Decree No. 185/2013/ND-CP dated November 15, 2013 of the Government providing the penalties on administrative violations in commercial activities, production of, trading in counterfeit or banned goods and protection of consumer rights

THE GOVERNMENT --------	SOCIALIST REPUBLIC OF VIETNAM Independence - Freedom - Happiness ---------------
No.: 185/2013/ND-CP	Hanoi, November 15, 2013

DECREE

PROVIDING THE PENALTIES ON ADMINISTRATIVE VIOLATIONS IN COMMERCIAL ACTIVITIES, PRODUCTION OF, TRADING IN COUNTERFEIT OR BANNED GOODS AND PROTECTION OF CONSUMER RIGHTS

Pursuant to the Law on Organization of the Government of December 25th, 2001;

Pursuant to the Law on handling of administrative violations of June 20, 2012;

Pursuant to the Commercial Law of June 14^th, 2005;

Pursuant to the Law on Enterprises of November 29^th, 2005;

Pursuant to the Law on E-Commerce of November 29^th, 2005;

Pursuant to the Law on Prevention and Control of Tobacco Harms of June 18^th, 2012;

Pursuant to the Law on Protection of Consumer Rights of November 17^th, 2011;

At the proposal of the Minister of Industry and Trade;

The Government promulgates the Decree on the penalties of administrative violations in commercial activities, production of, trading in counterfeit goods or banned goods and protection of consumer rights,

Chapter 1.

GENERAL PROVISIONS

Article 1. Scope of regulation

1. This Decree provides for acts of administrative violations, forms of sanction, levels of sanction, remedial measures, competency to make records and to impose sanction on administrative violations in commercial activities, production of, trading in counterfeit or banned goods and protection of consumer rights.

2. Acts of administrative violations in commercial activities, production of, trading in counterfeit or banned goods and protection of consumer rights specified in this Circular shall comprise:

a) Acts of violation in business activities according to the business registration certificates, the business licenses, the certificates on satisfaction of business conditions and the practice certificates of goods or services trading;

b) Acts of trading in banned services, production of and trading in counterfeit or banned goods;

c) Acts of trading in illegally-imported goods; goods circulated in domestic market being applied with emergency measures; goods or services being restrained from trading; goods or services of conditional business; goods being expired, without origins or sources and other violations;

d) Acts of violation on production or trade of tobacco;

dd) Acts of violation on production or trade of wines;

e) Acts of hoarding and speculation of goods;

g) Acts of violation in trade promotion activities;

h) Acts of violation in commercial intermediate activities;

i) Acts of violation in importing or exporting goods and services which are related to goods import or export;