Chương 3 Nghị định 99/2013/NĐ-CP Quy định xử phạt vi phạm hành chính trong lĩnh vực sở hữu công nghiệp: Thẩm quyền xử phạt hành chính

Chapter 3.

COMPETENCE FOR ADMINISTRATIVE SANCTION

Article 15. Sanctioning competence

1. Scientific and technological inspectorates are competent to handle violations specified in Chapter II of this Decree.

2. Information and communications inspectorates are competent to handle violations specified in Point a, Clause 16, Article 14 of this Decree.

3. Market management offices are competent to handle the following violations:

a) Violations specified in Article 12 and Article 13 of this Decree in manufacturing, trading, transporting, storing goods at domestic market;

b) Violations specified in Articles 6, 9, 11 and 14 of this Decree in trading, transporting goods at domestic market. In case where facilities producing those goods are identified when handling violations specified in point b Clause 3 of this Article, the competent Market management offices may continue handling violations at the production facilities.

4. Customs offices are competent to handle violations specified in Articles 6, 9, 10, 11, 12, 13 and 14 of this Decree in the transit or import of goods.

5. Police agencies are competent to detect, verify, collect information and evidence of acts infringing industrial property rights and provide them to agencies handling violations specified in Clauses 1, 2, 3 and 4 of this Article; and competent to handle violations specified in Articles 9, 12 and 13 of this Decree.

6. The provincial and district-level People's Committees are competent to handle violations in industrial property which are committed in their respective localities on the principle of determination and apportionment of competence sanctioning administrative violations provided in Article 38 and Article 52 of the Law on Handling of Administrative Violations.

Article 16. Sanctioning competence of scientific and technological inspectorates

1. Inspectors of the Inspectorate of Science and Technology Ministry, or Inspectorate of provincial-level Science and Technology Departments who are on duty may:

a) Impose warning;

b) Fine up to VND 500,000;

c) Confiscate material evidence or means used in the commission of administrative violations valued not exceeding the fine level specified in point b of this Clause;

d) Apply remedies specified at Point d Clause 3 Article 3 of this Decree.

2. Chief inspectors of provincial-level Science and Technology Departments, or heads of specialized inspectorate delegations of the provincial-level Science and Technology Departments may:

a) Impose warning;

b) Fine up to VND 50,000,000;

c) Deprive of the right to use practice permits or certificates for a definite period or suspend the business in infringing goods or services for a definite period;

d) Confiscate material evidence or means used in the commission of administrative violations valued not exceeding the fine level specified in point b of this Clause;

dd) Apply remedies specified at Clause 3 Article 3 of this Decree.

3. Chief inspector of the Science and Technology Ministry may:

a) Impose warning;

b) Fine up to VND 250,000,000;

c) Deprive of the right to use practice permits or certificates for a definite period or suspend the business in infringing goods or services for a definite period;

d) Confiscate material evidence or means used in the commission of administrative violations;

dd) Apply remedies specified at Clause 3 Article 3 of this Decree.

4. Heads of specialized inspectorate delegations of the Science and Technology Ministry may:

a) Impose warning;

b) Fine up to VND 175,000,000;

c) Deprive of the right to use practice permits or certificates for a definite period or suspend the business in infringing goods or services for a definite period;

d) Confiscate material evidence or means used in the commission of administrative violations valued not exceeding the fine level specified in point b of this Clause;

dd) Apply remedies specified at Clause 3 Article 3 of this Decree.

Article 17. Sanctioning competence of information and communications inspectorates

1. Inspectors of the Inspectorate of information and communications Ministry or Inspectorates of provincial-level information and communications Departments who are on duty may:

a) Impose warning;

b) Fine up to VND 500,000;

c) Confiscate material evidence or means used in the commission of administrative violations valued not exceeding the fine level specified in point b of this Clause;

d) Apply remedies specified at Point a Clause 3 Article 3 of this Decree.

2. Chief inspectors of provincial-level Science and Technology Departments, or heads of specialized inspectorate delegations of the provincial-level Science and Technology Departments may:

a) Impose warning;

b) Fine up to VND 50,000,000;

c) Deprive of the right to use practice permits or certificates for a definite period or suspend the business in infringing goods or services for a definite period;

d) Confiscate material evidence or means used in the commission of administrative violations valued not exceeding the fine level specified in point b of this Clause;

d) Apply remedies specified at Point a Clause 3 Article 3 of this Decree.

3. Chief inspector of Information and Communications Ministry may:

a) Impose warning;

b) Fine up to VND 250,000,000;

c) Deprive of the right to use practice permits or certificates for a definite period or suspend the business in infringing goods or services for a definite period;

d) Confiscate material evidence or means used in the commission of administrative violations;

dd) Apply remedies specified at Point a Clause 3 Article 3 of this Decree.

4. Heads of specialized inspectorate delegations of the Information and Communications Ministry may:

a) Impose warning;

b) Fine up to VND 175,000,000;

c) Deprive of the right to use practice permits or certificates for a definite period or suspend the business in infringing goods or services for a definite period;

d) Confiscate material evidence or means used in the commission of administrative violations valued not exceeding the fine level specified in point b of this Clause;

dd) Apply remedies specified at Point a Clause 3 Article 3 of this Decree.

Article 18. Sanctioning competence of market management officers

1. Heads of market management teams may:

a) Impose warning;

b) Fine up to VND 25,000,000;

c) Confiscate material evidence or means used in the commission of administrative violations valued not exceeding the fine level specified in point b of this Clause;

d) Apply remedies specified at Points a, b, d, dd, e, g and h Clause 3 Article 3 of this Decree.

