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THE GOVERNMENT
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SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
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No. 95/2016/ND-CP
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Hanoi, July 01, 2016
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DECREE
PENALTIES FOR ADMINISTRATIVE VIOLATIONS AGAINST REGULATIONS
ON STATISTICS
Pursuant to the Law on
Government organization dated June 19, 2015;
Pursuant to the Law on
Actions against administrative violations dated June 20, 2012;
Pursuant to the Law on
Statistics dated November 23, 2015;
At the request of the
Minister of Planning and Investment;
The Government
promulgates a Decree on penalties for administrative violations against
regulations on statistics.
Chapter
I
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Article
1. Scope
1. This Decree provides
for administrative violations, penalties, fines, remedial measures; the power
to impose penalties and fines for violations against regulations on statistics.
2. Administrative
violations against regulations on statistics are:
a) Violations against
regulations on statistical survey;
b) Violations against
regulations on statistical reports;
c) Violations against
regulations on use of administrative data for statistics production, use of
statistical database;
d) Violations against
regulations on publishing and using statistical information;
dd) Violations against regulations
on retention of statistical documents.
Article
2. Regulated entities
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2. Organizations and
individuals publishing and using statistical information.
3. Organizations and
individuals that prepare statistical reports or carry out statistical surveys.
4. Organizations and
individuals using administrative data for statistics production or using
statistical database.
5. Officials and public
employees committing violations in the performance of their duties related to
statistics production shall incur penalties specified in regulations of law on
officials and public employees instead of provisions of this Decree.
6. Regulatory bodies
committing violations related to statistics production shall be dealt with
according to relevant laws instead of provisions of this Decree.
7. Article 13 of this
Decree shall not apply to press agencies.
Penalties for
administrative violations imposed upon press agencies are specified in Article
8 of the Government's Decree No. 159/2013/ND-CP dated November 12, 2013 on
penalties for administrative violations against regulations on press and
publishing.
Article
3. Remedial measures
Remedial measures
provided for in this Decree are:
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2. Enforced invalidation
of survey sheets and statistical survey results.
3. Enforced restoration
of survey sheets and statistical reports if possible.
4. Enforced rectification
of cited or published statistical information.
5. Enforced rectification
of false or confusing statistical information that was published.
6. Enforced rectification
of statistical information published on false printed matters.
Article
4. Fines imposed upon individuals and organizations
The fines specified in
Chapter II of this Decree are to be imposed upon individuals. The fine imposed
upon an organization for the same violation is twice the fine imposed upon an
individual.
Chapter
II
VIOLATIONS,
PENALTIES AND REMEDIAL MEASURES
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1. A warning shall be
imposed for delay in complying with the request of a statistical surveyor
according to the statistical survey plan.
2. A fine of from VND
300,000 to VND 1,000,000 shall be imposed for any of the following violations:
a) Late submission of
statistical survey sheets in case of indirect survey less than 05 days behind
schedule according to the statistical survey plan;
b) Failure to submit adequate
statistical survey sheets in case of indirect survey according to the
statistical survey plan;
c) Failure to complete
the survey sheets according to the statistical survey plan.
3. A fine of from VND
1,000,000 to VND 3,000,000 shall be imposed for submission of statistical
survey sheets in case of indirect survey 5 – 9 days behind schedule according
to the statistical survey plan.
4. A fine of from VND
3,000,000 to VND 7,000,000 shall be imposed for any of the following
violations:
a) Incorrectly entering
information provided by surveyed entities in the survey sheets;
b) Entering information
on statistical survey sheets without actually carrying out the survey according
to the statistical survey plan;
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d) Late submission of
submit statistical survey sheets in case of indirect survey 10 days or more
behind schedule according to the statistical survey plan.
5. A fine of from VND
7,000,000 to VND 10,000,000 shall be imposed for any of the following
violations:
a) Refusing or
obstructing the statistical survey;
b) Providing false
information or forcing other people to provide false information;
c) Failure to send the
result of the survey other than a national statistical survey to the competent
statistics authority within the concentrated system of statistical
organizations after 15 days from the day on which the survey result is
published;
d) Failure to provide the
electrical statistical survey content and data to the access device at the
request of the surveying authority or the surveyors specified in the
statistical survey plan.
6. Remedial measure:
Enforced invalidation of the survey sheets in case of the violation specified
in Point a, b, c Clause 4 and Point b Clause 5 of this Article.
Article
6. Violations against regulations on use of statistical report forms.
1. A fine of from VND
1,000,000 to VND 3,000,000 shall be imposed for failure to adhere to the forms
provided by competent authorities.
