THE
GOVERNMENT
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SOCIALIST
REPUBLIC OF VIET NAM
Independence - Freedom – Happiness
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No.
169/2004/ND-CP
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Hanoi,
September 22, 2004
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DECREE
PRESCRIBING THE SANCTIONING OF ADMINISTRATIVE VIOLATIONS IN
THE PRICE DOMAIN
THE GOVERNMENT
Pursuant to the December 25,
2001 Law on Organization of the Government;
Pursuant to the April 26, 2002 Ordinance on Price;
Pursuant to the July 2, 2002 Ordinance on Handling of Administrative
Violations;
At the proposal of the Finance Minister,
DECREES:
Chapter I
GENERAL PROVISIONS
Article 1.-
Regulation scope
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2. Administrative violations in
the price domain, prescribed by this Decree, include:
a) Violations of regulations on
valorization;
b) Violations of regulations on
price consultation;
c) Violations of regulations on
price brackets, price levels set by competent agencies;
d) Violations of regulations on
price scheme formulation;
e) Violations of regulations on
price appraisal;
f) Violations of regulations on
price posting;
g) Violations of regulations on
prohibited acts prescribed in Article 28 of the Ordinance on Price;
h) Violations of regulations on
use of goods price subsidy, freight subsidy money, support money amounts for
implementation of price policies;
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Article 2.-
Subjects of application
Domestic and foreign
individuals, agencies and organizations (hereinafter referred collectively to
as individuals and organizations), that commit acts of intentionally or
unintentionally violating law provisions on prices, which do not constitute
crimes, shall all be sanctioned for administrative violations under the
provisions of this Decree and other relevant law provisions on sanctioning of
administrative violations, except otherwise provided for by international
treaties which the Socialist Republic of Vietnam has signed or acceded to.
Article 3.-
Principles for sanctioning administrative violations in the price domain
1. The sanctioning of
administrative violations in the price domain must be conducted by competent
persons strictly according to the provisions of this Decree.
2. All administrative violations
must be detected in time and immediately stopped. The sanctioning must be
carried out swiftly, fairly and lawfully; all consequences caused by
administrative violations must be remedied strictly according to law
provisions.
3. An act of administrative
violation in the price domain shall be sanctioned only once. An individual or
organization that commits many acts of administrative violation shall be
sanctioned for every violation act. If many individuals or organizations
jointly commit one act of administrative violation, each violating individual
or organization shall be sanctioned.
4. The sanctioning of
administrative violations in the price domain must be based on the nature and
seriousness of the violations, the extenuating circumstances and aggravating
circumstances for decision on appropriate sanctioning forms and levels.
Article 4.-
Extenuating circumstances, aggravating circumstances for acts of administrative
violation in the price domain
1. Extenuating circumstances:
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b) The administrative violators
have voluntarily reported thereon;
c) They are forced to commit
violations.
2. Aggravating circumstances:
a) Committing the violations in
an organized manner;
b) Committing violations time
and again or relapsing into violations in the price domain;
c) Abusing positions and powers
to commit violations;
d) Taking advantage of the
situation of war, natural calamities or other special difficulties of the
society to commit violations;
e) Committing violations while
serving penalties of criminal judgments or serving decisions on sanctioning of
administrative violations in the price domain;
f) Continuing to commit acts of
administrative violation though competent persons have requested them to stop
such acts;
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Article 5.-
Statute of limitations for sanctioning acts of administrative violation in the
price domain
1. The statute of limitations
for sanctioning an administrative violation in the price domain is 2 years as
from the date the administrative violation is committed.
2. For individuals against whom
criminal cases are instituted, who are prosecuted or brought to trial according
to criminal procedures under decisions but later decisions to stop the
investigation or stop the cases are issued while their violation acts show
signs of administrative violation in the price domain, they shall be sanctioned
for administrative violations; within three days after the decisions to stop
the investigation or stop the cases are issued, the persons who have made such
decisions must send them to the persons competent to sanction the
administrative violations; in this case, the statute of limitations for
sanctioning the administrative violations is three months as from the date the
persons with sanctioning competence receive the stoppage decisions and the
violation dossiers.
