THE GOVERNMENT

Decree No. 80/2013/ND-CP dated July 19, 2013 of the Government promulgating the administrative violation sanction in the field of standards, measure and quality of products and goods

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

Pursuant to the Law on Standards and Technical Regulations dated June 29, 2006;

Pursuant to the Law on Quality of Products and Goods dated November 21, 2007;

Pursuant to the Measure Law dated November 11, 2011;

Pursuant to the Law on Handling of Administrative Violations dated June 20, 2012;

At the proposal of the Minister of Science and Technology;

The Government issues the Decree promulgating the administrative violation sanction in the field of standards, measure and quality of products and goods;

Ch apter 1.

GENERAL PROVISIONS

Article 1. Scope of adjustment

1. This Decree stipulates the acts of administrative violation, forms of sanction, levels of sanction, remedial measures, the jurisdiction and procedures for sanction of administrative violations in the field of standards and technical regulations; measurement and quality of products and goods (hereinafter referred to as the field of standards, measure and quality of products and goods).

2. Other administrative violations in the field of standards, measure and quality of products and goods not stipulated in this Decree shall apply the provisions of the Government’s other decrees on sanction of administrative violations in the relevant field of state management for sanction.

Article 2. Sanction forms and remedial measures

1. For each administrative violation in the field of standards, measure and quality of products and goods, organizations and individuals must undergo one of the main sanctions as a caution or a fine.

2. Depending on the nature and seriousness of the violation, organizations and individuals that have acts of violation may also be subject to additional forms of sanctions as follows:

a) Depriving the right to use with fixed term: the Certificate of conformance, the Certificate of conformity, conformance mark, conformity mark, the registration Certificate in the field of conformity assessment, the registration Certificate of inspection, calibration and testing operation, the inspection Certificate, the calibration Certificate, the Decision on inspector certification, the Decision on recognized inspection capability, the Decision on inspection, calibration and testing organization appointment, the Decision on conformity assessment organization appointment; the Decision on model approval, Certificate of code and barcode use right; Certificate of eligibility for business issued by the competent state authority for violation of measurement in using measuring device of group 2 and violation of quality of goods circulated in the market.

b) Suspending operations with definite term shall comply with the provisions specified in Clause 2, Article 25 of the Law on handling of administrative violations;

c) Confiscating material evidences and means of administrative violations in the field of standards, measure and quality of products and goods.

3. In addition to form of major sanction and additional sanction, the organizations and individuals administratively violating may be applied by one or a lot of remedial measures as follows:

a) Coercively revoking the certificate of inspection, calibration, accreditation, testing results and conformance assessment results;