Chapter 3:
COMPETENCE AND PROCEDURES TO SANCTION ADMINISTRATIVE VIOLATIONS
Article 58. Competence to sanction administrative violations of the People’s Committee
1. Presidents of Commune-level People’s Committees are competent to sanction against administrative violations in trade activities specified in this Decree according to competence as provided in Article 28 of the Ordinance on Handling of Administrative Violations.
2. Presidents of District-level People’s Committees are competent to sanction against administrative violations in trade activities specified in this Decree according to competence as provided in Article 29 of the Ordinance on Handling of Administrative Violations.
3. Presidents of Provincial-level People’s Committees are competent to sanction against administrative violations in trade activities specified in this Decree according to competence as provided in Article 30 of the Ordinance on Handling of Administrative Violations.
Article 59. Competence to sanction administrative violations of the market management agencies
1. The competent persons of the market management agencies as provided in Article 37 of the Ordinance on Handling of Administrative Violations are competent to sanction against administrative violations in trade activities specified in this Decree and other administrative violations in trade activities specified in Article 12, Article 28, Article 32 and Article 41 of this Decree.
2. The competent to sanction administrative violations according to clause 1 of this Article of market controller at all level to be on duty:
a) Warning;
b) A fine of up to VND 200,000 shall be imposed.
3. The competent to sanction administrative violations according to clause 1 of this Article of chief of team of market management:
a) Warning;
b) A fine of up to VND 5,000,000 shall be imposed;
c) Confiscating material evidence, means used for administrative violations valued at VND 30,000,000;
d) Forced to destroy products causing harmful to human health, animals, plants, harmful cultural products;
đ) Forced to implement remedies measures and other measures against administrative violations as provided in this Decree.
4. The competent to sanction administrative violations according to clause 1 of this Article of manager of market management Branches:
a) Warning;
b) A fine of up to VND 20,000,000 shall be imposed;
c) Stripping of the right to use license, practice certificate under competence;
d) Confiscating material evidence, means used for administrative violations;
đ) Forced to destroy products causing harmful to human health, animals, plants, harmful cultural products;
e) Forced to implement remedies measures and other measures against administrative violations as provided in this Decree.
5. The competent to sanction administrative violations according to clause 1 of this Article of Director of market management Department:
a) Warning;
b) A fine of up to VND 70,000,000 shall be imposed;
c) Stripping of the right to use license, practice certificate under competence;
d) Confiscating material evidence, means used for administrative violations;
đ) Forced to destroy products causing harmful to human health, animals, plants, harmful cultural products;
e) Forced to implement remedies measures and other measures against administrative violations as provided in this Decree.
Article 60. Competence to sanction administrative violations of the Police, Customs, Border Guard, Coast Police and the specialized state Inspection
1. District-level Police Chief, Chief of Police Office investigating economic crime and position of the provincial-level Police, Director of the provincial-level Police and Director of Department of Police investigating economic crime and position are competent to sanction against administrative violations in trade activities specified in this Decree to be of the area and management field of branch according to the competence defined in Article 31 of the Ordinance on Handling of Administrative Violations.
2. The competent persons to sanction administrative violations of Border Guard, Coast Police and Customs are competent to sanction against administrative violations in trade activities specified in this Decree relating to activities of goods import, export to be of the area and its management field according to the competence defined in Article 32, Article 33 and Article 34 of the Ordinance on Handling of Administrative Violations.
3. The competent persons to sanction administrative violations of the specialized state Inspection is competent to sanction against administrative violations in trade activities specified in this Decree to be of the area and management field of branch according to the competence defined in Article 38 of the Ordinance on Handling of Administrative Violations.
Article 61. Principle determining competence to sanction administrative violations and authority to sanction administrative violations
1. Principle determining competence to sanction administrative violations is implemented according to provision in Article 42 of the Ordinance on Handling of Administrative Violations and Article 13 of Decree No.134/2003/ND-CP dated November 14, 2003 of the Government detailing the implementation of a number of Articles of the Ordinance on Handling of Administrative Violations.
2. The authority to sanction administrative violations is implemented according to provision in Article 41 of the Ordinance on Handling of Administrative Violations and Article 14 of Decree No.134/2003/ND-CP dated November 14, 2003 of the Government detailing the implementation of a number of Articles of the Ordinance on Handling of Administrative Violations.
Article 62. Procedures of handling of administrative violations and execution of decisions to sanction
1. Procedures of handling of administrative violations according to provision of the Ordinance on Handling of Administrative Violations and Decree No.134/2003/ND-CP dated November 14, 2003 of the Government detailing the implementation of a number of Articles of the Ordinance on Handling of Administrative Violations.
2. Competence, procedures applying coercive measures of the execution of decisions to sanction administrative violations are implemented according to provision in the Decree No.37/2005/ND-CP dated March 18, 2005 of the Government providing for procedures of applying coercive measures of the execution of decisions to sanction administrative violations.
3. The cases of administrative violations which are sanctioned must be made into file and archived in full at the agencies to sanction within the time limit prescribed by law.
Article 63. Valuating goods, material evidences and violation means to determine fine level and competent to sanction administrative violations
1. For administrative violations of this Decree stipulated fine level according to value of infringing goods or prescribed form of sanctions being confiscation of goods, material evidences and means used for administrative violations must carry out the value assessment for use as a basis for determining the fine level and competence to sanction for administrative violations.
2. Depending on the type of goods, material evidences and specific means, the determination of price based on one of the bases according to priority orders as follows:
a) List price or the price stated in the contract or invoice purchasing, selling goods or importing goods declaration;
b) Market price at the time of detection of administrative violations;
c) The cost of goods if not yet sold;
d) For counterfeit goods, they shall be the market value of genuine goods or goods with the same features, technology and utilities at the time of detection of administrative violations;
đ) The remaining real value of material evidences, means.
3. The heads of the state management agencies with functions of examination, inspection and administrative violation sanctions prescribed in this Decree detecting administrative violations or handling the administrative violations shall be responsible for assessing goods, violation material evidences and means used for administrative violations for use as a basis for determining the fine level and competence to sanction for administrative violations.
4. In case of applying the grounds specified in clause 2 of this Article not in compliance with or goods, material evidences and means which are difficult to value, the heads of state management agencies specified in clause 3 of this Article shall establish price appraisal council. Composition and working principles of price appraisal council of goods, material evidences and means of administrative violations shall comply with the law regulations.
5. Bases of valuation and documents relating to the valuation of goods, material evidences and means of administrative violations must be stated in the dossiers of sanctioning administrative violations.
6. The valuation, management and transfer of goods, material evidences and means of administrative violations after having the decision on confiscation of the competent to sanction administrative violations in the trade activities persons is carried out in accordance with the provisions in the Decree No.134/2003/ND-CP dated November 14, 2003 of the Government detailing the implementation of a number of Articles of the Ordinance on Handling of Administrative Violations.
Article 64. Application of administrative violations prevention measures and ensuring the handling of administrative violations
1. In order to prevent timely the administrative violations and ensure the handling of administrative violations in trade activities, the competent persons are entitled to apply measures to prevent administrative violations and ensure that the sanctions of administrative violations according to provisions in Article 43 of the Ordinance on Handling of Administrative Violations.
2. Competence, procedures of applying administrative violations prevention measures and ensuring the handling of administrative violations in trade activities are implemented according to provisions of the Ordinance on Handling of Administrative Violations and the Decrees of the Government guiding the implementation of the Ordinance.
Tìm kiếm
Nghị định 06/2008/NĐ-CP xử phạt vi phạm hành chính trong hoạt động thương mại (Bản Word)