THE
GOVERNMENT
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|
THE
SOCIALIST REPUBLIC OF VIETNAM
Independence– Freedom – Happiness
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|
No.:
84/2011/ND-CP
|
Hanoi,
September 20, 2011
|
DECREE
PROMULGATING SANCTIONS AGAINST ADMINISTRATIVE VIOLATIONS OF
PRICING
THE GOVERNMENT
Pursuant to the December 25,
2001 Law on Organization of the Government;
Pursuant to the Law No.
56/2010/QH12 on Inspection which have been passed by the XIIth National
Assembly at its 8th session on November 15, 2011;
Pursuant to the April 24,
2002 Ordinance on Prices;
Pursuant to the July 02, 2002
Ordinance on Handling of Administrative Violation; the April 02, 2008 Ordinance
Amending and Supplementing a Number of Articles of the Ordinance on Handling of
Administrative Violations.
At the proposal of the Minister
of Finance,
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Chapter I
GENERAL PROVISIONS
Article 1.
Regulation scope
1. This Decree prescribes acts
of administrative violations of pricing, forms and rates of sanctions,
competence and procedures for sanctioning against administrative violations of
pricing (including administrative violations of price and valuation).
Regarding other administrative
violations of pricing not specified in this Decree, the provisions of other
Government’s Decrees on sanctioning against administrative violations in the
related areas of state management shall apply.
Article 2.
Subjects of application
1. Individuals and organizations
deliberately or unintentionally committing violations of any law provisions on
state management of pricing but the violation is not liable to criminal
prosecution, shall be sanctioned against administrative violations in the field
price.
2. In case the international
agreements which Vietnam has signed or acceded provide for handling of
administrative violations of pricing regarding foreign organizations and
individuals engaging in lawful business, production and supply of goods and
services under the law provisions in Vietnam differently than that specified in
this Decree, the provisions of the international agreements shall apply.
Article 3.
Principles for sanctioning against administrative violations
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2. All acts of administrative
violations of pricing must be promptly detected and suspended. The sanctions
against administrative violations of pricing must be carried out swiftly and
lawfully; all consequences caused by administrative violations of pricing must
be remedied in accordance with law provisions.
3. An act of administrative
violation of pricing shall be sanctioned only once. Organizations and
individuals committing multiple administrative violations of pricing shall be
sanctioned for every single act of violation. If many organizations and
individuals jointly commit an act of administrative violation of pricing, each
organization or individual shall be sanctioned.
4. The sanctions against
administrative violations must be based on the nature and seriousness of the
violations, and the mitigating as well as aggravating circumstances in order to
decide appropriate forms and rates of sanction.
Article 4.
Mitigating and aggravating circumstances of administrative violations
1. Mitigating circumstances
a) The violators have promptly
prevented or reduced harms caused by the violations or the violators
voluntarily remedy the consequences of and compensate for damage caused by
their violations;
b) The violators have
voluntarily reported their violations;
2. Aggravating circumstances
a) Committing violations
systematically;
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c) Misusing one’s positions and
powers to commit violations;
d) Taking advantage of war,
natural disasters or other special social difficulties to commit violations;
dd) Committing violations while
serving criminal sentences or decisions on handling administrative violations;
e) Continuing to commit
administrative violations though having previously been requested by the
competent persons to terminate such acts;
g) Failing to comply with the
decision on sanctioning against administrative violations issued by the state
management agency and the competent persons after committing the violation;
hiding or concealing administrative violations.
Article 5.
The statute of limitations for sanctioning against administrative violations
1. Statute of limitations for
sanctioning against an administrative violation of pricing is two (02) years as
from the date such administrative violations are committed.
2. Individuals who were
prosecuted or given decisions to be brought to trial under criminal procedures,
but later given decisions to suspend investigation or suspend the cases in
which the acts of violation denote administrative violations of pricing, shall
be administratively sanctioned; within three days as from the date of issuing
the decisions to suspend the investigation, suspend the cases, the decision
issuers must deliver the decisions to the persons competent for sanctioning;
regarding this case, the statute of limitations for sanctioning against
administrative violations shall be three (03) months as from the date the
persons competent for sanctioning receive the suspension decisions and the
dossiers of the violations.
