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MEKONG COUNSEL

Decree on sanctioning administrative violations in consumer rights protection domain

On March 16th, 2012, the Government issued Decree No. 19/2012/ND-CP on sanctioning administrative violations in consumer rights protection domain. Accordingly, violation acts, sanctioning forms, levels, and authorities shall be regulated as follows:

 

- Violation acts shall include: Violations of protection of consumers’ information; fraudulent advertisements; failure to provide information on goods, services to consumers; breach of contract signed with consumers and general business conditions; violations of warranty obligation and collection of defected goods; harassing and forcing consumers; trading substandard goods, providing substandard services;…

 

- Sanctioning forms: depending on the nature and seriousness of violations, organizations, individuals commiting administrative violations shall be applied one or some of the following sanctioning forms: (a) caution; (b) monetary fine; (c) revocation of licenses, practicing licenses; (d) confiscation of exhibits, vehicles used for committing administrative violations; (e) remedial measures in accordance with each violation act as prescribed.

 

- Sanctioning levels: a maximum fine of up to VND70 million (USD3,353) shall be applied to one violation act in consumer rights protection domain.

 

- Sanctioning authorities: Director of the Vietnam Competition Authority, Chairman of the People’s Committee of all levels, market control authorities, the people’s public security, border guards, sea policemen, customs officers, tax departments, specialized inspectors, and other offices as prescribed by the Ordinance on handling of administrative violations.

 

This Decree shall be effective from May 1st, 2012.

 

Remarks: File attached.