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| THE GOVERNMENT | SOCIALIST REPUBLIC OF VIET NAM |
| No: 01-CP | Ha Noi , January 03, 1996 |
THE GOVERNMENT
Pursuant to the Law on Organization of the Government of September 30, 1992;
Proceeding from the Ordinance on the Handling of Violations of Administrative Regulations of July 6, 1995;
At the proposal of the Minister of Trade,
DECREES:
Article 1.- Scope and subjects of regulation:
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2. The violations of administrative regulations in the field of trade as speculated in this Decree include:
a) Violations of regulations on purchase, sale, export and import of goods.
b) Violations of service procedures in delivery, storage, preservation and transport of goods.
c) Violations of regulations on goods promotion, fair, trade exhibition, trade mediation and mandated trade transaction.
d) Violations of regulations on catering service, tourism, hostelry, inn accommodation, mortgage, repair of home appliances, renting of utensils, product warranty and other commercial services.
3. All organizations and individuals that commit acts of violation of administrative regulations in the field of trade shall be subjected to sanctions speculated in this Decree and the other Decrees and regulations of the Government on sanctions of violations of administrative regulations related to trade activities.
Foreign organizations and individuals that commit acts of violations of administrative regulations in the field of trade on the Vietnamese territory shall also be sanctioned as any Vietnamese organizations and individuals, except otherwise provided for in International Conventions that Vietnam has acceded to or signed.
Article 2.- The principles for administrative sanctions in the field of trade are as follows:
1. The authority in administering administrative sanctions in the field of trade shall be exercised in line with the provisions of the Ordinance on the Handling of Violations of Administrative Regulations.
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3. Each violation of administrative regulations shall receive only one sanction. A person who commits different violations of administrative regulations shall be administered sanctions for each of those violations. Many persons who commit one violation of administrative regulations shall each receive a sanction.
4. The sanctioning of the violation of administrative regulations shall be decided upon consideration of its nature, degree of seriousness, its aggravating and extenuating factors as provided for in Articles 7 and 8 of the Ordinance on the Handling of Violations of Administrative Regulations, so as to arrive at the appropriate form, degree and measure of sanction as provided for in this Decree and the other Decrees and regulations of the Government on administrative sanctions.
5. Administrative sanctions shall not be given to offenders who are suffering from psychological and other ailments which have deprived them of the reasoning power or the ability to control their own behaviors.
6. The time limit for administrative sanctions and the time considered as unstained by any administrative sanction shall be implemented as provided for in Articles 9 and 10 of the Ordinance on the Handling of Violations of Administrative Regulations.
1. In handling administrative sanctions as provided for by this Decree, the competent authority shall only resort to the forms of sanction and other measures already provided for by law.
2. Warning: Warning is applied to minor and firsttime offenders with extenuating factors.
3. Fine: Depending on the nature and degree of seriousness of the violation, the fine shall be decided within the set fine brackets.
A violation with extenuating factors may receive a lower fine but which shall not be below the lowest fine provided for in the set brackets.
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A violation with multiple aggravating factors as provided for in Item 3, Article 13, of the Ordinance on the Handling of Violations of Administrative Regulations shall be administered a fine as set for violations with multiple aggravating factors.
4. Additional sanctions and measures may be administered alongside administrative sanctions.
5. Depending on the nature and degree of seriousness of their violations of administrative regulations in the field of trade, individuals and organizations may also be given one or more of these additional sanctions:
- Definitive suspension of the service and business operation.
- Withdrawal of the right to use business permit for a given or indefinite period.
- Confiscation of goods, material evidences and instruments employed in the violation.
The confiscation of goods, material evidences and instruments employed in the violation shall be applied to the goods, material evidences and instruments the confiscation of which is provided for by law.
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1. A warning or a fine from 100,000 VND to 500,000 VND for one of the following violations:
a) Using expired business registration permit or expired representative office license.
b) Failure to declare the loss of the registration permit for business or representative office license.
c) Failure to keep at the head office the registration permit for business or representative office license as provided for by regulations.
