THE GOVERNMENT
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SOCIALIST
REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
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No. 64/2013/ND-CP
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Hanoi, June
27, 2013
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DECREE
ON
PENALTIES FOR ADMINISTRATIVE VIOLATIONS AGAINST THE LAWS ON SCIENTIFIC
ACTIVITIES AND TECHNOLOGY TRANSFERS
Pursuant to the Law on Government organization
dated December 25, 2001;
Pursuant to the Law on Science and technology
dated June 09, 2000;
Pursuant to the Law on Technology transfers
dated November 29, 2006;
Pursuant to the Law on Handling administrative
violations dated June 20, 2012;
At the request of the Minister of Science and
Technology;
The Government promulgates a Decree on penalties
for administrative violations against the laws on scientific activities and
technology transfers,
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GENERAL PROVISIONS
Article 1. Scope of regulation
1. This Decree deals with the violations,
penalties, remedial measures, and authority to impose penalties for
administrative violations against the laws on scientific activities and
technology transfers
2. Administrative violations against the laws on
scientific activities and technology transfers in this Decree are errors
committed by organizations and individuals that violate the laws on state
management of scientific activities and technology transfers, which do not
constitute a criminal offence, which must incur administrative penalties.
Article 2. Remedial measures
Apart from the remedial measures in Clause 1
Article 28 of the Law on Handling administrative violations, violators are
compelled to take one or multiple remedial measures below:
1. Returning the fund appropriated or improperly
used;
2. Revoking false reports;
3. Registering or submitting result of science and
technology tasks.
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The statute of limitations for penalties for administrative
violations against the laws on scientific activities and technology transfers
is 01 year.
Article 4. Fine levels
1. The maximum fine for a violation against the
laws on scientific activities and technology transfers committed by an individual
is 50,000,000 VND, and for a violation committed by an organization is
100,000,000 VND.
2. The fine for an administrative violation
committed by an organization is twice as much as a fine for the same violation
committed by an individual.
Chapter 2.
PENALTIES FOR
ADMINISTRATIVE VIOLATIONS AGAINST THE LAWS ON SCIENCE AND TECHNOLOGY AND
TECHNOLOGY TRANSFERS
SECTION 1. PENALTIES FOR
ADMINISTRATIVE VIOLATIONS AGAINST THE LAWS ON SCIENCE AND TECHNOLOGY AND
TECHNOLOGY TRANSFERS
Article 5. Violations against
the laws on Science and Technology Council
1. A fine of from 500,000 VND to 1,000,000 VND for
individuals being members of a Science and Technology Council that reveal or
provide information related to the assessment and consultancy result without
the permission of the agency that decides the establishment of the Council.
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Article 6. Violations against
the regulations on registering or submitting results of science and technology
tasks funded by the State budget
1. A fine of from 2,000,000 VND to 5,000,000 VND shall be given to any individual, or a fine of
from 4,000,000 VND to 10,000,000 VND shall be given
to any organization that fails to register or submit the result of
science and technology tasks funded by the State budget as regulations by
competent state authorities.
2. Remedial measures:
Registering or submitting the result of science and
technology tasks, applicable to the violations in Clause 1 of this Article.
Article 7. Violations against
the laws on scientific activities
1. A fine of from 1,000,000 VND to 2,000,000 VND shall be given to any individual, or a fine of
from 2,000,000 VND to 4,000,000 VND shall be given to
any organization that provides false information about:
a) Result of scientific activities of the presiding
organization;
b) The science records of the individual that
presides the science and technology tasks;
c) The capacity of cooperating organizations and
individuals.
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a) Making false reports on the progress, contents,
and results of researches;
b) Fabricating figures, using invalid documents and
invoices to make payments;
c) The documents serving the assessment of science
and technology tasks are untruthful.
3. Remedial measures:
a) Returning the fund appropriated or improperly
used, applicable to the violations in Point b Clause 2 of this Article;
b) Revoking false reports that contain fabricated
figures, applicable to the violations in Point a and Point b Clause 2 of this
Article.
Article 8. Violations against
the laws on registration and commencement of scientific activities
1. A fine of from 1,000,000 VND to 2,000,000 VND an
organization that commits one of the acts below:
a) Failing to register the change in the fields of
scientific activities;
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c) Failing to register the representative offices
or branches that are operating.
2. A fine of from 2,000,000 VND to 5,000,000 VND an
organization that commits one of the acts below:
a) Carrying out scientific activities without the
Certificate of Registration of Scientific activities;
b) Carrying out scientific activities using an
expired Certificate of Registration of Scientific activities.
