Trading in goods of unknown origin is a violation against Vietnam’s regulations. Those who commit this act may be prosecuted for criminal liability, and those who are light will be administratively sanctioned. So, how is the administrative penalty level determined?
Article table of contents
According to Article 17 of Decree No. 98/2020/NĐ-CP of Vietnam’s Government, violations involving expired goods or goods of unknown origin and involving in other violations are specified as follows:
- Trading in goods (except pesticides and animal feeds) past the expiration date indicated in their labels or packages;
- Swapping or changing labels or packages of goods, erasing or altering the expiration dates indicated on labels or packages of goods, or committing other frauds to extend the expiration dates of goods;
- Trading in goods of unknown origin;
- Trading in, transporting, storing or consuming minerals of illicit origin.
The violating entity shall be punished for committing the above-mentioned violations as follows:
- A fine ranging from VND 500.000 to VND 1.000.000 shall be imposed if the violation involves the goods worth from VND 1.000.000 to under VND 3.000.000.
- A fine ranging from VND 1.000.000 to VND 3.000.000 shall be imposed if the violation involves the goods worth from VND 3.000.000 to under VND 5.000.000.
- A fine ranging from VND 3.000.000 to VND 5.000.000 shall be imposed if the violation involves the goods worth from VND 5.000.000 to under VND 10.000.000.
- A fine ranging from VND 5.000.000 to VND 7.000.000 shall be imposed if the violation involves the goods worth from VND 10.000.000 to under VND 20.000.000.
- A fine ranging from VND 7.000.000 to VND 10.000.000 shall be imposed if the violation involves the goods worth from VND 20.000.000 to under VND 30.000.000.
- A fine ranging from VND 10.000.000 to VND 15.000.000 shall be imposed if the violation involves the goods worth from VND 30.000.000 to under VND 40.000.000.
- A fine ranging from VND 15.000.000 to VND 20.000.000 shall be imposed if the violation involves the goods worth from VND 40.000.000 to under VND 50.000.000.
- A fine ranging from VND 20.000.000 to VND 30.000.000 shall be imposed if the violation involves the goods worth from VND 50.000.000 to under VND 70.000.000.
- A fine ranging from VND 30.000.000 to VND 40.000.000 shall be imposed if the violation involves the goods worth from VND 70.000.000 to under VND 100.000.000.
- A fine ranging from VND 40.000.000 to VND 50.000.000 shall be imposed if the violation involves the goods worth VND 100.000.000 or more.
A fine that is twice as much as the corresponding fine prescribed above shall be imposed upon producer or importer committing the administrative violation or for the violation involving the goods which are:
- foods, food additives, food processing aids, food preservatives, preventive drugs, drugs, medicinal ingredients, cosmetics or medical devices;
- detergents, chemicals, insecticidal and microbicidal preparations for household and medical use, aqua environmental remediation products, livestock waste treatment products, veterinary drugs, fertilizers, cement, growth stimulants, plant varieties, animal breeds, aquatic breeds or aquaculture feeds; or
- other goods included in the list of conditional business lines.
In addition to the above-mentioned fines, the violating entity is also applied with additional penalties or compelled to take remedial measures, depending on each violation.
Thus, trading in goods of unknown origin shall be fined up to VND 100.000.000 in cases that are foods, food additives, cosmetics or medical devices, etc. which means goods that have a direct impact on human health and the environment will be sanctioned at twice the level of penalties for normal goods. The regulation of "stronger" punishment is due to the fact that these behaviors can have serious consequences for the community.
Thuy Tram
- Key word:
- Decree No. 98/2020/NĐ-CP
