THE GOVERNMENT
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|
SOCIALIST
REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
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No. 98/2013/ND-CP
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Hanoi, August 28, 2013
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DECREE
PROVIDING FOR THE SANCTIONING OF ADMINISTRATIVE
VIOLATIONS IN DOMAINS OF INSURANCE BUSINESS AND LOTTERY BUSINESS
Pursuant
to the Law on Government organization dated December 25, 2001;
Pursuant
to the Law on Handling administrative violations dated June 20, 2012;
Pursuant
to the Law on Insurance Business dated December 09, 2000 and the Law on
amendments to the Law on Insurance Business dated November 24, 2010;
At
the request of the Minister of Finance;
The
Government issues a Decree on providing for the sanctioning of administrative violations in domains of insurance business
and lottery business,
Chapter 1.
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Article 1. Scope of regulation
1.
This Decree provides for the administrative
violations, sanctioning forms and levels, remedial measures, sanctioning
competence and specific sanctioning levels according to each title in domains
of insurance business and lottery business.
2.
Other administrative violations in other legal documents related to
domains of insurance business and lottery business
shall be administratively sanctioned under such legal documents
Article 2. Subjects of application
1.
Vietnamese, foreign organizations and
individuals that commit administrative violations in domains of insurance
business and lottery business specified in this Decree.
2.
The persons competent to sanction
administrative violations specified in this Decree.
Article 3. Forms of penalties
1.
The primary forms of penalties in domains of
insurance business and lottery business include:
a)
Warnings;
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The maximum fine for individuals
committing administrative violations in domains of insurance business and
lottery business shall be VND 100.000,000, for organizations the maximum fine
shall be VND 200,000,000.
The
fines for the administrative violations specified in this Decree are
sanctioning levels for individuals, except for the cases in Article 13, Clause
4 Article 18, Article 21, Article 22, Clause 3 and Clause 4 Article 24, Article
34, Clause 1, Clause 2 and Clause 3 Article 36, Clause 2 Article 40, Clause 2
Article 41, Article 42, Article 43, Article 44, Article 45, Clause 3 Article
46, Article 48, Article 49, Article 50, and Clause 2 Article 51 of this Decree,
in which the fines are only applied to organizations.
The fines imposed on
organizations is twice as much as the fines imposed
on individuals for the same violation
2.
Additional penalties in domains of insurance
business and lottery business:
a) For
insurance business:
Deprivation of the right to use
Certificate of insurance agent with a defined term;
Suspension of operation with a
defined term, for a part of content or scope, directly related to violation, in
license for establishment and operation of the
insurers, reinsurers, insurance brokers, and branches of foreign non-life
insurers.
Suspension of operation of the insurance agent within a defined term;
Confiscating
the exhibits and vehicles used for committing administrative violations.
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Deprivation of the right to use
Certificate of eligibility for lottery business within a defined term
Confiscating
the exhibits and vehicles used for committing administrative violations.
Article 4. Remedial measures
In addition to the sanctions
specified in Article 3 of this Decree, depending on the nature and severity of the violations, the
organizations and individuals may also be compelled to take one or more
of the following remedies:
1.
Remedial measures in insurance business:
a)
Compulsory restoration of the original state;
b) Compulsory
rectification of false or confusing information;
c)
Compulsory return of illegal profit earned from committing violations;
d)
Compulsory destruction of forged documents;
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e)
Compulsory dismissal of the managers, executives, and actuaries accredited by
the Ministry of Finance; compulsory suspension of agent training; compulsory
cancellation of agent training results.
2.
Remedial measures in lottery business:
a) Compulsorily
conducting business properly with kinds of lottery products as prescribed by
law
b) Compulsorily
conducting lottery business in the designated
geographical area
c)
Compulsory annulment and rectification of the prize-winning results which are falsified and not true to
certification minutes of the Lottery Supervision
Councils;
d)
Compulsory supplementation and rectification of data which are
incompletely or inaccurately reported;
dd)
Compulsory destruction of the modified, erased, falsified or forged documents,
the equipment used for prize drawing which not satisfy requirements of
management as prescribed by law;
e)
Compulsory return of illegal profit earned from committing administrative
violations.
Chapter 2.
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SECTION 1. ADMINISTRATIVE VIOLATIONS, PENTALTIES, AND
REMEDIAL MEASURES PERTAINING TO ESTABLISHMENT AND OPERATION
Article 5. Penalties for violations against regulations on
the licensed dossiers
1.
A fine of between VND 20,000,000 and 30,000,000, for any of following
violations:
a)
Modifying, falsifying or forging the documents in dossiers already granted the
license for establishment and operation;
b)
Modifying, falsifying or forging the documents in dossiers already granted the
license for establishment of branches.
2.
Additional penalties:
Suspension of operation for 02 -
03 months, for a part of content and scope directly related to administrative
violations, in license of establishment and operation, for violations specified
in Clause 1 of this Article
3.
Remedial measures:
a)
Compulsory destruction of the falsified or forged documents;
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Article 6. Penalties for violations against regulations on
dossiers to establish representative offices of foreign insurers, reinsurers,
insurance brokers in Vietnam
1.
A fine of between VND 20,000,000 and 30,000,000 shall be imposed for
modifying, falsifying or forging documents for
dossiers already licensed for establishment of representative
offices.
2.
Remedial measures:
Compulsory
destruction of the falsified or forged documents.
Article 7. Penalties for violations against regulations on
the license for establishment and operation and the license to establish
representative office
1.
A warning shall be imposed for any of following violations:
a)
Failing to have the mandatory information posted in 03 consecutive issues of a
daily central newspaper and local newspaper of the province where the head
office of the insurer, reinsurer, insurance broker, or branch of the foreign
non-life insurer is situated;
b)
Announcing at variance with time limit about
one of contents in the license for establishment and operation as prescribed by
law;
c)
Failing to announce the contents in the license to establish representative
office as prescribed by law.
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a)
Failing to announce or making false announcement of any of contents of
operation and change already approved by the Ministry of Finance as prescribed
by law;
b)
Establishing or shutting down branches or representative office without the
written approval of the Ministry of Finance as prescribed by law;
c)
Modifying the license for establishment and operation and the license to
establish representative office.
3.
A fine of between VND 40,000,000 and 50,000,000 shall be imposed for
changing charter capital, provided capital, the
operational content, scope and duration without written approval of the
Ministry of Finance.
4.
A fine of between VND 80,000,000 and 100,000,000 shall be imposed for
any of following violations:
a)
Trading in insurance, reinsurance, or insurance brokerage without the license
for establishment and operation;
b)
Conducting operation or business after the license for establishment and
operation is suspended;
c)
Conducting operation after the license for establishment and operation or
license to establish representative office expires.
