Vietnam: Power to impose penalties of market surveillance forces in commerce

According to Article 82 of Decree No. 98/2020/NĐ-CP of Vietnam’s Government, power to impose penalties of market surveillance forces in commerce, production and trade in counterfeit and prohibited goods, and protection of consumer rights is as follows:

1. Market controllers 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. Leaders of market surveillance teams 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;

- Impose the remedial measures prescribed herein, except the remedial measure prescribed in Point a Clause 3 Article 4 hereof.

3. Directors of Provincial Market Surveillance Departments and Director of Market Surveillance Operations Department affiliated to Vietnam Directorate of Market Surveillance 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;

- 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;

- Suspend licenses/practicing certificates or suspend operations for fixed periods;

- Impose the remedial measures prescribed herein.

4. Director General of Vietnam Directorate of Market Surveillance 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;

- Suspend licenses/practicing certificates or suspend operations for fixed periods;

- 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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