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THE
GOVERNMENT
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SOCIALIST
REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
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No:
93/1999/ND-CP
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Hanoi,
September 7, 1999
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DECREE
ON SANCTIONING ADMINISTRATIVE VIOLATIONS IN THE FIELD OF
STATISTICS
THE GOVERNMENT
Pursuant to the Law on Organization of the
Government of September 30, 1992;
Pursuant to the Ordinance on Handling of Administrative Violations of July 6,
1995;
Pursuant to the Ordinance on Accounting and Statistics of May 20, 1988;
At the proposal of the General Director of Statistics,
DECREES:
Chapter I
GENERAL PROVISIONS
Article 1.- Scope and
objects of application
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2. Individuals and organizations that commit administrative
violations in the field of statistics shall be sanctioned according to this
Decree and the provisions of the Ordinance on Handling of Administrative
Violations.
3. Foreign individuals and organizations that
commit administrative violations in the field of statistics on the Vietnamese
territory shall all be sanctioned according to this Decree, except otherwise
provided for by international agreements which Vietnam has signed or acceded
to.
Article 2.- Principles
of sanctioning administrative violations
1. The handling of administrative violations in
the field of statistics shall be conducted by the competent persons defined in
Articles 12, 13, 14 and 15 of this Decree.
2. All administrative violations in the field of
statistics must be detected promptly and stopped immediately. The handling
thereof must be conducted in a quick and fair manner.
3. An administrative violation shall be
sanctioned only once. An individual or organization that commits more than one
administrative violation shall be sanctioned for each of such violations. If
more than one individual and/or organization commit an administrative
violation, each of such individuals and/or organizations shall be sanctioned.
4. The sanctioning of an administrative
violation in the field of statistics must be based on the nature and
seriousness of such violation, the violator’s personal background as well as the
extenuating and aggravating circumstances so as to decide the appropriate form,
measure and level of sanction.
5. It is strictly forbidden to withhold
violations with signs of criminal offenses for administrative sanctions.
Article 3.- Statute of
limitations for sanctioning administrative violations
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2. In cases where an individual is prosecuted or
is, by a decision, brought to trial according to the criminal procedures, if
there’s
a decision to suspend the investigation or the case itself and such individual’s
act shows signs of an administrative violation in the field of statistics,
he/she shall be sanctioned administratively; the statute of limitations for
sanctioning the administrative violation in this case shall be three months
after the above-said suspension decision is issued.
Article 4.- Forms of
sanction
1. For each administrative violation in the
field of statistics, the violating individual or organization shall be subject
to one of the following forms of main sanction:
a/ Warning;
b/ Fine.
2. Depending on the nature and seriousness of
his/her/its violation, the individual or organization that commits such
administrative violation in the field of statistics may also be subject to one
or a number of forms of additional sanction and other measures stipulated in
Clauses 2 and 3, Article 11 of the Ordinance on Handling of Administrative
Violations.
Chapter II
ACTS OF ADMINISTRATIVE
VIOLATION, FORMS AND LEVELS OF SANCTION
Article 5.- Violating
regulations on the use of statistical forms
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2. A fine of from over 500,000 VND to 1,000,000
VND for acts of repeating the violations mentioned in Clause 1 of this Article.
3. Applying additional handling measures: Compelling
the cancellation of the statistical form(s) being in use; re-making the
statistical reports in strict compliance with the set forms and sending them to
the competent agencies.
Article 6.- Violations
in the promulgation, supplement and amendment of the statistical regime
1. A fine of from 1,000,000 VND to 4,000,000 VND
for one of the following acts:
Deliberately committing or forcing others to
commit acts of supplementing and/or amending forms of statistical reports
and/or statistical classification tables; statistical survey plans and contents
of legal documents guiding the statistical work; method of calculating economic
and social statistical norms, which are contrary to the State’s
current statistical regime.
2. A fine of from over 4,000,000 VND to
7,000,000 VND for act of issuing a system of statistical norms, statistical
reporting and surveying regimes ultra vires or in contravention of the State’s
current statistical regime.
3. Applying additional handling measures:
Abrogating and withdrawing the statistical forms, which have been issued,
supplemented and/or amended ultra vires or in contravention of the State’s
current statistical regime.
