Chương III Nghị định 185/2013/NĐ-CP xử phạt hành chính hoạt động thương mại sản xuất bảo vệ người tiêu dung: Thẩm quyền lập biên bản vi phạm hành chính và xử phạt vi phạm hành chính

Chapter 3.

COMPETENCY IN MAKING RECORDS OF ADMINISTRATIVE VIOLATIONS AND SANCTIONING ADMINISTRATIVE VIOLATIONS

Article 100. The competency in making records of administrative violation

Persons who have competency in imposing penalties on administrative violation specified from Article 101 and Article 103 of this Decree shall have competency to inspect, check, make records of administrative violation for acts of administrative violation specified in this Decree according to their functions, tasks and powers assigned.

Article 101. The competencies of Chairpersons of the People’s Committees at all levels

1. The Chairpersons of the ward-level People’s Committees have powers:

a) To impose warnings;

b) To impose a fine which is up to VND 5,000,000;

c) Confiscate the material evidence, means of administrative violation with a value not exceeding the fine level specified in point b of this clause;

d) Apply remedial measures for acts of administrative violation specified in this Decree according to competencies provided in points a, b, c and dd of clause 1 of Article 28 of the Law on handling of administrative violation.

2. The Chairpersons of the district-level People’s Committees have powers:

a) To impose warnings;

b) To impose a fine which is up to VND 50,000,000;

c) To deprive the right to use the license, the practice certificate with a time limit or suspend the operation with a time limit;

d) To confiscate the material evidence, means of administrative violation with value not exceeding the fine level specified in point b of this clause;

dd) To apply remedial measures for acts of administrative violation specified in this Decree according to competencies provided in points a, b, c, dd, e, h, i and k of clause 1 of Article 28 of the Law on handling of administrative violation.

3. The Chairpersons of the provincial-level People’s Committees have powers:

a) To impose warnings;

b) To impose a fine up to the maximum level specified in this Decree;

c) To deprive the right to use the license, the practice certificate with a time limit or suspend the operation with a time limit;

d) To confiscate the material evidence or means of administrative violation;

dd) To apply remedial measures for acts of administrative violation specified in this Decree according to competencies provided in clause 1 of Article 28 of the Law on handling of administrative violation.

Article 102. The competencies of the Market Control agencies

1. Market controllers on duty have powers:

a) To impose warnings;

b) To impose a fine which is up to VND 500,000.

2. The Chief of a Market Control Squad have powers:

a) To impose warnings;

b) To impose a fine which is up to VND 25,000,000;

c) To confiscate the material evidence, means of administrative violation with a value not exceeding the fine level specified in point b of this clause;

d) To apply remedial measures specified in this Decree, except measures that force to remedy the environment pollution situation, epidemic spreads and force to remove out of the territory of Vietnam or force to re-export goods, items or means.

3. Directors of the Market Surveillance Sub-Departments under the provincial Departments of Industry and Trade, Heads of the Anti-smuggling Department, Heads of Anti-counterfeiting Department, and Heads of Goods Quality Control under the Market Surveillance Department shall have powers:

a) To impose warnings;

b) To impose a fine which is up to VND 50,000,000;

c) To confiscate the material evidence, means of administrative violation with a value not exceeding the fine level specified in point b of this clause;

d) To deprive the right to use the license, the practice certificate with a time limit or suspend the operation with a time limit;

dd) To apply remedial measures prescribed in this Decree.

4. The Chief of Market Surveillance Department shall have powers:

a) To impose warnings;

b) To impose a fine up to the maximum level specified in this Decree;

c) To confiscate the material evidence or means of administrative violation;

d) To deprive the right to use the license, the practice certificate with a time limit or suspend the operation with a time limit;

dd) To apply remedial measures prescribed in this Decree.

Article 103. The competency of the People’s Police, Customs agencies, Border Guards, Maritime Police and Specialized Inspection Agencies

1. Competent officials of the People’s Police have competency in imposing penalties on administrative violation, applying remedial measures for acts of administrative violation prescribed in this Decree according to the competencies specified in Article 39 of the Law on handling of administrative violation and their functions, tasks, powers assigned.

2. Competent officials of the Customs agencies have competency in imposing penalties on administrative violation, applying remedial measures for acts of administrative violation regarding import, export of goods or services pertaining to the import, export of goods and goods exchange between the border residents prescribed in this Decree according to the competencies specified in Article 42 of the Law on handling of administrative violation and their functions, tasks, powers assigned.

3. Competent officials of the border guards have competency in imposing penalties on administrative violation, applying remedial measures for acts of administrative violation regarding sale, purchase, and transport of goods through borders prescribed in this Decree according to the competencies specified in Article 40 of the Law on handling of administrative violation and their functions, tasks, powers assigned.

4. Competent officials of the maritime police have competency in imposing penalties on administrative violation, applying remedial measures for acts of administrative violation regarding sale, purchase or transport of goods through borders prescribed in this Decree according to the competencies specified in Article 41 of the Law on handling of administrative violation and their functions, tasks, powers assigned.

5. Competent officials of the inspection agencies prescribed in Article 46 of the Law on handling of administrative violation have competency in imposing penalties on administrative violation, applying remedial measures for acts of administrative violation prescribed in this Decree according to the competencies specified in Article 46 of the Law on handling of administrative and the management domains of sector.

Article 104. Determination of competency in imposing fines

The competency in imposing a fine of officials who have competencies in imposing penalties on administrative violation prescribed from Article 101 to Article 103 of this Decree is the competency being applied with one act of administrative violation of an individual; in case the act of violation is committed by an organization, the competency in imposing a fine shall double the competency on imposing a fine for an individual.

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