3. Within the time limits
prescribed in Clauses 1 and 2 of this Article, if the individuals or
organizations continue to commit new administrative violations of pricing or
deliberately evade or obstruct the sanctioning, the statute of limitations
prescribed in Clauses 1 and 2 of this Article shall not apply; the statute of
limitations for sanctioning against administrative violations shall be
re-calculated as from the moment the new administrative violations are
committed or the moment the acts of evading and/or obstructing the sanctioning
terminate.
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Statute of limitations for
execution of decisions on sanctioning against administrative violations of
pricing is one (01) years as from the date the sanctioning decision is issued;
if such decision were not executed upon termination of this period of time, the
sanction decision shall not be executed, but the remedial measures specified in
the decision still apply.
When organizations and
individuals who are subject to sanctions, deliberately evade or defer the
execution of sanctioning decisions, the above mentioned statute of limitations
shall be re-calculated as from the moment the acts of evading or deferring are
stopped.
Article 7.
Time limit for being considered not ever been administratively sanctioned
Organizations and individuals
being sanctioned against administrative violations, shall be considered not
ever been administratively sanctioned if over one (01) years as from the date
the sanctioning decision is completely served or the expiry date of the statute
of limitations for executing the of sanctioning decisions, they do not commit
any violations again.
Article 8.
Forms of sanctions and measures to remedy consequences of administrative
violations
For each act of administrative
violation of pricing, the individuals or organizations committing violations
must be subject to one of the following principal forms of sanction:
a) Cautions;
b) Fines.
2. Depending on the nature and
seriousness of violations, individuals and/or organizations that commit
administrative violations may also be subject to the application of one or more
of the following additional forms of sanction:
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b) Depriving up to twelve (12)
months or indefinitely the right to use certificates of eligibility for
trading, supplying goods and services, valuation services; business licenses of
all kinds of organizations and individuals manufacturing, trading, supplying
goods and services as prescribed by law;
c) Depriving the right to
anounce the eligibility for valuation in the succeeding year;
d) Depriving up to twelve (12)
months or indefinitely the right to use the valuation practice card;
dd) Withdrawing the announcement
on enterprise qualified for valuation issued by the Ministry of Finance in for
the year of being sanctioned;
e) Withdrawing the valuation
practice card being rented, lended for the establishment and eligibility of the
valuation enterprise as prescribed by law.
3. In addition to the main
and additional sanctions mentioned above, organizations and individuals
committing administrative violations may also be subject to the compulsory
implementation of one or a number of the following remedial measures:
a) The entire amount obtained
from the unreasonable increase of price by organizations and individuals
manufacturing, trading, supplying goods and services in comparison to the
normal selling price, due to the reason that those organizations and
individuals have calculated price constituents inconsistently with the policy
and regime, the economic - technical norms and the Pricing Regulation issued by
the competent authorities, shall be confiscated and remitted to the state
budget;
b) The entire amount of
subsidies for prices stabilization, subsidies, subsidies for transport of goods
obtained from fictitious payment records; the entire amount of subsidies,
subsidies for transport of goods, subsidies for supporting the implementation
of price policies which were used for improper purposes shall be withdrawn and
remitted to the state budget;
c) Being compelled to comply
with the law provisions on pricing;
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e) Being compelled to incur all
expenses on refunding the difference obtained from improper pricing on the organizations
and individuals that have suffered from such pricing;
e) Being compelled to correct
false, untrue information.
4. Forms of main sanctions,
additional sanctions and remedial measures applicable to acts of administrative
violation of pricing are prescribed in Chapter II of this Decree. The
forms of additional sanction and remedial measures shall only be applied
together with the main sanctions. In the case that the statute of
limitations for sanctioning against administrative violations has expired, the
main sanctions shall not be imposed, but remedial measures prescribed in Clause
3 of this Article still be applied.
5. When imposing a fine,
the fine rates for a single act of administrative violation of pricing is the
particular fine or the average of the fine bracket corresponding to the act as
defined in this Decree. If the violation involves mitigating
circumstances, the fine should be lower than the average of the fine bracket
but not less than the minimum level of the fine bracket; if the violation
involves aggravating circumstances, the fine may be higher the average of the
fine bracket, but not exceeding the maximum level of the fine bracket.
Chapter 2.
ACTS OF ADMINISTRATIVE
VIOLATION, FORMS AND RATES OF SANCTIONS
Section
1. ADMINISTRATIVE VIOLATIONS OF PRICING
Article
9. Sanctions imposed on violations of regulations on price stabilization
1. A fine of VND 10,000,000
for failing to report or reporting inconsistent with regulations at the request
of state competent agencies.
