Tiếng Việt
中文Short answer: The levels of administrative sanctions for commercial activities of foreign traders in Vietnam are prescribed in Decree 98/2020/ND-CP (as amended by Decree 17/2022/ND-CP). Maximum fine brackets: VND 100 million for individuals and VND 200 million for organizations in the trade sector (except certain specific acts with separate brackets); fines for organizations are 02 times those for individuals. Late extension of the License for establishment of a Representative Office is one of the violations sanctioned under this decree.
Legal basis
- Decree 98/2020/ND-CP (as amended by Decree 17/2022/ND-CP) — administrative sanctions in commercial activities, production and trading of counterfeit and banned goods, and protection of consumer rights.
Fine brackets
- Trade sector: maximum VND 100,000,000 (individuals) / VND 200,000,000 (organizations);
- Production and trading of counterfeit and banned goods, protection of consumer rights: maximum VND 200,000,000 (individuals) / VND 400,000,000 (organizations);
- Principle: the prescribed fine levels apply to individuals; violating organizations are fined 02 times (except acts with separate provisions).
Violations by Representative Offices of foreign traders
- Late extension of the establishment License of the Representative Office;
- Operating inconsistently with the contents stated in the License;
- Failure to report activities periodically to the licensing authority;
- Leasing or lending the License;
- Specific fines for each act apply under the corresponding provisions of Decree 98/2020 (as amended).
Key notes
- In addition to fines, additional penalties (fixed-term license revocation) and remedial measures may be applied;
- When determining the fine for a specific act, the direct provision of Decree 98/2020 (as amended by Decree 17/2022) must be checked — not inferred from the maximum brackets.
How ANT Legal can assist
ANT Legal advises on commercial law compliance for foreign traders and handles administrative violations. For advice on your specific case, please contact our lawyers at 0966.475.966.
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