Tiếng Việt
Table of Contents
1. Administrative sanctions
2. Criminal prosecution
1. Administrative sanctions
According to Clause 2, Article 14 of Decree 119/2017/ND-CP amended and supplemented by Decree 126/2021/ND-CP, it is stipulated as follows:
“2. The fines for the violation against regulations on measurement process during sale and purchase of goods or provision of services that the quantity of such goods or services having errors exceeding the prescribed errors according to technical measurement requirements for measurement process declared by the entity or regulated by a competent authority for illegal profit:
a) A fine of from VND 5,000,000 to VND 10,000,000 if the illegal profit is not exceeding VND 10,000,000;
b) A fine of from VND 10,000,000 to VND 20,000,000 if the illegal profit is exceeding VND 10,000,000 but not exceeding VND 50,000,000;
c) A fine of from VND 20,000,000 to VND 40,000,000 if the illegal profit is exceeding VND 50,000,000 but not exceeding VND 100,000,000;
d) A fine of from VND 40,000,000 to VND 60,000,000 if the illegal profit is exceeding VND 100,000,000 but not exceeding VND 200,000,000;
dd) A fine equal to 1 – 2 times the illegal profit if it is exceeding VND 200,000,000 but not exceeding VND 300,000,000;
e) A fine equal to 2 – 3 times the illegal profit if it is exceeding VND 300,000,000 but not exceeding VND 400,000,000;
g) A fine equal to 3 – 4 times the illegal profit if it is exceeding VND 400,000,000 but not exceeding VND 500,000,000;
h) A fine equal to 4 – 5 times the illegal profit if it is exceeding VND 500,000,000.”
In addition, violators must also apply remedial measures according to Clause 3, Article 14 of Decree 119/2017/ND-CP, amended and supplemented by Decree 126/2021/ND-CP, which stipulates as follows: “Enforced transfer of the illegal profit earned from committing the violations specified in Points a, b, c and d Clause 2 this Article to state budget.”
2. Criminal prosecution
According to Article 198 of the 2015 Penal Code, amended and supplemented in 2017, the crime of “Deceiving customers” is stipulated as follows:
“Article 198. Deceiving customers
1. Any person that fraudulently measures goods or services or commit other fraudulent acts while buying or selling goods/services in any of the following cases shall receive a warning, be liable to a fine of from VND 10,000,000 to VND 100,000,000, or face a penalty of up to 03 years’ community sentence:
a) The offender previously incurred a civil penalty for the same offence or has a previous conviction for the same offence which has not been expunged;
b) The illegal profit reaped is from VND 5,000,000 to under VND 50,000,000.
2. This offence committed in any of the following cases shall carry a fine of from VND 100,000,000 to VND 500,000,000 or a penalty of 01 – 05 years’ imprisonment:
a) The offence is committed by an organized group;
b) The offence is committed in a professional manner;
c) The offence involves the use of deceitful methods;
d) The illegal profit earned is VND 50,000,000 or over.
3. The offender might also be liable to a fine of from VND 20,000,000 to VND 100,000,000, be prohibited from holding certain positions or doing certain works for 01 – 05 years. Thus, based on the above provisions, depending on the nature and severity of the violation, the act of weighing and selling short shall be subject to administrative sanctions or criminal prosecution.”