Decree No. 98/2020/ND-CP dated August 26, 2020 of the Government providing penalties on administrative violations in commercial activities, production of, trading in counterfeit or banned goods and protection of consumer rights

The Government issues the Decree No. 98/2020/ND-CP providing penalties on administrative violations in commercial activities, production of, trading in counterfeit or banned goods and protection of consumer rights on August 26, 2020.

This Decree stipulates that the maximum fine level in the field of commerce and protection of consumer rights is VND 100,000,000 and VND 200,000,000 in the field of production of and trading in counterfeit and banned goods, for an individual. The fine level applied to an organization is double the fine level applied to an individual, is VND 200,000,000 in the field of commerce and protection of consumer rights and VND 400,000,000 in the field of production of and trading in counterfeit and banned goods, respectively.

To be specific: Individuals trading goods with counterfeit use-value or use shall be fined from VND 1 million to 70 million, depending on the value of counterfeit goods compared to the authentic goods value. For the acts of trading counterfeit goods being foods, cosmetics and medical stuffs, etc., a fine doubling the above fine shall be imposed.

For acts of producing counterfeit goods, a maximum fine to be imposed is VND 100 million for an individual. Similarly, the maximum fine of VND 200 million shall be imposed if such goods are foods, cosmetics and medical stuffs.

A fine of between VND 500,000 and VND 1,000,000 shall be imposed on acts of selling or supplying liquors or beers to persons under 18 years old. In case of selling liquors and beers using vending machines; employing persons under 18 years old in direct production or sale of liquors and beers, a fine of between VND 3,000,000 and VND 5,000,000 shall be imposed.

The Decree also prescribes fine levels for acts of trading in banned services, hoarding and speculating in goods; trade promotion and acts of violation in e-commerce, etc.

This Decree takes effect on October 15, 2020.

Source: luatvietnam