Chương III 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: Thẩm quyền và thủ tục xử phạt

Chapter III

SANCTIONING COMPETENCE AND PROCEDURES

Article 29. Sanctioning competence of the specialized science and technology inspectorate

1. Specialized science and technology inspectors on public duty may:

a/ Serve caution:

b/ Impose fines of up to VND 500,000;

c/ Confiscate material evidences or means valued at up to VND 2,000,000 used in administrative violations;

d/ Force the application of remedies specified in Clause 3, Article 3 of this Decree, except those mentioned at Points b and d.

2. Chief inspectors of provincial-level Science and Technology Services may:

a/ Serve caution;

b/ Impose fines of up to VND 30,000,000 ;

c/ Deprive for a definite or indefinite duration of the right to use decisions, permits or practice certificates granted by competent agencies or organizations in the domain of standards, metrology and product and goods quality;

d/ Confiscate material evidences or means used in administrative violations;

dd/ Force the application of remedies specified in Clause 3, Article 3 of this Decree, except forcible re-export.

3. The Chief Inspector of the Ministry of Science and Technology may:

a/ Serve caution;

b/ Impose fines of up to the maximum level specified in this Decree;

c/ Deprive for a definite or indefinite duration of the right to use decisions, permits or practice certificates granted by competent agencies or organizations in the domain of standards, metrology and product and goods quality;

d/ Confiscate material evidences or means used in administrative violations;

dd/ Force the application of remedies specified in Clause 3. Article 3 of this Decree, except forcible re-export.

Article 30. Competence of presidents of People's Committees at all levels to handle administrative violations

1. Commune-level People's Committee presidents may sanction administrative violations in the domain of standards, metrology and product and goods quality, for acts specified in Article 6, Clause 1 of Article 7 and Clause 1 of Article 8. of this Decree, and force the application of remedies specified at Points a, c, f and g. Clause 3, Article 3 of this Decree.

2. District-level People's Committee presidents may:

a/ Serve caution;

b/ Impose fines of up to VND 30,000,000 ;

c/ Confiscate material evidences or means used in administrative violations;

d/ Force the application of remedies specified in Clause 3. Article 3 of this Decree, except forcible re-export.

2. Provincial-level People's Committee presidents may:

a/ Serve caution;

b/ Impose fines of up to the maximum level specified in this Decree;

c/ Confiscate material evidences or means used in administrative violations;

d/ Force the application of remedies specified in Clause 3, Article 3 of this Decree.

Article 31. Sanctioning competence of other agencies

If detecting administrative violations in the domain of standards, metrology and product and goods quality, public security, customs and market management forces, specialized inspectorates and other agencies may, within the ambit of their assigned functions, tasks and powers, sanction administrative violations under the Ordinance on Handling of Administrative Violations and this Decree.