Chương I Nghị định 54/2009/NĐ-CP xử phạt vi phạm hành chính trong lĩnh vực tiêu chuẩn, đo lường chất lượng sản phẩm, hàng hóa: Những quy định chung

Chapter I

GENERAL PROVISIONS

Article 1. Scope of regulation

1. This Decree provides for acts of administrative violation, sanctioning forms and levels, remedies, and competence and procedures for sanctioning administrative violations in the domain of standards and technical regulations; metrology; product and goods quality; goods labels and number codes and barcodes (below referred to as the domain of standards, metrology and product and goods quality).

2. Administrative violations in the domain of standards, metrology and product and goods quality mean acts committed by individuals, agencies or organizations (below collectively referred to as organizations or individuals) intentionally or unintentionally violating the law on standards, metrology and product and goods quality, which are not crimes but subject to administrative sanctioning under law.

Article 2. Subjects of application

Vietnamese and foreign organizations and individuals that commit administrative violations in the domain of standards, metrology and product and goods quality in Vietnamese territory shall be administratively sanctioned under this Decree.

Article 3. Forms of administrative sanctioning and remedies

1. An administrative violation in the domain of standards, metrology and product and goods quality is subject to either of the following principal sanctions:

a/ Caution;

b/ Fine.

2. Depending on the nature and severity of violations, organizations or individuals committing administrative violations in the domain of standards, metrology and product and goods quality may be subject to one or several of the following additional sanctions:

a/ Deprivation of the right to use standard conformity certificates; regulation conformity certificates; certificates of operation conditions of conformity certification organizations; inspection certificates, inspection stamps or inspection seals; or practice permits or certificates granted by standards, metrology and quality agencies;

b/ Deprivation of the right to use decisions approving specimen measuring devices; decisions certifying standard measuring devices; decisions accrediting the capacity to inspect measuring devices; decisions designating quality inspection organizations; or metrology inspector's cards;

c/ Confiscation of material evidences or means used to commit administrative violations in the domain of standards, metrology and product and goods quality, including papers or documents which are illegally modified, erased or forged or granted.

3. Apart from principal and additional sanctions, administrative violators may be subject to one or several of the following remedies:

a/ Forcible restoration of the original state which has been altered by administrative violations;

b/ Recovery into the state budget of sums of money illegally gained from the commission of administrative violations;

c/ Forcible re-processing or destruction of products or goods in violation of the law on standards, metrology and product and goods quality;

d/ Forcible re-export or destruction of imported goods in violation of the law on standards, metrology and product and goods quality or imported measuring devices in contravention of metrology regulations:

dd/ Forcible recovery of circulated products or goods or measuring devices used in violation;

e/ Forcible inspection and completion of procedures for the approval of specimen measuring devices within the prescribed time limit;

g/ Forcible implementation of metrology regulations for pre-packed goods.