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

According to Article 87 of Decree No. 98/2020/NĐ-CP of Vietnam’s Government, power to impose penalties of inspectors in commerce, production and trade in counterfeit and prohibited goods, and protection of consumer rights is specified as follows:

1. On-duty inspectors and persons assigned to carry out specialized inspections 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;

- 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. Chief Inspectors of and Directors of Sub-directorates for Standard, Metrology and Quality affiliated to provincial Departments of Science and Technology, Directors of Branches of Vietnam Food Administration affiliated to Provincial Departments of Health, Directors of Crop Production and Plant Protection Sub-departments, Sub-departments of Livestock Production and Animal Health, Sub-departments of Fisheries, and Agro-Forestry-Fisheries Quality Assurance Sub-departments affiliated to Provincial Departments of Agriculture and Rural Development, Directors of Radio Frequency Centers and holders of equivalent titles assigned by the Government to carry out specialized inspections 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 prescribed herein.

3. Chief Inspectors of ministries, ministerial agencies, Director General of Directorate for Standards, Metrology and Quality, Director General of Vietnam Administration of Forestry, Director General of Directorate of Fisheries, Director General of General Department of Geology and Minerals of Vietnam, Director General of Vietnam Environment Administration, Director General of Vietnam Chemicals Agency, Director General of Industrial Safety Techniques and Environment Agency, Director General of Department of Animal Health, Director General of Plant Protection Department, Director General of Department of Crop Production, Director General of Department of Livestock Production, Director General of National Agro-Forestry-Fisheries Quality Assurance Department, Director General of Agro Processing and Market Development Authority, Director General of Authority of Radio Frequency Management, Director General of Vietnam Telecommunications Authority, Director General of Authority of Broadcasting and Electronic Information, Director General of Authority of Press, Director General of Agency of Publication, Print and Release, Director General of Drug Administration of Vietnam, Director General of Medical Examination and Treatment, Director General of Health Environment Management Agency, Director General of General Department of Preventive Medicine, Director General of Vietnam Food Administration and holders of equivalent titles assigned by the Government to carry out specialized inspections 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.

4. Heads of provincial-level specialized inspection teams and heads of specialized inspection teams established by competent authorities assigned to perform specialized inspection tasks shall have the power to impose penalties as prescribed in Clause 2 of this Article.

5. Heads of specialized inspection teams established by Ministries shall have the power to:

- Issue warning;

- Impose a fine up to VND 140.000.000 upon an individual and up to VND 280.000.000 upon an organization for committing one of the violations in Section 2 Chapter II hereof; a fine up to VND 70.000.000 upon an individual and up to VND 140.000.000 upon an organization for committing other violations prescribed herein;

- 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 prescribed herein.

View more details at the Decree No. 99/2020/NĐ-CP of Vietnam’s Government, effective from October 11, 2020.

Le Vy

>> CLICK HERE TO READ THIS ARTICLE IN VIETNAMESE