THE GOVERNMENT
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SOCIALIST
REPUBLIC OF VIETNAM
Independence – Freedom – Happiness
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No.:
95/2011/ND-CP
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Hanoi,
October 20, 2011
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DECREE
AMENDING,
SUPPLEMENTING A NUMBER OF ARTICLES OF DECREE NO.202/2004/ND-CP DATED DECEMBER
10, 2004 OF THE GOVERNMENT ON ADMINISTRATIVE SANCTION IN THE MONETARY AREA AND
BANKING ACTIVITY
THE GOVERNMENT
Pursuant to the December 25,
2001 Law on Organization of the Government;
Pursuant to the Law on State
Bank of Vietnam dated June 16, 2010;
Pursuant to the Law on Credit
Institutions dated June 16, 2010;
Pursuant to the Ordinance on
Foreign Exchange dated December 13, 2005;
Pursuant to the Ordinance on
Handling of Administrative Violations dated July 7, 2002; the Ordinance
Amending, Supplementing a number of Articles of the Ordinance on Handling of
Administrative Violations dated April 02, 2008;
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DECREES
Article 1. To amend,
supplement a number of Articles of Decree No 202/2004/ND-CP dated December 10,
2004 of the Government on administrative sanction in the monetary area and
banking activity as follows:
1. To amend, supplement
clause 3, clause 5, clause 7 Article 18 as follows:
“3. A fine of
between VND 50,000,000 and 100,000,000 shall be imposed for one of the
following acts:
a) Lending,
providing the finance leasing, or making debt repayment domestically in foreign
currency not in consistence with provisions of applicable laws;
b) Remitting,
carrying foreign currency out of and into Vietnam in contrary to provisions of
applicable laws, except for cases stipulated in clause 6 of this clause;
c) Making
payment for goods and services in foreign currency with foreigners not in
compliance with provisions of applicable laws;
d) Buying,
selling, making payment in foreign currency not in compliance with provisions
of applicable laws;
đ) Making
payment for goods and services in gold with each other not in compliance with
provisions of applicable laws;
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“5. A fine of
between VND 300,000,000 and 500,000,000 shall be imposed for one of the
following acts:
a) Engaging
in foreign exchange activity without any license of the competent authority or
after the license for foreign exchange activity has expired or been suspended;
b)
Performance of overseas national currency exchange service without any license
of the competent authority;
c) Engagement
in the export, import activity of foreign currency, gold without any license
from the State Bank;
d) Listing
prices, advertising goods, services, land use right not in compliance with
provisions of applicable laws.”
“7.
Application of additional sanction:
a)
Confiscating material evidences as number of foreign currency, Vietnam Dong
(VND) or gold for the violations prescribed at point b, d, đ and e, clause 3 of
this Article;
b) Stripping
the right to use the certificate of registration for foreign exchange agent
within 12 months in case of the first offense and indefinitely stripping upon
recidivism, for the foreign exchange agents committing violations prescribed at
point d, clause 3;
c) Stripping
the business operation license of gold within 12 months in case of the first
offense and indefinitely stripping upon recidivism for gold trading
organization committing violations prescribed at point e, clause 3 of this
Article.”
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3. To
supplement Article 18a as follows:
“Article
18a. Management and use of fines for administrative violations
1. Proceeds
from the sanction of administrative violations in the field of gold and foreign
exchange business must submit to the State budget via accounts opened at the
State Treasury.
2. The management and use of fines for administrative violations in the field
of gold and foreign currency business to provide funds to agencies and
organizations comply with the provisions of the Ordinance on Handling of
Administrative Violations, Decree No.124/2005/ND-CP of October 06, 2005 of the
Government on receipt of fines and management and use of fines for
administrative violations and the provisions of current law on handling of
administrative violations.”
4. To
amend, supplement Article 37 as follows:
“Article
37. Competence to impose the punishment on the administrative violations
1. The
Banking Inspectors during the performance of their duties shall have the right:
a) to give
warnings;
b) to impose
fines of up to VND 500,000;
c) to confiscate
the material evidences, means used for administrative violation with the value
at up to VND 2,000,000;
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2. The Chief
Inspector, supervisors of the State Banks - branches in provinces, cities under
the central Governments management shall have the rights:
a) to give
warnings;
b) to impose
fines of up to VND 30,000,000;
c) to apply
additional punishments and the measures to overcome the consequences as
provided for in point a clause 2 and clause 3 Article 7 of this Decree;
d) to
recommend to the Directors of the State Bank - branches in provinces, cities
under the central Governments management to suspend termly or
indefinitely the implementation of one or several professional activities
relating to the act of administrative violation in accordance with provisions
of the Law on the State Bank of Vietnam and the law on Credit institutions.
3. The Chief
Inspector, supervisor of the State Bank shall have the right:
a) to give
warnings;
b) to impose
fines of up to VND 500,000,000;
c) to apply
additional punishments and the measures to overcome the consequences as
provided for in point a clause 2 and clause 3 Article 7 of this Decree;
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4. Chairmen
of provincial-level Peoples Committees; Director of Department of the Criminal
Investigation Police on Social Order, Economic Management and Functions,
Director of the Criminal Investigation Police Department on Social Order,
Director of the Drugs Criminals Investigation Police Department, Director of
Immigration Department as stipulated in Article 30 and clause 7, clause 8
Article 31 of the Ordinance on the Handling of Administrative Violations shall
have the competence to make decision on the punishment for the administrative
violation in accordance with the provisions in this Decree and inform the State
Bank of Vietnam, in the event of detecting individuals, organizations not being
credit institutions committing violation of provisions on foreign exchange
management in points b, d, đ, e clause 3, points a, c, d, e, g clause 4 and
clause 5 Article 18 of this Decree.
5. The market
management agencies defined in Article 37 of the Ordinance on Handling of
Administrative Violations, upon detecting individuals and organizations not
being credit institutions committing violations specified at point d, clause 5
of Article 18 of Decree this shall make a record and forward to subjects
specified in clause 3, clause 4 of this Article for handling under the
provisions of this Decree.”
Article 2. Effect
This Decree takes effect from
the signing date.
Article 3. Responsibility
for implementation
The Governor
of the State Bank of Vietnam, Ministers, Heads of ministerial level agencies,
Heads of Governmental agencies, Chairmen of People’s Committees in provinces,
centrally-run cities shall be responsible for the implementation of this
Decree.
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