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3. A fine of VND 30,000,000
for acts of violating regulations on setting up and use of the price
stabilization fund.
4. Remedial measures:
a) Being compelled to implement
price stabilization measures provided by the competent agency, as prescribed in
Clause 2 of this Article;
b) The entire amounts which have
been used inconsistently with the Price Stabilization Fund as prescribed in
Clause 3 of this Article shall be withdrawn and remitted to the state budget;
c) Being compelled to comply
with the provisions of current law on setting up and use of the price
stabilization fund and of amounts for the implementation of price stabilization
and price policies as stipulated in Clause 3 of this Article;
d) Being compelled to pay to the
Price Stabilization Fund the entire amount that obtained from failure to set up
the price stabilization fund in accordance with regulations;
e) Being compelled to incur all
expenses of reimbursement due to acts of violation of organizations and
individuals.
5. The acts of violating
regulations on price stabilization regarding price registration and declaration
shall be sanctioned under the provisions of Article 15 of this Decree.
Article
10. Sanctions against violations of the policies on subsidies and freight
subsidies
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2. Remedial measures:
a) The entire amount obtained
from perjuring, making up payment records of subsidies, subsidies for transport
of goods, subsidies for implementation of the price and freight subsidy
policies shall be returned and remitted to the state budget;
b) The entire amount obtained
from improper use of and applying to wrong objectives the subsidies, subsidies
for transport of goods and subsidies for implementation of the price and
freight subsidy policies shall be returned and remitted to state budget
Article
11. Sanctions imposed on failure to comply with negotiated price
1. A fine of VND 15,000,000
for failing to comply with provisional price in price negotiation or with the
negotiated price promulgated by competent agencies while buying and selling
goods and providing services.
2. Remedial measures:
The amount obtained from price
difference due to failure to comply with price negotiated prices shall be
confiscated and remitted to the state budget.
Article
12. Sanctions imposed on failure to comply with price decided by the
competent agency
1. A fine of VND 20,000,000
for failing to comply with price decided by People's Committees of provinces
and central-affiliated cities while buying and selling goods or providing
services.
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3. A fine of VND 30,000,000
for failing to comply with price level, price brackets, standard prices, price
limits decided by the Government, the Prime Minister while buying and selling
goods or providing services.
4. Forms of additional
sanction:
A decision to suspend the
application of prices of goods and services by organizations and individuals
buying and selling goods or providing services inconsistent with price
brackets, standard prices, price limits decided by the competent agencies.
5. Remedial measures:
a) The entire amount obtained
from price difference due to failure to comply with the prices set by the
competent agencies, as prescribed in Clause 1, Clause 2, Clause 3 of this
Article shall be confiscated and remitted to the state budget;
b) Being compelled to compensate
for the entire amount lost due to selling at prices higher than regulated; if
it is difficult or unable to identify object of the compensation, the amount
shall be remitted to the state budget;
c) Being entitled to bear all
expenses of refunding the amount obtained from price difference to organizations
and individuals to which the unreasonable price had been applied.
Article
13. Sanctions imposed on violations of regulations on calculation of goods
and services price
1. A fine of VND 15,000,000
for calculating price of goods and services of which the prices are subject to
be determined, stabilized by the State as prescribed by law inconsistently with
guidance on the Pricing Regulations issued by the competent agencies.
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Being compelled to calculate
price again in accordance with guidance on the Pricing Regulations issued by
competent agencies.
Article
14. Sanctions against violations of regulations of special conditional
business as prescribed by the Government
1. A fine of VND 15,000,000
for failing to report the purchase price of goods; fraudulent declaration of
export and import prices; failing to report or report imprecisely the amount of
inventory reserved for circulation of export and import traders to the
competent State management agencies.
2. A fine of VND 40,000,000
for selling goods at lower price than the floor price, minimum price or at
higher price than the maximum price publicized or specified by competent
agencies.
3. Forms of additional
sanction:
Depriving up to twelve (12)
months or indefinitely the right to use certificates of eligibility for
trading, supplying goods and services, the business licenses of all kinds of
organizations and individuals producing, trading and supplying goods or
services in accordance with law provisions.
Article
15. Sanctions for violations of registration and declaration of goods and
service prices
1. A fine of VND 7,000,000
for failing to publicize the price which have been registered and declared by
the enterprises.
2. A fine of VND 15,000,000
for acts of the organizations and individuals building price forms and level
for price declaration inconsistently with instructions on the Pricing
Regulations issued by the competent authorities.
