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| THE GOVERNMENT | SOCIALIST REPUBLIC OF VIET NAM |
| No. 57-CP | Hanoi, May 31, 1997 |
ON SANCTIONS AGAINST ADMINISTRATIVE VIOLATIONS IN THE MEASUREMENT AND QUALITY OF GOODS
THE GOVERNMENT
Pursuant to the Law on Organization of the Government of September 30, 1992;
Pursuant to the Ordinance on Measurements of July 6, 1990;
Pursuant to the Ordinance on the Goods Quality of December 27, 1990;
Pursuant to the Ordinance on the Handling of Administrative Violations of July 6, 1995;
At the proposal of the Minister of Science, Technology and Environment,
DECREES:
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1. Administrative violations in the domain of measurement and quality of goods are acts in violation of the management regulations of the State concerning measurement and quality of goods committed by an organization or individual whether intentionally or unwillingly which are not serious enough to be examined for penal liability.
2. All organizations or individuals that commit administrative violations in the domain of measurement and quality of goods shall be sanctioned according to this Decree.
A foreign organization or individual that commits an act of administrative violation in the domain of measurement and quality of goods on Vietnamese territory shall also be sanctioned according to this Decree, unless otherwise stipulated in an international convention which Vietnam has signed or acceded to.
a/ The person competent to hand the sanction can apply only the other forms and measures of sanction already defined by law;
b/Warning: this sanction applies only to minor violations, for the first time and with extenuating factors;
c/ Fines: The level of fine shall be determined on the basis of the character and seriousness of the violations and the personal records of the offender and within the prescribed framework of fines.
A violation with extenuating factors may enjoy a low fine but not lower than the lowest level in the framework of fines already stipulated.
A violation with aggravating factors may be handed the highest fine in the framework already stipulated.
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- Stripping for a limited or unlimited time of the permits, certificates and other papers issued by competent State agencies in the domain of measurement and quality of goods. If he or she detects that the permit issued does not fall within the competence of the issuer or the permit contains provisions contrary to law, the person with sanctioning competence shall have to retrieve it immediately and report it to the competent State agency.
- Confiscation of evidences and means used in the administrative violation and within the limit prescribed by law.
- Temporary suspension of business activities if the violation is deemed liable to affect the safety, hygiene and environment and the economy; temporary suspension of the production, repair and test of the means of measurement which violate the Ordinance on Measurement; suspension of the use or the circulation of the illegal means of measurement or goods which have been packaged not in conformity with the quantity prescribed by measurement norms.
- Forcible implementation of measures to overcome the pollution of living environment, spread of disease caused by the administrative violation.
- Forcible compensation for the damage caused by the administrative violation.
- Forcible destruction of the agents causing damage to human health.
e/ Principles for compensation of damage:
The compensation of damage caused by administrative violations in the domain of measurement and quality of goods is effected on the principle between the offender and the victimized party. For the material damage caused by an administrative violation of measurement and quality of goods valued up to 1,000,000 VND, if the two parties cannot agree on the compensation, the person with sanctioning competence shall decide the level of compensation. If the damage exceeds 1,000,000 VND, the case shall be settled according to the civil legal proceedings.
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ACTS OF ADMINISTRATIVE VIOLATION IN THE DOMAIN OF MEASUREMENT AND QUALITY
OF GOODS -- FORMS AND LEVELS OF SANCTION
1. Warning or a fine of 100,000 VND to 500,000 VND for one of the following acts:
a/ Producing means of measurement without license of production at the State management agency on measurement;
b/ Using a license for production of a measurement means which has expired its validity;
c/ Producing a measurement means before its model is approved.
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a/ Forcible registration for model or production license of measurement means within a certain time limit but failing to register after expiry of that time limit;
b/ Failing to carry out initial test use of the measurement means before taking the goods out of the store or before putting it into use;
c/ Lending the license of this measurement means to another person.
3. A fine of 2,000,000 VND to 5,000,000 VND for the act of producing a measurement means not up to mark for measurement (failing in the test measurement).
