THE GOVERNMENT
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SOCIALIST
REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
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No. 106/2003/ND-CP
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Hanoi, September 23, 2003
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DECREE
PRESCRIBING THE SANCTIONING OF ADMINISTRATIVE VIOLATIONS IN
THE FIELD OF CHARGE AND FEE
THE
GOVERNMENT
Pursuant to the December 25,
2001 Law on Organization of the Government;
Pursuant to the July 2, 2002 Ordinance on Handling of Administrative
Violations;
Pursuant to the August 28, 2001 Ordinance on Charges and Fees;
At the proposal of the Finance Minister,
DECREES:
Chapter I
GENERAL PROVISIONS
Article 1.-
Regulation scope
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2. The administrative violations
in the field of charge and fee, prescribed in this Decree, include:
a) Violation of regulations on
competence to prescribe charges, fees;
b) Violation of regulations on
registration, declaration, collection and payment of charges and fees;
c) Violation of regulations on
charge and fee collection levels;
d) Violation of regulations on
order and procedures of elaborating and reporting on charge collection plans;
e) Violation of regulations on
management and use of charge and fee money;
f) Violation of regulations on
charge and fee collection vouchers;
g) Violation of regulations on
charge and/or fee exemption or reduction;
h) Violation of regulations on
charge and fee accounting;
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Article 2.-
Objects of application
1. Domestic and foreign
individuals, agencies and organizations (hereinafter referred collectively to
as individuals and organizations) that commit acts of intentionally or
unintentionally violating the law provisions on charges and fees, which are not
crimes, shall all be sanctioned for administrative violations according to the
provisions of this Decree, except for cases where the international treaties
which Vietnam has signed or acceded to provide otherwise.
2. State officials and employees
who are performing the assigned tasks or official duties in the field of charge
and fee and commit administrative violations shall not be subject to this
Decree but be disciplined according to law provisions on State officials and
employees.
Article 3.-
Sanctioning principles
The principles for sanctioning
administrative violations in the field of charge and fee shall comply with the
provisions in Article 3 of the July 2, 2000 Ordinance on Handling of
Administrative Violations.
Article 4.-
Extenuating circumstances, aggravating circumstances for acts of administrative
violations in the field of charge and fee
The extenuating and aggravating
circumstances for acts of administrative violations in the field of charge and
fee shall comply with the provisions in Articles 8 and 9 of the July 2, 2002
Ordinance on Handling of Administrative Violations.
Article 5.-
Statute of limitation for sanctioning
1. The statute of limitation for
sanctioning administrative violations in the field of charge and fee shall be
two years as from the dates the administrative violations are committed.
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3. If within the time limits
prescribed in Clauses 1 and 2 of this Article the violating individuals or
organizations commit new administrative violations in the field of charge and
fee or deliberately evade or obstruct the sanctioning, the statute of limitations
prescribed in Clauses 1 and 2 of this Article shall not apply; the statute of
limitation for sanctioning administrative violations shall be counted from the
time the new violations are committed or the time the acts of evading or
obstructing the sanctioning stop.
Article 6.-
The statute of limitation for executing the decisions on sanctioning
administrative violations in the field of charge and fee
The decisions on sanctioning
administrative violations in the field of charge and fee shall be invalid after
one year counting from the dates the sanctioning decisions are issued; in cases
where sanctioned individuals or organizations deliberately evade or delay the
execution of the sanctioning decisions, the above-mentioned statute of
limitation shall be recounted from the time the acts of evasion or delay stop.
Article 7.-
The time limits for being considered not yet sanctioned for administrative
violations
Individuals and organizations
sanctioned for administrative violations, who, if past one year counting from
the date of completely serving the sanctioning decisions or the date of expiry
of the statute of limitation for executing the sanctioning decisions, do not
repeat their violations, shall be considered not yet sanctioned for
administrative violations
Article 8.-
Sanctioning forms
1. For each act of
administrative violation in the field of charge and fee, the violating
individuals or organizations shall be subject to one of the following principal
sanctioning forms:
a) Caution;
b) Fine.
