Vietnam: Acts of violations in import and export and fines therefor

Decree No. 185/2013/NĐ-CP of Vietnam’s Government on the penalties of administrative violations in commercial activities, production of, trading in counterfeit goods or banned goods and protection of consumer rights takes effect from January 01, 2014. This Decree specifies fines for acts of violations in import and export as follows:

DOWNLOAD Acts of violations in import and export and fines therefor

NO.

Group of violation

Violation

Fine (VND)

1

Acts of violations in goods banned from import or export

Acts of export, import of goods banned from export or import in case where infringing goods have values of less than VND 20,000,000

10,000,000 - 20,000,000

Acts of export, import of goods banned from export or import in case where infringing goods have values of between VND 20,000,000 and less than VND 50,000,000

20,000,000 - 30,000,000

Acts of export, import of goods banned from export or import in case where infringing goods have values of between VND 50,000,000 and less than VND 100,000,000

30,000,000 - 50,000,000

Acts of export, import of goods banned from export or import in case where infringing goods have values of between VND 70,000,000 and less than VND 100,000,000

50,000,000 - 70,000,000

Acts of export, import of goods banned from export or import in case where infringing goods are valued at VND 100,000,000 or more but not prosecuted for criminal responsibility

70,000,000 - 100,000,000

2

Acts of violations regarding goods suspended from import or export

Acts of export and import of goods under the list of goods being suspended from import or export without written permission of the competent State management agencies in case where infringing goods have values of less than VND 20,000,000

5,000,000 - 10,000,000

Acts of export and import of goods under the list of goods being suspended from import or export without written permission of the competent State management agencies in case where infringing goods have values of between VND 20,000,000 and less than VND 50,000,000

10,000,000 - 30,000,000

Acts of export and import of goods under the list of goods being suspended from import or export without written permission of the competent State management agencies in case where infringing goods have values of between VND 50,000,000 and less than VND 70,000,000

30,000,000 - 50,000,000

Acts of export and import of goods under the list of goods being suspended from import or export without written permission of the competent State management agencies in case where infringing goods have values of between VND 70,000,000 and less than VND 100,000,000

50,000,000 - 70,000,000

Acts of export and import of goods under the list of goods being suspended from import or export without written permission of the competent State management agencies in case where infringing goods are valued at VND 100,000,000 or more but not prosecuted for criminal responsibility

70,000,000 - 80,000,000

3

Acts of violations on quotas, goods export or import licenses

Acts of arbitrarily erasing, modifying, supplementing, changing contents of quotas, goods export or import

5,000,000 - 10,000,000

Acts of counterfeiting or illegally using quotas, goods export or import licenses

10,000,000 - 20,000,000

Acts of exporting, importing goods which must have quotas, export licenses, import licenses as prescribed but do not have quotas, goods export or import licenses in case where infringing goods have values of less than VND 20,000,000

5,000,000 - 10,000,000

Acts of exporting, importing goods which must have quotas, export licenses, import licenses as prescribed but do not have quotas, goods export or import licenses in case where infringing goods have values of between VND 20,000,000 and less than VND 50,000,000

10,000,000 - 20,000,000

Acts of exporting, importing goods which must have quotas, export licenses, import licenses as prescribed but do not have quotas, goods export or import licenses in case where infringing goods have values of between VND 50,000,000 and less than VND 70,000,000

20,000,000 - 30,000,000

Acts of exporting, importing goods which must have quotas, export licenses, import licenses as prescribed but do not have quotas, goods export or import licenses in case where infringing goods have values of between VND 70,000,000 and less than VND 100,000,000

30,000,000 - 50,000,000

Acts of exporting, importing goods which must have quotas, export licenses, import licenses as prescribed but do not have quotas, goods export or import licenses in case where infringing goods are valued at VND 100,000,000 or more but not prosecuted for criminal responsibility

50,000,000 - 70,000,000

4

Acts of violation on entrusting the goods export and import

Acts of entrusting or receiving entrustment to export and import of goods which are in the list of goods temporarily imported for re-export, temporary exported and re-import with conditions but do not satisfy business conditions as prescribed