2. Fine of from 200,000 VND to 1,000,000 VND for one of the following violations:
a) Not running public announcement on newspapers as required by regulations after receiving the business permit or after changing contents of the business permit or after dissolving the enterprise.
b) Continuing operation after being forced to suspend temporarily or terminate the operation of the business or the representative office.
3. A fine from 1,000,000 to 5,000,000 VND and revocation of the right to use permit for business or representative office license for up to 1 (one) year for one of the following violations:
a) Leasing or lending the permit for business or representative office license.
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c) Operating business activities not provided for in the permit for business or representative office license.
d) Altering the permit for business or representative office license.
4. A fine from 2,000,000 VND to 10,000,000 VND and a suspension of business operation for making a business transaction without registration or for operating the representative office without permit. In case of a violation with multiple aggravating factors, the fine may go up to 30,000,000 VND.
1. A warning or a fine from 50,000 VND to 200,000 VND for one of the following violations:
a) Using expired business permits.
b) Failure to declare the loss of a business permit.
c) Failure to keep the business permit at the place of business.
2. A fine from 100,000 VND to 500,000 VND for one of the following violations:
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b) Continuing a business operation which has been ordered to suspend or terminate.
3. A fine from 200,000 VND to 1,000,000 VND and revocation of the right to use the business permit for up to 1 (one) year for one of the following violations:
a) Altering the Business Permit.
b) Leasing or lending the Business Permit.
c) Hiring or borrowing the Business Permit to operate a business activity.
d) Operating businesses not provided for in the Business Permit.
4. A fine from 500,000 to 2,000,000 VND and suspension of business operation for a violation which involves a business operation without permit.
Article 6.- Sanctions against violations of the regulations on goods and banned business activities:
1. A fine from 500,000 to 5,000,000 VND and confiscation of the goods and instruments involved in the business operation dealing in services banned by the State. In case of multiple aggravating factors, the fine may go up to 30,000,000 VND.
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1. A fine from 200,000 VND to 1,000,000 VND for a business transaction of goods or service in the category requiring conditions if the transaction is undertaken without a certificate that the business conditions are met. To suspend the business operation until a certificate that the business conditions are met is obtained.
2. A fine from 1,000,000 VND to 5,000,000 VND for a business transaction of goods or service in the category requiring conditions if the transaction fails to meet the conditions. To force compensation for the damages; to force restoration to the original state of the changed state; to force application of the measures to overcome the environmental pollution and epidemic spread caused by the violation of administrative regulations. In cases of multiple aggravating factors, the fine may go up to 30,000,000 VND.
Article 8.- Sanctions against violations of administrative regulations on goods and services:
1. A warning or fine from 50,000 VND to 200,000 VND for failure to post prices of goods and services as required by the State.
2. A fine from 500,000 VND to 2,000,000 VND for a sale or service which carries a charge higher than set by the authorized State agency. To force compensation for the resulting damage; to confiscate the money obtained from the balance.
1. A fine from 100,000 VND to 500,000 VND for an undeclared change of the office of the representative office or enterprise, or of the operating site of the business person.
2. A fine from 500,000 VND to 2,000,000 VND for one of the following violations:
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b) The enterprise leases or lends its trade name at variance with the provisions of law.
c) The enterprise rents, borrows or use the trade name of another enterprise to do business at variance with the provisions of law.
Article 10.- Sanctions against violations in the relations with customers:
1. A warning or fine from 100,000 VND to 500,000 VND and forcible compensation for the damage caused by one of the following violations:
a) Refusal to carry out the product warranty and service set by the State or pledged by the enterprise itself.
b) Refusal to carry out the product warranty and service as required.
2. A fine from 200,000 VND to 1,000,000 VND and forcible compensation for the damage caused by one of the following violations:
a) Under weighing, under measuring or under counting goods for customers.
b) Changing the goods or committing any other acts of cheating that causes damage to customers.