3. Within the time limits
prescribed in Clauses 1 and 2 of this Article, if individuals or organizations
commit new administrative violations also in the price domain or deliberately
shirk or obstruct the sanctioning, the statute of limitations prescribed in Clauses
1 and 2 of this Article shall not apply but be recalculated from the time of
committing the new administrative violations or the time of terminating the
acts of shirking or obstructing the sanctioning.
Article 6.-
The statute of limitations for executing decisions on sanctioning of
administrative violations in the price domain
The statute of limitations for
executing a decision on sanctioning administrative violation(s) is one year,
counting from the date the sanctioning decision is issued; if past this time
limit such decision is not executed, the sanctioning decision shall not be
executed but the remedial measures inscribed in the decision still apply.
Where sanctioned individuals or
organizations deliberately evade or delay the execution of sanctioning
decisions, the above-mentioned statute of limitations shall be recalculated
from the time the evading or delaying acts terminate.
Article 7.-
The time limit for being considered having not yet been sanctioned for
administrative violations in the price domain
Individuals and organizations
sanctioned for administrative violations, if past one year counting from the
date of completely serving the sanctioning decisions or the date of expiry of
the statute of limitations for executing the sanctioning decisions they do not
relapse into violations, shall be considered having not yet been sanctioned for
administrative violations.
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1. For each act of administrative
violation in the price domain, the violating individuals and organizations
shall be subject to one of the following principal sanctioning forms:
a) Caution;
b) Fine.
2. Depending on the nature and
seriousness of their violations, the individuals and organizations committing
administrative violations in the price domain shall also be subject to the
application of one or more of the following additional sanctioning forms:
a) Deprivation of the right to
use the price evaluator’s card;
b) Confiscation of the money
amounts earned from administrative violations.
3. Apart from the
above-mentioned principal and additional sanctioning forms, the violating
individuals and organizations can also be compelled to apply one or more of the
following remedial measures:
a) Confiscation of all price
difference money amounts earned from administrative violations;
b) Forced compensation for the
entire money amounts lost due to administrative violations in the price domain;
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d) The compulsory payment of all
expenses for the return of difference money earned from wrong price application
to individuals and/or organizations that the wrong prices were applied to.
4. The principal sanctioning
forms, additional sanctioning forms and measures applicable to administrative
violations in the price domain are prescribed in Chapter II of this Decree.
Other additional sanctioning forms and measures shall only be applied together
with principal sanctioning forms. In cases where the statute of limitations for
sanctioning administrative violations have expired, the principal
sanctioning forms shall not apply but the measures prescribed at Points a, b,
c, d, Clause 3 of this Article can be applied.
5. When the form of fine is
applied, the specific fine level for an act of administrative violation in the
price domain shall be the average level of the fine bracket corresponding to
such act, prescribed in this Decree; if the violation involves extenuating
circumstance(s), the fine level can be reduced but must not be lower than the
minimum level of the fine bracket; if it involves aggravating circumstance(s),
the fine level can be raised but must not exceed the maximum level of the fine
bracket.
Chapter II
ACTS OF ADMINISTRATIVE
VIOLATION IN THE PRICE DOMAIN, SANCTIONING FORMS AND LEVELS
Article 9.-
Acts of violating regulations on valorization
A fine of between VND 5,000,000
and 10,000,000 shall be imposed for one of the following violation acts:
1. Failing to report or
reporting in contravention of the State’s regulations on the implementation of
valorization measures.
2. Failing to strictly observe
the valorization measures of competent bodies.
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1. A fine of between VND
3,000,000 and 5,000,000 shall be imposed for acts of buying or selling goods or
providing services at prices different from the temporary prices in price
consultation or the committed prices already promulgated by competent bodies.
2. Individuals or organizations
that commit administrative violation acts prescribed in Clause 1 of this
Article may, apart from fines, be subject to the following measures:
a) Confiscation of the entire
price difference money earned from the administrative violations;
b) Forcible compensation for the entire money amounts lost due to wrong
price application;
c) Payment of all expenses for
the return of price difference money to individuals or organizations that the
wrong prices were applied to.
Article
11.- Acts of wrongly applying the prices decided by competent bodies
1. A fine of between VND
5,000,000 and 10,000,000 for acts of buying or selling goods, providing
services at prices different from the specific prices, price brackets, limited
prices decided by provincial/municipal People’s Committees or competent bodies
(other than the agencies defined in Clauses 2 and 3 of this Article).