3. A fine of from 5,000,000 VND to 15,000,000 VND shall be given to any organization that lends or
rents out the Certificate of Registration of Scientific activities.
4. A fine of from 5,000,000 VND to 10,000,000 VND shall be given to any individual, or a fine of
from 10,000,000 VND to 20,000,000 VND shall be given
to any organization that forges documents to be issued with the
Certificate of Registration of Scientific activities.
5. Additional penalties:
Revoking the Certificate of Registration of
Scientific activities for 01 – 03 months, applicable to the organizations that
commit the violation in Clause 3 of this Article.
Article 9. Violations against
the laws on the ownership of results of scientific activities
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a) Using or reveling figures, technological
processes, or information related to the results of scientific activities under
the ownership of another organization or individual without their permission;
b) Registering or announcing scientific works of
another organization or individual without their permission;
c) Using research findings, figures, and
information of another organizations and individuals in scientific reports or
documents without citing their origins;
d) Using ideas, technological improvements of other
organizations and individuals to participate in science and technology
exhibitions, competitions, or awards.
2. Remedial measures:
Rectify the information on the media, applicable to
the violations in Clause 1 of this Article.
Article 10. Violations against
the laws on the use and dissemination of results of scientific activities
1. A fine of from 2,000,000 VND to 4,000,000 VND shall be given to any individual, or a fine of
from 4,000,000 VND to 8,000,000 VND shall be given to
any organization that disseminates results of analysis or assessment
without the permission of the state authority that placed the order.
2. A fine of from 5,000,000 VND to 10,000,000 VND shall be given to any individual, or a fine of
from 10,000,000 VND to 20,000,000 VND shall be given
to any organization that disseminates or applies new products or
technological processes without the permission of competent authorities.
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1. A fine of from 5,000,000 VND to 15,000,000 VND shall be given to any individual, or a fine of
from 10,000,000 VND to 30,000,000 VND shall be given
to any organization that commits one of the following acts:
a) Transferring the results of scientific
activities without the agreement of the owner of such results;
b) Self-seeking provision of information and
documents obtained from analysis, inspection, consultancy, or assessment
without the agreement of the owner of such information or documents;
c) Fabricating false information or taking
advantage of the provision of information about results of scientific
activities to affect the lawful rights and interests of other organizations and
individuals
2. Remedial measures:
Returning the benefits earned from the violations
in Clause 1 of this Article.
Article 12. Violations against
the laws on registration, management, and use of science and technology funds
1. A fine of from 5,000,000 VND to 10,000,000 VND shall be given to any organization that manages
and uses the science and technology fund inconsistently with the registration.
2. A fine of from 10,000,000 VND to 15,000,000 VND shall be given to any organization that establishes
a science and technology fund without registration.
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4. A fine of from 20,000,000 VND to 30,000,000 VND shall be given to any organization that
appropriates or fails to punctually return the aid from the science and
technology fund without legitimate reasons.
5. Remedial measures:
a) Returning the illegal benefits earned from the
violations in Clause 3 of this Article;
b) Returning the fund appropriated, applicable to
the violations in Clause 4 of this Article.
Article 13. Violations against
the laws on science and technology awards
1. A fine of from 10,000,000 VND to 15,000,000 VND shall be given to any individual, or a fine of
from 20,000,000 VND to 30,000,000 VND shall be given
to any organization that commits one of the following acts:
a) Ordering or giving science and technology awards
for self-seeking purposes;
b) Ordering science and technology awards that
encourage scientific researches against the law.
2. Remedial measures:
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Article 14. Violations against
the laws on cooperation and receipt of sponsorships for scientific activities
A fine of from 10,000,000 VND to 20,000,000 VND shall be given to any individual belonging to a
science and technology organization that receives the sponsorship directly
without the approval of the organization of which he or she is a member, an
individual not belonging to a science and technology organization that receives
sponsorship from a foreign organization or individual to perform science and
technology tasks without registering the sponsorship with the Service of
Science and Technology.
Article 15. Violations against
the laws on the management and use of the State budget for scientific
activities
1. A fine of from 5,000,000 VND to 10,000,000 VND shall be given to any individual, or a fine of
from 10,000,000 VND to 20,000,000 VND shall be given
to any organization that commits one of the following acts:
a) Using the budget for scientific research
improperly;
b) Use the multiple sources of the State budget for
the same scientific research.
2. A fine of from 20,000,000 VND to 30,000,000 VND shall be given to any organization that
appropriates or fails to punctually return the aid from the State budget
without legitimate reasons.