5.
Remedial measures:
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b)
Compulsory restoration of the original state, applicable to the violations in
Clause 3 of this Article;
c)
Compulsory return of illegal profit earned from the commission of
administrative violation in cases specified in Clause 3 and Clause 4 of this
Article.
Article 8. Penalties for administrative violations against
the regulations on division, split, consolidation, merger, acquisition,
transform, and dissolution of enterprises
1.
A fine of between VND 50,000,000 and 60,000,000 shall be imposed for
dissolving the insurer, reinsurer, insurance broker,
branch of the foreign non-life insurer not in accordance with law
2.
A fine of between VND 60,000,000 and 70,000,000 shall be imposed for dividing, splitting, consolidating, merging, transforming
the insurer, reinsurer, insurance broker, branch of
the foreign non-life insurer not in accordance with law.
3.
Additional penalties:
Suspension of operation for 02 -
03 months, for a part of content and scope directly related to administrative
violations, in license of establishment and operation, for violations specified
in Clause 2 of this Article
4.
Remedial measures:
a)
Compulsory restoration of the original state, applicable to the violations in
Clause 1 and Clause 2 of this Article;
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SECTION 2. ADMINISTRATIVE VIOLATIONS, PENALTIES, AND
REMEDIAL MEASURES PERTAINING TO ADMINISTRATION
Article 9. Penalties for violations against regulations on
administration and control
1.
A warning shall be imposed for failing to
report to the Ministry of Finance within 30 days from the day of the official
designation of the Deputy General Director (Deputy Director), branch manager,
representative office manager, chief of the Control Board, members of the Board
of Directors, the Member assembly, heads of departments of product research and
development, exploiting, valuation, indemnity, reinsurance, investment,
internal inspection and control.
2.
A fine of between VND 20,000,000 and 30,000,000 shall be imposed for any
of following violations:
a)
Designating the General Director (Director), Deputy General Director (Deputy
Director) of the insurer, reinsurer, insurance broker, or branch of foreign
non-life insurer who simultaneously works for another insurer, reinsurer,
insurance broker, or branch of foreign non-life insurer that engages in the
same field in Vietnam;
b)
Designating the General Director (Director), Deputy General Director (Deputy
Director) of the insurer, reinsurer, insurance broker, or branch of foreign
non-life insurer as a member of the Board of Directors or the Member assembly
of another insurer, reinsurer, insurance broker, or branch of foreign non-life
insurer that engages in the same field in Vietnam;
c)
Designating a member of the Board of Directors or the Member assembly of an
insurer, reinsurer, insurance broker, or branch of foreign non-life insurer as
a member of the Board of Directors or the Member assembly of another enterprise
that engages in the same field in Vietnam;
d) Designating
the General Director (Director), Deputy General Director (Deputy Director) of
the insurer, reinsurer, insurance broker, or branch of foreign non-life insurer
concurrently as the manager of more than one (01) branch or representative
office of such insurer, reinsurer, insurance broker, or branch of foreign
non-life insurer, or as a manager of one of the professional departments:
product research and development, exploitation, valuation, indemnity,
reinsurance, investment, internal inspection and control of the branch.
3.
A fine of between VND 40,000,000 and 50,000,000 shall be imposed for any
of violations:
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b)
Failing to establish the procedures for internal inspection, internal control,
and other procedure as prescribed by law;
c)
Procedures for internal inspection and control fail to meet the requirements
set out by law.
4.
One of the following acts shall carry a fine
of form 60,000,000 VND to 70,000,000 VND:
a)
Designating an unqualified person as the President of the Board of Directors
(the President of the Member assembly, the company’s president), General
Director (Director);
b)
Failing to appoint the President of the Board of Directors (the President of
the Member assembly, the company’s president), General Director (Director) as
prescribed by law;
c)
Replacing the President of the Board of Directors (the President of the Member
assembly, the company’s president), General Director (Director) without written
approval of the Ministry of Finance.
5.
Additional penalties:
Suspension of operation for 02 -
03 months, for a part of content and scope directly related to administrative
violations, in license of establishment and operation, for violations specified
in Clause 4 of this Article
6.
Remedial measures:
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b)
Compulsory dismissal of the administrators and executive officers accredited by
the Ministry of Finance, applicable to the violations in Clause 2 of this
Article;
c)
Compulsory suspension of the positions designated by the insurer, reinsurer,
insurance brokerage enterprise, or branch of foreign non-life insurer,
applicable to the violations in Clause 2 and Point a Clause 3 of this Article.
Article 10. Penalties for violations against regulations on
actuaries (Appointed Actuary), and actuaries in charge of professional reserve and
solvency
1.
A warning shall be imposed for changing actuary
or actuary in charge of professional reserve and solvency without compliance
with laws.
2.
A fine of between VND 30,000,000 and 40,000,000 shall be imposed on actuary of a life insurer who fails to comply with law in
conducting one of following tasks:
a)
Formulating principles, terms and conditions, calculating insurance premium of
insurance products;
b)
Annually assessing the difference between the presumptive and actual costs of
each product;
c)
Assessing reinsurance program, reinsurance contracts, and fulfilling other
tasks to ensure financial safety for the insurer.
3.
A fine of between VND 30,000,000 and 40,000,000 shall be imposed on actuary in charge of professional reserve and solvency of a
non-life insurer, or branch of foreign non-life insurer, who fails to comply
with law in conducting one of following tasks:
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b)
Assessing the expenditure on indemnities;
c)
Assessing the reinsurance program and reinsurance contracts before submitting
them to the Board of Directors (the Member assembly or the company's president)
for approval.
4.
A fine of between VND 90,000,000 and 100,000,000 shall be imposed on actuary of a life insurer, who fails to comply with law in
conducting one of following tasks
a)
Building up professional reserve for life insurance contracts;
b) Separating
funds and distributing annual surplus of funds to owners of insurance
contracts.
5.
A fine of between VND 90,000,000 and 100,000,000 shall be imposed on actuary in charge of professional reserve and solvency of a
non-life insurer, or branch of a foreign non-life insurer, who fails to comply
with law in conducting one of following tasks:
a)
Building up professional reserve for insurance contracts as prescribed by law;
b)
Failing to calculate the solvency margin and make a certification in the solvency
report as prescribed by law.
6.
Remedial measures:
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Article 11. Penalties for violations against regulations on
changing the operational contents
1.
A warning shall be imposed for any of following acts:
a)
Changing the name or location of the head office, branch, or representative
office without the written approval of the Ministry of Finance;
b) The
branch of foreign non-life insurer failing to report in writing the changes of
the foreign non-life insurer to the Ministry of Finance as prescribed by law.
2.
