Vietnam: How are fines for manufacturing domestically sold tobacco products exceeding the permitted production output?

10:57, 31/08/2020

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.

Sản xuất sản lượng thuốc lá vượt mức cho phép, Nghị định 98/2020/NĐ-CP

According to Article 22 of Decree No. 98/2020/NĐ-CP of Vietnam’s Government, the following fines shall be imposed for manufacturing domestically sold tobacco products exceeding the permitted annual production output:

- A fine ranging from VND 10.000.000 to VND 20.000.000 shall be imposed if the exceeding level is less than 05%;

- A fine ranging from VND 20.000.000 to VND 30.000.000 shall be imposed if the exceeding level is from 05% to under 10%;

- A fine ranging from VND 30.000.000 to VND 50.000.000 shall be imposed if the exceeding level is from 10% to under 15%;

- A fine ranging from VND 50.000.000 to VND 70.000.000 shall be imposed if the exceeding level is from 15% to under 20%;

- A fine ranging from VND 70.000.000 to VND 100.000.000 shall be imposed if the exceeding level is 20% or more.

Concurrently, applying additional penalties as follows:

- The exhibits of the administrative violations shall be confiscated;

- The license for trade in tobacco products shall be suspended for a fixed period of 01 - 03 months if the violation is repeated or re-committed.

Remedial measure: The violating entity is compelled to return any benefits illegally obtained from the violation.

View more details at the Decree No. 98/2020/NĐ-CP of Vietnam’s Government, effective from October 15, 2020.

Thuy Tram

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