Custom IN HANOI, VIETNAM

NEW: Offenses against regulations on labeling of imports shall be fined up to VND 60 million

16:49, 27/10/2020

Recently, the Government of Vietnam has issued the Decree No. 128/2020/NĐ-CP on penalties for administrative customs offenses. Offenses against regulations on labeling of imports shall be administratively sanctioned from December 10, 2020.

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This is a completely new regulation of the Decree No. 128/2020/NĐ-CP of Vietnam’s Government. Acts and fines for offenses against regulations on labeling of imports are specified in Article 22 of this Decree as follows:

1. Offenses imposed fines which are not calculated according to the value of infringing goods: A fine ranging from VND 1,000,000 to VND 3,000,000 shall be imposed for importing goods on which contents are illegible as prescribed by the law on goods labels but the importer fails to remedy the situation.

2. Offenses related to labeling of imports imposed fines which are calculated according to the value of infringing goods, including:

No.	Value of infringing goods	Penalties for importing goods whose labels contain incorrect compulsory contents as prescribed by the law on goods labels with respect to imports (except for counterfeit goods and goods with falsely declared Vietnamese origins)	Penalties for importing goods without original labels though original labels are compulsory
1	Less than VND 5,000,000	VND 500.000 - VND 1.000.000	VND 1.000.000 - VND 3.000.000
2	From VND 5,000,000 to less than VND 10,000,000	VND 1.000.000 - VND 3.000.000	VND 3.000.000 - VND 5.000.000
3	From VND 10,000,000 to less than VND 20,000,000	VND 3.000.000 - VND 7.000.000	VND 5.000.000 - VND 10.000.000
4	From VND 20,000,000 to less than VND 30,000,000	VND 7.000.000 - VND 10.000.000	VND 10.000.000 - VND 15.000.000
5	From VND 20,000,000 to less than VND 30,000,000	VND 10.000.000 - VND 15.000.000	VND 15.000.000 - VND 25.000.000
6	From VND 50,000,000 to less than VND 70,000,000	VND 15.000.000 - 20.000.000	VND 25.000.000 - VND 35.000.000
7	From VND 70,000,000 to less than VND 100.000.000	VND 20.000.000 - VND 25.000.000	VND 35.000.000 - VND 50.000.000
8	Worth VND 100,000,000 or more	VND 25.000.000 - VND 30.000.000	VND 50.000.000 - VND 60.000.000

Moreover, violating individuals and organizations are also subject to remedial measures:

- Remove from the territory of the Socialist Republic of Vietnam or re-export the exhibits of offenses in Article 22 of Decree No. 128/2020/NĐ-CP during the effective period of the decision on penalty imposition;

- Pay an amount equal to the value of the exhibits that have been sold, concealed and disguised or destroyed against the law if any of the offenses in Article 22 of Decree No. 128/2020/NĐ-CP is committed.

Thereby, it can be seen that the Decree No. 128/2020/NĐ-CP of Vietnam’s Government has completely new and stricter regulations to penalize organizations and individuals that violate regulations related to labeling of imports.

Decree No. 128/2020/NĐ-CP of Vietnam’s Government will take effect from December 10, 2020, and completely replace Decree No. 127/2013/NĐ-CP and Decree No. 45/2016/NĐ-CP. Relevant organizations and individuals should pay attention to the correct application of the law on sanctioning of administrative violations in the field of customs.

Hoa Hong

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