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1. A fine from 100,000 VND to 500,000 VND for one of the following violations:
a) Using agent or serving as agent without meeting the conditions on agency in sale, purchase or service.
b) Using agent or serving as agent without contract as required by regulations.
2. A fine from 500,000 VND to 2,000,000 VND for an illegal business act committed in the name of an agent.
1. A fine from 500,000 VND to 3,000,000 VND for an act of serving as sales, purchase or service agent for a foreign party without a contract as required.
2. A fine from 3,000,000 VND to 10,000,000 VND and suspension or revocation of the right to use the agent permit for up to 1 (one) year for one of the following violations:
a) Serving as purchase, sales or service agent for a foreign party without an agent permit.
b) Serving as purchase, sales or service agent for a foreign party at variance with the agent permit.
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When the main organization abroad has gone bankcrupt or has been dissolved but its representative office or branch of its representative office do not cease its operation, the latter shall be sanctioned in accordance with Item 2, Article 20, of Decree No.82-CP of August 2nd, 1994, on the Regulations on Establishment and Operation of the Representative Offices of foreign economic organizations in Vietnam.
Article 14.- Sanctions against violations of the regulations on import and export of goods:
1. A fine from 1,000,000 VND to 5,000,000 VND for the authorization to use or the use of an expired import and export permit to import or export goods.
2. A fine from 2,000,000 VND to 10,000,000 VND, confiscation of the goods and material evidence involved, and revocation of the right or license to do business in direct import and export for up to 1 (one) year. In cases of multiple aggravating factors, the fine may go up to 50,000,000 VND for one of the following violations:
a) Export or import of goods outside the permitted scopes of goods categories and items for direct importexport business.
b) Export or import of goods in quantity and value not prescribed in the export or import permit.
3. A fine from 5,000,000 VND to 20,000,000 VND and confiscation of goods, material evidence involved. In cases of multiple aggravating factors, the fine may go up to 100,000,000 VND for one of the following violations:
a) Engaging in direct export or import without permit.
b) Export or import without permit of goods which require an export or import permit.
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d) Purchase, sales, assignment of export and import quotas already assigned (including quotas assigned to Vietnam by foreign parties).
1. A fine from 1,000,000 VND to 5,000,000 VND for a consignment of import or export of goods which is not in line with the business scope prescribed in the Business Registration or Business Permit on the lines and categories of goods.
2. A fine from 2,000,000 VND to 10,000,000 VND and revocation of the right to use business permit for direct import and export for up to 6 (six) months for the reception of import or export consignment which is not within the permitted scope of imports and exports.
Article 16.- Sanctions against violations of the regulations on transport of goods:
1. A fine from 1,000,000 VND to 5,000,000 VND and revocation of the right to use the permit for direct import and export for up to 6 (six) months for an act of transporting goods not consistent with the permit for goods transport.
2. A fine from 2,000,000 VND to 10,000,000 VND for an act of transporting goods without a permit for business operation in goods transport.
3. A fine from 5,000,000 VND to 20,000,000 VND and confiscation of goods and material evidences involved in the unauthorized distribution of goods on transit in Vietnamese territory. In case of multiple aggravating factors, the fine may go up to 100,000,000 VND.
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2. A fine from 2,000,000 VND to 10,000,000 VND for a transaction on temporary import for re-export without a relevant permit.
3. A fine from 5,000,000 VND to 20,000,000 VND and a confiscation of the involved goods and material evidences. In case of multiple aggravating factors, the fine may go up to 100,000,000 VND for one of the following violations:
a) Temporary import for re-export of goods which are banned from export or import (except for goods allowed by the State under separate regulations).
b) Unauthorized consumption within the Vietnamese territory of goods on temporary import for re-export.