A fine of between VND 60,000,000 and
70,000,000 shall be imposed for transferring shares or contributions, for
shareholders that hold 10% of charter capital or more, or transferring shares
or contributions for a shareholder to hold 10% of the charter capital or more
without written approval of the Ministry of Finance.
3.
Additional penalties:
Suspension of operation for 02 -
03 months, for a part of content and scope directly related to administrative
violations, in license of establishment and operation, for violations specified
in Clause 2 of this Article
4.
Remedial measures:
a)
Compulsory restoration of the original state, applicable to the violations in
Clause 2 of this Article;
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Article 12. Penalties for violations against regulations on
reinsurance
1.
A fine of between VND 40,000,000 and 50,000,000 shall be imposed for any
of following violations:
a)
Failing to establish the procedure and provide instructions on reinsurance
business, or the procedure and instructions provided are not conformable with
law;
a)
Failing to provide reinsurance in accordance with the reinsurance programs and
the procedure, instructions on reinsurance business;
c)
Failing to submit the written certification made by the insurance authority of
the foreign country, where the head office of the reinsurance company is
situated, to the Ministry of Finance, as prescribed by law;
d)
Failing to report the provision of limited reinsurance to the Ministry of
Finance, as prescribed by law.
2.
A fine of between VND 90,000,000 and 100,000,000 for any of following violations:
a)
Ceding reinsurance against the law;
b)
Retaining the maximum liability for each risk or separate damage in excess of
5% of the equity capital of the insurer, branch of foreign non-life insurer,
and in excess of 10% of the equity capital of the reinsurer;
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d)
Ceding reinsurance to an overseas reinsurer that is not rated at least “BBB”
according to Standard & Poor's, “B++” according to A.M.Best, “Baa”
according to Moody’s, or equivalent rating in the latest fiscal year before the
reinsurance contract is concluded;
dd)
The insurer, reinsurer, or branch of the foreign non-life insurer cedes all
insured liability in an insurance contract to another insurer, reinsurer, or
branch of the foreign non-life insurer.
3.
Additional penalties:
Suspension of operation for 02 -
03 months, for a part of content and scope directly related to administrative
violations, in license of establishment and operation, for violations specified
in Clause 2 of this Article.
4.
Remedial measures:
Compulsory
dismissal of the administrators and executive officers accredited by the
Ministry of Finance, applicable to the violations in Clause 2 of this Article.
Article 13. Penalties for violations against regulations on
transferring insurance contracts
1.
A fine of between VND 90,000,000 and 100,000,000 shall be imposed on insurers, branches of the foreign non-life insurers which
have risk of insolvency; or are divided, split, amalgamated, merged, or
dissolved, but fail to transfer insurance contracts as prescribed by law.
2.
Additional penalties:
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3.
Remedial measures:
Compulsory
restoration of the original state, applicable to the violations in Clause 1 of
this Article.
Article 14. Penalties for violations against regulations on
payment of indemnities and insurance money
1.
A fine of between VND 20,000,000 and
30,000,000 shall be imposed for solving compensation to clients with slower
time in comparison with time prescribed by law.
2.
A fine of between VND 60,000,000 and 70,000,000 for any of following
violations:
a)
Requesting the beneficiary of insurance benefits to pay money or provide other
benefits against the law during the process of indemnity settlement and
insurance money payment;
b)
Colluding with the beneficiary of insurance benefits to settle insurance
indemnity or insurance money payment against the law.
3.
A fine of from 90,000,000 VND to 100,000,000
VND shall be imposed for falsifying or forging documents in dossiers requesting
for compensation, insurance money which had been paid indemnity and insurance
money.
4.
Remedial measures:
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b)
Compulsory suspension of the positions designated by the insurer, or branch of
the foreign non-life insurer, applicable to the violations in Clause 2 and
Clause 3 of this Article;
c)
Compulsory return of illegal profit earned from commission of administrative
violations specified in Clause 2 and Clause 3 of this Article.
SECTION 3. ADMINISTRATIVE VIOLATIONS, PENTALTIES, AND
REMEDIAL MEASURES PERTAINING TO EXPLOITING INSURANCE
Article 15. Penalties for violations against regulations on
competition
1.
A fine of between VND 40,000,000 and 50,000,000 for any of following
violations:
a) Illegally
interfering in the selection of the insurer and branch of the foreign non-life
insurer;
b)
Abusing the position and authority to assign, request, force other
organizations and individuals to buy insurance, or prevent them from obtaining
insurance;
c)
Providing false information or advertisements involving the operational content
and scope, insurance conditions causing damages to lawful rights and interests
of insurance buyers.
2.
A fine of between VND 60,000,000 and 70,000,000 for any of following
violations:
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b) Competing
for customers by means of obstructing, inducing, buying off or intimidating
employees or customers of other insurers, insurance
agents, or insurance brokers
3.
Additional penalties:
Suspension of operation for 02 -
03 months, for a part of content and scope directly related to administrative
violations, in license of establishment and operation, for violations specified
in Clause 1 of this Article
4.
Remedial measures:
Compulsory
rectification of false or confusing information, applicable to the violations
in Clause 1 of this Article.
Article 16. Penalties for violations against regulations on
exploiting non-life insurance
1.
A warning shall be imposed for any of following violations:
a)
Failing to make publicity and transparence in sale, making clients confused
about the products and services provided by the insurers or branches of foreign
non-life insurers;
b) Conducting
discrimination on insurance conditions and premiums among insured objects with
the same risk level.
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3.
Remedial measures: compulsory restoration of
the original state, applicable to the violations in Clause 2 of this Article.
Article 17. Penalties for violations against regulations on
provision of life insurance and health insurance
1.
A warning for any of following violations:
a) The
documents used for introducing products and services of the insurer are
unclear, enigmatic, and contain confusing information;
b) The
illustration documents are not clear, sufficient, and accurate enough for
clients to make appropriate selection;
c)
Failing to annually reconsider the presumptions used for illustrating the
products; failing to modify the sale illustration when the presumptions are no
longer suitable to reality;
d) The
documents used for introducing products, services, documents for illustrating
the sale contain information about insurance benefits that contravene the
insurance principles, conditions, and charges ratified by the Ministry of
Finance.
2.
A fine of between VND 40,000,000 and 50,000,000 for any of the following
violations:
a)
Failing to provide sufficient information about the insurance contract; failing
to explain the terms and conditions of the insurance contracts to the insurance
buyer when concluding the insurance contract;
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c)
Forcing conclusion of auxiliary insurance contracts enclosed to the main insurance
contracts;
d)
Providing insurance products of investment-linked insurance, retirement
insurance, or health insurance against the law.
3.
Additional penalties:
Suspension of operation for 02 -
03 months, for a part of content and scope directly related to administrative
violations, in license of establishment and operation, for violations specified
in Clause 2 of this Article
4.