4. A fine of 5,000,000 VND to 20,000,000 VND for one of the following acts:
a/ Producing a measurement means without writing or carving on it truthfully the regulations on lawful units of measurement;
b/ The measurement means of the production establishments assigned to check the means does not meet the registered technical norms.
5. Additional sanctions and other measures with regard to the acts of violations prescribed in this Article:
a/ A violation of Item 1 and Point a of Item 2 of this Article shall lead to the temporary suspension of the production until the procedures for registration of license are completed;
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c/ A violation of Item 3 and Point b of Item 4 of this Article shall lead to the forcible repair and readjustment of the measurement means already produced in order to make it comply with the registered technical norms;
d/ A violation of Point a of Item 4 of this Article shall lead to the confiscation or destruction of the measurement means on which the inscriptions or carvings do not comply with the norms on legal measurement units.
1. Warning or a fine of 100,000 VND to 500,000 VND for one of the following acts:
a/ The repair of the means does not comply with the contents already registered at the State managerial agency on measurement;
b/ Failure to effect the initial expertise.
2. A fine of 500,000 VND to 2,000,000 VND for the acts of repair of the measurement means without registering at the State managerial agency for measurement.
3. Additional sanctions and other measures against violations of this Article:
a/ A violation of Point b, Item 1 of this Article shall lead to the forcible carrying out of the initial expertise;
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1. Warning or a fine of 100,000 VND to 500,000 VND for one of the following acts:
a/ Trading in measurement means of which the models have not been approved;
b/ Trading in measurement means which have not been registered for production;
c/ Trading in measurement means which have not gone through initial expertise.
2. A fine of 500,000 VND to 2,000,000 VND for acts of trading in measurement means not up to the measurement norms.
3. A fine of 2,000,000 VND to 10,000,000 VND for acts of importing measurement means without permission of the competent State managerial agency on measurement.
4. Additional forms of sanction and other measures against acts of violations of this Article:
a/ Forcible compensation for damage caused by the administrative violation;
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c/ A violation of Item 2 of this Article shall lead to the suspension of the sale of the measurement means that does not meet the requirements on measurement;
d/ A violation of Item 3 of this Article shall lead to the suspension of the import until the procedures of application for permit are completed.
1. Warning or a fine of 100,000 VND to 500,000 VND for one of the following acts:
a/ Using measurement means without certificate of expertise or with an indiscernible seal of expertise or with a torn or shattered stamp;
b/ Using an expertise certificate which has expired its validity;
c/ Violating the measurement permit without causing property damage or causing no serious property damage .
2. A fine of 500,000 VND to 2,000,000 VND for one of the following acts:
a/ Using a measurement means which has not been expertised;
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3. A fine of 2,000,000 VND to 10,000,000 VND for one of the following acts:
a/ Forcible expertise of the measurement means within a given period but after which the measure is still not carried out;
b/ The measurement means does not meet the requirements in measurement.
4. A fine of 10,000,000 VND to 20,000,000 VND for a fraudulent act in the conduct of a measurement.
5. Additional sanctions and other measures against the violations of this Article:
a/ Forcible compensation for the damage caused by the administrative violation;
b/ A violation of Point a, Item 2 of this Article shall lead to the suspension of the use of the measurement means and its forcible expertise;
c/ A violation of Point b, Item 3 of this Article shall lead to the forcible suspension of the use of the measurement means in order to repair, readjust and expertise it;
d/ A violation of Item 4 of this Article shall lead to the forcible suspension and stripping for six months of the right to use the certificate of expertise of the measurement means.
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1. Warning or a fine of 100,000 VND to 500,000 VND for failing to indicate the prescribed quantity on the package.
2. A fine of 500,000 VND to 2,000,000 VND for producing packaged goods which fall short of the quantity indicated on the package.
3. A fine of 2,000,000 to 10,000,000 VND for an act of fakery or fraudulence in the inscriptions on the label or on the package which cause misunderstanding about the real quantity of the goods inside the package.
4. Additional sanctions and other measures against violations of this Article:
a/ Compensation for the damage caused by the administrative violation;
b/ A violation of Items 2 and 3 of this Article shall lead to the temporary suspension of production and forcible repackaging in conformity with the posted quantity.