Article 7.- Falsely
reporting and declaring statistical data
1. A fine of from 2,000,000 VND to 5,000,000 VND
for act of reporting data in deficiency or excess of the actual ones or
exceeding the permitted statistical error rate.
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3. A fine of from over 7,000,000 VND to
20,000,000 VND for act of falsely declaring data, deliberately reporting,
falsely or forcing others to falsely report statistical data.
4. Applying additional handling measures:
Re-making the statistical reports true to the arising socio-economic phenomena
in strict compliance with the statistical method and sending them to competent
bodies.
Article 8.- Failing to
submit statistical reports in time and adequately
1. A warning or a fine of from 200,000 VND to
1,000,000 VND for one of the following acts:
a/ Delaying the submission of statistical
reports for under 20 days as compared with the prescribed regime;
b/ Failing to submit adequately the number of
forms and/or the norms of the monthly and quarterly reports as prescribed.
2. A fine of from 1,000,000 VND to 3,000,000 VND
for one of the following acts:
a/ Delaying the submission of statistical
reports for from 20 to under 60 days as compared with the prescribed regime;
b/ Failing to submit adequately the number of
forms and/or the norms of the 6-month, 9-month and annual reports as
prescribed.
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4. Applying additional handling measures:
Re-making the statistical true reports to the arising socio-economic phenomena
in strict compliance with the statistical methods and sending them to the
competent bodies.
Article 9.- Violating
the statistical method
1. A warning or a fine of from 200,000 VND to
1,000,000 VND for act of recording data unclearly, modifying or erasing
statistical data and/or documents.
2. A fine of from over 1,000,000 VND to
5,000,000 VND for act of wrongly applying the statistical methods.
3. A fine of from over 5,000,000 to 15,000,000
VND for act of deliberately applying wrongly or coercing others to wrongly
apply the statistical methods.
4. Applying additional handling measures:
Forcing the re-calculation in strict compliance with the set statistical
methods; re-making the statistical reports and sending them to the competent
bodies.
Article 10.- Violating
the regimes of supplying and publicizing statistical data and documents
1. A warning or a fine of from 100,000 VND to
500,000 VND for act of supplying inadequate and inaccurate statistical data and
documents at the lawful request of competent persons.
2. A fine of from over 500,000 VND to 2,000,000
VND for one of the following acts:
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b/ Refusing to supply statistical data and
documents at the lawful request of competent persons.
3. A fine of from 5,000,000 VND to 15,000,000
VND for act of supplying and/or publicizing the statistical data and documents
which, according to the regulations, must not be publicized yet and the
statistical data which have not been declassified yet.
4. Applying additional handling measures:
Forcing the supply of statistical data and documents for competent agencies
and/or persons.
Article 11.- Violating
the regulations on the preservation of statistical data and documents
1. A fine of from 200,000 VND to 1,000,000 VND
for act of violating the regulations on the preservation of statistical data
and documents; or letting such statistical data and documents be damaged,
which, however, may be restored.
2. A fine of from over 1,000,000 VND to
5,000,000 VND for one of the following acts:
a/ Letting statistical data and documents be
damaged to the extent that they cannot be restored;
b/ Mislaying statistical data and documents.
3. A fine of from 5,000,000 VND to 15,000,000
VND for act of canceling or coercing others to cancel statistical data and
documents before the prescribed expiry year.
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Chapter III
SANCTIONING COMPETENCE
AND PROCEDURES; COMPLAINTS, DENUNCIATIONS AND HANDLING OF ADMINISTRATIVE
VIOLATIONS IN THE FIELD OF STATISTICS
Article 12.-
Statistical specialized inspectorate’s competence to sanction administrative
violations
1. A statistical specialized inspector on duty
shall be competent:
a/ To serve a warning;
b/ To impose fines of up to 200,000 VND;
c/ To apply forms of additional sanction and
other measures: confiscation of material evidences and means of administrative
violation in the field of statistics, which are valued at up to 500,000 VND as
well as other measures stipulated in Clause 3, Article 5; Clause 3, Article 6;
Clause 4, Article 7; Clause 4, Article 9; Clause 4, Article 10; and Clause 4,
Article 11 of this Decree.