Remedial measures:
Compulsory
restoration of the original state, applicable to the violations in Point c Clause
2 of this Article.
Article 18. Penalties for violations against regulations on
insurance products and insurance commission
1.
A warning for reporting list of new products
that are provided in the previous month against the law.
2.
A fine of between VND 10,000,000 and 20,000,000 for any of the following
violations:
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b)
Providing life insurance and health insurance products before the Ministry of
Finance grants an approval.
3.
A fine of between VND 60,000,000 and 70,000,000 for one of following
violations:
a)
Failing to comply with the principles, terms, and charges approved by the
Ministry of Finance;
b)
Amending or supplementing the principles, terms, and prices without written
approval of the Ministry of Finance;
c)
Failing to report the Ministry of Finance the non-life insurance products that
do not ensure financial safety as prescribed by law.
4.
A fine of between VND 90,000,000 and 100,000,000 shall be imposed on insurers or branches of the foreign non-life insurers
paying insurance commission more than the rate, paying insurance commission to
improper objects or improperly with professional operations as prescribed by
law.
5.
Additional penalties:
Suspension of operation for 02 -
03 months, for a part of content and scope directly related to administrative
violations, in license of establishment and operation, for violations specified
in Clause 3 and Clause 4 of this Article
6.
Remedial measures:
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b)
Compulsory return of illegal profit earned from commission of administrative
violations in Clause 4 of this Article.
Article 19. Penalties for violations against regulations on
compulsory insurance of non-life insurers
1.
A fine of between VND 40,000,000 and 50,000,000 for any of the following
violations:
a)
Refusing to sell compulsory insurance to organizations and individuals, unless
otherwise prescribed by law;
b)
Failing to comply with the principles, terms, and prices promulgated by the
Ministry of Finance;
c)
Failing to separate compulsory fire insurance from the lump-sum insurance
contract.
2.
Additional penalties:
Suspension of operation for 02 -
03 months, for a part of content and scope directly related to administrative
violations, in license of establishment and operation, for violations specified
in Clause 1 of this Article
3.
Remedial measures:
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Article 20. Penalties for violations against regulations on
setting up the Fund for protecting the insured people
1.
A warning for deduction and remitting to the Fund for protecting the
insured people improper deadline as prescribed by law
2.
A fine of between VND 20,000,000 and
30,000,000 for failing to deduct and submit sufficiently to Fund for protecting
insured people as prescribed by law.
3.
A fine of between VND 60,000,000 and
70,000,000 for failing to deduct and submit to Fund for protecting insured
people as prescribed by law.
Article 21. Penalties for violations against regulations on
providing insurance services across the border
1.
A fine of between VND 20,000,000 and 30,000,000 shall be imposed on insurers, insurance brokers, or branches of the foreign
non-life insurers conducting any of following violations:
a)
Failing to keep and provide documents proving that objects of provision of insurance
services across the border in Vietnam satisfy conditions as prescribed by law;
b)
Failing to send financial statement of the previous year to the Ministry of
Finance or send it in variance with regulations of law.
2.
A fine of between VND 50,000,000 and 60,000,000 shall be imposed on
insurers or foreign insurance brokers, which provide insurance services across
the border in Vietnam, failing to provide documents proving satisfaction of the
conditions for providing insurance services across the border as prescribed by
law.
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a) The
insurers or foreign insurance brokers which provide insurance services across
the border but fail to satisfy full conditions for provision of insurance
service across the border as prescribed by law;
b) Providers
of insurance services across the border have no head offices in countries which
signed international agreements of commerce with Vietnam, including agreements on provisions of insurance service across the
border in Vietnam;
c)
Providing insurance across the border without participation of an insurance
broker licensed to operate in Vietnam;
d) Enterprises
which are established in Vietnam and are owned more than 49% of charter capital
by foreign investors, and foreigners working in Vietnam, participating in
insurance in foreign countries without participation of an insurance broker
licensed to establish and operate in Vietnam.
4.
Additional penalties:
Suspension of operation for 02 -
03 months, for a part of content and scope directly related to administrative
violations, in license of establishment and operation, for violations specified
in Clause 1 of this Article.
5.
Remedial measures:
Compulsory
restoration of the original state, applicable to the violations in Clause 2 and
Clause 3 of this Article.
SECTION 4. ADMINISTRATIVE VIOLATIONS, PENTALTIES, AND
REMEDIAL MEASURES PERTAINING TO INSURANCE BROKERAGE, INSURANCE AGENT, AND
REPRESENTATIVE OFFICES
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A fine of between VND 20,000,000
and 30,000,000 shall be imposed on insurance brokers failing to buy professional liability insurance for insurance
brokerage at insurers operating in Vietnam.
Article 23. Penalties for violations against regulations on
insurance brokerage
1.
A fine of from 20,000,000 VND to 30,000,000
VND shall be imposed for preventing the insurance buyer and the insured from
providing information related to the insurance contract, or inciting the
insurance buyer or the insured to not declare details related to the insurance
contract.
2.
A fine of between VND 40,000,000 and 50,000,000 for any of following
violations:
a)
Advising clients to buy insurance at an insurer or branch of the foreign
non-life insurer with terms and conditions which are less competitive than
those of another insurer or branch of the foreign non-life insurer aiming to
earn higher broking commission
b)
Providing advice, introducing about the rues, terms, and insurance premiums of
life insurance, health insurance, and compulsory insurance for the insurance
buyer against the law;
c) The
insurance broker fails to reach a written agreement with the insurance buyer,
or the written agreement does not specify the scope of insurance brokerage as
prescribed by law.
3.
A fine of between VND 50,000,000 and 60,000,000 for any of following
violations:
a)
Collaborating with other organizations and individuals in one or multiple
stages of an initial insurance brokerage process, unless otherwise prescribed
by law;
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4.
Additional penalties:
Suspension of operation for 02 -
03 months, for a part of content and scope directly related to administrative
violations, in license of establishment and operation, for violations specified
in Clause 2 and Clause 3 of this Article
5.
Remedial measures:
Compulsory
return of illegal profit earned from commission of administrative violations in
Point a and Point b Clause 2 of this Article.
Article 24. Penalties for violations against regulations on
insurance agents
1.
A fine of between VND 20,000,000 and 30,000,000 for any of following
violations:
a)
Acting as an agent for an insurer or branch of the foreign non-life insurer
without a written approval of such insurer or branch of the foreign non-life
insurer;
b)
Preventing the insurance buyer from providing information related to the
insurance contract or inciting the insurance buyer or the insured not to
declare details related to the insurance contract.
c)
Running the insurance agent without signing the agent contract or after the
agent contract expires.