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a) Deprivation of the right to
use professional practice or operation licenses as provided for by law;
b) Confiscation of material
evidences and/or means already used for committing the administrative
violations.
3. Apart from the sanctioning
forms prescribed in Clauses 1 and 2 of this Article, individuals and
organizations that commit administrative violations may also be forced to apply
one or many of the following remedial measures:
a) Forced repayment of the money
amounts lost due to their administrative violations in the field of charge and
fee;
b) Forced payment of all
expenses for the reimbursement of difference amounts brought about by wrong
implementation of legislation on charges and fees to the charge and/or fee
payers;
c) Retrospective collection of
evaded charge and/or fee amounts;
d) Confiscation of the entire
charge and fee difference amounts obtained due to administrative violations.
4. The additional sanctioning
forms and remedial measures prescribed in Clauses 2 and 3 above can only be
applied together with the sanctioning forms prescribed in Clause 1 of this
Article. In cases where the statute of limitations for sanctioning
administrative violations expire or the time limits for issuing sanctioning
decisions expire, sanctions shall not be imposed, but the remedial measures
prescribed in Clause 3 of this Article must still be applied.
Chapter II
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Article 9.-
Violation of regulations on competence to prescribe charges, fees
1. A fine of between VND
20,000,000 and 50,000,000 for acts of having no competence but setting on ones
own the regulations on charge and fee indexes; charge and fee rates; charge and
fee management and use; charge and fee exemption or reduction.
2. Apart from pecuniary fines,
individuals and organizations that commit acts of violation prescribed in
Clause 1 of this Article may also be additionally sanctioned according to the
provisions in Clause 2, Article 8 of this Decree.
3. Apart from the principal and
additional sanctioning forms, the individuals and/or organizations, that commit
administrative violations by having collected and used charges and fees; having
effected charge and/or fee exemption or reduction, shall also be subject to one
or all of the remedial measures prescribed at Points a, b and d, Clause 3,
Article 8 of this Decree.
Article
10.- Violation of regulations on charge and fee registration, declaration,
collection, payment
1. For acts of violating the
regulations on registration, declaration of charge and fee collection and
payment:
a) Making registration,
declaration later than the time limits prescribed by legislation on charges and
fees:
- Caution for first-time
violations;
- A fine of between VND 100,000
and 300,000 for the acts of violation for the second time on.
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c) A fine of between VND
1,000,000 and 2,000,000 for acts of failing to register and/or declare the
charge and fee collection and payment with the State management bodies
according to regulations.
2. For acts of violating
regulations on charge and fee collection and payment:
a) For acts of paying charges
and/or fees later than the notices of the competent agencies:
- Caution for the first-time
violations;
- A fine of between VND 100,000
and 500,000 for acts of violation for the second time on.
b) For acts of failing to pay
charges and/or fees according to law provisions on charges and fees:
- A fine of between VND 500,000
and 1,000,000 for acts of failing to pay charges and/or fees with value of
under VND 10,000,000;
- A fine of between over VND
1,000,000 and under VND 3,000,000 for acts of failing to pay charges and/or
fees with value of between VND 10,000,000 and under VND 30,000,000;
- A fine of between VND
3,000,000 and under VND 5,000,000 for acts of failing to pay charges and/or
fees with value of between VND 30,000,000 and under VND 50,000,000;
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- A fine of between VND
10,000,000 and under VND 30,000,000 for acts of failing to pay charges and/or
fees with value of between VND 100,000,000 and under VND 300,000,000;
- A fine of between VND
30,000,000 and VND 50,000,000 for acts of failing to pay charges and/or fees
with value of VND 300,000,000 or over.
3. Apart from the pecuniary
fines, individuals and organizations that commit acts of violation prescribed
at Point c, Clause 1 and Point b, Clause 2, of this Article may also be
additionally sanctioned under the provisions in Clause 2, Article 8 of this
Decree.
