Chương III Nghị định 119/2017/NĐ-CP xử phạt vi phạm hành chính trong lĩnh vực tiêu chuẩn đo lường: Thẩm quyền lập biên bản vi phạm hành chính và xử phạt vi phạm hành chính

Chapter III

POWER TO MAKE REPORTS AND IMPOSE PENALTIES FOR ADMINISTRATIVE VIOLATIONS

Article 34. Power to impose penalties of inspectors and entities responsible for conducting scientific and technological inspections

1. Inspectors and entities responsible for conducting scientific and technological inspections in the performance of their duties are entitled to:

a) Issue warnings;

b) Impose a maximum fine of VND 500,000 upon an individual and VND 1,000,000 upon an organization;

c) Confiscate exhibits and equipment used for administrative violation commission whose value does not exceed the fine specified in Point b this Clause;

d) Impose remedial measures in case of the administrative violation specified in Point a Clause 3 Article 2 herein.

2. Chief inspectors of provincial Departments of Science and Technology; Chiefs of inspectorates of provincial Departments of Science and Technology; Directors of Departments of Standards, Metrology and Quality of districts/cities; Chiefs of inspectorates of Departments of Standards, Metrology and Quality of districts/cities and Chief of inspectorate of the Directorate for Standards, Metrology and Quality are entitled to:

a) Issue warnings;

b) Impose a maximum fine of VND 50,000,000 upon an individual and VND 100,000,000 upon an organization;

c) Suspend violators’ operation, licenses or certificates;

d) Confiscate exhibits and equipment used for administrative violation commission whose value does not exceed the fine specified in Point b this Clause;

dd) Impose remedial measures in case of the administrative violation specified in Clause 3 Article 2 herein.

3. Chief of inspectorate of the Ministry of Science and Technology is entitled to:

a) Issue warnings;

b) Impose a maximum fine of VND 70,000,000 upon an individual and VND 140,000,000 upon an organization for committing a measurement-related violation; VND 105,000,000 upon an individual and VND 210,000,000 upon an organization for committing a product quality-related violation;

c) Suspend violators’ operation, licenses or certificates;

d) Confiscate exhibits and equipment used for administrative violation commission whose value does not exceed the fine specified in Point b this Clause;

dd) Impose remedial measures in case of the administrative violation specified in Clause 3 Article 2 herein.

4. Chief inspector of the Ministry of Science and Technology and Director of the Directorate for Standards, Metrology and Quality are entitled to:

a) Issue warnings;

b) Impose the maximum fine under provisions stated herein;

c) Suspend violators’ operation, licenses or certificates;

d) Confiscate exhibits and equipment used for administrative violation commission;

dd) Impose remedial measures in case of the administrative violation specified in Clause 3 Article 2 herein.

Article 35. Power to impose penalties of Chairpersons of People’s Committees

1. Chairpersons of People’s Committees of communes are entitled to:

a) Issue warnings;

b) Impose a maximum fine of VND 5,000,000 upon an individual and VND 10,000,000 upon an organization;

c) Confiscate exhibits and equipment used for administrative violation commission whose value does not exceed the fine specified in Point b this Clause;

d) Impose remedial measures in case of the administrative violation specified in Point a Clause 3 Article 2 herein.

2. Chairpersons of People’s Committees of districts are entitled to:

a) Issue warnings;

b) Impose a maximum fine of VND 50,000,000 upon an individual and VND 100,000,000 upon an organization;

c) Suspend violators’ operation, decisions, licenses or certificates granted by competent authorities;

d) Confiscate exhibits and equipment used for administrative violation commission whose value does not exceed the fine specified in Point b this Clause;

dd) Impose remedial measures in case of the administrative violation specified in Point a, c, dd, e, g, h and i Clause 3 Article 2 herein.

3. Chairpersons of People’s Committees of provinces are entitled to:

a) Issue warnings;

b) Impose the maximum fine under provisions stated herein;

c) Suspend violators’ operation, decisions, licenses or certificates granted by competent authorities;

d) Confiscate exhibits and equipment used for administrative violation commission;

dd) Impose remedial measures in case of the administrative violation specified in Clause 3 Article 2 herein.