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a) Operating
insurance agent when failing to satisfy the operational conditions as
prescribed by law;
b)
Performing the tasks beyond the operational content of an agent as prescribed
by law.
c)
Performing the tasks that are not authorized according to the insurance agent
contract;
d) On
behalf of the insurance buyer, negotiating insurance contract with insurers,
branches of foreign non-life insurer while the infringing organizations or individuals
also are acting as agent of such insurers, branches of foreign non-life insurer
3.
A fine of between VND 70,000,000 and 80,000,000 shall be imposed on
establishments of training agent committing any of following violations:
a)
Providing courses of training insurance agents which fail to satisfy full
conditions as prescribed by law;
b)
Failing to comply with the training program approved by the Ministry of Finance
in terms of training time, lecturers, and infrastructure for training;
c)
Issuing the certificate of insurance agent against the law.
4.
A fine of between VND 90,000,000 and 100,000,000 shall be imposed on insurers or branches of the foreign non-life insurers which
use organizations or individuals to conduct activities of insurance agent
without satisfaction of conditions and principles for activities of insurance
agent as prescribed by law.
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Deprivation of the right to use certificate of insurance agent of the individual for 02 -
03 months, suspension of insurance agent operation of organizations for 02 - 03
months, for violations specified in Clause 2 of this Article
6.
Remedial measures:
a)
Compulsory restoration of the original state, applicable to the violations in
Point b and Point c Clause 3 of this Article;
b)
Compulsory return of illegal profit earned from commission of administrative
violations in Clause 2 and Clause 3 of this Article;
c)
Compulsory annulment of the insurance agent training result, applicable to the
violations in Point b and Point c Clause 3 of this Article;
d)
Compulsory suspension of the provision of training in insurance agent for 01 -
03 months, applicable to the violations in Clause 3 of this Article.
Article 25. Penalties for violations committed by
representative offices of insurers, reinsurers, and foreign insurance brokers
A fine of between VND 40,000,000
and 50,000,000 for any of following violations:
1.
Changing the name, nationality, or address of
the insurer, reinsurer, foreign insurance broker or its representative office
against the law;
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SECTION 5. ADMINISTRATIVE VIOLATIONS, PENTALTIES, AND
REMEDIAL MEASURES PERTAINING TO MANAGEMENT AND USE OF CAPITAL AND ASSETS
Article 26. Penalties for violations against regulations on
capital
1.
A fine of between VND 90,000,000 and 100,000,000 for any of following
violations:
a)
Failing to maintain the owner’s equity, the contributed charter capital, and
the provided capital to be equal to the legal capital level as prescribed by
law;
b)
Failing to maintain the owner’s equity, the contributed charter capital, and
the provided capital in proportion to the operational content, scope and
geographic areas as prescribed by law;
c) Any
shareholder being a natural person holds more than 10% of charter capital;
d) A
shareholder being an organization holds more than 20% of charter capital,
unless otherwise prescribed by law;
dd)
Shareholders and relevant persons of such shareholders hold more than 20% of
charter capital;
e) The
founding shareholders hold less than 50% of the insurer’s common stock entitled
to offer for sale within 03 years from the day on which the insurer is issued
the license for establishment and operation.
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Suspension of operation for 02 -
03 months, for a part of content and scope directly related to administrative
violations, in license of establishment and operation, for violations specified
in Clause 1 of this Article
3.
Remedial measures:
Compulsory
dismissal of the administrator or executive officer of the insurer or branch of
the foreign non-life insurer approved by the Ministry of Finance, applicable to
the violations in Point a and Point b Clause 1 of this Article.
Article 27. Penalties for violations against regulations on
deposit
A warning for any of following
violations:
1.
Paying deposits against the law;
2.
Using deposits against the law.
Article 28. Penalties for violations against regulations on
setting up, management, and use of professional reserve and compulsory
reserve funds
1.
A warning for deduction and setting up
insufficiently the compulsory reserve fund as prescribed by law.
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a)
Failing to register the method of setting up professional reserve with the
Ministry of Finance;
b)
Failing to set up the compulsory reserve fund as prescribed by law;
c)
Using the compulsory reserve fund against the law.
3.
A fine of between VND 60,000,000 and 70,000,000 for any of following
violations:
a)
Setting up professional reserve against the law;
b)
Using professional reserves against the law.
c)
Setting up professional reserve of the non-life insurer or branch of the
foreign non-life insurer without certification of the actuary in charge of
technical reserve and solvency.
d)
Failing to follow the method of setting up professional reserve registered with
the Ministry of Finance.
4.
A fine of between VND 90,000,000 and
100,000,000 for failing to set up professional reserve as prescribed by law.
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Suspension of operation for 02 -
03 months, for a part of content and scope directly related to administrative
violations, in license of establishment and operation, for violations specified
in Clause 3 and Clause 4 of this Article
6.
Remedial measures:
a)
Compulsory restoration of the original state, applicable to the violations in
Clause 2 and Clause 3 of this Article;
b)
Compulsory return of illegal profit earned from commission of administrative
violations in Point c Clause 2 and Point b Clause 3 of this Article;
c)
Compulsory dismissal of the administrators, executive officers and actuaries
accredited by the Ministry of Finance, applicable to the violations in Clause 3
and Clause 4 of this Article;
d)
Compulsory suspension of the positions designated by the insurer, reinsurer, or
branch of the foreign non-life insurer, applicable to the violations in Clause
3 and Clause 4 of this Article.
Article 29. Penalties for violations against regulations on
capital investment
1.
A fine of between VND 20,000,000 and 30,000,000 for any of the following
violations:
a) Failing
to make accounting separately for capital investment from the equity source and
investment from professional reserve
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2.
A fine of between VND 60,000,000 and 70,000,000 for any of the following
violations
a)
Making investments from capital sources other than those allowed investing as
prescribed by law;
b)
Investing idle capital from professional reserve in excess of the permissible
proportion of investment in various fields as prescribed by law;
c) The
reinsurer investing idle capital from professional reserve against the law.
3.
A fine of between VND 90,000,000 and 100,000,000 for any of the
following violations:
a)
Taking loans to make direct investment or authorize investment in securities,
real estate, or contributing capital to other enterprises;
b)
Making reinvestment in any shape or form in shareholders (contributors) or
relevant persons as prescribed by law, except for deposits at the shareholders
(members) being credit institutions;
c)
Using the capital source from professional reserve to conduct overseas
investment in any shape or form;
d)
Conducting overseas investment against the law.
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Suspension of operation for 02 -
03 months, for a part of content and scope directly related to administrative
violations, in license of establishment and operation, for violations specified
in Clause 3 of this Article
5.