1. Warning or a fine of 50,000 to 200,000 VND for an act of trading of goods without posting the quantity on the package as prescribed.
2. A fine of 200,000 VND to 1,000,000 VND for an act of trading of packaged goods which fall under the posted quantity.
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A violation of Item 2 of this Article shall lead to the forcible suspension of the circulation of the goods and forcible implementation of remedial measures.
1. Warning or a fine of 100,000 VND to 500,000 VND for one of the following acts:
a/ Using a goods quality registration which has expired its validity;
b/ There have been changes in the goods compared with the contents already registered but the producer fails to inform in time to the State managerial agency on goods quality.
2. A fine of 500,000 VND to 2,000,000 VND for one of the following acts:
a/ Producing goods without quality criteria or failing to register the quality of the goods in the categories which must be registered for quality;
b/ Failing to register the quality of goods which need to be registered after a given period after expiry of that period;
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3. A fine of 2,000,000 VND to 5,000,000 VND for an act of producing goods with quality lower than that already registered.
4. A fine of 5,000,000 VND to 20,000,000 VND for an act of producing goods which belong to the categories which must comply with Vietnamese standards but the quality of which falls under the registered mark.
5. Additional sanctions and other measures against the violations of this Article:
a/ Violation of Points a and b of Item 2 of this Article shall also lead to the forcible new registration of quality;
b/ A violation of Point c of Item 2 and Item 3 of this Article shall also lead to the forcible temporary suspension of the delivery of goods and the remaking of the substandard lot of goods;
c/ A violation of Item 4 of this Article shall lead to the forcible compensation for the damage caused by the violation, forcible re-manufacture or destruction of the substandard goods likely to cause damage to human health, cause pollution to the environment, forcible overcoming of the pollution of the environment, or the spread of disease caused by the violation.
1. Warning or a fine of 100,000 VND to 500,000 VND for an act of using a certificate of standard which has expired its validity to produce goods in the categories which must be certified and has been certified as conformable to standard.
2. A fine of 500,000 VND to 2.000.000 VND for one of the following acts:
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b/ Failure to register for a certificate of standardization of goods which must be registered for standardization within a given time-limit;
c/ Willingly producing goods with a certificate of standardization with an actual quality lower than that already certified;
d/ Producing goods which have not been certified as up to standard but which is stamped or stuck with a stamp of standardization and is advertised as having been certified as up to standard.
3. A fine of 5,000,000 VND to 20,000,000 VND for an act of producing goods in the categories listed under forcible Vietnam standard but with an actual quality lower than the already certified standard.
4. Additional sanctions and other measures against the violations of this Article:
a/ A violation of Points a and b of Item 2 of this Article shall lead to the forcible registration for a certificate of standardization within a given time limit;
b/ A violation of Point c Item 2 of this Article shall lead to the temporary forcible suspension of delivery of goods and re-manufacture of the faulty lot of goods;
c/ A violation of Item 3 of this Article will lead to the forcible compensation of the damage caused by the violation of up to 1.000,000 VND, forcible remanufacture or destruction of the substandard goods which are likely to cause damage to human health, pollution to the environment, and spread of disease, stripping of the right to use the certificate of standardization for up to six months and temporary suspension of the manufacture of such goods.
Article 14.- Violations of goods quality in trading shall be subject to the following sanctions:
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a/ Failing to register goods for trading in the categories that must be registered for quality;
b/ Failing to secure a certificate for goods in trading in the categories which must be certified as up to Vietnamese standards.
2. A fine of 1,000,000 VND to 3,000,000 VND for one of the following acts:
a/ Trading in goods with actual quality lower than that already registered;
b/ Trading in goods which have expired their usage date.
3. A fine of 5,000,000 VND to 20,000,000 VND for an act of trading in goods with actual quality norms lower than that already registered or which have been certified as up to Vietnam standard but which violate the regulations on safety, hygiene and environment safety.