4. Apart from the principal and
additional sanctioning forms, individuals and organizations committing the
administrative violations prescribed at Points b and c, Clause 1, Point b of
Clause 2, this Article, shall also be compelled to apply remedial measures
prescribed at Point c, Clause 3, Article 8 of this Decree.
Article
11.- Violation of regulations on charge and/or fee collection levels
1. A fine of between VND
2,000,000 and 10,000,000 for acts of collecting charges and/or fees not
according to the charge and/or fee rates posted up or prescribed by competent
State bodies.
2. Apart from pecuniary fines,
individuals and organizations committing acts of violation prescribed in Clause
1 of this Article, which involve aggravating circumstances, may also be
additionally sanctioned as provided for at Point a, Clause 2, Article 8 of this
Decree.
3. Apart from the principal and
additional sanctioning forms, individuals and organizations committing
administrative violations shall also be compelled to apply one or all of the
remedial measures prescribed at Points a, b and d of Clause 3, Article 8, this
Decree.
Article
12.- Violation of regulations on order and procedure of elaborating and reporting
on charge collection plans
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2. A fine of between VND 500,000
and 1,000,000 for violations for the second time on.
Article
13.- Violation of regulations on management and use of charge and fee money
1. For acts of using State
budget charges and/or fees for wrong purposes, the pecuniary fines shall be as
follows:
a) A fine of between VND 500,000
and 1,000,000 for acts of using for wrong purposes charge and/or fee money with
value of under VND 10,000,000;
b) A fine of between VND
1,000,000 and under VND 3,000,000 for acts of using for wrong purposes charge
and/or fee money with value of between VND 10,000,000 and under 30,000,000;
c) A fine of between VND
3,000,000 and under VND 5,000,000 for acts of using for wrong purposes charge
and/or fee money with value of between VND 30,000,000 and under VND 50,000,000;
d) A fine of between VND
5,000,000 and under VND 10,000,000 for acts of using for wrong purposes charge
and/or fee money with value of between VND 50,000,000 and under VND
100,000,000;
e) A fine of between VND
10,000,000 and under VND 30,000,000 for acts of using for wrong purposes charge
and/or fee money with value of between VND 100,000,000 and under VND
300,000,000;
f) A fine of between VND
30,000,000 and 50,000,000 for acts of using for wrong purposes charge and/or
fee money with value of VND 300,000,000 or over.
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Article
14.- Violation of regulations on State budget charge and fee collection
vouchers
1. For acts of violating the
regulations on voucher printing
a) A fine of between VND
1,000,000 and 5,000,000 for acts of ordering or accepting the voucher printing
which has not yet been approved in writing by competent State bodies;
b) A fine of between VND
4,000,000 and 9,000,000 for acts of ordering or accepting the printing of
vouchers with identical signs and/or identical serial numbers.
2. For acts of violating the
regulations on registration of voucher use:
A fine of between VND 500,000
and 2,000,000 on individuals or organizations for using particular vouchers
without making registration with competent State bodies as provided for.
3. For acts of violating the
regulations on voucher use:
a) For acts of compiling
vouchers without inscribing clearly the indexes prescribed in the vouchers,
except for indexes of determining the charge or fee amounts:
- Caution for acts of first-time
violation;
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b) A fine of between VND 500,000
and 5,000,000 for acts of failing to write vouchers when collecting charges or
fees, except for cases of charge or fee collection which, according to
regulations, require no voucher writing.
c) Based on the values inscribed
on the charge or fee collection voucher copies handed to customers, fines shall
be imposed on acts of writing vouchers with differences in amounts between
copies of each voucher as follows:
- A fine of between VND 500,000
and 1,000,000 for each voucher with difference valued at under VND 1,000,000;
- A fine of between VND
2,000,000 and 3,000,000 for each voucher with difference valued at between VND
1,000,000 and under VND 5,000,000;
- A fine of between VND
4,000,000 and 5,000,000 for each voucher with difference valued at between VND
5,000,000 and under VND 10,000,000;
- A fine of between VND
6,000,000 and 10,000,000 for each voucher with difference valued at VND
10,000,000 or over.