1. A fine from 2,000,000 VND to 10,000,000 VND, and up to 50,000,000 VND in case of multiple aggravating factors, for a violation by a foreign-invested enterprise in distributing products within the Vietnamese territory in excess of the percentage or quantity, categories and value allowed for distribution in Vietnam.
2. A fine from 5,000,000 VND to 20,000,000 VND and confiscation of the involved goods and material evidences. In case of multiple aggravating factors, the fine may go up to 100,000,000 VND for an illegal distribution within the Vietnamese territory of the imports which are to be used for establishment of the joint-venture enterprise or enterprise with 100% foreign investment as prescribed in the investment license.
Article 19.- Sanctions against violations of the regulations on duty-free commodities:
1. A fine from 1,000,000 VND to 5,000,000 VND and suspension of business operation for a shop dealing in duty-free commodities without a relevant license.
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3. A fine from 5,000,000 VND to 20,000,000 VND and confiscation of the involved goods and material evidences, even 50,000,000 VND in case of multiple aggravating factors, and revocation of the right to deal in duty-free commodities for up to 6 (six) months, for a distribution of duty-free commodities in excess of the amount allowed for the duty-free shop regarding the imports for sale at the duty-free shop.
Article 20.- Sanctions against violations of the regulations on trade fair and exhibition:
1. A fine from 200,000 VND to 1,000,000 VND for an act of organizing a trade fair or an exhibition not consistent with the permit for business in organizing trade fairs and exhibitions or the permit for organizing such a trade fair or exhibition, and revocation of the permit for business in organizing trade fairs and exhibitions for up to 1 (one) year.
2. A fine from 500,000 VND to 2,000,000 VND for an act of organizing a trade fair or an exhibition without a permit for business in organizing trade fairs and exhibitions or a permit for organizing such a trade fair or exhibition.
3. A fine from 1,000,000 VND to 5,000,000 VND for one of the following violations:
a) Displaying or introducing goods and services which are banned from business and import by the State.
b) Selling goods and commodities on display and other goods at the trade fair or exhibition without permit.
c) Selling goods at the trade fair or exhibition which are not consistent with the authorized terms.
4. A fine from 5,000,000 VND to 15,000,000 VND for an act of illegal consumption of goods temporarily imported for display at a trade fair or exhibition, and confiscation of the involved goods and material evidences.
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A fine from 1,000,000 VND to 10,000,000 VND and confiscation of the involved material evidences and instruments, and up to 30,000,000 VND in case of multiple aggravating factors, for one of the following violations:
a) The owner or driver of the transport means intentionally transports goods which are banned by the State from business, or goods which are imported illegally.
b) The owner of stores, storage yards, houses, shops, etc., who intentionally stores, or assists in the consumption of goods which are banned by the State from business or goods which are imported illegally.
Article 22.- Sanctions against other violations by foreign individuals and organizations:
1. A fine from 1,000,000 VND to 5,000,000 VND for acts committed by foreign organizations and individuals in distributing within Vietnamese territory consumer goods which are imported duty free for use as provided for by regulations (except for those covered by Point (b), Item 2, of this Article).
2. A fine from 5,000,000 VND to 20,000,000 VND and confiscation of the involved goods and material evidences. In case of multiple aggravating factors, the fine may go up to 100,000,000 VND for foreign organizations and individuals who commit one of the following violations:
a) Operating a trading business within Vietnamese territory without permission by the competent State authority.
b) Selling within the Vietnamese territory communications means, communication equipment and office and interior equipment which have been imported duty free for use as provided for by regulations.
c) Selling within Vietnamese territory transport means, communications means temporarily brought into Vietnam.
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1. A warning or a fine from 200,000 VND to 1,000,000 VND for one of the following violations:
a) Failing to produce or not producing all the documents and papers related to the inspection of the violation.
b) Failing to report or to report not truthfully the content related to the inspection and handling of the violation.