4. Additional sanctions and other measures against the violations of this Article:
a/ A violation of Item 3 of this Article shall lead to the temporary suspension of the circulation of the faulty goods;
b/ A violation of Item 4 of this Article shall lead to the forcible compensation for the damage caused by the violation, forcible remanufacture or destruction of the substandard goods that may cause damage to human health, pollution of the environment and the spread of disease caused by the violation.
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1. A fine of 2,000,000 VND to 10,000,000 VND for one of the following acts:
a/ Producing goods bearing the trade mark identical or similar to that of another establishment which has been given industrial copyright and without the consent of the owner of this trade mark;
b/ Producing goods with a trade mark identical or similar to that of another establishment which has registered for quality;
c/ Producing goods with utilization quality at variance with the origin, natural properties, name and utilization without however causing damage to human health or causing pollution to the environment.
2. A fine of 10,000,000 VND to 20,000,000 VND for the production of goods of which the utilization value varies with the origin, natural properties, name and use, which are noxious to human health, causes pollution to the environment or which adversely affects the prestige of the country.
3. A fine of 1,000,000 VND to 5,000,000 VND for one of the following activities:
a/ Trading in goods with a trade mark identical or similar to that of another establishment which has been granted industrial property right but which has not received the consent of the owner of this trademark;
b/ Trading in goods with a trade mark identical or similar to that of another establishment which has registered for quality;
c/ Trading in goods with utilization quality not conforming to its origin, natural properties, name and use but without being noxious to human or causing pollution to the environment.
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5. Additional sanctions and other measures against the violations of this Article:
a/ Forcible compensation for the damage caused by the administrative violation;
b/ Confiscation of the means of production and trading and all the goods related to the violation;
c/ A violation of Items 2 and 4 of this Article shall lead to the forcible destruction of the goods that damage human health, forcible carrying out of remedial measures against the pollution of the environment or the spread of disease caused by the violation.
1. A fine of 500,000 VND to 2,000,000 VND for one of the following acts:
a/ Failure to register for State quality control in dealing with imports and exports in the categories subject to State quality control;
b/ Failure to come to the registration center in time to register the goods for State quality control within the prescribed time limit.
2. A fine of 2,000,000 VND to 5,000,000 VND for the trading of import and export goods with actual quality lower than the quality prescribed by the State but not yet violating the prescriptions for safety, hygiene and environmental protection.
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a/ The goods have a low quality, violate the compulsory prescriptions for safety, hygiene and environmental protection;
b/ Deliberately evading State control over the quality of import and export goods.
4. Additional sanctions and other measures against violations of this Article:
a/ Violation of Item 1 of this Article shall lead to the forcible registration for State quality control within a given time, temporary suspension of import and export until completion of the registration procedures;
b/ Violation of Item 2 of this Article shall lead to the temporary suspension of import and export and forcible re-manufacture of the faulty lot of goods;
c/ Violation of Point a, Item 3 of this Article shall also lead to the forcible compensation for the damage caused by the administrative violation; forcible temporary suspension of import and export and circulation of the faulty lot of goods on the market, forcible remanufacture or destruction of the goods if they cause damage to human health or cause pollution to the environment.
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a/ To serve a warning;
b/ To order a fine up to 200,000 VND ;
c/ To confiscate evidences and means used to commit the administrative violation valued up to 500,000 VND;
d/ To force restoration of the original state which is changed by the administrative violation;
e/ To force the carrying out of measures to overcome the pollution of the living environment and the spread of disease caused by the administrative violation;
f/ To force the destruction of the agents damaging to human health.
2. The specialized Chief Inspector, the Head of the agency assigned to carry out specialized inspection in Standard, Measurement and Quality at the provincial level stipulated at the Ordinance on Measurement and the Ordinance on the Quality of Goods have the right:
a/ To serve a warning;
b/ To order a fine up to 10,000,000 VND;
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d/ To strip the right to use the permit under their competence;
e/ To force the restoration of the initial state changed by the administrative violation;
f/ To force the carrying out of measures to overcome the pollution of the living environment and the spread of disease caused by the administrative violation;
g/ To force the destruction of the agents damaging to human health;
h/ To force the compensation of damage up to 1,000,000 VND caused by the administrative violation.