2. A fine of between VND
10,000,000 and 20,000,000 for acts of buying, selling goods or providing
services at prices different from the specific prices, price brackets or
limited prices decided by ministers or heads of ministerial-level agencies.
3. A fine of between VND
20,000,000 and 30,000,000 for acts of buying, selling goods or providing
services at prices different from the specific prices, price bracket or limited
prices decided by the Government or the Prime Minister.
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a) Confiscation of the entire
price difference money amounts earned from the administrative violations;
b) Forcible compensation for the
whole money amounts lost due to wrong price application;
c) Payment of all expenses for
the reimbursement of the price difference money to individuals and
organizations the wrong prices were applied to.
Article
12.- Acts of violating regulations on price scheme formulation
A fine of between VND 5,000,000
and 10,000,000 shall be imposed for acts of formulating scheme on asset, goods
and/or service prices set by the State at variance with the price calculation
regulations of competent bodies.
Article
13.- Acts of violating regulations on price evaluation
1. A fine of between VND
3,000,000 and 5,000,000 for acts of wrongly evaluating prices for self-seeking
purposes, which causes damage to individuals, organizations and/or the State.
2. A fine of between VND
5,000,000 and 10,000,000 for acts of evaluating prices when failing to fully
meet the conditions for price- evaluating activities as provided for by law.
3. A fine of between VND
5,000,000 and 10,000,000 for acts of failing to evaluates the prices of assets
which must be price-evaluated as provided for by the State.
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a) Confiscation of the money
amounts earned from administrative violations;
b) Definite or indefinite
deprivation of the right to use the price evaluator’s card.
5. Individuals or organizations
committing administrative violation acts specified in Clauses 1, 2, 3 of this
Article may, apart from fines and/or additional sanctions, be compelled to
compensate for the money amounts lost due to their administrative violations.
Article
14.- Acts of failing to strictly comply with the regulations on price
posting
1. Caution or a fine of between
VND 100,000 and 200,000 for acts of failing to post up prices or posting up
prices in contravention of regulations at transaction, goods-trading and
service-providing places, for goods and services with prices set by enterprises
themselves.
2. A fine of between VND 200,000
and 500,000 for acts of failing to post up or posting up prices in
contravention of regulations at transaction, goods-trading and
service-providing places, for goods and services on the list of those with
prices set by the State.
Article
15.- Acts of alignment for price monopoly
1. A fine of between VND
5,000,000 and 10,000,000 for acts of failing to report or reporting
incompletely, inaccurately, untimely on data and/or documents related to
production and circulation costs, monopolized goods and/or service prices at
requests of competent price- State management agencies.
2. A fine of between VND
10,000,000 and 15,000,000 for the following acts committed within one province
or centrally-run city:
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b) Reaching agreement among
organiza-tions, individuals in order to create goods scarcity by way of
restricting production, distribution, transportation and/or sale of goods
and/or the provision of services; destroying, damaging goods, infringing upon
the legitimate interests of other production and/or business organizations,
individuals or consumers.
c) Reaching agreement among
organiza-tions, individuals to realize conditions on goods sale, purchase,
post-sale service provision, thus affecting goods prices, service prices,
infringing upon the legitimate interests of other production and/or business
organizations, individuals or consumers.
d) Reaching agreement among
organiza-tions, individuals to change sale and/or purchase prices of goods,
services in order to abolish or force other enterprises to align with them or
become their branches, infringing upon the legitimate interests of other
production and/or business organizations, individuals or consumers.
3. A fine of between VND
15,000,000 and 20,000,000 for acts mentioned at Points a, b, c, d of Clause 1,
which are committed in areas larger than a province or a centrally-run city.
4. Individuals and organizations
committing administrative violation acts specified in Clauses 2 and 3 of this
Article shall, apart from fines, be subject to confiscation of the entire money
amounts earned from their administrative violations.
5. Individuals and organizations
committing administrative violation acts specified in Clauses 2 and 3 of this
Article can, apart from fines and/or additional sanctions, be compelled to
compensate for the money amounts lost due to their administrative violations.
Article
16.- Acts of speculation to raise prices, to press prices
1. A fine of between VND
3,000,000 and 5,000,000 for acts of taking advantage of natural disasters,
enemy sabotage and/or other unexpected developments for speculation to raise
prices, press prices within a rural district, an urban district, a provincial
town.