Remedial measures:
a)
Compulsory return of illegal profit earned from commission of administrative
violations in Clause 2 and Clause 3 of this Article;
b)
Compulsory dismissal of the administrators and executive officers accredited by
the Ministry of Finance, applicable to the violations in Clause 3 of this
Article;
c)
Compulsory suspension of the positions designated by the insurer, reinsurer, or
branch of the foreign non-life insurance insurer, applicable to the violations
in Clause 3 of this Article.
SECTION 6. ADMINISTRATIVE VIOLATIONS, PENTALTIES, AND
REMEDIAL MEASURES PERTAINING TO SOLVENCY
Article 30. Penalties for violations against regulations on
financial safety in activities of enterprises
1.
A fine of between VND 40,000,000 and 50,000,000 for any of following
violations
a)
Failing to carry out internal audit as prescribed by law;
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2.
A fine of between VND 90,000,000 and 100,000,000 for any of the
following violations:
a)
Failing to take measures for restoring the solvency when enterprises have the
risk of insolvency;
b)
Failing to comply with the requirements for restoring solvency as prescribed by
law;
c) Failing
to comply with plan on restoring solvency,
strengthening the organization and operation of the insurers, already been
approved by the Ministry of Finance
3.
Additional penalties:
Suspension of operation for 02 -
03 months, for a part of content and scope directly related to administrative
violations, in license of establishment and operation, for violations specified
in Clause 2 of this Article
4.
Remedial measures:
a)
Compulsory dismissal of the administrators, executives and actuaries approved
by the Ministry of Finance, applicable to the violations in Clause 2 of this
Article;
b)
Compulsory suspension of the positions designated by the insurer, reinsurer, or
branch of the foreign non-life insurance insurer, applicable to the violations
in Clause 2 of this Article.
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1.
A fine of between VND 10,000,000 and
20,000,000 for failing to register the principles of fund separation and
surplus distribution as prescribed by law.
2.
A fine of between VND 30,000,000 and
40,000,000 for using surplus from fund of holder of this contract to supplement
for deficit of fund of owner or fund of holder of other contract.
3.
A fine of between VND 60,000,000 and
70,000,000 for separating funds or distributing surplus against the law.
4.
Additional penalties:
Suspension of operation for 02 -
03 months, for a part of content and scope directly related to administrative
violations, in license of establishment and operation, for violations specified
in Clause 3 of this Article
5.
Remedial measures:
a)
Compulsory restoration of the original state, applicable to the violations in
Clause 3 of this Article;
b)
Compulsory dismissal of the administrators, executive officers and actuaries
accredited by the Ministry of Finance, applicable to the violations in Clause 3
of this Article;
c)
Compulsory suspension of the positions designated by the insurer, applicable to
the violations in Clause 3 of this Article.
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Article 32. Penalties for violations against regulations on
reporting
1.A
warning for any of following violations:
a) Submitting
report improperly the deadline as prescribed by law
b)
Submitting inadequate reports as prescribed by law.
2.
A fine of between VND 10,000,000 and
20,000,000 for providing insufficient or incorrect information, data in the
report as prescribed by law.
3.
A fine of between VND 20,000,000 and
30,000,000 for failing to submit reports as prescribed by law.
SECTION 8. SANCTIONING COMPETENCE FOR ADMINISTRATIVE
VIOLATIONS IN INSURANCE BUSINESS
Article 33. Sanctioning competence for
administrative violations in insurance business
1.
The persons assigned task of specialized inspection of Department of Insurance Management and Supervision - the Ministry
of Finance have rights:
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b) To
confiscate material evidences or means used in the commission of
administrative violations valued not exceeding VND 500,000;
c)
Take the remedial measures specified in Point a and Point d Clause 1 Article 4
of this Decree.
2.
Heads of specialized inspectorate delegations of Department of Insurance Management and Supervision - the Ministry of
Finance have rights:
a) To
impose warnings;
b) To
fine up to VND 50,000,000;
c) To
suspend operation of a part of content and scope in license of establishment
and operation with a defined term; deprive the right to use of certificate of
insurance agent with a defined term or suspend operation with a defined term
d) To
confiscate material evidences or means used in the commission of
administrative violations valued not exceeding the fine level specified in
point b of this Clause.
dd)
Take the remedial measures prescribed in Clause 1 Article 4 of this Decree.
3.
The Director of the Department of Insurance
Management and Supervision has rights:
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b) To
fine up to VND 100,000,000;
c) To
suspend operation of a part of content and scope in license of establishment
and operation with a defined term; deprive the right to use of certificate of
insurance agent with a defined term or suspend operation with a defined term
d) To
confiscate material evidences or means used in the commission of
administrative violations valued not exceeding the fine level specified in
point b of this Clause;
dd)
Take the remedial measures prescribed in Clause 1 Article 4 of this Decree.
4.
The competence of fine levels specified in
this Article is applied to individuals; the fine levels for organizations are
twice as fines applied to individuals.
Chapter 3.
VIOLATIONS, PENALTIES
AND FINES FOR VIOLATIONS AGAINST THE LAW ON LOTTERY BUSINESS
SECTION 1. VIOLATIONS AGAINST THE REGULATIONS ON ISSUING
AND USING THE CERTIFICATE ELIGIBILITY TO DO LOTTERY BUSINESS
Article 34. Violations against regulations on granted
application for the certificate of eligibility to do lottery business
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2.
Remedial measures:
Compulsory
destruction of the falsified or forged documents, applicable to the violations
in this Article.
Article 35. Violations against the regulations on managing
and using the certificate eligibility to do lottery business
1.
A fine of from 40,000,000 VND to 60,000,000
VND shall be imposed for falsifying the certificate of eligibility to do
lottery business.
2.
A fine of from 60,000,000 VND to 80,000,000
VND shall be imposed for lending, leasing, or transferring the certificate of
eligibility to do lottery business.
3.
A fine of from 80,000,000 VND to 100,000,000
VND shall be imposed for doing lottery business without the certificate of
eligibility to do lottery business issued by a competent authority.
4.
Additional penalties:
Confiscating
the certificate eligibility to do lottery business for 01 - 03 months,
applicable to the violations in Clause 1 and Clause 2 of this Article.
5.
Remedial measures:
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SECTION 2. VIOLATIONS AGAINST THE LAW ON PRINTING, ISSUING,
AND DISTRIBUTING LOTTERY TICKETS
Article 36. Violations against regulations on printing and
issuing lottery tickets
1.
One of the following acts shall carry a fine
of form 5,000,000 VND to 10,000,000 VND:
a)
Printing lottery tickets that contain insufficient information as prescribed by
law;
b)
Signing contracts to print lottery tickets with unqualified printing
facilities.
2.
