Business establishments that do not sell masks and disinfectant solution to customers shall be administratively handled or criminally prosecuted

In the past few days, after being sanctioned by the Market Manager for “falsely increasing” the selling price for profit, some business establisment and pharmacies have shown signs of not selling masks and disinfectant solution to customers, but for wholesale at high prices to “wholesalers” to resell or export to China.

This act of “speculation of goods” will be administratively sanctioned according to Article 47 of Decree 185/2013/ND-CP on sanctioning of administrative violations in commercial activities, production and trading of counterfeit goods and consumer protection, “Whoever commits one of the following acts without a plausible reason will be fined from VND 5,000,000 to VND 10,000,000 such as:

Reduce sales locations; Cut down the sales method (from wholesale to retail) that is different from the previous time; Regulations, listing, selling goods by quantity, different buyers from the previous time; Cut down the sales time, the delivery time of goods is different from the previous time.

A fine ranging from VND 10,000,000 to VND 20,000,000 shall be imposed for reducing the quantity of goods sold on the market; stop selling goods to the market; do not open shops or business transaction locations to sell goods; opening shops or places for business transactions but not selling goods.

Those who “speculatinggoods” in the warehouse in excess of 150% of the average inventory of the previous three months will be fined from VND 20,000,000 to VND 30,000,000.Violators are also subject to additional sanctions such as confiscation of material evidences, deprivation of the right to use business licenses or practice certificates for 3 to 6 months for repeated violations or recidivism. For those who take advantage of the scarcity of goods to buy masks, collect masks and disinfectant solution for resale to gain illicit profits when the market has fluctuations in supply and demand, commodity prices due to natural disasters, etc. In case of an accident or epidemic, an administrative fine of between VND 5,000,000 and 10,000,000 will be imposed.

Depending on the illicit profits obtained or the behavior causing serious consequences, causing death or spreading disease in the community, the “speculator” may be fined up to VND 5,000,000,000 or be imprisoned up to 15 years as prescribed in Article 196 of Criminal Code 2015.

Therefore, people who trade in masks and disinfectant solution should not try to “take advantage” for their own interests but act against the law and against social morality, then will bear the consequences. While the whole society is working together to prevent and control the nCoV epidemic.

Note: The content of the article is subject to the law at the time of writing, any questions please contact LS Law Firm for advice and support from lawyers.