Acts of Violation of Commercial Law
Violations include:
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Violations of regulations on business registration; business licenses of traders; establishment and operation of representative offices and branches of Vietnamese traders and foreign traders;
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Violations of regulations on goods and services traded domestically, as well as goods and services for export and import; temporary import and re-export, temporary export and re-import; transit trade; transshipment;
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Violations of tax regimes, invoices, documents, accounting books, and reports;
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Violations of regulations on the pricing of goods and services;
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Smuggling, trading in smuggled goods, trading in counterfeit goods or raw materials and materials used for the production of counterfeit goods, and illegal business operations;
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Violations of regulations relating to the quality of goods and services traded domestically and goods and services for export and import;
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Fraud and deception of customers in the purchase and sale of goods or the provision of services;
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Violations of regulations concerning the protection of consumer rights;
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Violations of intellectual property rights in relation to goods and services traded domestically and for export and import;
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Other violations in commercial activities as prescribed by law.
Forms of Handling Violations of Commercial Law
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Depending on the nature, seriousness, and consequences of the violation, organizations and individuals shall be subject to one of the following forms of handling:
a) Administrative sanctions in accordance with the law on handling administrative violations;
b) Where the violation contains sufficient elements constituting a criminal offense, the violator shall be subject to criminal prosecution in accordance with the law. -
Where the violation causes damage to the interests of the State or to the lawful rights and interests of organizations and individuals, the violator must compensate for the damage in accordance with the law.
(Legal basis: Articles 320 and 321, Commercial Law 2005)