10,000,000 - 20,000,000

Acts of entrusting or receiving entrustment to export and import of goods which are under the list of goods being exported or imported by quotas or export licenses, import licenses that the entrust party and entrusted party have no quotas or licenses of the competent state agencies as prescribed

20,000,000 - 30,000,000

Acts of entrusting or receiving entrustment to export and import of goods under the list of goods suspended from export or export

30,000,000 - 40,000,000

Acts of entrusting or receiving entrustment to export and import of goods under the list of goods banned from export or import

40,000,000 - 50,000,000

5

Acts of violations on temporary import for re-export or temporary export for re-import of goods

Acts of arbitrarily erasing, modifying, amending, supplementing, changing contents of the licenses on temporary import for re-export, the licenses on temporary export for re-import of goods which are under the list of goods banned from export or import, export or import suspension

5,000,000 - 10,000,000

Acts of counterfeiting or illegally using the licenses on temporary import for re-export, the licenses on temporary export for re-import of goods which are under the list of goods banned from export or import, export or import suspension

10,000,000 - 20,000,000

Acts of trading goods of temporary import for re-export which are under the list of goods temporarily imported for re-export with conditions but do not satisfy business conditions as prescribed

20,000,000 - 40,000,000

Acts of trading temporary import for re-export, temporary export and re-import of goods required to be licensed by the competent State agencies but do not have licenses as prescribed

40,000,000 - 80,000,000

Acts of trading temporary import for re-export, temporary export for re-import of goods which are under the list of goods banned from trading temporary import for re-export and suspension of trading temporary import for re-export

80,000,000 - 100,000,000

6

Acts of violation on goods border-gate transfer

Acts of arbitrarily erasing, modifying, supplementing, changing contents of licenses on goods border-gate transfer

5,000,000 - 10,000,000

Acts of counterfeiting or illegally using licenses on goods border-gate transfer

10,000,000 - 20,000,000

Acts of border-gate transfer which do not comply with categories or exceed the quantities of goods specified in the licenses granted by the competent state agencies

20,000,000 - 30,000,000

Acts of goods border-gate transfer which are required to have licenses to be granted by the competent state agencies but do not have licenses

30,000,000 - 50,000,000

Acts of transferring border gate for categories of products which are under the list of goods suspended from border-gate transfer

50,000,000 - 80,000,000

Acts of transferring border gate for categories of products which are under the list of goods banned from border-gate transfer

80,000,000 - 100,000,000

7

Acts of violation on goods transit

Transit improperly with routes, border gates allowed unless transit

10,000,000 - 20,000,000

Transit of goods required to have licenses but do not follow the right routes or border gates which are permitted for transit

20,000,000 - 30,000,000

Goods in transit are stored in the territory of Vietnam beyond the permitted duration

Acts of transiting goods which are required to have licenses to be granted by the competent state agencies but do not have licenses

30,000,000 - 40,000,000

Illegal consumption of goods or means in transit on the territory of Vietnam

40,000,000 - 50,000,000

8

Acts of violation on activities of duty-free stores

Acts of selling duty-free goods in excess of the prescribed quantity

2,000,000 - 3,000,000

Acts of selling tax-exempted goods to improper buyers

3,000,000 - 5,000,000

Acts of trading goods without the stamp "Vietnam duty not paid" as prescribed or selling duty-free goods which are cigars, cigarettes produced in foreign countries or goods subject to conditional export or import without export or import licenses as prescribed in case where infringing goods has a value of less than VND 2,000,000

A warning or a fine of between VND 500,000 and 1,000,000

Acts of trading goods without the stamp "Vietnam duty not paid" as prescribed or selling duty-free goods which are cigars, cigarettes produced in foreign countries or goods subject to conditional export or import without export or import licenses as prescribed in case where infringing goods has a value of between VND 2,000,000 and less than VND 5,000,000

1,000,000 - 3,000,000

Acts of trading goods without the stamp "Vietnam duty not paid" as prescribed or selling duty-free goods which are cigars, cigarettes produced in foreign countries or goods subject to conditional export or import without export or import licenses as prescribed in case where infringing goods has a value of between VND 5,000,000 and less than VND 10,000,000