One of the following acts shall carry a fine
of form 10,000,000 VND to 20,000,000 VND:
a)
Issuing lottery tickets of which the nominal values are not conformable with
law;
b)
Issuing lottery tickets beyond the limits prescribed by law;
c)
Issuing lottery tickets inconsistently with the drawing schedule as prescribed
by law;
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3.
A fine of form 20,000,000 VND to 30,000,000
VND shall be imposed for printing insufficient quantity of lottery tickets
according to the announced symbols and prizes.
4.
A fine of from 30,000,000 VND to 50,000,000
VND shall be imposed for erasing, falsifying the lottery ticket in any shape or
form to win the prizes.
5.
A fine of from 50,000,000 VND to 70,000,000
VND shall be imposed for forging lottery tickets in any shape or form to win
the prizes.
6.
Additional penalties:
a)
Confiscating all the lottery tickets used for committing the violations in
Clause 2, Clause 4, and Clause 5 of this Article;
b)
Confiscating the certificate eligibility to do lottery business for 01 - 02
months, applicable to the violations in Clause 2 and Clause 3 of this Article.
7.
Remedial measures:
Compulsory
return of illegal profit earned from the violations in Clause 2, Clause 3,
Clause 5, and Clause 5 of this Article.
Article 37. Violations against regulations on distributing
lottery tickets
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a)
Selling lottery tickets to the persons that are not eligible to buy lottery
tickets.
b)
Selling lottery tickets at other prices than their nominal values.
2.
A fine of from 10,000,000 VND to 20,000,000
VND shall be imposed for distributing lottery tickets using improper methods.
3.
Remedial measures:
Compulsory
return of illegal profit earned from the violations in Clause 2 of this
Article.
Article 38. Violations against regulations on area for
lottery business
1.
A fine of form 10,000,000 VND to 20,000,000
VND shall be imposed for selling lottery tickets beyond the permissible
localities.
2.
Additional penalties:
Confiscating
the lottery tickets sold outside the permissible localities.
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a)
Compulsory sale of lottery tickets within the permissible localities,
applicable to the violations in this Article;
b)
Compulsory return of illegal profit earned from the violations in this Article.
Article 39. Violations against regulations on buying
lottery tickets
1.
The person that is not eligible to buy lottery
tickets shall be given a warning when deliberately buying lottery tickets.
2.
A fine of form 20,000,000 VND to 30,000,000 VND
shall be imposed for using state capital and assets to buy lottery tickets.
3.
Remedial measures:
Compulsory
return of illegal profit earned from the violations in this Article.
Article 40. Violations against regulations on withdrawing, keeping,
and destroying unsold lottery tickets
1.
One of the violations below shall be given a
warning:
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b)
Authorizing another lottery company to withdraw unsold lottery tickets without
a written authorization.
2.
One of the following acts shall carry a fine
of form 10,000,000 VND to 20,000,000 VND:
a)
Destroying the unsold lottery tickets or counterfoils that have not been kept
for a sufficient period of time;
b)
Failing to establish a lottery ticket destruction council, or the number of
council members is not sufficient as prescribed by law;
c)
Failing to make record on destruction of unsold lottery tickets.
Article 41. Violations against regulations on lottery
agents
1.
A warning shall be given for falsifying or
forging the documents in the granted application for establishing the lottery
agent.
2.
One of the following acts shall carry a fine
of form 10,000,000 VND to 30,000,000 VND:
a)
Signing agent contracts with ineligible organizations and individuals;
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c)
Allowing the lottery agent to owe the debt beyond debt term or the time to pay
money from selling lottery tickets.
3.
Additional penalties:
Confiscating
the falsified or forged documents, applicable to the violations in Clause 1 of
this Article.
SECTION 3. VIOLATIONS AGAINST THE LAWS ON PRODUCTS, RULES
FOR PARTICIPATION, AND PRIZES
Article 42. Violations against regulations on products
1.
A fine of form 20,000,000 VND to 40,000,000
VND shall be imposed for selling prohibited products.
2.
Additional penalties:
a)
Confiscating all prohibited lottery tickets as prescribed by law;
b)
Confiscating the certificate of eligibility to do lottery business for 01 - 02
months, applicable to the violations in this Article.
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Compulsory
return of illegal profit earned from violations, applicable to the violations
in this Article.
Article 43. Violations against regulations on giving prize,
prize structure, and rules for participation
1.
One of the following acts shall carry a fine
of form 5,000,000 VND to 10,000,000 VND:
a)
Establish the prize structure of each issuance beyond the maximum limits;
b)
Establish the prize structure against the law.
2.
A fine of form 10,000,000 VND to 20,000,000
VND shall be imposed for failing to formulate and announce the rules for
participation as prescribed by law.
3.
Remedial measures:
Compulsory
return of illegal profit earned from the violations in Clause 1 of this
Article.
SECTION 4. VIOLATIONS AGAINST REGULATIONS ON ANNOUNCING
WINNING NUMBERS AND LOTTERY MACHINES
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1.
One of the following acts shall carry a fine
of form 10,000,000 VND to 20,000,000 VND:
a)
Announcing winning numbers inconsistently with the schedule;
b)
Announcing winning numbers at other locations than the prescribed ones;
c)
Failing to formulate and announce the regulations on drawing winning numbers.
2.
One of the following acts shall carry a fine
of form 20,000,000 VND to 30,000,000 VND:
a)
Employing ineligible persons to draw winning numbers;
b)
Employing inadequate persons to draw winning numbers;
c)
Drawing numbers at other times than those prescribed by law;
d)
Drawing winning numbers in contravention of the procedure.
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4.
Remedial measures:
a)
Compulsory return of illegal profit earned from the violations in Clause 3 of
this Article;
b)
Compulsory annulment and rectification of the lottery results, applicable to
the violations in Clause 3 of this Article.
Article 45. Violations against regulations on lottery
machines
1.
One of the following acts shall carry a fine
of form 20,000,000 VND to 30,000,000 VND:
a)
Failing to acquire adequate lottery machines as prescribed by law;
b)
Using unsatisfactory rotating cages as prescribed by law;
b)
Using unsatisfactory balls as prescribed by law;
d)
Using unsatisfactory precision scales and devices to measure the balls;
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2.
Additional penalties:
Confiscating
the unsatisfactory equipment used for drawing numbers according to this
Article.
SECTION 5. VIOLATIONS AGAINST REGULATIONS ON INFORMATION
AND SALE PROMOTION
Article 46. Violations against regulations on using lottery
results and information about lottery results
1.
A fine of form 30,000,000 VND to 50,000,000
VND shall be imposed for using lottery results to hold games of chance against
the law.
2.
A fine of form 80,000,000 VND to 100,000,000
VND shall be imposed for using lottery results to hold prize games against the
law.
3.