2. Directors of market management sub-departments of the provincial Departments of Industry and Trade, Heads of anti-smuggling divisions and anti-counterfeits divisions under the market management departments may:

a) Impose warning;

b) Fine up to VND 50,000,000;

c) Deprive of the right to use practice permits or certificates for a definite period or suspend the business in infringing goods or services for a definite period;

d) Confiscate material evidence or means used in the commission of administrative violations valued not exceeding the fine level specified in point b of this Clause;

dd) Apply remedies specified at Clause 3 Article 3 of this Decree.

3. Directors of the provincial market management Departments may:

a) Impose warning;

b) Fine up to VND 250,000,000;

c) Deprive of the right to use practice permits or certificates for a definite period or suspend the business in infringing goods or services for a definite period;

d) Confiscate material evidence or means used in the commission of administrative violations;

dd) Apply remedies specified at Clause 3 Article 3 of this Decree.

Article 19. Sanctioning competence of customs officers

1. Heads of professional operation teams of Customs sub-Departments or Post-Customs Clearance Inspection Sub-Departments may:

a) Impose warning;

b) Fine up to VND 5,000,000,000;

2. Directors of Customs Sub-Departments or Post-Customs Clearance Inspection Sub-Departments, heads of control teams of provincial, inter-provincial or municipal Customs Departments (below referred to as provincial-level Customs Departments), heads of anti-smuggling control teams, heads of customs procedures teams, heads of intellectual property right control and protection teams and captains of sea patrol flotillas of the Anti-Smuggling Investigation Department of the General Department of Customs may:

a) Impose warning;

b) Fine up to VND 25,000,000;

c) Confiscate material evidence or means used in the commission of administrative violations valued not exceeding the fine level specified in point b of this Clause;

d) Apply remedies specified at Points a, b, d, dd, g and h Clause 3 Article 3 of this Decree.

3. The directors of the Anti-Smuggling Investigation Department and the Post-Customs Clearance Inspection Department of the General Department of Customs and directors of provincial-level Customs Departments may:

a) Impose warning;

b) Fine up to VND 50,000,000;

c) Deprive of the right to use practice permits or certificates for a definite period or suspend the business in infringing goods or services for a definite period;

d) Confiscate material evidence or means used in the commission of administrative violations valued not exceeding the fine level specified in point b of this Clause;

dd) Apply remedies specified at Points a, b, c, d, dd, g and h Clause 3 Article 3 of this Decree.

4. General Director of the General Department of Customs may:

a) Impose warning;

b) Fine up to VND 250,000,000;

d) Confiscate material evidence or means used in the commission of administrative violations;

d) Apply remedies specified at Points a, b, c, d, dd, g and h Clause 3 Article 3 of this Decree.

Article 20. Sanctioning competence of People’s Public Security officers

1. Heads of border-gate and processing and exporting zone police stations may:

a) Impose warning;

b) Fine up to VND 2,500,000;

c) Confiscate material evidence or means used in the commission of administrative violations valued not exceeding the fine level specified in point b of this Clause;

d) Apply remedies specified at Point d Clause 3 Article 3 of this Decree.

2. District-level police chiefs, heads of police sections for investigation of crimes related to economic management order and positions may:

a) Impose warning;

b) Fine up to VND 25,000,000;

c) Deprive of the right to use practice permits or certificates for a definite period or suspend the business in infringing goods or services for a definite period;

d) Confiscate material evidence or means used in the commission of administrative violations valued not exceeding the fine level specified in point b of this Clause;

dd) Apply remedies specified at Points b, d, dd, and g Clause 3 Article 3 of this Decree.

3. Directors of provincial-level Police Departments may:

a) Impose warning;

b) Fine up to VND 50,000,000;

c) Deprive of the right to use practice permits or certificates for a definite period or suspend the business in infringing goods or services for a definite period;

d) Confiscate material evidence or means used in the commission of administrative violations valued not exceeding the fine level specified in point b of this Clause;

dd) Apply remedies specified at Points b, d, dd, g and h Clause 3 Article 3 of this Decree.

4. Director of the Police Department for Investigation of Crimes related to Economic Management Order and Positions may:

a) Impose warning;

b) Fine up to VND 250,000,000;

c) Deprive of the right to use practice permits or certificates for a definite period or suspend the business in infringing goods or services for a definite period;

d) Confiscate material evidence or means used in the commission of administrative violations;

dd) Apply remedies specified at Points b, d, dd, g and h Clause 3 Article 3 of this Decree.

5. Apart from persons defined in Clauses 1, 2, 3 and 4 of this Article, competent persons of People’s Public Security forces who detect acts of administrative violations in industrial property under their competence and management localities may sanction as prescribed in Article 39 of the Law on handling of administrative violations and this Decree.

Article 21. Sanctioning competence of chairpersons of district- and provincial-level People's Committees

1. Chairpersons of district-level People's Committees may:

a) Impose warning;

b) Fine up to VND 50,000,000;

c) Deprive of the right to use practice permits or certificates for a definite period or suspend the business in infringing goods or services for a definite period;

c) Confiscate material evidence or means used in the commission of administrative violations valued not exceeding the fine level specified in point b of this Clause;

dd) Apply remedies specified at Points b, d, dd, e, g and h Clause 3 Article 3 of this Decree.

2. Chairpersons of provincial People's Committees may:

a) Impose warning;

b) Fine up to VND 250,000,000;

d) Confiscate material evidence or means used in the commission of administrative violations;

c) Deprive of the right to use practice permits or certificates for a definite period or suspend the business in infringing goods or services for a definite period;

dd) Apply remedies specified at Clause 3 Article 3 of this Decree.