2. A fine of between VND
5,000,000 and 10,000,000 for acts of taking advantage of natural disasters,
enemy sabotage and/or other unexpected developments for speculation to raise
prices, to press prices within an area larger than a rural district, an urban
district, a provincial town.
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4. Individuals or organizations
that commit acts of administrative violation specified in Clauses 1 and 2 of
this Article may, apart from fines and/or additional sanctions, be compelled to
compensate for the money amounts lost due to their administrative violations.
Article
17.- Acts of fabricating, spreading groundless news about price increases
or price decreases
1. A fine of between VND
3,000,000 and 5,000,000 for acts of fabricating and/or spreading groundless
news about goods or service price increase or decreases decided by provincial
People’s Committees, thus causing damage to legitimate interests of other
production and/or individuals, organizations, consumers and the interests of
the State.
2. A fine of between VND
5,000,000 and 10,000,000 for acts of fabricating and/or spreading groundless
news about goods or service price increases or decreases decided by the Government,
the Prime Minister, ministers, heads of ministerial-level agencies, thus
causing damage to legitimate interests of other production and/or business
individuals or organizations, consumers and the interests of the State.
Article
18.- Acts of violating regulations on price and/or freight subsidies,
support measures for the implementation of price policies
1. A fine of between VND
5,000,000 and 10,000,000 for acts of using for wrong purposes goods price
and/or freight subsidy money and other support money amounts for the
implementation of price policies.
2. A fine of between VND
10,000,000 and 20,000,000 for acts of making false declarations or
over-declarations in payment dossiers to receive goods price and/or freight
subsidies and other support money amounts for the implementation of price
policies.
3. Individuals or organizations
that commit acts of administrative violation specified in Clauses 1 and 2 of
this Article can, apart from fines, be subject to the application of the following
remedial measures:
a) Recovering goods price and/or
freight subsidy money and/or other support money amounts for implementation of
price policies, which have been used for wrong purposes, for the administrative
violations prescribed in Clause 1 of this Article;
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Chapter III
COMPETENCE, PROCEDURES
FOR SANCTIONING OF ADMINISTRATIVE VIOLATIONS IN THE PRICE DOMAIN
Article
19.- Competence of the People’s Committees at all levels to sanction
administrative violations in the price domain
1. The presidents of the
People’s Committees of communes, wards, district townships have the power to
impose:
a) Caution;
b) Fines of up to VND 500,000.
2. The presidents of the
People’s Committees of rural districts, urban districts, provincial capitals,
provincial towns have the power:
a) To impose caution;
b) To impose fines of up to VND
20,000,000;
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d) To compel the compensation
for the entire money amounts lost due to administrative violations.
3. The presidents of the
People’s Committees of provinces or centrally-run cities shave the power:
a) To impose caution;
b) To impose fines of up to the
maximum level prescribed by this Decree;
c) To confiscate the money
amounts earned from administrative violations;
d) To confiscate the entire
price difference money amounts earned from administrative violations;
e) To compel the compensation
for the entire money amounts lost due to administrative violations;
f) To recover the goods price
and/or freight subsidy money acquired due to false declarations or
over-declarations in payment dossiers; the goods price and/or freight subsidy
money and support money for the implementation of price policies, which have
been used for wrong purposes.
Article
20.- The specialized inspectorates’ competence to sanction administrative
violations in the price domain
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a) To impose caution;
b) To impose fines of up to VND
200,000.
2. The specialized chief
inspectors of the provincial/municipal Finance Services have the power:
a) To impose sanction;
b) To impose fines of up to VND
20,000,000;
c) To confiscate the profit
amounts earned from administrative violations;
d) To confiscate the entire
price difference money amounts acquired from administrative violations;
e) To compel the compensation
for the entire money amounts lost due to administrative violations;
f) To recover the goods price
and/or freight subsidy money and/or support money amounts for implementation of
price policies, which have been acquired due to false declarations,
over-declarations in the payment dossiers; the goods price and/or freight
subsidy money and/or other support money amounts for implementation of price
policies. which have been used for wrong purposes.
