Vietnam: Power to impose penalties of customs agencies in commerce and protection of consumer rights

According to Article 84 of Decree No. 98/2020/NĐ-CP of Vietnam’s Government, power to impose penalties of customs agencies in commerce, production and trade in counterfeit and prohibited goods, and protection of consumer rights is as follows:

1. Customs officials on duty shall have the power to:

- Issue warning;

- Impose a fine up to VND 500.000 upon an individual and up to VND 1.000.000 upon an organization.

2. Team leaders of Customs Branches and team leaders of Post-clearance Audit Branches 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.

3. Directors of Customs Branches, Directors of Post-clearance Audit Branches, leaders of customs control teams affiliated to Customs Departments of provinces, leaders of anti-smuggling control teams, commanders of marine control squads and leaders of intellectual property protection and control teams affiliated to Anti-smuggling and Investigation Department of General Department of Customs shall have the power to:

- Issue warning;

- Impose a fine up to VND 25.000.000 upon an individual and up to VND 50.000.000 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;

- Enforce the remedial measures specified in Points a, b, d and e Clause 3 Article 4 hereof.

4. Directors of Anti-smuggling and Investigation Department and Post-clearance Audit Department affiliated to General Department of Customs, and Directors of Customs Departments of provinces 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 a, b, d and e Clause 3 Article 4 hereof.

5. Director General of General Department of Customs shall have the power to:  

- Issue warning;

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

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

- Impose the remedial measures specified in Points a, b, d and e Clause 3 Article 4 hereof.

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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