Vietnam: Determination of power to impose penalties for administrative violations against regulations on commerce and 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 take effect.

Phân định thẩm quyền xử phạt VPHC trong hoạt động TM và bảo vệ NTD , Nghị định 98/2020/NĐ-CP

According to Article 88 of Decree No. 98/2020/NĐ-CP of Vietnam’s Government, determination of power to impose penalties for administrative violations against regulations on commerce, production and trade in counterfeit and prohibited goods, and protection of consumer rights is as follows:

1. Chairpersons of people’s committees of all levels shall have the power to impose administrative penalties and remedial measures against administrative violations specified herein and committed in their management areas within their competence prescribed in Article 81 hereof.

2. Authorized officers of market surveillance forces shall have the power to impose administrative penalties and remedial measures against administrative violations specified herein within their competence prescribed in Article 82 hereof and within the ambit of their assigned functions, duties and powers.

3. Authorized officers of people’s public security forces shall have the power to impose administrative penalties and remedial measures against administrative violations specified hereof within their competence prescribed in Article 83 hereof and within the ambit of their assigned functions, duties and powers.

4. Authorized officers of customs agencies shall have the power to impose administrative penalties and remedial measures against administrative violations specified in Section 8 Chapter II hereof and administrative violations involving export, import, temporary import, temporary export and merchant trading of goods prescribed in Article 8, 9, 11, 13, 15, 16, 17, 18, 20, 24, 26, 27, 34, 35, 70, 71 and 72 hereof within their competence prescribed in Article 84 hereof and within the ambit of their assigned functions, duties and powers.

5. Authorized officers of border guard forces shall have the power to impose administrative penalties and remedial measures against administrative violations specified in Section 2 Chapter II and Articles 15, 17, 36, 37, 40, 41, 42 and 72 hereof within their competence prescribed in Article 85 hereof and within the ambit of their assigned functions, duties and powers.

6. Authorized officers of Vietnam Coast Guard shall have the power to impose administrative penalties and remedial measures against administrative violations specified in Section 2 Chapter II and Articles 15, 17, 36, 37, 40, 41, 42 and 72 hereof within their competence prescribed in Article 86 hereof and within the ambit of their assigned functions, duties and powers.

7. Authorized officers of inspectorates shall have the power to impose administrative penalties and remedial measures against administrative violations specified herein within their competence prescribed in Article 87 hereof and within the ambit of their assigned functions, duties and powers.

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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