Export or import of goods inaccurately representing national sovereignty shall be fined heavily in accordance with the Decree No. 128/2020/NĐ-CP of Vietnam’s Government on penalties for administrative customs offenses.
Specifically, according to Article 16 of the Decree No. 128/2020/NĐ-CP of Vietnam’s Government, penalties for export or import of goods with images or contents inaccurately representing national sovereignty or other contents affecting security, politics, economy, society and diplomatic relations of Vietnam are as follows:
- A fine ranging from VND 10,000,000 to VND 20,000,000 shall be imposed if there are fewer than 20 units of product involved in the offense;
- A fine ranging from VND 20,000,000 to VND 30,000,000 shall be imposed if there are from 20 to fewer than 50 units of product involved in the offense;
- A fine ranging from VND 30,000,000 to VND 50,000,000 shall be imposed if there are from 50 to fewer than 70 units of product involved in the offense;
- A fine ranging from VND 50,000,000 to VND 70,000,000 shall be imposed if there are from 70 to fewer than 100 units of product involved in the offense;
- A fine ranging from VND 50,000,000 to VND 70,000,000 shall be imposed if there are 100 units of product or more involved in the offense.
Thus, export or import of goods inaccurately representing national sovereignty shall be fined up to VND 100,000,000.
In addition to being imposed fines, offenders may also be applied additional penalties that the exhibits which are goods with images or contents inaccurately representing national sovereignty or other contents affecting security, politics, economy, society and diplomatic relations of Vietnam shall be confiscated.
Concurrently, offenders are also applied remedial measures, which mean that offenders are compelled to pay an amount equal to the value of the exhibits that have been sold, concealed and disguised or destroyed against the law.
Note: The fines mentioned above are applied to organizations. According to Point a Clause 3 Article 5 of the Decree No. 128/2020/NĐ-CP of Vietnam’s Government, the fines imposed upon an individual is 1/2 of those imposed upon an organization. Thus, an individual who violates regulation on export or import of goods inaccurately representing national sovereignty shall be fined up to VND 50,000,000.
- Warnings shall be imposed on persons from 14 to under 16 years of age who commit the offense.
In summary, fines for export or import of goods inaccurately representing national sovereignty shall be up to VND 100,000,000 for organizations and up to 50,000,000 for individuals. These are new regulations of the Decree No. 128/2020/NĐ-CP of Vietnam’s Government, which will take effect from December 10, 2020 and replace the Decree No. 127/2013/NĐ-CP.
Thuy Tram
- Key word:
- Decree No. 128/2020/NĐ-CP