Article 36. Power to impose penalties of the police

1. Police officers in the performance of their duties are entitled to:

a) Issue warnings;

b) Impose a maximum fine of VND 500,000 upon an individual and VND 1,000,000 upon an organization;

2. Captains of police stations of the police officers specified in Clause 1 this Article are entitled to:

a) Issue warnings;

b) Impose a maximum fine of VND 1,500,000 upon an individual and VND 3,000,000 upon an organization.

3. Chiefs of police departments of communes, police stations of border checkpoints and export-processing zones are entitled to:

a) Issue warnings;

b) Impose a maximum fine of VND 2,500,000 upon an individual and VND 5,000,000 upon an organization;

c) Confiscate exhibits and equipment used for administrative violation commission whose value does not exceed the fine specified in Point b this Clause;

d) Impose remedial measures in case of the administrative violation specified in Point a Clause 3 Article 2 herein.

4. Chiefs of police departments of districts; managers of Social Order Department, Corruption Department, Road and Rail Transport Department, Internal Waterways Department, Environmental Crime Department, Fire and Rescue Police Department, Economic Security Department, Cultural and Politic Security Department and Information Security Department are entitled to:

a) Issue warnings;

b) Impose a maximum fine of VND 25,000,000 upon an individual and VND 50,000,000 upon an organization;

c) Suspend violators’ operation, decisions, licenses or certificates granted by competent authorities;

d) Confiscate exhibits and equipment used for administrative violation commission whose value does not exceed the fine specified in Point b this Clause;

dd) Impose remedial measures in case of the administrative violation specified in Points a, g, h and i Clause 3 Article 2 herein.

5. Directors of provincial Police Departments are entitled to:

a) Issue warnings;

b) Impose a maximum fine of VND 50,000,000 upon an individual and VND 100,000,000 upon an organization;

c) Suspend violators’ operation, decisions, licenses or certificates granted by competent authorities;

d) Confiscate exhibits and equipment used for administrative violation commission whose value does not exceed the fine specified in Point b this Clause;

dd) Impose remedial measures in case of the administrative violation specified in Points a, dd, g, h and i Clause 3 Article 2 herein.

6. Directors of Internal Security Department, Economic Security Department, Cultural - Information - Communications Security Department, Corruption Department, Social Order Department, Drug Enforcement Department, High Technology Crime Department, Traffic Police Department, Environmental Crime Department and Fire and Rescue Police Department are entitled to:

a) Issue warnings;

b) Impose the maximum fine under provisions stated herein;

c) Suspend violators’ operation, decisions, licenses or certificates granted by competent authorities;

d) Confiscate exhibits and equipment used for administrative violation commission whose value does not exceed the fine specified in Point b this Clause;

dd) Impose remedial measures in case of the administrative violation specified in Points a, dd, g, h and i Clause 3 Article 2 herein.

Article 37. Power to impose penalties of the customs

1. Customs officials in the performance of their duties are entitled to:

a) Issue warnings;

b) Impose a maximum fine of VND 500,000 upon an individual and VND 1,000,000 upon an organization;

2. Team leaders of Sub-department of Customs and Sub-departments of Post-Clearance Inspection are entitled to:

a) Issue warnings;

b) Impose a maximum fine of VND 5,000,000 upon an individual and VND 10,000,000 upon an organization;

3. Directors of Sub-departments of Customs, Sub-departments of Post-clearance Inspection, team leaders of provincial Customs Departments, smuggling prevention team leaders, customs procedures team leaders, leaders of customs control teams at sea and leaders of intellectual property right protection teams of the Smuggling Investigation and Prevention Department of the General Department of Customs are entitled to:

a) Issue warnings;

b) Impose a maximum fine of VND 25,000,000 upon an individual and VND 50,000,000 upon an organization;

c) Confiscate exhibits and equipment used for violation commission whose value does not exceed the fine specified in Point b this Clause;

dd) Impose remedial measures in case of the administrative violation specified in Points a, b, d, dd, g, h and i Clause 3 Article 2 herein.

