What behaviors are considered illegal solicitation of customers? Businesses illegally soliciting customers are fined up to VND 400 million?
What behaviors are considered illegal solicitation of customers?
According to the provisions of Clause 5, Article 45 Competition Law 2018 Illegally soliciting customers is considered a prohibited act of unfair competition, including the following forms:
- Giving false or misleading information to customers about the business or the goods, services, promotions, or transaction conditions related to the goods and services that the business provides in order to attract customers of the business. other karma;
- Compare your goods and services with goods and services of the same type from other businesses but cannot prove the content.
Businesses illegally soliciting customers are fined up to 400 million VND?
The level of administrative penalties for businesses illegally soliciting customers is specified in Article 20 Decree 75/2019/ND-CP as follows:
Illegal acts of soliciting customers
1. A fine from 100,000,000 VND to 200,000,000 VND shall be imposed for illegally soliciting customers in the following forms:
a) Providing false or misleading information to customers about the business or the goods, services, promotions, or transaction conditions related to the goods and services that the business provides in order to attract customers of the business. other businesses;
b) Compare your goods and services with goods and services of the same type from other enterprises but cannot prove the content.
2. Fines twice the level specified in Clause 1 of this Article for violations in Clause 1 of this Article in cases where the violation is committed in two or more provinces or centrally run cities. go up.
3. Additional sanctions:
a) Deprive the right to use licenses and practice certificates for a limited period of time or suspend operations for a limited period of time;
b) Confiscation of exhibits and means used to commit administrative violations of competition;
c) Confiscation of profits earned from the violation.
4. Remedial measures:
a) Forced public correction;
b) Eliminate infringing elements on goods, goods packaging, business vehicles, and articles.
According to Clause 7, Article 4 Decree 75/2019/ND-CP Regulations on fines are as follows:
Fines for administrative violations of competition
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7. The maximum fine specified in Chapter II of this Decree applies to violations committed by organizations; For individuals who commit the same administrative violation of competition, the maximum fine is equal to half of the maximum fine for organizations.
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According to the above regulations, businesses that illegally solicit customers may be subject to administrative penalties with fines ranging from 100,000,000 VND to 200,000,000 VND.
In case the violation is committed in two or more provinces or centrally run cities, the enterprise may be fined from 200,000,000 VND to 400,000,000 VND.
Violating enterprises will also have their rights to use licenses and practice certificates revoked for a limited period of time or have their operations suspended for a limited period of time; confiscated material evidence and means used to commit administrative violations of competition; and confiscation of profits obtained from the commission of violations.
At the same time, this enterprise was also forced to make public corrections; and remove infringing elements on goods, goods packaging, business vehicles, and articles.