Vietnam: Power to impose penalties of Chairpersons of People’s Committees at all levels in commerce

On August 26, 2020, the Government of Vietnam 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.

Thẩm quyền của CT UBND các cấp xử phạt HC trong hoạt động thương mại , Nghị định 98/2020/NĐ-CP

According to Article 81 of Decree No. 98/2020/NĐ-CP of Vietnam’s Government, power to impose penalties of Chairpersons of People’s Committees at all levels is as follows:

1. Chairpersons of communal-level People’s Committees shall have the power to:

- Issue warning;

- Impose a fine up to VND 5.000.000 upon an individual and up to VND 10.000.000 upon an organization;

- Confiscate the exhibits and instrumentalities which have been used for committing administrative violations but are worth less than the fine specified in Point b of this Clause;

- Impose the remedial measure specified in Point b Clause 3 Article 4 hereof.

2. Chairpersons of district-level People’s Committees shall have the power to:

- Issue warning;

- Impose a fine up to VND 50.000.000 upon an individual and up to VND 100.000.000 upon an organization;

- Suspend licenses/practicing certificates or operations for a fixed period;

- Confiscate the exhibits and instrumentalities which have been used for committing administrative violations but are worth less than the fine specified in Point b of this Clause;

- Impose the remedial measures specified in Points b, c, dd, e, g, h, i and k Clause 3 Article 4 hereof.

3. Chairpersons of provincial-level People’s Committees shall have the power to:

- Issue warning;

- Impose a fine up to the maximum fine prescribed herein;

- Suspend licenses/practicing certificates or operations for a fixed period;

- Confiscate the exhibits and instrumentalities used for committing administrative violations;

- Impose the remedial measures prescribed herein.

View more details at the Decree No. 98/2020/NĐ-CP of Vietnam’s Government, issued on August 24, 2020.

Le Vy

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