4. Director of the Smuggling Investigation Department, Director of the Post-clearance Inspection Department affiliated to the General Department of Customs, Director of provincial Customs Departments are entitled to:

a) Issue warnings;

b) Impose a maximum fine of VND 50,000,000 upon an individual and VND 100,000,000 upon an organization;

c) Suspend violators’ operation, licenses or certificates;

d) Confiscate exhibits and equipment used for violation commission whose value does not exceed the fine specified in Point b this Clause;

dd) Impose remedial measures in case of the administrative violation specified in Points a, b, d, dd, g, h and i Clause 3 Article 2 herein.

5. Director of General Department of Customs is entitled to:

a) Issue warnings;

b) Impose the maximum fine under provisions stated herein;

c) Confiscate exhibits and equipment used for administrative violation commission;

d) Impose remedial measures in case of the administrative violation specified in Points a, b, d, dd, g, h and i Clause 3 Article 2 herein.

Article 38. Power to impose penalties of the market surveillance authorities

1. Market surveillance officials in the performance of their duties are entitled to:

a) Issue warnings;

b) Impose a maximum fine of VND 500,000 upon an individual and VND 1,000,000 upon an organization;

2. Leaders of market surveillance teams are entitled to:

a) Issue warnings;

b) Impose a maximum fine of VND 25,000,000 upon an individual and VND 50,000,000 upon an organization;

c) Confiscate exhibits and equipment used for violation commission whose value does not exceed the fine specified in Point b this Clause;

d) Impose remedial measures in case of the administrative violation specified in Points a, c, d, dd, e, g, h and i Clause 3 Article 2 herein.

3. Directors of Market Surveillance Departments of Provincial Departments of Industry and Trade, managers of departments affiliated to Market Surveillance Agency are entitled to:

a) Issue warnings;

b) Impose a maximum fine of VND 50,000,000 upon an individual and VND 100,000,000 upon an organization;

c) Confiscate exhibits and equipment used for violation commission whose value does not exceed the fine specified in Point b this Clause;

d) Suspend violators’ operation, licenses or certificates;

dd) Impose remedial measures in case of the administrative violation specified in Clause 3 Article 2 herein.

4. Director of the Market Surveillance Agency is entitled to:

a) Issue warnings;

b) Impose the maximum fine under provisions stated herein;

c) Confiscate exhibits and equipment used for administrative violation commission;

d) Suspend violators’ operation, licenses or certificates;

dd) Impose remedial measures in case of the administrative violation specified in Clause 3 Article 2 herein.

Article 39. Power to impose penalties of the border guard

1. Border guard soldiers in the performance of their duties are entitled to:

a) Issue warnings;

b) Impose a maximum fine of VND 500,000 upon an individual and VND 1,000,000 upon an organization;

2. Team leaders of the border guard soldiers specified in Clause 1 this Article are entitled to:

a) Issue warnings;

b) Impose a maximum fine of VND 2,500,000 upon an individual and VND 5,000,000 upon an organization.

3. Captains of border guard stations, leaders of coastal guard teams, commanders of border guard at checkpoints and holders of equivalent positions are entitled to:

a) Issue warnings;

b) Impose a maximum fine of VND 20,000,000 upon an individual and VND 40,000,000 upon an organization for committing a measurement-related violation; VND 25,000,000 upon an individual and VND 50,000,000 upon an organization for committing a product quality-related violation;

c) Confiscate exhibits and equipment used for violation commission whose value does not exceed the fine specified in Point b this Clause;

d) Impose remedial measures in case of the administrative violation specified in Points a, g, h and i Clause 3 Article 2 herein.

4. Captains of provincial border guard command centers, commanders of coastal guard fleets affiliated to the Border Guard Headquarters are entitled to:

a) Issue warnings;

b) Impose the maximum fine under provisions stated herein;

c) Suspend violators’ operation, licenses or certificates;

d) Confiscate exhibits and equipment used for administrative violation commission;

dd) Impose remedial measures in case of the administrative violation specified in Points a, dd, g, h and i Clause 3 Article 2 herein.

Article 40. Power to impose penalties of the coastguard

1. Coastguard officers in the performance of their duties are entitled to:

a) Issue warnings;

b) Impose a maximum fine of VND 1,500,000 upon an individual and VND 3,000,000 upon an organization;

2. Coastguard team leaders are entitled to:

a) Issue warnings;

b) Impose a maximum fine of VND 5,000,000 upon an individual and VND 10,000,000 upon an organization;

3. Coastguard squad leaders and captains of coastguard stations are entitled to:

a) Issue warnings;

b) Impose a maximum fine of VND 10,000,000 upon an individual and VND 20,000,000 upon an organization;

c) Impose remedial measures in case of the administrative violation specified in Point a Clause 3 Article 2 herein.