2. The statistical specialized chief inspector
of a province or centrally-run city shall be competent:
a/ To serve a warning;
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c/ To apply forms of additional sanction:
Measures stipulated in Clause 3, Article 5; Clause 3, Article 6; Clause 4,
Article 7; Clause 4, Article 9; Clause 4, Article 10; and Clause 4, Article 11
of this Decree.
3. The statistical specialized chief inspector
of the General Department of Statistics shall be competent:
a/ To serve a warning;
b/ To impose fines of up to 20,000,000 VND;
c/ To apply forms of additional sanction and
other measures stipulated in Clause 2, Article 4 of this Decree.
Article 13.-
Sanctioning competence of the district- and provincial-level People’s
Committees
1. The presidents of the district-level People’s
Committees shall be competent:
a/ To serve a warning;
b/ To impose fines of up to 10,000,000 VND;
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2. The presidents of the provincial-level People’s
Committees shall be competent:
a/ To serve a warning;
b/ To impose fines of up to 20,000,000 VND;
c/ To apply forms of additional sanction and
other measures stipulated in Clause 2, Article 4 of this Decree.
Article 14.-
Authorization to sanction administrative violations
Where a person competent to sanction
administrative violations in the field of statistics defined in Clauses 2 and
3, Article 12, and Article 13 of this Decree is absent or in case of his/her
authorization, his/her deputy may sanction administrative violations according
to the head’s
competence.
Article 15.-
Determination of competence to sanction administrative violations
1. The district- and provincial-level People’s
Committees shall be competent to sanction administrative violations in the
field of statistics in their respective localities.
2. The statistical specialized inspectorates of
different levels shall be competent to sanction administrative violations in
the field of statistics, which fall under the State management function of the
statistical branch.
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Article 16.- Procedures
for sanctioning administrative violations in the field of statistics
The procedures for sanctioning administrative
violations in the field of statistics shall comply with the provisions of
Chapter VI of the Ordinance on Handling of Administrative Violations of July 6,
1995.
Article 17.- Coercive
implementation of decisions on sanctioning administrative violations
The coercive implementation of decisions on
sanctioning administrative violations shall comply with the provisions of
Article 55 of the Ordinance on Handling of Administrative Violations of July 6,
1995.
Article 18.- Transfer
of violation dossiers for examination for penal liability
If deeming that a violation of the legislation
on statistics shows signs of a criminal offense, the person competent to
sanction administrative violations shall have to immediately transfer such
dossier to the competent agency for handling.
Article 19.-
Administrative sanctions against acts of opposing officials on duty in the
field of statistics
The administrative sanctions against acts of
opposing officials on duty in the field of statistics shall comply with Article
92 of the Ordinance on Handling of Administrative Violations as well as the
provisions at Points a and b, Clause 2; Point c, Clause 3, Article 5 of the
Government’s
Decree No. 49/CP of August 15, 1996 on sanctioning administrative violations in
the field of security and order.
Article 20.- Statute of
limitations for implementation of decisions on sanctioning administrative
violations
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Article 21.-
Complaints, denunciations and the settlement of complaints and denunciations
about decisions on sanctioning administrative violations
The complaint and denunciation as well as the settlement
of complaints and denunciations about decisions on sanctioning administrative
violations in the field of statistics shall comply with the provisions of the
legislation on complaints and denunciations.
Article 22.- Handling
of violations
The handling of violations committed by the
persons competent to sanction administrative violations in the field of
statistics shall comply with the provisions of Article 91 of the Ordinance on
Handling of Administrative Violations.
Chapter IV
IMPLEMENTATION PROVISIONS
Article 23.- Statute of
limitations for implementation
This Decree takes effect 15 days after its
signing and replaces the regulations on sanctioning administrative violations in
the field of statistics issued together with Decree No. 52/HDBT of February 19,
1992 of the Council of Ministers. The earlier regulations contrary to this
Decree are all now annulled.
Article 24.-
Implementation provisions
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2. The ministers, the heads of the
ministerial-level agencies, the heads of the agencies attached to the
Government, the presidents of the People’s Committees of the provinces and
centrally-run cities shall have to implement this Decree.
ON BEHALF OF THE GOVERNMENT
FOR THE PRIME MINISTER
DEPUTY PRIME MINISTER
Nguyen Tan Dung