2. A fine from 500,000 VND to 2,000,000 VND and a forcible compensation of the damage caused by one of the following violations:
a) To hinder the inspection and control of State agencies and their staffs that are assigned to conduct the inspection and control.
b) Intentionally to delay or evade the implementation of the administered sanction against the violation of administrative regulations.
3. A fine from 1,000,000 VND to 5,000,000 VND and forcible compensation for the losses of evacuated goods and material evidences involved in one of the following violations:
a) Deliberately to undo seals on goods and material evidences which are being sealed or temporarily detained.
b) To smuggle away goods and material evidences which are being inspected or temporarily detained.
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1. The President of the People's Committee of commune or ward or township has the authority to:
a) Issue warnings.
b) Order fines of up to 200,000 VND.
c) Confiscate goods, material evidences and tools which are employed in the violation of administrative regulations and which are valued up to 500,000 VND.
d) Forcible compensation of up to 500,000 VND for damage caused by the violation.
e) Forcible restoration to the original state what has been changed by the violation of administrative regulations.
f) Forcible suspension of activities which cause environmental pollution or spread of epidemics.
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2. The President of the People's Committee of district or provincial town or provincial city has the authority to:
a) Issue warnings.
b) Order fines of up to 10,000,000 VND.
c) Confiscate goods, material evidences and tools which are employed in the violation of administrative regulations and which are valued to 100,000,000 VND.
d) Revoke the right to use the permit for trade business issued by an authority of district level for up to 1 (one) year.
e) Order forcible compensation for up to 1,000,000 VND for the damage caused by the violation of administrative regulations.
f) Order forcible implementation of measures to overcome the consequences of the violation of administrative regulations.
g) Order forcible destruction as regulated of goods which are harmful to human health, and of depraved cultural products.
3. The President of the People's Committee of province or city directly under the Central Government has the authority to:
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b) Order fines of up to 100,000,000 VND.
c) Order the confiscation of goods, material evidences and tools which are employed in the violation of administrative regulations.
d) Order the revocation of the right to use the Trade Business Permit and Trade Business Registration issued by the province or city authority.
e) Apply other sanctioning measures stipulated in Points (e), (f) and (g), Item 2, of this Article.
1. The Controller on duty has the authority to:
a) Issue warnings.
b) Order fines of up to 200,000 VND.
2. The Chief of a Market-Management Team has the authority to:
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b) Order fines of up to 1,000,000 VND.
c) Order confiscation of goods, material evidences and tools which are employed in the violation of administrative regulations and which are valued up to 20,000,000 VND.
d) Order forcible destruction as regulated of the goods which are harmful to human health, and of depraved cultural products.
3. The Chief of a Regional Market-Management Station has the authority to:
a) Issue warnings.
b) Order fines of up to 10,000,000 VND
c) Order confiscation of the goods, material evidences and tools which are employed in the violation of administrative regulations and which are valued up to 100,000,000.
d) Order revocation for up to 1 (one) year of the right to use the business permits issued by district-level authority, and the other permits for trade activities issued by the provincial services.
e) Order forcible destruction as regulated of the goods which are harmful to human health, and of depraved cultural products.
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a) Issue warnings.
b) Order fines of up to 20,000,000 VND.
c) Order the confiscation of the goods, material evidences and tools which are employed in the violation of administrative regulations.
d) Order the revocation of the right to use the Business Permit, Business Registration and the other permits for trade activities issued by the local authorities.
e) Order the forcible destruction as regulated of the goods which are harmful to human health, and of depraved cultural products.
1. The competent authorities of the People's Police, Customs Office, Frontier Guard Force and Specialized Inspection Bodies have the authority to order sanctions against violations of administrative regulations in the field of trade as provided for in Articles 29 and 30 of the Ordinance on the Handling of Violations of Administrative Regulations.
2. In case the violation of administrative regulations in the field of trade falls within the jurisdiction of many specialized managerial authorities, the sanctioning shall be ordered by the first authority that handles the case.
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2. The violations of administrative regulations shall all be filed and stored in full at the offices of the sanctioning authorities for a period of time as regulated.