A fine of form 180,000,000 VND to 200,000,000
VND shall be imposed for providing false information about lottery result
according to the certification of the Lottery Supervision Council.
4.
Additional penalties:
Confiscating
the certificate eligibility to do lottery business for 01 - 02 months,
applicable to the violations in this Clause 3 of this Article.
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a)
Compulsory cancellation and rectification of incorrect results according to the
certification of the Lottery Supervision Council, applicable to the violations
in Clause 4 of this Article;
b)
Compulsory return of illegal profit earned from the violations in this Article.
Article 47. Violations against the laws on promotion in the
lottery business
1.
A fine of form 10,000,000 VND to 20,000,000
VND shall be imposed for doing promotion in the lottery business.
2.
A fine of from 20,000,000 VND to 40,000,000
VND for taking advantage of doing promotion in the form of games of chance to
do illegal lottery business and reap profit from customers.
3.
Additional penalties:
a)
Confiscating the exhibits and instruments used for doing promotion;
b)
Confiscating the certificate eligibility to do lottery business for 01 - 02
months, applicable to the violations in this Article.
4.
Remedial measures:
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SECTION 6. VIOLATIONS AGAINST REGULATIONS ON GIVING PRIZES,
KEEPING WINNING LOTTERY TICKETS, AND CONDITIONS TO DO ELETRONIC LOTTERY
Article 48. Violations against regulations on giving prizes
1.
A fine of from 5,000,000 VND to 10,000,000 VND
shall be imposed for giving prizes for ineligible lottery tickets as prescribed
by law.
2.
One of the following acts shall carry a fine
of form 10,000,000 VND to 20,000,000 VND:
a)
Deliberately delaying giving prizes for lottery winners;
b)
Destroying winning lottery tickets that are claimed but have not been kept for a
sufficient period of time.
3.
A fine of form 20,000,000 VND to 30,000,000
VND shall be imposed for revealing information about lottery winners.
4.
A fine of form 30,000,000 VND to 50,000,000
VND shall be imposed for authorizing the agent to give prizes beyond the
limits.
5.
Remedial measures:
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Article 49. Violations against the law on conditions for
computerized lottery
1.
A fine of form 20,000,000 VND to 40,000,000
VND shall be imposed for doing computerized lottery business without
promulgating a Regulation on management and collection of data from servers;
failing to kept lottery business data for a sufficient period of time.
2.
A fine of form 40,000,000 VND to 60,000,000
VND shall be imposed for doing computerized lottery business without adequate
servers and lottery machines as prescribed by law.
3.
A fine of form 60,000,000 VND to 80,000,000
VND shall be imposed for doing computerized lottery business without adequate
software as prescribed by law.
4.
Additional penalties:
Confiscating
the certificate eligibility to do lottery business for 01 - 03 months,
applicable to the violations in this Article.
5.
Remedial measures:
Compulsory
return of illegal profit earned from violations, applicable to the violations
in this Article.
SECTION 7. VIOLATIONS AGAINST REGULATIONS ON COMMISSION FOR
AGENTS, CONTRIBUTION TO PRIZE FUNDS AND FINANCE FUNDS, USING FUNDS, AND
REPORTING
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1.
A fine of form 30,000,000 VND to 50,000,000
VND shall be imposed for paying commission to the lottery agents beyond the
limits.
2.
A fine of form 50,000,000 VND to 70,000,000
VND shall be imposed for making contribution to, using prize funds and finance
fund against the law.
Article 51. Violations against regulations on reporting
lottery business
1.
The lottery company that commits one of the
following acts shall be given a warning:
a)
Failing to submit reports or failing to submit adequate reports to competent
authorities as prescribed by law;
b)
Submitting reports to competent authorities behind schedule as prescribed by
law.
2.
A fine of form 5,000,000 VND to 10,000,000 VND
shall be imposed for providing insufficient or incorrect information in the
report submitted to competent authorities.
3.
Remedial measures:
Compelling
the lottery company to supplement and rectify the report, applicable to the
violations in Clause 2 of this Article.
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Article 52. Powers to impose penalties for administrative
violations against the law on lottery business
1.
Finance inspectors at all levels are entitled
to:
a)
Give warnings;
b)
Confiscate the exhibits and instruments used for committing administrative
violations that are worth no more than 500,000 VND;
c)
Take the remedial measures prescribed in Point a, Point b, Point d Clause 2
Article 4 of this Decree.
2.
The Chief Inspector of the Service of Finance
is entitled to:
a)
Give warnings;
b)
Impose fines of up to 50,000,000 VND;
c)
Confiscate the exhibits and instruments used for committing administrative
violations that are worth no more than the level prescribed in Point b of this
Clause;
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3.
The Chief Inspector of the Ministry of Finance
is entitled to:
a)
Give warnings;
b)
Impose fines of up to 100,000,000 VND;
c)
Confiscate the Certificate eligibility to do lottery business as prescribed by
law;
d)
Confiscate the exhibits and instruments used for committing administrative
violations;
dd)
Take the remedial measures prescribed in Clause 2 Article 4 of this Article.
4.
The powers to impose fines prescribed in
aquaculture products Article are applicable to natural persons. The fines
incurred by an organization are twice as much as those incurred by a natural
person.
5.
The persons having the powers to impose
penalties as prescribed in Clause 1, Clause 2 and Clause 3 of this Article, the
persons having the powers to impose penalties of other agencies as prescribed
by law shall impose penalties in accordance with this Decree when discovering
administrative violations in the fields or localities under their management.
Chapter 4.
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Article 53. Effect
1.
This Decree takes effect on October 15, 2013
and supersedes the Government's Decree No. 41/2009/ND-CP dated May 05, 2009 of
the Government on penalties for administrative violations against regulations
on insurance business and the Government's Decree No. 105/2010/ND-CP dated
October 27, 2010 on penalties for administrative violations against regulations
on lottery business
2.
The administrative violations against
regulations on insurance and lottery business that are committed before this
Decree takes effect but discovered and dealt with thereafter, the regulations
on penalties for administrative violations in this Decree shall apply if they
are advantageous to the offenders.
3.
The decisions on penalties for administrative
violations that are issued or implemented before the Law on Handling
administrative violations and this Decree takes effect but appeals are lodged
by the penalized entities, the Ordinance on Handling administrative violations,
the Decree No. 41/2009/ND-CP dated May 05, 2009 and the Decree No.
105/2010/ND-CP dated October 27, 2010 shall apply.
Article 54. Organizing the implementation
1.
The Ministry of Finance shall provide guidance
on, inspect and supervise the implementation of this Decree.
2.
Ministers, Heads of ministerial agencies,
Heads of Governmental agencies, Presidents of the People’s Committees of
central-affiliated cities and provinces are responsible for the implementation
of this Decree./.
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