Vietnam: Penalties for violations against regulations on management of tobacco industry machinery and equipment

According to Article 24 of Decree No. 98/2020/NĐ-CP of Vietnam’s Government, penalties for violations against regulations on management of tobacco industry machinery and equipment are specified as follows:

- A fine ranging from VND 5.000.000 to VND 10.000.000 shall be imposed for failing to strictly comply with regulations on reporting on import and use of tobacco industry machinery and equipment.

- A fine ranging from VND 10.000.000 to VND 20.000.000 shall be imposed for committing one of the following violations:

+ Liquidating or destroying tobacco industry machinery and equipment against regulations;

+ Failing to re-export tobacco industry machinery and equipment upon expiry of the permitted temporary import period.

- A fine ranging from VND 20.000.000 to VND 30.000.000 shall be imposed for using tobacco industry machinery and equipment without the license for manufacturing of tobacco products or license for processing of tobacco raw materials.

- A fine ranging from VND 30.000.000 to VND 50.000.000 shall be imposed for committing one of the following violations:

+ Buying, selling, hiring, leasing or performing other acts aiming to transfer the ownership or right to use tobacco industry machinery and equipment against regulations;

+ Importing tobacco industry machinery and equipment against regulations or using imported tobacco industry machinery and equipment of illicit origin.

In addition to the above-mentioned fines, the violating entity may also be applied with additional penalty, which is that the exhibits of administrative violations shall be confiscated.

Besides, the violating entity is also compelled to take remedial measures as follows:

- The entity is compelled to re-export tobacco industry machinery and equipment;

- The violating entity is compelled to return any benefits illegally obtained from the commission of the violation.

Thus, depending on each case of violation, the violating entities may be fined, apply the additional penalty of confiscation of material evidence for violations, and be forced to take remedial measures.

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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