Chapter 3.
PROCEDURE AND AUTHORITY TO IMPOSE ADMINISTRATIVE PENALTIES
Article 15. The procedure for imposing penalties
1. The procedure and time limit for imposing penalties, the procedure for converting documents of violations showing signs of crimes, converting documents of violations for administrative penalties, the implementation of decisions on administrative penalties are specified in the Decree No. 128/2008/ND-CP.
2. The authority and procedure for taking measures for enforcing the implementation of decisions on administrative penalties are specified in the Government's Decree No. 37/2005/NĐ-CP dated March 18th 2005, on the procedure for taking measures for enforcing the implementation of decisions on administrative penalties.
3. The penalties for administrative violations must be recorded and kept as prescribed by law.
4. The persons competent to impose administrative penalties shall announce the names, addresses of the penalized organizations and individuals producing and trading counterfeit goods, the kinds of counterfeit goods, the signs for recognizing counterfeit goods, the locations where counterfeit goods are found on their websites, or provide such information for the mass media.
Article 16. The authority to impose penalties of People’s Committees at all levels
The Presidents of the People’s Committees of communes, wards, towns; the Presidents of the People’s Committees of districts, and cities affiliated to central-affiliated cities and provinces, the Presidents of People’s Committees of central-affiliated cities and provinces are entitled to impose administrative penalties, in accordance with Article 28, 29, and 30 of the Ordinance, for the local production and trade of counterfeit goods prescribed in this Decree.
Article 17. The authority to impose penalties of the marker management agency.
1. The competent persons of the market management agency prescribed in Article 37 of the Ordinance are entitled to impose administrative penalties for the production and trade of counterfeit goods prescribed in Articles from 8 to 14 of this Decree.
2. The authority to impose administrative penalties in Clause 1 of this Article of market controllers:
a) Issue warnings;
b) Impose fines of up to 200,000 VND.
3. The authority to impose administrative penalties in Clause 1 of this Article of Leaders of Market management squads:
a) Issue warnings;
b) Impose fines of up to 5,000,000 VND.
c) Confiscate the exhibits and instruments for committing violations valued at up to 30,000,000 VND
d) Take the remedial measures applicable to the administrative violations prescribed in this Decree, except for the compelled export or re-export of counterfeit goods and exhibits.
4. The authority to impose administrative penalties in Clause 1 of this Article of Directors of Sub-Departments of Market management:
a) Issue warnings;
b) Impose fines of up to 20,000,000 VND.
c) Indefinitely or temporarily revoke the practice certificate or license, temporarily suspend the production and trade of illegal goods and services.
d) Confiscate the exhibits and instruments for committing violations;
dd) Take the remedial measures applicable to the administrative violations prescribed in this Decree.
5. The authority to impose administrative penalties in Clause 1 of this Article of Directors of Departments of Market management:
a) Issue warnings;
b) Impose fines of up to 70,000,000 VND.
c) Indefinitely or temporarily revoke the practice certificate or license, temporarily suspend the production and trade of illegal goods and services;
d) Confiscate the exhibits and instruments for committing violations;
dd) Take the remedial measures applicable to the administrative violations prescribed in this Decree.
Article 18. The authority to impose administrative penalties of the police, the customs, the Border guard, the Coastguard, and specialized inspectors
1. Chiefs of police of districts, chiefs of police divisions in charge of investigation into crimes against economic management and order, Directors of provincial police departments, Directors of police departments in charge of investigation into crimes against economic management and order are entitled to impose administrative penalties, in accordance with Article 31 of the Ordinance, for the production and trade of counterfeit goods prescribed in this Decree.
2. The competent persons of the Border guard, the Coastguard, and the customs are entitled to impose administrative penalties, in accordance with Article 32, 33, and 34 of the Ordinance, for the local export, import, and trade of counterfeit goods across the border prescribed in this Decree.
3. The competent persons of specialized inspection agencies are entitled to impose administrative penalties, in accordance with Article 38 of the Ordinance, for the local production and trade of counterfeit goods prescribed in this Decree.
Article 19. Valuating the exhibits of administrative violations
The valuation of exhibits and instruments for committing violations as the basis for the determination of the fine bracket and the authority to impose penalties are specified in Article 34 of the Decree No. 128/2008/ND-CP, in particular:
1. The values of counterfeit goods prescribed in Point a Clause 4 Article 3 of this Decree are the market prices of the genuine goods that have the same technical features and use when the administrative violations are found as prescribed in Point d Clause 2 Article 34 of the Decree No. 128/2008/ND-CP. The Heads of the inspecting agency that discovers the administrative violations or handles the administrative violations shall organize the valuation in accordance with this Clause.
2. If the value is not able to be identified as prescribed in Clause 1 this Article, a valuation council shall be established as prescribed in Clause 3 Article 34 of the Decree No. 128/2008/ND-CP in order to valuate the counterfeit goods based on the priority prescribed in Clause 2 Article 34 of the Decree No. 128/2008/ND-CP.
3. The exhibits and instruments for committing violations prescribed in Point b Clause 4 and Clause 5 Article 3 of this Decree shall be valuated in accordance with Article 34 of the Decree No. 128/2008/ND-CP.
Article 20. Handling the exhibits and instruments for committing violations.
1. The exhibits and instruments for committing violations shall be handle in accordance with the Ordinance and the Decree No. 128/2008/ND-CP.
2. The violating organizations and individuals shall pay the cost of the recall, destruction, and removal of illegal elements when these measures are taken.
3. If the violating organizations and individuals fails to pay the cost of destruction, or the counterfeit goods are abandon, the State budget shall cover the cost of the destruction of counterfeit goods as prescribed.
Article 21. The prevention of administrative violations
This implementation of measures for preventing administrative violations and ensuring the administrative penalties for the production and trade of counterfeit goods are specified in the Ordinance and the Decree No. 128/2008/ND-CP.
Article 22. The management and use of the money collected from handling administrative violations
The management and use of the money collected from the administrative penalties for the production and trade of counterfeit goods, including fines, revenues from the sale of confiscated exhibits and instruments (if any) are prescribed by the Minister of Finance.
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Nghị định 08/2013/NĐ-CP quy định xử phạt vi phạm hành chính đối với hành vi (Bản Pdf)
Nghị định 08/2013/NĐ-CP quy định xử phạt vi phạm hành chính đối với hành vi (Bản Word)