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THE
GOVERNMENT
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SOCIALIST
REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
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No:
44/2000/ND-CP
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Hanoi,
September 01, 2000
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DECREE
ON SANCTIONING ADMINISTRATIVE VIOLATIONS IN THE FIELD OF
PRICE
THE GOVERNMENT
Pursuant to the Law on Organization of the
Government of September 30, 1992;
Pursuant to the Ordinance on Handling of Administrative Violations of July 6,
1995;
Pursuant to the Commercial Law of May 10, 1997;
At the proposal of the head of the Government Pricing Committee,
DECREES:
Chapter I
GENERAL PROVISIONS
Article 1.- Scope of
regulation
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2. Administrative violations in the field of
price stipulated in this Decree include:
a/ Violations of the regulations on price
posting and reporting;
b/ Failure to strictly comply with the price
bracket and price levels prescribed by the State;
c/ Violations of the regulations on price plan
elaboration and reporting and elaboration of other reports with the
price-related contents;
d/ Violations of the regulations on the use of
price and freight subsidies as well as the money amounts provided in support of
implementation of the price policy;
e/ Violations of the regulations on pricing;
f/ Violations of the regulations on the sale
promotion price.
Article 2.- Objects of
regulation
All organizations and individuals committing
acts of administrative violation in the field of price shall be
administratively sanctioned according to this Decree and other relevant law
provisions on sanctioning administrative violations.
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Article 3.- Sanctioning
principles
1. The sanctioning of administrative violations
in the field of price must be effected by the competent persons in strict
compliance with the provisions of this Decree.
2. The handling of administrative violations in
the field of price must be conducted in a quick, just and lawful manner. Upon
the detection of any violation, a decision on the termination thereof must be
issued.
3. An administrative violation in the field of
price shall be sanctioned only once. An individual or organization committing
different administrative violations shall be sanctioned for each of such
violations. Many individuals and/or organizations jointly committing an administrative
violation shall each be sanctioned therefor.
4. The sanctioning of administrative violations
in the field of price must be based on the nature and seriousness of violations
as well as the extenuating and aggravating circumstances so as to decide the
appropriate sanctioning forms and levels.
Article 4.- Extenuating
and aggravating circumstances for acts of administrative violation in the field
of price
1. Extenuating circumstances:
The violators have prevented or lessened harms
caused by their violations or voluntarily overcome consequences and pay
compensation for the damage caused by their violations.
2. Aggravating circumstances:
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b/ Committing violations more than once or
recidivism;
c/ Abusing one’s position and/or power;
d/ Taking advantage of the situation of wars,
natural calamities or other particular difficult situations of the society;
e/ Committing violations while serving criminal
sentences or decisions on handling of administrative violations;
f/ Evading or covering an administrative
violation after committing it;
Article 5.- Statute of
limitations for sanctioning
1. The statute of limitations for sanctioning an
administrative violation in the field of price is 2 years after such violation
is committed.
2. Where an individual is sued, prosecuted or
brought to trial according to the criminal procedures, if there’s a decision to
suspend the investigation or the case, he/she shall be administratively
sanctioned, provided that there are signs of an administrative violation; the
time-limit for sanctioning administrative violation in this case shall be 3
months after the suspension decision is issued.
3. Within the time-limits prescribed in Clauses
1 and 2 of this Article, if concerned individuals or organizations commit new
administrative violations or deliberately evade or obstruct the sanctioning,
the statute of limitations mentioned in Clauses 1 and 2 of this Article shall
not apply. The statute of limitations shall be re-calculated as from the time
the new administrative violation arises or the act of evading or obstructing
the sanctioning is committed.
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A decision on sanctioning an administrative
violation in the field of price shall cease to be effective one year after its
issuance; in cases where the sanctioned individual or organization deliberately
evades or delays the execution of the sanctioning decision, the statute of
limitations stipulated in this Article shall not apply.
Article 7.- Time-limit
for being considered as having not been administratively sanctioned
One year after executing the sanctioning
decisions or after the sanctioning decisions cease to be effective, if the
administratively sanctioned organizations or individuals do not relapse into
the violations, they shall be considered as having not been administratively
sanctioned.
Article 8.- Sanctioning
forms
1. For every act of administrative violation in
the field of price, the violating individual or organization shall be subject
to one of the following main sanctioning forms:
a/ Warning;
b/ Pecuniary penalty.
2. Depending on the nature and seriousness of
their administrative violations in the field of price, the violating
individuals or organizations may also be subject to the additional sanctioning
form of confiscating all the price differences acquired from the administrative
violations.