3,000,000 - 5,000,000

Acts of trading goods without the stamp "Vietnam duty not paid" as prescribed or selling duty-free goods which are cigars, cigarettes produced in foreign countries or goods subject to conditional export or import without export or import licenses as prescribed in case where infringing goods has a value of between VND 10,000,000 and less than VND 20,000,000

5,000,000 - 10,000,000

Acts of trading goods without the stamp "Vietnam duty not paid" as prescribed or selling duty-free goods which are cigars, cigarettes produced in foreign countries or goods subject to conditional export or import without export or import licenses as prescribed in case where infringing goods has a value of between VND 20,000,000 and less than VND 30,000,000

10,000,000 - 20,000,000

Acts of trading goods without the stamp "Vietnam duty not paid" as prescribed or selling duty-free goods which are cigars, cigarettes produced in foreign countries or goods subject to conditional export or import without export or import licenses as prescribed in case where infringing goods has a value of between VND 30,000,000 and less than VND 50,000,000

20,000,000 - 30,000,000

Acts of trading goods without the stamp "Vietnam duty not paid" as prescribed or selling duty-free goods which are cigars, cigarettes produced in foreign countries or goods subject to conditional export or import without export or import licenses as prescribed in case where infringing goods have a value of VND 50,000,000 and more

30,000,000 - 40,000,000

Illegal consumption in domestic market of goods which are permitted to import for sale at duty-free shops

40,000,000 - 50,000,000

Illegal consumption in domestic market of goods which are permitted to import for sale at duty-free shops

Acts of selling at duty-free shops goods which are banned from export or import, or suspended export or import as prescribed

50,000,000 - 70,000,000

9

Violations in origin of imported, exported goods

Deliberate falsification of Certificate of Origin or documents of self-certification of product origin, or written approval for self-certification of product origin issued by competent agencies

10,000,000 - 20,000,000

Supply of falsified documents or materials to competent agencies as requested or for verification of Certificate of Product Origin

20,000,000 - 30,000,000

Falsify product origin as granted the right to self-certify product origin by competent state agencies

30,000,000 - 40,000,000

Forge Certificate of Product Origin or documents of self-certification of product origin

Supply falsified documents or materials to competent agencies as requested for self-certification of product origin or for verification of documents of self-certification of product origin

Use of fake certificate of product origin or documents of self-certification of product origin

40,000,000 - 50,000,000

10

Acts of violation on processing goods with foreign elements

Acts of ordering goods to be processed or receiving orders to process goods from foreign traders without a contract as stipulated

10,000,000 - 20,000,000

Consume in Vietnam market machineries, equipment leased or borrowed or raw materials, auxiliary materials, excess materials, substandard products, scraps temporarily imported to perform processing and products from processing goods for foreign traders which do not comply with regulations

20,000,000 - 40,000,000

Forge processing contracts with foreign traders

Acts of ordering processed goods or receiving an order to process goods from foreign traders which are required to have a export, import license but without a permission of competent state agencies as prescribed

40,000,000 - 70,000,000

Process goods for foreign traders, goods which are under the list of goods banned from export or import and import or export suspension without the written consent of the competent state management agencies as prescribed

70,000,000 - 100,000,000

Order processing of goods in overseas to consume in domestic market goods banned from export or import, export or import suspension or goods which are subject to emergency measures, banned from circulation, revoked, suspended from circulation or counterfeit goods and goods which do not ensure food safety

Legal basis:

- Decree No. 185/2013/NĐ-CP of Vietnam’s Government on the penalties of administrative violations in commercial activities, production of, trading in counterfeit goods or banned goods and protection of consumer rights.

- Decree No. 124/2015/NĐ-CP of Vietnam’s Government providing amendments and supplements to a number of articles of Decree No. 185/2013/NĐ-CP regulating penalties for administrative violations in commercial activities, production and trading in counterfeit and banned goods, and protection of consumer rights.

 Nguyen Trinh

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