Title: Decree No. 80/2013/ND-CP of July 19, 2013, regulations on sanction of administrative violation in the field of standards, metrology and quality of products and goods

Type: Decree

Issuing Agency: Government

Responsible Agency: Ministry of Science and Technology

Issuing Date: 19-07-2013

 

Forms of sanction and remedial measures

1. For each administrative violation in the field of standards, metrology 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, metrology 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;

b) Coercively recycling, re-exporting or destroying the products and goods in breach of law on standards, metrology and quality of products and goods or measuring device, import and production measurement standards in contravention of regulations on measurement;

c) Coercively revoking products and goods or measuring device in breach of law on standards, metrology and quality of products, goods circulated;

d) Coercively surrendering illegal profits earned by committing administrative violation or Coercively surrendering the amount of money equal to the value of material evidence and means of administrative violation that have been sold, dispersed or destroyed in contravention of law ;

dd) Coercively converting purpose of use or rectifying false or misleading information;

e) Coercively invalidating the result of calibration or comparison performed.

 

For further details, Please see a reference translation  at   http://www.moit.gov.vn/en/Pages/detaildocument.aspx?vID=188

 

 

 

 

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