3. Beside the above-mentioned main and
additional sanctioning forms, individuals or organizations committing
administrative violations may also be subject to one or all of the following
measures:
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b/ Recovery of the price and freight subsidies
as well as money amounts provided in support of implementation of the price
policy, which are acquired from the false declaration or distortion of dossiers
and vouchers; price and freight subsidies as well as money amounts provided in
support of implementation of the price policy, which have been used for the
wrong purposes;
c/ Bearing all costs of reimbursing the
difference arising from the wrong application of prices to individuals and/or
organizations to which the prices have been wrongly applied;
d/ Retrospective collection of the evaded money
amounts which must have been paid for implementation of the price policy as
prescribed.
4. The main and additional sanctioning forms as
well as measures applicable to acts of administrative violation in the field of
price are stipulated in Chapter II of this Decree. The additional sanctioning
forms and other measures shall only be applied together with the main
sanctioning form. Where the statute of limitations for sanctioning an
administrative violation expires, no main sanction is applied but the measures
stipulated in Clause 2 and at Points a, b, c and d, Clause 3 of this Article
may be applied thereto.
5. Where the pecuniary penalty is applied, the
specific fine level for an administrative violation in the field of price is
the average level of the fine bracket corresponding to such violation as
defined in this Decree; if the violation involves extenuating circumstances,
the fine level may be reduced but must not be lower than the minimum level of
the fine bracket; if the violation involves aggravating circumstances, the fine
level may be increased but must not be higher than the maximum level of the
fine bracket.
Chapter II
ACTS OF ADMINISTRATIVE
VIOLATION IN THE FIELD OF PRICE, SANCTIONING FORMS AND LEVELS
Article 9.- Acts of
failing to strictly comply with the regulations on price posting and reporting
1. Warning or a fine of between VND 50,000 and
200,000 for act of failing to post up the goods buying and selling prices as
well as the service charges as prescribed.
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Article 10.- Acts of
wrongly applying prices
1. Warning or a fine of between VND 100,000 and
500,000 for act of buying and/or selling goods or providing services at prices
or charges different from the posted ones.
2. Warning or a fine of between VND 500,000 and
2,000,000 for act of buying and/or selling goods or providing services at
prices or charges different from the specific price levels and price limits set
by the competent agencies.
3. A fine of between VND 1,000,000 and 5,000,000
for act of taking advantages of natural calamities or other particularly
difficult situations to raise or depress prices, thus causing damage to
producers and/or consumers.
4. Organizations and individuals committing acts
of administrative violation defined in Clauses 1, 2 and 3 of this Article shall
also be subject to the confiscation of all the price difference acquired from
the administrative violations.
5. In addition to the sanctioning forms
stipulated in Clauses 1, 2, 3 and 4 of this Article, individuals and
organizations committing administrative violations defined in Clauses 1 and 2
may also be subject to the following measures:
a/ Forcible compensation of the whole sum of
money lost due to the wrong application of prices;
b/ Bearing all costs of the price difference
reimbursement to individuals and/or organizations to which the prices have been
wrongly applied.
Article 11.- Acts of
tricking in compiling the price-declaration dossiers
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2. A fine of between VND 5,000,000 and
10,000,000 for act of falsely declaring the goods buying and selling prices,
service charges and other relevant factors in order to evade the payment of the
prescribed money amounts to be paid for implementation of the price policy.
3. A fine of between VND 10,000,000 and
20,000,000 for act of making false declaration or distorting dossiers to
receive the price subsidies, freight subsidies and money amounts provided in
support of implementation of the price policy.
4. In addition to fines, individuals and
organizations committing administrative violations stipulated in this Article
may also be subject to the following measures:
a/ Retrospective collection of the prescribed
amounts to be paid for implementation of the price policy, which have been
evaded, for administrative violations stipulated in Clause 2 of this Article.
b/ Recovery of the price subsidies and freight
subsidies as well as money amounts provided in support of implementation of the
price policy, which are acquired from the false declaration or distortion of
dossiers, for administrative violations stipulated in Clause 3 of this Article.
Article 12.- Acts of
setting wrong prices or setting prices ultra vires
1. A fine of between VND 2,000,000 and 3,000,000
for act of setting goods buying and selling prices or service charges at
variance with the price levels and price limits prescribed by the competent
agencies.
2. In addition to fines, individuals and
organizations committing acts of violation stipulated in this Article may also
be subject to the confiscation of all the price difference acquired from the
administrative violations stipulated in Clause 1 of this Article.
3. In addition to the sanctioning forms defined
in Clauses 1 and 2 of this Article, individuals and organizations committing
administrative violations may also be subject to one or all of the following
measures:
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b/ Bearing all costs of reimbursing money due to
the wrong price application, to individuals and/or organizations to which the
prices have been wrongly applied.
Article 13.- Acts of
violating regulations on commercial goods prices and service charges in the
sale promotion period
1. Warning or a fine of between VND 50,000 and
200,000 for act of failing to post up the sale promotion duration, the common
goods selling prices as well as the commercial service charges before the sale
promotion time; the goods selling prices as well as the commercial service
charges during the sale promotion period according to the stipulations of the
competent agencies.