3. Organizations and individuals that are fined must pay the fines at the places specified in the sanctioning decisions. Direct collection of fines in any form by the sanctioning authority is prohibited.
4. In applying the form of confiscation of the material evidences and tools employed in the violation, the sanctioning authority shall strictly follow the procedure specified in Article 51 of the Ordinance on the Handling of Violations of Administrative Regulations. All goods, material evidences and tools involved in the violation which are confiscated shall be transferred to the financial authority of the same level for auction as regulated. The proceeds of the auction shall be remitted to the State Treasury as regulated.
5. The regime for the management and use of the fines, proceeds from auctions of the involved goods, material evidences and tools which are confiscated from the violations is effected according to Government provisions.
Article 28.- The implementation and enforcement of the sanction in the field of trade:
1. The organization and individual that is sanctioned for a violation of administrative regulations as provided for by this Decree shall strictly observe the sanctioning decision made by the competent authority within the specified period of time. If he/she/it refuses to implement the sanction or deliberately evades the sanction, forcible implementation shall be applied to ensure the implementation, as provided for in Article 55 of the Ordinance on the Handling of Violations of Administrative Regulations and Article 23 of this Decree.
2. In applying measures to force the implementation of the sanction against violation of administrative regulations, the competent authority shall strictly comply with the procedures and order of forcible implementation as prescribed by law.
1. In order to prevent promptly violations and ensure the handling of the violations of administrative regulations in the field of trade, the competent authority is allowed to apply preventive administrative measures as provided for in Article 38 of the Ordinance on the Handling of Violations of Administrative Regulations.
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1. Any citizen has the right to denounce to the competent State authority the acts of violation of administrative regulations committed by organizations and individuals, as well as the acts of violation committed by the competent authority in the handling of violations of administrative regulations in the field of trade.
2. The organizations and individuals that commit violations of administrative regulations and that are subjected to preventive administrative measures (or their legitimate representatives) have the right to complain about the sanctions or application of preventive measures against them.
3. The procedures, order, time limit and competence for complaint and denunciation as well as for the settlement of the complaints and denunciations shall be conducted as provided for by the Ordinance on the Handling of Violations of Administrative Regulations.
The competent authority in the handling of violations of administrative regulations in the field of trade who commits arbitrary actions, tolerance or coverup of wrongdoings, who refuses to handle or handles not in time, improperly, or at variance with his/her competence, or who usurps or uses without authorization the money, goods, material evidence and tools confiscated from the violation, causes obstacles to the lawful flow of goods and damage to business people, shall depending on the nature of the violation and the degree of its seriousness be subjected to administrative sanction or shall be examined for penal liability.
Article 32.- This Decree takes effect from the date of its signing. The previous provisions on sanctions against violations of administrative regulations in the field of trade which are contrary to this Decree are now annulled.
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ON BEHALF OF THE GOVERNMENT
FOR THE PRIME MINISTER
DEPUTY PRIME MINISTER
Phan Van Khai
THE GOVERNMENT
Vo Van Kiet
- 1Decree No. 50/2002/ND-CP of April 25, 2002, on sanctioning administrative violations in the field of tourism
- 2Ordinance No. 41-L/CTN of July 06, 1995, on the handling of violations of administrative regulations
- 3Decree of Government No.82-CP, promulgating the statute on the establishment and activities of the Representative Offices of foreign economic organizations in Vietnam.
Decree No. 01-CP of January 03, 1996, on sanctions against violations of administrative regulations in the field of trade.
- Số hiệu: 01-CP
- Loại văn bản: Nghị định
- Ngày ban hành: 03/01/1996
- Nơi ban hành: Chính phủ
- Người ký: Phan Văn Khải
- Ngày công báo: Đang cập nhật
- Số công báo: Đang cập nhật
- Ngày hiệu lực: Kiểm tra
- Tình trạng hiệu lực: Kiểm tra