4. Commanders of coastguard platoons are entitled to:

a) Issue warnings;

b) Impose a maximum fine of VND 20,000,000 upon an individual and VND 40,000,000 upon an organization for committing a measurement-related violation; VND 25,000,000 upon an individual and VND 50,000,000 upon an organization for committing a product quality-related violation;

c) Confiscate exhibits and equipment used for violation commission whose value does not exceed the fine specified in Point b this Clause;

d) Impose remedial measures in case of the administrative violation specified in Points a, b, g, h and i Clause 3 Article 2 herein.

5. Commanders of coastguard fleets are entitled to:

a) Issue warnings;

b) Impose a maximum fine of VND 30,000,000 upon an individual and VND 60,000,000 upon an organization for committing a measurement-related violation; VND 45,000,000 upon an individual and VND 90,000,000 upon an organization for committing a product quality-related violation;

c) Confiscate exhibits and equipment used for violation commission whose value does not exceed the fine specified in Point b this Clause;

d) Impose remedial measures in case of the administrative violation specified in Points a, b, g, h and i Clause 3 Article 2 herein.

6. Commander of Regional Coastguard is entitled to:

a) Issue warnings;

b) Impose a maximum fine of VND 50,000,000 upon an individual and VND 100,000,000 upon an organization for committing a measurement-related violation; VND 75,000,000 upon an individual and VND 150,000,000 upon an organization for committing a product quality-related violation;

c) Confiscate exhibits and equipment used for violation commission whose value does not exceed the fine specified in Point b this Clause;

d) Impose remedial measures in case of the administrative violation specified in Points a, b, g, h and i Clause 3 Article 2 herein.

7. Commander of Coastguard Headquarters is entitled to:

a) Issue warnings;

b) Impose the maximum fines for corresponding fields under the provisions of Article 24 herein;

c) Suspend violators’ operation, licenses or certificates;

d) Confiscate exhibits and equipment used for administrative violation commission;

dd) Impose remedial measures in case of the administrative violation specified in Points a, b, g, h and i Clause 3 Article 2 herein.

Article 41. Power to impose penalties of inspectors and entities responsible for conducting other inspections

1. Inspectors and entities responsible for conducting other inspections in the performance of their duties are entitled to:

a) Issue warnings;

b) Impose a maximum fine of VND 500,000 upon an individual and VND 1,000,000 upon an organization;

c) Confiscate exhibits and equipment used for violation commission whose value does not exceed the fine specified in Point b this Clause;

d) Impose remedial measures in case of the administrative violation specified in Point a Clause 3 Article 2 herein.

2. Chief Inspector of Provincial Departments, Directors of Provincial Food Safety and Hygiene Authorities, Directors of Provincial Crop Production and Plant Protection Authorities, Directors of Provincial Departments of Livestock Production and Veterinary Medicine, Directors of Provincial Departments of Fisheries, Directors of Provincial Farm Produce and Aquatic Product Quality Control Authorities and holders of equivalent positions are entitled to:

a) Issue warnings;

b) Impose a maximum fine of VND 50,000,000 upon an individual and VND 100,000,000 upon an organization;

c) Suspend violators’ operation, licenses or certificates;

d) Confiscate exhibits and equipment used for violation commission whose value does not exceed the fine specified in Point b this Clause;

dd) Impose remedial measures in case of the administrative violation specified in Clause 3 Article 2 herein.

3. Chiefs of inspectorates of provincial authorities and other regulatory bodies have the power to impose penalties specified in Clause 2 this Article.

4. Chiefs of inspectorates of ministries are entitled to:

a) Issue warnings;

b) Impose a maximum fine of VND 70,000,000 upon an individual and VND 140,000,000 upon an organization for committing a measurement-related violation; VND 105,000,000 upon an individual and VND 210,000,000 upon an organization for committing a product quality-related violation;

c) Suspend violators’ operation, licenses or certificates;

d) Confiscate exhibits and equipment used for administrative violation commission whose value does not exceed the fine specified in Point b this Clause;

dd) Impose remedial measures in case of the administrative violation specified in Clause 3 Article 2 herein.