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4. A fine of VND 25,000,000
for failing to declare in compliance with law provisions the prices of goods
and services with the competent State management authorities under the
regulations.
5. A fine of VND 30,000,000
for failing to register according to law provisions the prices of goods and
services with the competent State management authorities as prescribed.
6. Forms of additional
sanction:
a) Depriving up to twelve (12)
months the right to use the granted certificates of eligibility for business
and all type of business licenses; or depriving indefinitely the right to use
the granted certificates of eligibility for business and all type of business
licenses, in the case of repeated violations of provisions prescribed in this
Article;
b) Suspending the application of
goods and services selling price specified by organizations and individuals
when registering and declaring unreasonable price inconsistently with the
instructions on the Pricing Regulations issued by the competent agencies.
7. Remedial measures:
a) The entire amount obtained
from price difference due to administrative violations prescribed in Clause 2,
Clause 3 of this Article due to failure to comply with the Pricing Regulations
issued by the competent agencies while declaring and registering price, shall
be confiscated and remitted to the state budget;
b) Organizations and individuals
are compelled to re-register and re-declare prices in accordance with
regulations when they commit violations as specified in Clause 2, Clause 3 of
this Article;
c) Organizations and individuals
are compelled to perform the price registration, price declaration in
accordance with regulations when they commit violations as specified in Clauses
4 and 5 of this Article.
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1. Caution or a fine of
between VND 500,000 and VND 2,000,000 for one of the following acts:
a) Failing to post prices of
goods and services at supermarkets, shopping centers, shops, kiosks, goods sale
and purchase and services supply transactions point;
b) Failing to post prices in
accordance with regulations, or post unclear price which confuse customers.
2. A fine of between VND
2,000,000 and VND 5,000,000 for selling goods and charging for services at the
price higher than the posted prices.
3. A fine of between VND
5,000,000 and VND 10,000,000 for violating provisions prescribed in Clauses 1
and 2 of this Article in the following cases:
a) Goods and services on the
list of price stabilization prescribed by law;
b) Goods and services on the
list of trading restrictions or conditional business;
c) Goods and services in venues
where the price posting is required.
4. Remedial measures:
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b) Being compelled to return to
the customer the part of collected money in excess of the posted price
regarding violations prescribed in Clause 2, Clause 3 of this Article; when
customers are unable to identify, the amount shall be confiscated and remitted
to the State budget.
Article
17. Sanctions against act of excessively increasing price
1. A fine of between VND
500,000 and 1,000,000 when the total value of goods and services sold at
excessive price is up to VND 5,000,000, for the following acts:
a) Increase the price of goods
and services to higher than the one declared or registered with the state
management authorities in accordance with law;
b) Increase the price which have
been registered or declared with the state management authority, but the state
management authorized issued a written request asking for the explanation of
the registered or declared price or a written request asking for suspension of
the new price application and execution of price re-registration and
re-declaration.
2. A fine of between VND
1,000,000 and 3,000,000 for acts of violation defined in Clause 1 of this
Article if the total value of goods or services is from over VND 5,000,000 to
10,000,000.
3. A fine of between VND
3,000,000 and 5,000,000 for acts of violation prescribed in Clause 1 of this
Article if the total value of goods or services is from over VND 10,000,000 to
20,000,000.
4. A fine of between VND
5,000,000 and 7,000,000 for acts of violation prescribed in Clause 1 of this
Article if the total value of goods or services is from over VND 20,000,000 to
50,000,000.
5. A fine of between VND
7,000,000 and 10,000,000 for acts of violation prescribed in Clause 1 of this
Article if the total value of goods or services is from over VND 50,000,000 to
80,000,000.
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7. A fine of between VND
15,000,000 and 20,000,000 for acts of violation prescribed in Clause 1 of this
Article if the total value of goods or services is over VND 100,000,000.
8. Forms of additional
sanction:
Depriving up to twelve (12)
months the right to use the granted certificates of eligibility for business
and all type of business licenses; or depriving indefinitely the right to use
the granted certificates of eligibility for business and all type of business
licenses in the case of repeated violations of provisions prescribed in this
Article as prescribed by law.
9. Remedial measures:
The profits obtained due to the administrative
violations of provisions of this Article shall be confiscated and remitted to
the state budget.