d) Based on the values inscribed
in the charge or fee collection voucher copies handed to customers, fines shall
be imposed on acts of making blank vouchers as follows:
- A fine of between VND
1,000,000 and 2,000,000 for each issue of voucher with value of under VND
2,000,000;
- A fine of between VND
3,000,000 and 5,000,000 for each issue of voucher with value of between VND
2,000,000 and under VND 5,000,000;
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e) A fine of between VND
1,000,000 and 2,000,000 for each issue of voucher for acts of using expired
vouchers.
f) A fine of between VND
2,000,000 and 6,000,000 for each issue of voucher for acts or erasing,
modifying contents of indexes of the used vouchers.
g) A fine of between VND
3,000,000 and 10,000,000 for each issue of voucher for acts of using fake vouchers.
h) The maximum level of fine on
acts of violation prescribed at Points c, d, e, f and g, Clause 3 of this
Article shall be VND 100,000,000.
4. For acts of violating the
regulations on voucher management:
a) A fine of between VND 100,000
and 500,000 on individuals or organizations for late reporting on the use,
clearance and settlement of vouchers; archiving, preserving vouchers in
contravention of regulations;
b) A fine of between VND 500,000
and 1,000,000 on individuals or organizations for failing to report on the use,
clearance and settlement of vouchers;
c) A fine of between VND
1,000,000 and 2,000,000 for acts of receiving, buying vouchers in contravention
of regulations for each issue of used voucher. The maximum fine level is VND
50,000,000.
5. For acts of losing, giving or
selling vouchers:
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b) A fine of VND 200,000 for
acts of losing copies of each issue of unused voucher, except for the copy to
be handed over to customer;
c) For acts of giving, selling
vouchers:
- In case of giving, selling
vouchers which are detected to have been used, the individuals or organizations
that gave or sold the vouchers shall be fined at the levels prescribed at Point
d, Clause 3 of this Article;
- In case of giving, selling
vouchers which are not yet used, the individuals or organizations that gave or
sold the vouchers shall be fined at the levels prescribed at Points a and b,
Clause 5 of this Article;
d) The maximum level of fine on
acts prescribed at Points a, b and c, Clause 5 of this Article shall be VND
50,000,000; particularly for case of giving, selling vouchers detected to have
been used, the maximum fine level prescribed at Point h, Clause 3 of this
Article shall apply.
6. Apart from pecuniary fines,
individuals and organizations committing acts of violation prescribed at Point
b, Clause 1; Points b, c, d, e, f, g of Clause 3; Point c of Clause 4; Point c
of Clause 5, of this Article may also be additionally sanctioned according to
the provisions in Clause 2, Article 8 of this Decree.
7. Apart from principal and
additional sanctioning forms, individuals and organizations committing
administrative violations prescribed at Points b, c, d, e, g of Clause 3; Point
c of Clause 4; Point c of Clause 5, of this Article shall also be compelled to
apply one or all of the remedial measures prescribed at Points a, c and d of
Clause 3, Article 8 of this Decree.
Article
15.- Violation of the regulation on charge and/or fee exemption, reduction
1. For acts of falsely declaring
or making unreal dossiers to enjoy the application of policy on charge and/or
fee exemption or reduction:
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b) A fine of between VND 100,000
and 500,000 for acts of violation for the second time on.
2. For acts of falsely declaring
or making unreal dossiers to enjoy differences from the implementation of
charge and/or fee exemption and reduction policy:
a) A fine of between VND 500,000
and under VND 1,000,000 for acts of violation with the difference amount being
under VND 10,000,000;
b) A fine of between VND
1,000,000 and under VND 3,000,000 for acts of violation with the difference
amount of between VND 10,000,000 and under VND 30,000,000;
c) A fine of between VND
3,000,000 and under VND 5,000,000 for acts of violation with the difference
amount of between VND 30,000,000 and under VND 50,000,000;
d) A fine of between VND
5,000,000 and under VND 10,000,000 for acts of violation with the difference
amount of between VND 50,000,000 and under VND 100,000,000;
e) A fine of between VND
10,000,000 and under VND 30,000,000 for acts of violation with the difference
amount of between VND 100,000,000 and under VND 300,000,000;
f) A fine of between VND
30,000,000 and 50,000,000 for acts of violation with the difference amount of
VND 300,000,000 or over.
