Vietnam: How to determine the value of products and goods in violation of standards and measurements?

On December 18, 2018, the Ministry of Science and Technology of Vietnam issued Circular No. 18/2018/TT-BKHCN on guidelines for implementation of a number of Articles of Decree No. 119/2017/ND-CP of Vietnam’s Government on penalties for administrative violations against regulations on standards, measurement and quality of products and goods.

According to Circular No. 18/2018/TT-BKHCN of the Ministry of Science and Technology of Vietnam, the determination of value of unconformable goods and goods that have been sold is prescribed as follows:

1. The value of unconformable goods shall be determined as prescribed in Article 60 of the Law on Handling of Administrative Violations. Total value of unconformable goods on the date of administrative violations shall be determined according to the following formula:

Total value of unconformable goods

=

Quantity of unconformable goods discovered on the inspection date

x

Price of unconformable goods

2. The value of unconformable goods that have been sold shall be determined as a basis for calculating fines specified in Article 17, 18, 19 and 20 of Decree No. 119/2017/ND-CP of Vietnam’s Government under regulations in Article 13b of Decree No. 132/2008/ND-CP amended in Clause 6 Article 1 of Decree No. 74/2018/ND-CP

View principles for imposing penalties at Circular No. 18/2018/TT-BKHCN of the Ministry of Science and Technology of Vietnam, effective from February 15, 2019.

- Thanh Lam -

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