Article
18. Sanctions imposed for publishing false information about markets,
prices of goods and services
1. Caution or a fine of
between VND 500,000 and 1,000,000 shall be imposed on persons who commit acts
of fabricating, spreading and/or publishing untruthful information about the
market situation, prices of goods and services, which induce confusion in
society and market instability.
2. A fine of between VND
1,000,000 VND to 5,000,000 shall be imposed on business household that commit
acts of fabricating or spreading and/or publishing untruthful information about
the market situation, prices of goods and services, which induce confusion in
society and market instability.
3. A fine of between VND
5,000,000 and 10,000,000 shall be imposed on enterprises that commit acts of
fabricating or spreading and/or publishing untruthful information about the
market situation, prices of goods and services, which induce confusion in
society and market instability.
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5. Forms of additional sanction:
Depriving up to twelve (12)
months the right to use granted certificates of eligibility for business and
all type of business licenses; or depriving indefinitely the right to use
granted certificates of eligibility for business and all type of business
licenses regarding case of repeated violations of provisions prescribed in
Clause 2 and Clause 3 of this Article as prescribed by law.
6. Remedial measures:
a) Being compelled to correct
information regarding violations prescribed in Clause 2, Clause 3, and Clause 4
of this Article;
b) Being compelled to destruct
or recall for disposal publications with false information regarding violations
prescribed in Clause 4 of this Article.
Section
2. ADMINISTRATIVE VIOLATIONS OF VALUATION
Article
19. Sanctions against administrative violations of valuation of valuation
enterprises
1. A fine of VND 5,000,000
for failing to notify in writing the Ministry of Finance within ten (10)
working days about the change in the name, address of head office, branches,
list of active valuers and valuers committing violations of the law on price
and valuation.
2. A fine of VND 10,000,000
for failing to make periodic reports on supply of valuation service as
prescribed by law.
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4. A fine of VND 20,000,000
for conducting valuation without entering into a contract to provide valuation
services to customers in accordance with the law.
5. A fine of VND 20,000,000
for failing to provide clients with reports on valuation results, certificates
of valuation as prescribed by law.
6. A fine of VND 25,000,000
for failing to provide reports on valuation results, certificates of valuation
at the request of the competent state authorities.
7. A fine of VND 25,000,000
for falsifying dossiers of valuated property or misleading information relating
to valuated property, which resulting 10% higher or lower than the final
valuation results conducted by competent State management authorities regarding
property being real estate, equipment, transport means, and 15% regarding
property being materials and good.
8. A fine of VND 30,000,000
for acts of renting, lending valuer’s card for the purpose of registering a
valuation enterprise or qualifying an enterprise to conduct valuation as
prescribed by law.
9. A fine of VND 30,000,000
for failing to set up occupational risk reserve fund as prescribed by law.
10. Forms of additional
sanction:
a) Withdrawal of announcement of
qualified enterprise for valuation stated by the Ministry of Finance for the
year of being sanctioned;
b) Fail to be announced as
qualified enterprise for valuation for the following year.
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a) Being compelled to compensate
to customers the difference amount obtained due to administrative violations
regarding violations prescribed in Clause 7 of this Article;
b) Being compelled to set up the
occupational risk reserve fund as specified in Clause 9 of this Article.
Article
20. Sanctions against administrative violations of valuation regarding
valuer
1. A fine of VND 10,000,000
for failing to comply with valuation process; failure to comply with valuation
methods under the guidance set in the Vietnam Valuation Standards or the International
Valuation Standards recognized by Ministry of Finance; disclosing information
about customers and assets of valuation that valuers know due to occupational
practice, unless agreed by the customer or permitted by law.
2. A fine of VND 15,000,000
for renting or lending the Valuer’s card to organizations and individuals in
order for those organizations and individuals to establish valuation
enterprise; registering for two or more valuation enterprises in the same
period of time; receiving from organizations and individuals in needs of
valuation any amount of money or other benefits other than the service price
agreed upon in the contract; practicing valuation for two or more valuation
enterprise in the same period of time.
3. A fine of VND 30,000,000
for acts of collusion with property owners, customers, concerned persons while
conducting valuation for the purpose of falsifying the results of valuation in
comparison to the final results of price re-appraisal of state management
authorities; renting or lending Valuer’s card to valuation enterprises in order
for those valuation enterprises to be announced by state management authorities
eligible for conducting valuation.