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Article
7. Violations against regulations on time limit for submission of statistical
reports and financial statements to statistics authorities
1. A warning shall be
imposed for late submission of reports:
a) Less than 05 days
behind schedule for monthly statistical reports;
b) Less than 10 days
behind schedule for quarterly, biannual and 9-month financial statements and
statistical reports;
c) Less than 15 days
behind schedule for annual financial statements and statistical reports.
2. A fine of from VND
1,000,000 to VND 3,000,000 shall be imposed for late submission of reports:
a) 5 – 9 days behind
schedule for monthly statistical reports;
b) 10 – 14 days behind
schedule for quarterly, biannual and 9-month financial statements and
statistical reports;
c) 15 – 19 days behind
schedule for annual financial statements and statistical reports.
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a) 10 – 15 days behind
schedule for monthly statistical reports;
b) 15 – 19 days behind
schedule for quarterly, biannual and 9-month financial statements and
statistical reports;
c) 20 – 29 days behind schedule
for annual financial statements and statistical reports.
4. A fine of from VND
5,000,000 to VND 10,000,000 shall be imposed for late submission of reports:
a) 20 – 30 days behind
schedule for quarterly, biannual and 9-month financial statements and statistical
reports;
b) 30 – 45 days behind
schedule for annual financial statements and statistical reports.
5. b) A fine of VND
10,000,000 – VND 20,000,000 shall be imposed for failure to submit the annual
financial statement or statistical report.
Failure to submit a
statistical report or financial statement means a monthly statistical report is
not submitted after 15 days, a quarterly, biannual or 9-month financial
statement or statistical report after 30 days, an annual statistical report or
financial statement after 45 days from the deadline.
Article
8. Violations against regulations on adequacy of statistical reports
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2. A fine of VND 3,000,000
– VND 5,000,000 shall be imposed for failure to complete the quarterly,
biannual or 9-month statistical report.
3. A fine of VND
5,000,000 – VND 10,000,000 shall be imposed for failure to complete the annual
statistical report.
Article
9. Violations against regulations on statistics production method
1. A fine of from VND
5,000,000 to VND 7,000,000 shall be imposed for any of the following
violations:
a) Preparing a
statistical report against regulations on indicator calculation method in
statistical reports.
b) Preparing a
statistical report against regulations on the scope of collecting statistical
data.
2. Remedial measure:
Enforced invalidation of unconformable statistical reports in case of the
violation specified in Clause 1 of this Article.
Article
10. Violations against regulations on accuracy of statistical reports
1. A fine of from VND
5,000,000 to VND 7,000,000 shall be imposed for preparing a statistical report
that contains inadequate sources required by a competent authority.
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a) Providing false data
in the statistical report;
b) Colluding with or
forcing another person to provide false data in the statistical report.
3. Remedial measure:
Enforced invalidation of the statistical report in Clause 1 of this Article.
Article
11. Violations against regulations on use of administrative database or
statistical database
1. A fine of VND
7,000,000 – VND 10,000,000 shall be imposed for use of statistical database of
unpublished statistical indicators or statistical information.
2. A fine of from VND
10,000,000 to VND 20,000,000 shall be imposed for use of administrative
database for purposes other than statistics production, provision of
administrative data for a third party without a written consent of the database
manager.
Article
12. Violations against regulations on publishing statistical information
1. A fine of VND
10,000,000 – VND 20,000,000 shall be imposed for publishing unpublished data or
information in the statistics database other than state secret.
2. A fine of VND
20,000,000 – VND 30,000,000 shall be imposed for publishing false statistical
information.
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Article
13. Violations against regulations on using statistical information
1. A warning or a fine of
from VND 500,000 to VND 1,000,000 shall be imposed for any of the following
violations:
a) Citing a piece of
statistical information on a means of mass media or printed matter without
naming the source;
b) Naming a false source
when citing a piece of statistical information on a means of mass media or
printed matter.
2. A fine of VND
3,000,000 – VND 5,000,000 shall be imposed for falsifying statistical
information which belongs to a system of statistical indicators of a province,
district or commune published by a competent authority for publishing on means
of mass media or printed matters.
3. A fine of VND
5,000,000 – VND 10,000,000 shall be imposed for falsifying statistical
information which belongs to a system of statistical indicators of a Ministry
published by a competent authority for publishing on means of mass media or
printed matters.
4. A fine of VND
10,000,000 – VND 20,000,000 shall be imposed for falsifying statistical
information which belongs to a national system of statistical indicators
published by a competent authority for publishing on means of mass media or
printed matters.