3. The specialized Chief Inspector of the Ministry of Science, Technology and Environment. the specialized Chief Inspector of the General Department for Measurement, Standardization and Quality under the Ministry of Science, Technology and Environment have the right:
a/ To serve a warning;
b/ To order a fine up to 20,000,000 VND;
c/ To confiscate the evidences and means used in the administrative violation;
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e/To force the restoration of the initial stage which has been changed by the administrative violation;
f/ To force the carrying out of measures to overcome the pollution of the living environment and the spread of disease caused by the administrative violation;
g/ To force the destruction of the agents damaging to human health;
h/ To force the compensation for the damage up to 1,000,000 VND caused by the administrative violation.
Article 20.- Assignment of power in handling administrative violations;
In the absence of the persons competent to handle the administrative violations stipulated at Items 2 and 3 of Article 17 of this Decree and at Articles 26, 27 and 28 and Items 3, 4, 5 and 6 and 7 of Article 29 and Items 2 and 3 of Article 30, Items 2, 3 and 4 of Article 33, Items 2 and 3 of Article 34 of the Ordinance on Handling Administrative Violations or with their empowerment, the deputy heads have the competence to handle the violations according to their competence.
Article 21.- Principles of assignment of power in sanctioning administrative violations:
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2. The specialized inspection agencies have the competence to sanction the administrative violation in the domain of measurement and quality of goods with regard to the persons and organizations under their management.
3. In case the administrative violation in the domain of measurement and quality of goods comes under the sanctioning competence of many agencies, the sanction shall be carried out by the first agency to handle the case.
COMPLAINTS, DENUNCIATIONS AND HANDLING OF VIOLATIONS
1. Citizens have the right to denounce to the competent State agencies the administrative violations by any organization and individual and denounce the violations by the persons with competence to sanction the administrative violations in the domain of measurement and quality of goods.
2. An organization or an individual that is sanctioned for administrative violation or their legal representative has the right to protest against the person who has issued the sanctioning order within ten days from the receipt of the decision. In case the complaining organization or individual does not agree with the decision to settle the complaint, they may protest to the immediate higher level of the person who has issued that decision or initiate an administrative lawsuit at the competent court.
3. The procedure, process, time limit and competence of complaining and settling the complaint shall comply with Article 88 of the Ordinance on Handling Administrative Violations and the provisions of the Ordinance on the Procedures to Settle Administrative Lawsuits.
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- A denunciation against an unlawful act of the person competent to handle administrative violations shall be examined and settled by the immediate higher level of that person.
- Upon receiving a denunciation, the person with competence to settle it shall have to examine and settle it in time and reply in writing within 15 (fifteen) days or 30 (thirty) days if it is a complicated case as from the date of receiving the denunciation.
The person authorized to handle an administrative violation who exacts bribes, or who condones, covers up or refrains from punishing, or does not handle it in time or below the prescribed level or beyond the prescribed level, shall, depending on the character and seriousness of the violation, be subject to disciplinary measures or be examined for criminal liability. If they cause material damage, they shall have to pay compensations as prescribed by law.
Article 25.- Handling of violation in case the offender commits an administrative violation:
A person who is subject to a sanction for an administrative violation and who has an act of resisting the person on mission, who delays or evades the implementation of the sanction or takes other acts of violation shall, depending on the character, seriousness of the violation, be subjected to administrative sanction or be examined for penal liability. If they cause material damage, they shall have to pay compensation as prescribed by law.
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ON BEHALF OF THE GOVERNMENT
FOR THE PRIME MINISTER
DEPUTY PRIME MINISTER
Phan Van Khai
- 1Decree of Government No. 126/2005/ND-CP, providing for sanctioning of administrative violations in the field of measurement and product and goods quality.
- 2Decree of Government No. 126/2005/ND-CP, providing for sanctioning of administrative violations in the field of measurement and product and goods quality.
Decree of Government No. 57-CP, on sanctions against administrative violations in the measurement and quality of goods
- Số hiệu: 57-CP
- Loại văn bản: Nghị định
- Ngày ban hành: 31/05/1997
- 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