4. Forms of additional
sanction:
a) Depriving up to twelve (12)
months or indefinitely the right to use price valuers’ card;
b) Withdrawing the valuers’ card
which having been rent or lent for the purpose of establishing valuation
enterprise;
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d) Being not entitled to
register for conducting valuation for the following year.
5. Remedial measures:
a) The entire amount obtained
due to colluding with the client, the amount of illicit profits obtained from
administrative violations shall be confiscated and remitted to the state
budget;
b) Being compelled to compensate
to the customer the full amount lost due to administrative violations.
Article
21. Sanctions against administrative violations regarding organizations
and individuals spending state budget on purchasing properties which are
subject to valuation in accordance with the law
1. A fine of VND 15,000,000
for using of valuation results inconsistently with the valuation purpose
specified in the contract, which cause damage to the State.
2. A fine of VND 20,000,000
shall be imposed on organizations and individuals using state budget that fail
to perform valuation for assets which are subject to valuation under law.
3. A fine of VND 30,000,000
shall be imposed on organizations and individuals committing acts of colluding
with valuation enterprises, valuers for the purpose of raising or decreasing
prices, which cause damage to the State.
4. Remedial measures:
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b) The valuation results
obtained from appraising inconsistently with the valuation purposes stated in
the contract, which cause damage to the State, shall be cancelled;
c) Being compelled to perform
valuation for assets which are subject to valuation under law;
d) The wrong results of
valuation due to collusion with valuation enterprises, which cause damage to
the State, shall be cancelled.
Article
22. Sanctions against administrative violations on valuation regarding
organizations functioning valuation professional training and refreshing
1. A fine of VDN 30,000,000
shall be imposed on organizations engaging in training and refreshing, granting
training and refreshing certification of valuation profession inconsistently
with regulations provided by the Ministry of Finance or without written
agreement from the Ministry of Finance.
2. Forms of additional
sanction:
Depriving up to twelve (12)
months or in definitely the right to organize valuation professional training
and refreshing.
3. Remedial measures:
The entire profits obtained due
to administrative violations shall be confiscated and remitted to the state
budget.
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AUTHORITY, PROCEDURES
FOR IMPOSING SANCTIONS ON ADMINISTRATIVE VIOLATIONS OF PRICING
Article
23. Principles for determining competence and authorization to impose
sanctions
1. Principles for
determining competence to impose sanctions on administrative violations shall
comply with the provisions of Clause 17, Article 1 of the 2008 Ordinance
amending and supplementing a number of articles of the Ordinance on Handling of
Administrative Violations and of Clause 1, Article 3 of this Decree.
2. The authorization to
impose sanctions on administrative violations shall comply with the provisions
of Clause 16, Article 1 of the 2008 Ordinance amending and supplementing some
articles of the Ordinance on Handling of Administrative Violations.
Article
24. Competence of persons are assigned to perform prices inspection and of
the Chief Inspectorate of the Ministry of Finance to impose sanctions on
administrative violations
1. The chairperson of the
price inspectorate panel (whose title is at department level), Chief
Inspectorate of the Ministry of Finance shall have competence to:
a) Impose fines to the maximum
level on violations of pricing in accordance with provisions of this Decree and
the provisions of other relevant laws;
b) Impose forms of additional
sanction and remedial measures prescribed in this Decree.
2. Persons who are assigned
to perform price inspection; financial inspectors shall have competence to:
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b) Impose fines of up to VND
500,000.
Article
25. Competence of the Inspectorate of Department of Finance, persons who
are assigned to perform price inspection under the Department of Finance to
impose sanctions on administrative violations
1. Inspectorate of
Department of Finance shall have competence to:
a) Impose fines of up to VND
30,000,000 on the violations of price regulated in this Decree;
b) Impose forms of additional
sanctions and remedial measures specified in this Decree in accordance with
current law.
2. Persons who are assigned
to perform price inspection; financial inspectors shall have competence to:
a) Impose Cautions;
b) Impose fines of up to VND
500,000.
Article
26. Competence of the competent person of the market management agency to
impose sanctions on administrative violations
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Article
27. Competence of other inspectors to impose sanctions on administrative
violations
Within the scope of State
management authority provided for by the Government, inspectors and chief
inspectorate of other inspection body have competence to impose sanctions on
administrative violations of pricing at their respective areas of state
management.
Article
28. Competence of the President of provincial People's Committee to impose
sanctions on administrative violations
President of provincial People's
Committee, within their competence specified in the Ordinance on Handling of
Administrative Violations, have competence to impose sanctions on
administrative violations of pricing as prescribed in this Decree.
