dd Clause 3 Article 3 hereof.

3. Director of Market Surveillance Operations Department affiliated to Vietnam Directorate of Market Surveillance, and Provincial Market Surveillance Departments are entitled to:

- issue warnings;

- impose a maximum fine of VND 50,000,000;

- confiscate the exhibits and instrumentalities used for administrative violation commission;

- suspend licenses and practicing certificates or suspend the operation;

- enforce the remedial measures mentioned in Points a, d and dd Clause 3 Article 3 hereof.

View more details at the Decree No. 96/2020/NĐ-CP of Vietnam’s Government, effective from October 10, 2020.

Le Vy

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