Recently, the Government of Vietnam has 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. Notably, this Decree has stipulated penalties for acts of deceiving customers.
Article table of contents
Deceiving customers in providing services and goods shall be fined up to VND 20 million
According to Article 61 of the Decree No. 98/2020/NĐ-CP of Vietnam’s Government, penalties for swapping goods or cheating at delivery of goods or supply of services to customers or consumers or failing to make compensation/ refund or exchange swapped or cheated goods or services for customers or consumers are specified as follows:
- A fine ranging from VND 500.000 to VND 1.000.000 shall be imposed for one of the following violations involving the goods or services worth less than VND 5.000.000:
+ Failing to make compensation/ refund or exchange goods or services for customers or consumers due to mistakes;
+ Swapping goods or cheating at delivery of goods or supply of services to customers or consumers;
+ Failing to make compensation/ refund or exchange swapped or cheated goods or services for customers or consumers;
+ Deliberately cutting down packages, replacement parts and accessories, promotional goods, technical documents and instructions for use when selling goods or supplying services;
+ Conducting trade promotion or propose transaction directly with a person who is incapable of civil acts or an incapacitated person;
- A fine ranging from VND 1.000.000 to VND 5.000.000 shall be imposed for the violation mentioned above if the value of goods or services is from VND 5.000.000 to under VND 20.000.000.
- A fine ranging from VND 5.000.000 to VND 10.000.000 shall be imposed for the violation mentioned above if the value of goods or services is from VND 20.000.000 to under VND 50.000.000.
- A fine ranging from VND 10.000.000 to VND 15.000.000 shall be imposed for the violation in Clause 1 of this Article if the value of goods or services is from VND 50.000.000 to under VND 100.000.000.
- A fine ranging from VND 15.000.000 to VND 20.000.000 shall be imposed for the violation mentioned above if the value of goods or services is VND 100.000.000 or more.
Thus, according to the above provisions, from October 15, 2020, any organization/individual swapping goods or cheating at delivery of goods or supply of services to customers or failing to make compensation/ refund or exchange swapped or cheated goods or services for customers, etc. shall be fined up to VND 20 million if the value of goods or services is VND 100.000.000 or more.
Deception of customers by cunning and organized tricks is punishable by up to 5 years in prison
In addition to penalties for administrative violations according to Decree No. 98/2020/NĐ-CP of Vietnam’s Government, according to Article 198 of the Criminal Code 2015 of Vietnam, any person who fraudulently measures goods or services or commits other fraudulent acts while buying or selling goods/services in any of the following circumstances shall receive a warning, be liable to a fine of from VND 10,000,000 to VND 100,000,000 or face a penalty of up to 03 years' community sentence:
- The offender has incurred an administrative penalty or has an unspent conviction for the same offense;
- The illegal profit reaped is from VND 5,000,000 to under VND 50,000,000.
Concurrently, a fine of from VND 100,000,000 to VND 500,000,000 or a penalty of 01 - 05 years' imprisonment shall be imposed for the offense committed by an organized group; in a professional manner; involves the use of deceitful methods; the illegal profit earned is ≥ VND 50,000,000.
Thus, according to the above provisions, those who commit acts of swapping goods or cheating at delivery of goods or supply of services to customers or deceitful tricks other than the purpose of deceiving customers by many cunning and organized tricks shall be imposed a penalty of 01 - 05 years' imprisonment.
Ty Na
- Key word:
- Decree No. 98/2020/NĐ-CP