Article
29. Competence of the President of the People's Committees of districts
and communes to impose sanctions on administrative violations
President of People's Committees
of districts and communes, within their scope of competence defined in the
Ordinance on Handling of Administrative Violations, have competence to impose
sanctions on administrative violations of price prescribed in Article 16 of
this Decree at the respective area of districts and communes level
administrative management.
Article
30. Responsibilities of agencies and persons competent to impose sanctions
on administrative violations of pricing
The agencies and persons
competent to impose sanctions against administrative violations of pricing are
responsible for supervising and inspecting the execution of sanctioning
decisions on administrative violations issued by them.
Article
31. Procedures for Sanctioning and collecting fines
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2. The fines collected must
be remitted into the State budget through accounts opened at the State
Treasury. The fines and fine receipts management regime shall comply with
current regulations.
3. Organizations and
individuals whose subsidies, subsidies for transport of goods, subsidies for
implementation of pricing policies are withdrawn, whose money obtained from
price difference is confiscated; who are compelled to compensate for money lost
due to administrative violations; who are entitled to bear all expenses for
refunding money obtained from price difference shall have to make payment at
venue as specified in the sanctioning decisions, in order for the bodies in
charge of sanctions to consider either to refund to the damaged party or remit
to the state budget .
4. The sanctioning
decisions on administrative violations of pricing shall be publicized on the
website of the Ministry of Finance and the Website of the agency issuing the
sanctioning decision.
Article
32. Responsible for the publication of information regarding sanctions
1. The agencies and persons
competent to impose sanctions against administrative violations of pricing
shall provide the mass media agencies with adequate and in timely manner the
sanctioning decisions on administrative violations of pricing for publishing as
prescribed.
2. The mass media agencies
are liable to publish in timely, accurate and honest manner about the
sanctioning decision on administrative violations of pricing at the request of
the agencies and persons competent to impose sanction against administrative violations
in field of prices.
Article
33. Execution and enforcement of sanctioning decisions
Execution and enforcement of
sanctioning decisions on administrative violations shall comply with the
provisions of Clause 26, Clause 27, Article 1 of the 2008 Ordinance amending
and supplementing a number of articles of the Ordinance on handling
administrative violations.
Article
34. Transferring dossiers of administrative violations of pricing for
criminal prosecution
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The retaining of violations with
criminal signs for administrative sanctions shall be strictly prohibited.
Chapter 4.
CLAIMS, DENUNCIATIONS,
HANDLING OF VIOLATIONS
Article
35. Claims, denunciations and handling of claims and denunciations
The claims and denunciations and
handling of claims and denunciations regarding sanctioning decisions on administrative
violations of pricing shall be in accordance with the law on claims and
denunciations.
Article
36. Handling of violations
Persons competent to impose
sanctions against administrative violations in the field price, who is
self-seeking or irresponsible, cover up, fail to impose sanctions or fail to
impose sanctions promptly, properly, impose sanctions ultra vires, depending on
the nature and seriousness of their violations, shall be disciplined or
criminally prosecuted; and shall be liable for compensation according to law if
they cause any damage to the State, organizations and individuals.
Persons, who are sanctioned for
administrative violations of pricing, if commit acts of obstructing or opposing
duty-performing officials who are responsible for examination; or deliberately
delaying or shirking the execution of sanctioning decisions on administrative
violations, depending on the nature and seriousness of their violations, shall
be handled for administrative violations, or criminally prosecuted under the
provisions of current law.
Chapter 5.
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Article
37. Effect
1. This Decree takes effect
as from November 15, 2011.
2. To annul the
Government’s Decree No. 169/2004/ND-CP of September 22, 2004 on sanctions
against administrative violations of pricing, to annul Articles 6, 7, 8 and 9
of the Government’s Decree No. 107/2008/ND-CP September 22, 2008 on
administrative sanctions regarding speculation and hoarding goods, extravagant
price raising, false information spreading, smuggling and trade fraud.
Article
38. Responsibility for the implementation of Decree
1. The Minister of Finance
shall instruct the implementation of this Decree.
2. The ministers, heads of
ministerial-level agencies, heads of Governmental agencies, President's Committee
of provinces and central-affiliated cities and other concerned agencies,
organizations and individuals are liable for implementation of this Decree.
FOR
THE GOVERMENT
PRIME MINISTER
Nguyen Tan Dung
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