Decree No. 124/2015/ND-CP regulating penalties for administrative violations in commercial activities, production and trading in counterfeit and banned goods, and protection of consumer rights

THE GOVERNMENT

Decree No. 124/2015/ND-CP dated November 19, 2015 of the Government on amending and supplementing a number of Articles of Decree No. 185/2013/ND-CP regulating penalties for administrative violations in commercial activities, production and trading in counterfeit and banned goods, and protection of consumer rights

Pursuant to the Law on Government organization dated December 25, 2001;

Pursuant to the Law on Actions against administrative violations dated June 20, 2012;

Pursuant to the Law on Investment dated November 26, 2014;

Pursuant to the Law on Enterprise dated November 26, 2014;

Pursuant to the Law on Commerce dated June 14, 2005;

Pursuant to the Law on Electronic transaction dated November 29, 2005;

Pursuant to the Law on Tobacco Harm Prevention dated June 18, 2012;

Pursuant to the Law on consumers’ right protection dated November 17, 2010;

At the request of the Minister of Industry and Trade,

The Government promulgates the Decree providing amendments and supplements to a number of articles of the Government’s Decree No. 185/2013/ND-CP dated November 15, 2013 regulating penalties for administrative violations in commercial activities, production and trading in counterfeit and banned goods, and protection of consumer rights.

Article 1. To amend and supplement a number of articles of the Government’s Decree No. 185/2013/ND-CP dated November 15, 2013 regulating penalties for administrative violations in commercial activities, production and trading in counterfeit and banned goods, and protection of consumer rights

1. To supplement the Clause 5, Article 1:

“5. For acts of commercial speculation, hoarding of goods, procurement of goods and services, and franchising that show signs of competition restriction under the law on competition, apply provisions on investigation and handling of violations of the law on competition.”

2. To amend the Clause 3, Article 2:

“3. Organizations as prescribed in Clause 1, this Article include economic organizations being enterprises established and operating under the Law on Enterprise; cooperatives, and unions of cooperatives established under the Law on Cooperatives; other economic organizations established and operating according to law provisions and their affiliates; representative offices, branches of foreign dealers in Vietnam; representative offices of foreign trade promotion organizations in Vietnam.”

3. To amend the Point b, Clause 8, Article 3:

“b) Goods that include at least one of quality norms or basic technical characteristics creating value in use only reaching a level of 70% and lower in comparison with the quality standards or technical standards registered, announced for application or printed on packages;”

4. To supplement the Clause 14, Article 3:

“14. “Goods with origin unclear” mean the goods that are circulating in the market without clear origin.”

5. To amend the Point d, Clause 5, Article 4:

“d) Force withdrawal, destruction or elimination of factors of violations applied to types of products, goods as prescribed in Articles 33, 35 and 36 of the Law on Actions against administrative violations that are still circulating in the market and consumed, sold by individuals or organizations who commit administrative violations;”

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