5. Remedial measures:
a) Enforced rectification
of cited or published statistical information mentioned in Clause 1 of this
Article;
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Article
14. Violations against regulations on retention of statistical documents
1. A warning or a fine of
VND 500,000 – VND 1,000,000 shall be imposed for damaging a completed
statistical survey sheet or statistical report during the retention period but
it can be restored.
2. A fine of from VND
5,000,000 to VND 10,000,000 shall be imposed for any of the following
violations:
a) Damaging a completed
statistical survey sheet or statistical report during the retention period and
it cannot be restored;
b) Losing a completed
statistical survey sheet or statistical report;
c) Destroying a completed
statistical survey sheet or statistical report before expiration of the
retention period.
3. Remedial measure:
Enforced restoration of the survey sheet or statistical report, if possible.
Article
15. Violations against regulations on confidentiality of statistical
information providers
A fine of VND 20,000,000
– VND 30,000,000 shall be imposed for revealing statistical information in the survey
sheet, statistical report, administrative data or statistical data associate
with the name or address of an organization or individual without their
consent.
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POWER TO IMPOSE
ADMINISTRATIVE PENALTIES
Article
16. The power to impose penalties of Presidents of the People’s Committees
1. Presidents of the
People’s Committees of communes are entitled to:
a) Issue warnings;
b) Impose a maximum fine
of VND 3,000,000.
2. Presidents of the
People’s Committees of districts are entitled to:
a) Issue warnings;
b) Impose a maximum fine
of VND 15,000,000;
c) Enforce the remedial
measures provided for in this Decree.
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a) Issue warnings;
b) Impose a maximum fine
of VND 30,000,000;
c) Enforce the remedial
measures provided for in this Decree.
Article
17. The power to impose penalties of inspectors
1. Inspectors of the
Ministry of Planning and Investment and other statistics inspectors in the
performance of their duty are entitled to issue warnings.
2. Director of Provincial
Statistical Offices, chiefs of inspectorates of the Ministry of Planning and
Investment, chiefs of inspectorates of General Statistics Office are entitled
to:
a) Issue warnings;
b) Impose a maximum fine
of VND 21,000,000;
c) Enforce the remedial
measures provided for in this Decree.
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a) Issue warnings;
b) Impose a maximum fine
of VND 30,000,000;
c) Enforce the remedial
measures provided for in this Decree.
4. Chiefs of
inspectorates of Provincial Statistical Offices are entitled to:
a) Issue warnings;
b) Impose a maximum fine
of VND 15,000,000;
c) Enforce the remedial measures
provided for in this Decree.
Article
18. The power to impose penalties of other inspectors
1. The Ministry of
Natural Resources and Environment, the Ministry of Home Affairs, the Ministry
of Finance, the Ministry of Justice, the Ministry of Information and
Communications, the Ministry of Construction, the Ministry of Agriculture and
Rural Development, the Ministry of Industry and Trade, the Ministry of
Transport, the Ministry of Science and Technology, the Board of Directors, the
Ministry of Health, the Ministry of Culture, Sports and Tourism, the Ministry
of Public Security, the Ministry of National Defense, the State bank of
Vietnam, inspectors and chief inspectors of Ministries and ministerial
agencies, chief inspectors of Provincial Departments are entitled to impose
penalties for violations against regulations on statistics.
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a) Clause 1 of Article 5;
b) Clause 1 of Article 7;
c) Clause 1 of Article
13;
d) Clause 1 of Article
14;
3. Chief Inspectors of
Ministries, ministerial agencies and Provincial Departments specified in Clause
1 of this Article are entitled to issue warnings and fines up to VND 30,000,000
and enforce the remedial measures specified in Article 5 through 15 of this
Decree.
Article
19. Determination of power to impose penalties
The power to penalties
for administrative violations of the persons specified in Article 16 through 18
of this Decree is applied to administrative violations committed by
individuals. The fine imposed upon an organization for the same violation is
twice the fine imposed upon an individual.
Article
20. The power to issue administrative violation records
Upon discovery of an administrative
violation against regulations on statistics, a competent person shall issue an
administrative violation record.
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Chapter
IV
IMPLEMENTATION
Article
21. Effect
This Decree comes into
force from July 01, 2016 and replaces the Government's Decree No.
79/2013/ND-CP .
Article
22. Responsibility for implementation
Ministers, Heads of
ministerial agencies, Heads of Governmental agencies, President of the People’s
Committees of provinces, relevant organizations and individuals are responsible
for the implementation of this Decree./.
ON BEHALF OF THE GOVERNMENT
THE PRIME MINISTER
Nguyen Xuan Phuc
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