2. A fine of between VND 500,000 and 2,000,000
for act of selling goods or providing commercial services in the sale promotion
period at prices lower than 70% of the pre-sale promotion goods prices or commercial
service charges.
3. A fine of between VND 500,000 and 2,000,000
for act of promoting the sale with goods and/or services valued at 30% higher
than the pre-sale promotion goods prices or commercial service charges.
4. In addition to fines, individuals and
organizations committing administrative violations related to goods and/or
services with prices set by the State may also be compelled to repay the whole
sum of money lost due to the acts of violation stipulated in Clauses 2 and 3,
this Article.
Article 14.- Acts of
using for wrong purposes the price subsidies, freight subsidies and money
amounts provided in support of implementation of the price policy
1. A fine of between VND 5,000,000 and
10,000,000 for act of using for wrong purposes the price subsidies, freight
subsidies and money amounts provided in support of implementation of the price
policy.
2. Individuals and organizations committing
administrative violations stipulated in this Article shall, apart from being fined
under the provisions of Clause 1 of this Article, be compelled to refund the
price subsidies, freight subsidies as well as money amounts provided in support
of implementation of the price policy, which have been used for the wrong
purposes.
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When deeming that an act of administrative
violation in the field of price shows signs of a criminal offense, the
competent person(s) shall have to compile a dossier and transfer it to the
competent agency for handling according to criminal procedures.
To strictly prohibit the retaining of cases of
administrative violations with signs of criminal offenses for administrative
sanctions.
Chapter III
COMPETENCE AND
PROCEDURES FOR SANCTIONING ADMINISTRATIVE VIOLATIONS IN THE FIELD OF PRICE
Article 16.- Competence
of the People’s Committees of all levels for sanctioning administrative
violations in the field of price
1. The presidents of the commune/ward/township
People’s Committees shall have the right to:
a/ Serve warning;
b/ Impose fines of up to VND 200,000;
c/ Propose the competent agencies to apply
appropriate sanctioning forms according to the order stipulated in this Decree,
to individuals and organizations that commit graver administrative violations.
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a/ Serve warning;
b/ Impose fines of up to VND 10,000,000;
c/ Confiscate all the price difference acquired
from administrative violations;
d/ Compel the compensation of the whole sum of
money lost due to administrative violations;
e/ Propose the competent agencies to apply
appropriate sanctioning forms according to the order stipulated in this Decree,
to individuals and organizations that commit graver administrative violations.
3. The presidents of the People’s Committees of
the provinces and centrally-run cities shall have the right to:
a/ Serve warning;
b/ Impose fines of up to VND 100,000,000;
c/ Confiscate all the price difference acquired
from administrative violations;
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e/ Recover the price subsidies, freight
subsidies and money amounts provided in support of implementation of the price
policy, which have been acquired from false declarations or dossier distortion;
as well as the price subsidies, freight subsidies and money amounts provided in
support of implementation of the price policy, which have been used for wrong
purposes;
f/ Retrospectively collect the evaded money
amounts which must have been paid for the implementation of the price policy as
prescribed.
Article 17.- Competence
of the specialized inspectorates for sanctioning administrative violations
1. The finance-pricing inspectors, while on
official duty, shall have the right to:
a/ Serve warning;
b/ Impose fines of up to VND 200,000;
c/ Propose the competent agencies to apply appropriate
sanctioning forms according to the order defined in this Decree, to individuals
and organizations that commit graver administrative violations.
2. The chief inspectors and heads of the
department-level agencies performing the finance-pricing specialized inspection
function shall have the right to:
a/ Serve warning;
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c/ Confiscate all the price difference acquired
from administrative violations;
d/ Compel the compensation of the whole sum of
money lost due to administrative violations;
e/ Recover the price subsidies, freight
subsidies and money amounts provided in support of implementation of the price
policy, which have been acquired from false declarations or dossier distortion;
as well as the price subsidies, freight subsidies and money amounts provided in
support of implementation of the price policy, which have been used for the
wrong purposes;
f/ Propose the competent agencies to
retrospectively collect the evaded money amounts for the funds for implementation
of the price policy as prescribed.
3. The chief inspector of the Government Pricing
Committee shall have the right to:
a/ Serve warning;
b/ Impose fines of up to VND 20,000,000;
c/ Confiscate all the price difference acquired
from administrative violations;
d/ Compel the compensation of the whole sum of
money lost due to administrative violations;
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f/ Retrospectively collect the evaded money
amounts which must have been paid for implementation of the price policy as
prescribed.
