Headlines 28/11/2020 17:17 CH

Three Decrees on administrative penalties to take effect early this December

Ngọc Duy

Three Decrees on administrative penalties to take effect early this December

1. Fines of up to 100 million dong on any press agency that spreads fake news

This is the highlight of the Decree No.119/2020/ND-CP prescribing administrative penalties for violations arising from press and publishing activities, which is in force from December 1, 2020.

According to the document, the fines for any press agency that spreads or broadcasts fake news are regulated as follows:

- If fake news cause less serious impacts: Fine of 5 - 10 million dong will be imposed (current regulations prescribe that the fine for the spreading or broadcast of fake news that has not caused serious impacts yet is from 02 to 06 million dong);

- If fake news cause serious impacts: Fine of 50 - 70 million dong will be imposed (current regulations prescribe that the fine for the spreading or broadcast of fake news that causes serious impacts is from 10 to 20 million dong);

- If fake news cause extremely serious impacts: Fine of 70 - 100 million dong will be imposed (current regulations prescribe that the fine for the spreading or broadcast of fake news that causes extremely serious impacts is from 40 to 60 million dong).

In addition to fines, violating press agencies must comply with remedies, including:

- Making rectifications or expressing apologies for acts of violation;

- Compelling the removal of fake news already published or aired on electronic newspapers, magazines, audio and video media.

Especially, press agencies committing acts of violation causing extremely serious impacts will be deprived of the rights to use permits or will be subject to a suspension for the period from 1 to 12 months.

Notes: The aforesaid fine amounts are applicable to violating entities.    

(According to Article 8 in the Decree No. 119 and Article 8 in the Decree No. 159/2013/ND-CP dated November 12, 2013).

2. Violations against regulations on the time limits for submission of tax returns may be subject to the fine of up to 25 million dong

This is the highlight of the Decree No. 125/2020/ND-CP prescribing administrative penalties for tax or invoice-related violations, in force from December 5, 2020.

According to the document, the fines imposed on entities committing the act of filing tax returns after expiry of the prescribed time limits are specified as follows:

 (a) Penalties imposed in the form of cautions will be imposed for violations arising from filing tax returns from 01 to 05 days after expiration of the prescribed time limits under mitigating circumstances;

(b) The fine of 02 – 05 million dong will be imposed in case of filing tax returns from 1 to 30 days after expiry of the prescribed time limit (except the case prescribed in (a));

(c) The fine of 05 – 08 million dong will be imposed in case of filing tax returns from 31 to 60 days after expiry of the prescribed time limit;

(d) The fine of 08 – 15 million dong will be imposed in case of filing tax returns from 61 to 90 days or at least 91 days after expiry of the prescribed time limit without incurring any additional taxes;

(dd) The fine of 15 – 25 million dong will be imposed in case of filing tax returns at least 90 days after expiry of the prescribed submission time limit, and incurring the additional taxes to be paid though the amount of tax or deferred amount has been paid into the state budget before the date of the tax authority's announcement of the tax inspection or examination decision, or before the date of the tax authority's issue of the report on the act of deferred submission of tax returns under the provisions of clause 11 of Article 143 in the 2019 Law on Tax Administration;

In case where the fine amount is greater than the tax amount additionally incurred in the tax return, the maximum amount of fine will be equal to the tax amount payable specified in the tax return, but will not be less than the average of fine amounts in the range prescribed in (d).

3. Fine of up to 80 million dong for the illegal cross-border transportation of cash

This regulation is set forth in the Decree No.128/2020/ND-CP prescribing administrative penalties for customs violations, in force from December 10, 2020.

According to this document, persons illegally transporting goods, Vietnamese dong case, foreign currency cash, gold, other precious metals, gems across border will be fined as follows:

- Fine of 05 – 10 million dong will be imposed if the value of exhibit is less than 30 million dong;  

- Fine of 10 – 20 million dong will be imposed if the value of exhibit is from 30 to below 50 million dong;  

- Fine of 20 – 40 million dong will be imposed if the value of exhibit is from 50 to below 70 million dong;  

- Fine of 40 – 60 million dong will be imposed if the value of exhibit is from 70 to below 100 million dong;  

- Fine of 60 – 80 million dong will be imposed if the value of exhibit is at least 100 million dong and the criminal prosecution is not required.  

The aforesaid fines will be applicable to violating entities while half of these fines will be applicable to violating persons.

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