3. Apart from pecuniary fines,
individuals and organizations that commit administrative violations prescribed
in Clause 2 of this Article, involving aggravating circumstances, may also be
additionally sanctioned according to the provisions at Point a, Clause 2,
Article 8 of this Decree.
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Article
16.- Violating the regulations on accounting regime in the field of charge
and fee
Individuals and organizations
committing acts of violating the regime of charge and fee accounting shall be
sanctioned under law provisions on sanctioning administrative violations in the
accounting field.
Article
17.- Violating the regulations on publicization of charge and fee
collection regime
For acts of failing to post up
or to publicize at charge- and fee- collecting locations at convenient
positions for charge and/or fee payers to easily spot the names of charges and
fees, the collection levels, the collection vouchers and documents stipulating
the charge and fee collection:
1. Caution for acts of
first-time violation;
2. A fine of between VND 500,000
and 1,000,000 for acts of violation for the second time on.
Chapter
III
COMPETENCE, PROCEDURES FOR SANCTIONING ADMINISTRATIVE
VIOLATIONS IN THE FIELD OF CHARGE AND FEE
Article
18.- Competence to sanction administrative violations in the field of
charge and fee
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2. The principles for
determining the competence to sanction administrative violations in the field
of charge and fee shall comply with the provisions in Article 42 of the July 2,
2002 Ordinance on Handling of Administrative Violations.
Article
19.- Sanctioning procedures
1. The procedures and order for
sanctioning administrative violations in the field of charge and fee shall
comply with the provisions in Articles 53, 54, 55, 56, 57, 58, 59, 60 and 61 of
the July 2, 2002 Ordinance on Handling of Administrative Violations.
2. The proceeds from fines for
administrative violations in the field of charge and fee must be remitted into
the State budget via accounts opened at the State treasuries. The regime of
management of fine receipts and fine money shall comply with the current law
provisions.
3. The Finance Ministry shall
guide in detail the procedures and order for handling remedial measures
mentioned in Clause 3, Article 8 of this Decree.
Chapter IV
COMPLAINT, DENUNCIATION AND HANDLING OF VIOLATIONS
Article
20.- Complaints, denunciations, the settlement thereof
The complaints and denunciations
as well as the settlement of complaints and denunciations about decisions on
sanctioning of administrative violations in the field of charge and fee shall
comply with the provisions of the legislation on complaints and denunciations.
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Article
21.- Handling of violations
1. Persons competent to sanction
administrative violations in the field of charge and fee, who seek personal
benefits or lack responsibility, cover, fail to sanction or sanction not in
time, not at the right levels, sanction beyond their prescribed competence
shall, depending on the nature and seriousness of their violations, be
disciplined or examined for penal liability; if causing damage to the State,
organizations and/or individuals, they must pay compensations therefor
according to law provisions.
2. Persons sanctioned for
administrative violations in the field of charge and fee, if committing acts of
obstructing or resisting the persons who perform the official duties or
deliberately delaying, shirking the execution of decisions on sanctioning
administrative violations shall, depending on the nature and seriousness of
their violations, be administratively handled or examined for penal liability
according to law provisions.
Chapter V
IMPLEMENTATION PROVISIONS
Article
22.- Implementation effect
1. This Decree takes
implementation effect 15 days after its publication in the Official Gazette.
The previous regulations on sanctioning administrative violations in the field
of charge and fee, which are contrary to this Decree, shall all be annulled.
2. Other regulations on
sanctioning administrative violations in the field of charge and fee, which are
not mentioned in this Decree, shall comply with the July 2, 2002 Ordinance on
Handling of Administrative Violations.
Article
23.- The Finance Ministry shall guide the implementation of this Decree.
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ON BEHALF OF THE GOVERNMENT
PRIME MINISTER
Phan Van Khai