4. The specialized inspectorates of the
ministries and branches shall, within the price management competence of their
respective ministries and branches already determined by the Government, have
the competence to sanction administrative violations in the field of price like
the finance-pricing specialized inspectorate according to the provisions of
this Decree.
Article 18.-
Determination of sanctioning competence
Where an administrative violation in the field
of price falls under the handling competence of different State management
agencies, the sanctioning shall be effected by the agency being the first to
receive and process the case dossier according to the provisions of this
Decree.
Article 19.- Procedures
for sanctioning
1. The procedures for and order of sanctioning
administrative violations in the field of price shall comply with the
provisions in Articles 45, 46, 47, 48 and 49 of the July 6, 1995 Ordinance on Handling
of Administrative Violations.
2. The collected fines must be remitted into the
State budget through accounts opened at the State Treasury. The regime of
managing fine receipts and money shall comply with the current regulations.
3. Organizations and individuals subject to the
recovery of the price subsidies, freight subsidies and money amounts provided
in support of implementation of the price policy; to the confiscation of price
difference; the forcible payment of money lost due to administrative violations;
or retrospective payment of money for implementation of the price policy as
prescribed, shall have to pay them at places stated in the sanctioning
decisions so that the agencies assuming the prime responsibility for
sanctioning may consider the refunding of money to the damage-suffering parties
or remit it into the State budget.
4. The Finance Ministry shall assume the prime
responsibility and coordinate with the Government Pricing Committee in
providing detailed guidance for handling money amounts payable by organizations
or individuals that commit administrative violations prescribed in Clause 3 of
this Article.
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1. Organizations and individuals administratively
sanctioned according to the provisions of this Decree shall have to strictly
execute decisions on sanctioning administrative violations, issued by the
competent agencies and persons.
2. Organizations and individuals subject to
administrative sanctions, if failing to execute the sanctioning decisions or
deliberately evade the execution thereof, shall be compelled to do so with the
following measures:
a/ Deduction of part of their salaries or
incomes or deposits in the bank accounts;
b/ Inventory of assets with value equivalent to
the fine, the money amount to be confiscated, recovered, forcibly paid or
retrospectively paid, for auction.
c/ Application of other coercive measures for
the execution of sanctioning decisions.
The persons with sanctioning competence shall
also be competent to issue coercive decisions and have to organize the
coercion.
3. Banking institutions, State Treasuries and
people’s police force shall have to coordinate with the State agencies in
organizing the execution of coercive decisions at the latters request.
4. The coerced individuals and organizations
shall bear all costs of organizing the implementation of the coercive measures.
Chapter IV
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Article 21.- Complaint,
denunciation and settlement of complaints and denunciations
The complaint and denunciation as well as the
settlement of complaints and denunciations about decisions on sanctioning
administrative violations in the field of price shall comply with the
provisions of the Law on Complaints and Denunciations.
Pending the settlement of their complaints and
denunciations, individuals and organizations subject to administrative
sanctions in the field of price shall have to strictly abide by sanctioning
decisions of the competent agencies. The complaint about a decision on
sanctioning administrative violation shall not halt the execution of such
decision.
Article 22.- Handling
of violations
If persons competent to sanction administrative
violations in the field of price commit acts for personal interests or lack
responsibility, cover, ignore the handling of, or handle the violations not in
time, not correspondingly to their seriousness or not according to their
competence as prescribed, they 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 shall have to pay the
compensation therefor according to law provisions.
If persons subject to administrative sanctions
in the field of price commit acts of obstructing, opposing officials on
inspection duty or deliberately delaying, evading the execution of sanctioning
decisions, they shall, depending on the nature and seriousness of their
violations, be administratively handled or examined for penal liability
according to law provisions.
Chapter V
IMPLEMENTATION PROVISIONS
Article 23.- This
Decree takes effect 15 days after its signing; to annul Articles 2, 3, 7, 8, 9
and 10 as well as the provisions on handling competence of the pricing
inspectors in Article 5 of the August 4, 1986 Decree No.91/HDBT of the Council
of Ministers (now the Government), providing for the price application as well
as the inspection, examination and handling of violations of the States
regulations on price. To annul the provisions on handling competence in
economic aspect, of the Director of the State Pricing Committee, the ministers,
the presidents of the Peoples Committees at all levels, and the heads of the
production and/or business units, in Clauses 1 and 2, Article 1 of the June 10,
1987 Decree No.88/HDBT of the Council of Ministers (now the Government)
amending Article 4 of the August 4, 1986 Decree No.91/HDBT of the Council of
Ministers.
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Article 25.- The
ministers, the heads of the ministerial-level agencies, the heads of the
agencies attached to the Government and the presidents of the People’s
Committees of the provinces and centrally-run cities shall have to implement
this Decree.
ON BEHALF OF THE GOVERNMENT
PRIME MINISTER
Phan Van Khai