3. Remedial measures:
a) Returning the budget that is used improperly or
inconsistently with the permission
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SECTION 2. ADMINISTRATIVE
VIOLATIONS AGAINST THE LAWS ON TECHNOLOGY TRANSFERS, PENALTIES AND REMEDIAL
MEASURES
Article 16. Violations against
the laws on reporting technology transfers
1. A fine of from 1,000,000 VND to 2,000,000 VND an
organization that commits one of the acts below:
a) Failing to send report on the performance of
technology transfer contracts, the record on contract performance assessment,
applicable to the technologies in the List of technologies restricted from
transfer made by a competent authority
b) Failing to send report on the performance of
technology transfer contracts, applicable to the technology transfer contracts
that are issued with the Certificate of Registration of technology transfer
contract, have been performed for more than a year, and the proportion of state
capital is 51% or higher;
c) Failing to report the location of technology
transfers to the state management authorities in charge of science and
technology when disseminating and transferring the technologies for planting,
preserving, processing agriculture, forestry, and aquaculture products in rural
areas, highlands, localities facing socio-economic difficulties, and localities
facing extreme socio-economic difficulties.
2. A fine of from 1,000,000 VND to 2,000,000 VND shall be given to any organization that is
issued with the Certificate of Registration of technology transfer contract
without sending a written report to the issuer when terminating the technology
transfer contract.
Article 17. Violations against
the laws on the use and transfer of the result of technological research and development
funded by the State budget
1. A fine of from 2,000,000 VND to 5,000,000 VND shall be given to any organization that fails to
announce the mechanism and ration of benefit distribution according to the laws
on technology transfers.
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Article 18. Violations of policies
on encouragement of technology application, transfer, and innovation
1. A fine of from 10,000,000 VND to 20,000,000 VND
an organization that commits one of the acts below:
a) Improperly using the budget provided by National
technological innovation fund;
a) Breaking the commitments that were made when
receiving sponsorship from National technological innovation fund;
2. A fine of from 20,000,000 VND to 30,000,000 VND shall be given to any organization that uses
deception to receive benefits and incentives of the policies on technology
transfer encouragement.
3. Remedial measures:
Returning the budget provided, applicable to the
violations in Clause 1 and Clause 2 of this Article.
Article 19. Violations against
the regulations on provision of technology transfer services
1. A fine of from 10,000,000 VND to 20,000,000 VND shall be given to any organization provides
technology transfer services inconsistently with the Certificate of
Registration of provision of technology transfer services.
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Article 20. Violations while
making and performing technology transfer contracts and technology transfer
service contracts
1. A fine of from 15,000,000 VND to 25,000,000 VND shall be given to any individual, or a fine of
from 30,000,000 VND to 50,000,000 VND shall be given
to any organization that use deception when making or performing
technology transfer service contract.
2. A fine of from 20,000,000 VND to 30,000,000 VND shall be given to any individual, or a fine of
from 40,000,000 VND to 60,000,000 VND shall be given
to any organization that commits one of the following acts:
a) Using deception when making the technology
transfer contract to be issued with the Certificate of Registration of
technology transfer contract or the License for technology transfer;
b) Keep performing a technology transfer contract when
a decision to suspend or terminate it is issued by a competent authority;
c) Performing the contract inconsistently with the
License for technology transfer that was issued.
3. Additional penalties:
Revoking the Certificate for technology transfers
for 01 – 03 months, applicable to the organizations that commit the violation
in Point c Clause 2 of this Article.
Article 21. Violations during
the transfer of technologies in the List of technologies restricted from
transfer and the List of technologies banned from transfer
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2. A fine of from 40,000,000 VND to 50,000,000 VND shall be given to any individual, or a fine of
from 80,000,000 VND to 100,000,000 VND shall be given
to any organization that transfers technologies in the List of
technologies banned from transfer.
3. Additional penalties:
a) Confiscating related exhibits and vehicles that
are used for committing the violations in Clause 1 and Clause 2 of this
Article;
b) Expelling foreigners that commit the violations
in Clause 2 of this Article.
4. Remedial measures:
Destructing the products created by the transferred
technologies, removing from Vietnam’s territory or re-exporting the products
related to the technologies transferred into Vietnam (if any), applicable to
the violations in Clause 2 of this Article.
Chapter 3.
AUTHORITY TO IMPOSE
PENALTIES FOR ADMINISTRATIVE VIOLATIONS AGAINST THE LAWS ON SCIENTIFIC
ACTIVITIES AND TECHNOLOGY TRANSFERS
Article 22. Authority to impose
administrative penalties of science and technology inspectors
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a) Issue warnings;
b) Impose fines of up to 500,000 VND;
c) Confiscate the exhibits and vehicles related to
the administrative violations that are valued at up to 500,000 VND;
d) Take the remedial measures stipulated in Points
a, c, and dd Clause 1 Article 28 of the Law on Handling administrative
violations.