5. Chief Inspectors of Ministries, ministerial agencies, Director of the Directorate for Standards, Metrology, and Quality, Director of Directorate of Fisheries, Director of Vietnam Environment Administration, Director of Vietnam Chemicals Agency, Director of Industrial Safety Techniques and Environment Agency; Director of Department of Animal Health, Director of Plant Protection Agency, Director of Crop Production Authority, Director of Department of Livestock production, Director of National Agro - Forestry - Fisheries Quality Assurance Department, Director of Agro - Forestry - Fishery processing and Salt Production Agency, Director of Drug Administration of Vietnam, Director of Health Environment Management Agency, Director of General Department of Preventive Medicine, Director of the Department food safety and hygiene and holders of equivalent positions are entitled to:

a) Issue warnings;

b) Impose the maximum fine under provisions stated herein;

c) Suspend violators’ operation, licenses or certificates;

d) Confiscate exhibits and equipment used for administrative violation commission;

dd) Impose remedial measures in case of the administrative violation specified in Clause 3 Article 2 herein.

Article 42. Distribution of power of inspectors, entities responsible for conducting scientific and technological inspections, Chairpersons of People’s Committees, the police, customs, market surveillance authorities, border guard, coastguard, inspectors and entities responsible for conducting other inspections

1. Inspectors have the power to impose penalties and entities responsible for conducting scientific and technological inspections have the power to make reports, impose penalties and remedial measures for all administrative violations specified herein within the power stated in Article 34 herein and within the scope of their functions, tasks, and entitlements.

2. Chairpersons of People’s Committees have the power to make reports, impose penalties and remedial measures for all administrative violations specified herein within the power stated in Article 35 herein and within the scope of their functions, tasks, and entitlements.

3. Police officers have the power to make reports, impose penalties and remedial measures for all administrative violations specified herein within the power stated in Article 36 herein and within the scope of their functions, tasks, and entitlements.

4. Customs officials specified in Article 37 herein have the power to make reports, impose penalties and remedial measures for violations against regulations on standards, measurement and quality of goods stated herein and found in the areas under their management that the Government's Decree on penalties for administrative violations against regulations on customs has not regulated.

5. Market surveillance officials have the power to make reports, impose penalties and remedial measures for administrative violations specified in Article 5, Article 6, Article 7, Article 9, Article 10, Article 14, Article 15, Article 16, Article 17, Article 18, Article 19, Article 20, Article 24, Article 27, Article 28, Article 29, Article 30, Article 31 and Article 32 herein within the power stipulated in Article 38 herein and the scope of their functions, tasks and entitlements.

6. Border guard officers have the power to make reports, impose penalties and remedial measures for administrative violations related to the sale specified in Article 5, Article 7, Article 9, Article 15, Article 16, Article 17, Article 18, Article 19, Article 20, Article 24, Article 27, Article 29, Article 30, Article 31 and Article 32 herein within the power stipulated in Article 39 herein and the scope of their functions, tasks and entitlements.

7. Coastguard officers have the power to make reports, impose penalties and remedial measures for administrative violations related to the sale specified in Article 5, Article 7, Article 9, Article 10, Article 14, Article 15, Article 16, Article 17, Article 18, Article 19, Article 20, Article 24, Article 27, Article 29, Article 30, Article 31 and Article 32 herein within the power stipulated in Article 40 herein and the scope of their functions, tasks and entitlements.

8. Inspectors and entities responsible for conducting other inspections have the power to make reports, impose penalties and remedial measures for administrative violations specified herein within the power stipulated in Article 41 herein and the scope of their functions, tasks and entitlements.

Article 43. Entities having the power to make reports on administrative violations

1. Holders of the positions mentioned in Article 34, Article 35, Article 36, Article 37, Article 38, Article 39, Article 40 and Article 41 herein and officials and public employees in the performance of their duties when detecting administrative violations against regulations on standards, measurement and quality of goods have the power to make reports on such administrative violations.

2. Chiefs of inspectorates of standards, measurement and quality of goods have the power to make reports on administrative violations and transfer the documents thereon to competent authorities for imposing penalties.

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