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a) To impose caution;
b) To impose fines of up to VND
30,000,000;
c) To confiscate the money
amounts earned from administrative violations;
d) To deprive of the right to
use the price evaluator’s card;
e) To confiscate the entire
price difference money amounts earned from administrative violations;
f) To compel the compensation
for the entire money amounts lost due to administrative violations;
g) To recover the goods price
and/or freight subsidy money and/or support money amounts for implementation of
price policies, which have been acquired due to false declarations,
over-declarations in the payment dossiers; the goods price and/or freight
subsidy money and/or support money amounts for implementation of price
policies, which have been used for wrong purposes.
4. The specialized inspectorates
of the ministries, branches have the competence to sanction administrative
violations in the price domain like the specialized finance inspectorates under
the provisions of this Decree within the price managing competence of the
ministries, branches, as prescribed by the Government.
Article
21.- The determination of sanctioning competence shall comply with the
provisions of Article 42 of the Ordinance on Handling of Administrative
Violations of July 2, 2002.
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1. The procedures and order for
sanctioning acts of administrative violation in the price domain shall comply
with the provisions of Articles 53, 54, 55, 56, 57, 58, 59 and 65 of the
Ordinance on Handling of Administrative Violations of July 2, 2003 and Chapter
IV of Decree No.134/2003/ND-CP of November 14, 2003 detailing the
implementation of the 2002 Ordinance on Handling of Administrative Violations.
2. The collected fine money must
be remitted into the State budget through accounts opened at the State
Treasury. The regime of managing fine collection receipts and fine money shall
comply with the current regulations.
3. Individuals and organizations
subject to the recovery of goods price and/or freight subsidy money and/or
support money amounts for implementation of price policies; the confiscation of
price difference money; to compensation for money amounts lost due to their
administrative violations; to the payment of all expenses for refunding of
price difference money must submit the money at places inscribed in the
sanctioning decisions so that the principal sanctioning bodies consider the
refund thereof to the victims or remit them into the State budget.
Article
23.- The execution of decisions to sanction administrative violations and
the coercive execution of decisions to sanction administrative violations shall
comply with law provisions.
Article
24.- Transfer of dossiers of administrative violations in the price domain
for penal liability examination
When deeming that acts of
administrative violation in the price domain show criminal signs, the competent
persons must immediately transfer the dossiers to competent criminal procedure-
conducting agencies.
It is strictly prohibited to
retain violation cases with criminal signs for administrative sanction.
Chapter IV
COMPLAINTS, DENUNCIATIONS,
VIOLATION HANDLING
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Complaints, denunciations and
settlement of complaints or denunciations against decisions to sanction
administrative violations in the price domain shall comply with the law
provisions on complaints, denunciations.
Pending the settlement of
complaints, individuals and organizations sanctioned for administrative
violations in the price domain must strictly abide by the sanctioning decisions
of competent bodies. The complaints about administrative violation-sanctioning
decisions shall not suspend the execution of sanctioning decisions.
Article
26.- Handling of violations
Persons who are competent to
sanction administrative violations in the price domain but seek personal
interests or lack responsibility, covering up, failing to sanction or
sanctioning not in time, improperly, sanctioning ultra vires shall, depending
on the nature and seriousness of their violations, be disciplined or examined
for penal liability; if causing damage to the State, organizations or
individuals, they must pay compensation therefor according to law provisions.
Persons who are sanctioned for
administrative violations in the price domain, if committing acts of
obstructing, resisting on-duty officials who have the responsibility to inspect
or deliberately delaying or shirking the execution of administrative violation-
sanctioning decisions shall, depending on the nature and seriousness of their
violations, be administratively handled or examined for penal liability
according to the current law provisions.
Chapter V
IMPLEMENTATION PROVISIONS
Article
27.- Implementation effect
This Decree takes implementation
effect 15 days after its publication in the Official Gazette; to annul Decree
No. 44/2000/ND-CP of September 1, 2000 of the Government stipulating the
sanctioning of administrative violations in the price domain.
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1. The Finance Minister has the
responsibility to guide the implementation of this Decree.
2. The ministers, the heads of
the ministerial-level agencies, the heads of the Government-attached agencies,
the presidents of the provincial/municipal People’s Committees shall have to
implement this Decree.
ON BEHALF OF THE
GOVERNMENT
PRIME MINISTER
Phan Van Khai