2. The Chief Inspector of the Service of Science
and Technology is entitled to:
a) Issue warnings;
b) Impose fines of up to 25,000,000 VND;
c) Revoke Certificates of Registration of
Scientific activities, Licenses for technology transfers, and Certificates of
Registration of technology transfer contract;
d) Confiscate the exhibits and vehicles related to
the administrative violations that are valued at up to 25,000,000 VND;
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3. The authority to impose penalties of Chief
inspectors of inspectorates of Services is specified in Clause 2 of this
Article.
4. The Chief Inspector of the inspectorate of the
Ministry of Science and Technology is entitled to:
a) Issue warnings;
b) Impose fines of up to 35,000,000 VND;
c) Revoking Certificates of Registration of
Scientific activities, Licenses for technology transfers, and Certificates of
Registration of technology transfer contract;
d) Confiscate the exhibits and vehicles related to
the administrative violations that are valued at up to 35,000,000 VND;
dd) Take the remedial measures stipulated in Clause
1 Article 28 of the Law on Handling administrative violations and Article 2 of
this Decree.
5. The Chief Inspector of the Ministry of Science
and Technology is entitled to:
a) Issue warnings;
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c) Revoking Certificates of Registration of
Scientific activities, Licenses for technology transfers, and Certificates of
Registration of technology transfer contract;
d) Confiscate the exhibits and vehicles related to
the administrative violations;
dd) Take the remedial measures stipulated in Clause
1 Article 28 of the Law on Handling administrative violations and Article 2 of
this Decree.
Article 23. Authority to
impose penalties for administrative violations of the President of the People’s
Committee
1. Presidents of People’s Committees of communes
are entitled to:
a) Issue warnings;
b) Impose fines of up to 5,000,000 VND;
c) Confiscate the exhibits and vehicles related to the
administrative violations that are valued at up to 5,000,000 VND;
d) Take the remedial measures stipulated in Points
a, b, c, and dd Clause 1 Article 28 of the Law on Handling administrative
violations and Article 2 of this Decree.
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a) Issue warnings;
b) Impose fines of up to 25,000,000 VND;
c) Confiscate the exhibits and vehicles related to
the administrative violations that are valued at up to 25,000,000 VND;
d) Take the remedial measures stipulated in Points
a, b, c, dd, e, h, i Clause 1 Article 28 of the Law on Handling administrative
violations and Article 2 of this Decree.
3. Presidents of provincial People’s Committees are
entitled to:
a) Issue warnings;
b) Impose fines of up to 50,000,000 VND;
c) Revoking Certificates of Registration of
Scientific activities, Licenses for technology transfers, and Certificates of
Registration of technology transfer contract;
d) Confiscate the exhibits and vehicles related to
the administrative violations;
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Article 24. Authority to
impose penalties of other agencies
The police, the customs, tax authorities, and
inspecting agencies of other fields are entitled to impose penalties for the
violations stipulated in Chapter II of this Decree in the fields under their
management in accordance with the Law on Handling administrative violations.
Article 25. Determination of
authority to impose penalties
The authority to impose penalties for
administrative violations of the persons mentioned in Articles 22, 23, and 24
of this Decree is applicable to each administrative violation committed by a
individual; a fine for the same violation that committed by an organization is
twice as much as the fine incurred by an individual.
Article 26. Authority to make
records on administrative violations
When an administrative violation is discovered, the
persons authorized to impose penalties and officials on duty shall make records
and follow the regulations in Article 58 of the Law on handling administrative
violations.
Chapter 4.
IMPLEMENTATION
Article 27. Transitional
regulations
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Article 28. Effect
1. This Decree takes effect on August 15, 2013.
2. The Government's Decree No. 127/2004/ND-CP dated
May 31, 2004 on penalties for administrative violations against the laws on
scientific activities, the Government's Decree No. 49/2009/ND-CP dated May 21, 2009
on penalties for administrative violations committed in technology transfers,
Clause 3 and Clause 4 of Article 28 of the Government's Decree No. 84/2006/ND-CP
dated August 18, 2006 on compensation, disciplinary actions, and penalties for
administrative violations in thrift practice against extravagance are annulled
from the effective date of this Decree.
Article 29. Responsibility for
the implementation
Ministers, Heads of ministerial agencies, Heads of
Governmental agencies, the Presidents of People’s Committees of
central-affiliated cities and provinces are responsible for the implementation
of this Decree./.
FOR THE
GOVERNMENT
THE PRIME MINISTER
Nguyen Tan Dung