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THE
GOVERNMENT
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SOCIALIST
REPUBLIC OF VIETNAM
Independence – Freedom – Happiness
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No.
: 84/2006/ND-CP
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Hanoi, August 18, 2006
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THE GOVERNMENT
Pursuant to the December 25,
2001 Law on Organization of the Government;
Pursuant to the Law on Thrift
Practice and Anti-Waste dated November 29,
2005;
Pursuant to the Civil Code
dated June 14, 2005;
Pursuant to the Ordinance on
Officials, Public Employees dated February 26, 1998, the Ordinance amending,
supplementing a number of Articles of the Ordinance on Officials, Public
Employees dated April 28, 2000 and Ordinance amending, supplementing a number
of Articles of the Ordinance on Officials, Public Employees dated April 29,
2003;
Pursuant to the Ordinance on
Handling of Administrative Violations dated July 02, 2002;
At the proposal of the
Minister of Finance,
DECREES:
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GENERAL PROVISIONS
Article 1.
Scope of governing
This Decree provides for the
compensation of damages, discipline for officials and civil servant, public
employees; administrative sanction, compensation of damages for agencies,
organizations and individuals that commit acts of violation of the law on
thrift practice and anti-waste.
Article 2.
Subjects of application
1. Agencies, organizations and
individuals that commit acts of violation of the law regulations on thrift
practice and anti-waste.
2. People who are competent and
responsible for handling the compensation of damages, discipline, and handling
of administrative violations in thrift practice and anti-waste.
Article 3.
Application of regulations on compensation of damages, discipline, and handling
of administrative violations
1. Officials and civil servants,
public employees violate the law on thrift practice and anti-waste on duties
causing waste must pay compensation and be disciplined under the provisions in
Chapter II of this Decree.
Laborers working under labor
contracts in the state agencies or organizations violating law on thrift
practice and anti-waste on duties must pay compensation and be disciplined
under provisions in the labor contracts.
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Article 4.
Responsibilities of the people who are competent to handle violations of the
law on thrift practice and anti-waste
People, who are competent to
handle the compensation, discipline, sanction administrative violations, but
delay or not to conduct the procedures relating to compensation, discipline,
sanction administrative violations shall be disciplined in accordance with the
provisions of Ordinance on Officials and Public Employees.
Article 5.
Collection, management, and use of fines for administrative violations,
compensation for damage
1. The management and use of
fines for administrative violations shall comply with Decree No.124/2005/ND-CP
of October 06, 2005 of the Government on receipts and management, use of fines
for administrative violations.
2. Compensation must be
collected properly, fully and be used to spend for determining the amount of
damages, the remainder is returned to the agencies, organizations damaged, or
the state budget.
Chapter2:
COMPENSATION, DISCIPLINE
FOR OFFICIALS, CIVIL SERVANTS, PUBLIC EMPLOYEES
Item 1:
COMPENSATION FOR OFFICIALS, CIVIL SERVANTS, PUBLIC EMPLOYEES
Article 6.
Principles of compensation
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2. The amount of compensation is
determined on the basis of actual damage caused by acts of waste.
3. The consideration of
compensation must be made fairly, openly, objectively and accurately.
4. Compensation is made in the
Vietnam currency (Vietnam dong).
Article 7.
Determination of the amount of compensation
1. For the areas that had norms,
standards, and regimes or approved estimates, the amount of compensation is
determined based on the difference calculated into money between the norms,
standards, or regimes or estimates approved with the actual implementation and
remedial costs.
2. For other cases, the amount
of compensation is determined by the actual costs caused by the acts of waste
and remedial costs.
Article 8.
Determination of liability of compensation
1. Where acts of waste conducted
by one person, that person must be responsible for paying compensation for all
damages.
2. Where acts of waste conducted
by two or more people, those persons must be jointly responsible for paying
compensation. Compensation liability is determined corresponding to the level
of responsibility and violation of each person; where unable to determine the
level of responsibility and violation of person, the liability of compensation
is divided equally for each person.
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1. The heads and deputy heads of
agencies and organizations where occur waste are competent to make decision on
compensation.
2. Where the subjects prescribed
in clause 1 of this Article commit violation of the law on thrift practice and
anti-waste, the heads and deputy heads of the direct superior agencies are
competent to make decision on compensation.
Article 10.
Establishment of Council of compensation
1. Within 30 days after the
detection of acts of waste, if necessary, the person who is competent to make
decision may establish the Council of compensation (hereinafter called as the
Council) for reviewing and settling the compensation.
2. The Council consists of:
a) A person who is competent to make
decision of compensation provided for in Article 9 of this Decree as Chairman
of the Council;
b) A leaders’ representative of
trade union at the same level as member;
c) A person who is in charge of
finance and accounting as member;
d) A person who is in charge of
the direct unit of person who must pay compensation as member (if any);
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3. Not to arrange persons who
violate law on thrift practice and anti-waste are being considered, handled the
compensation in the composition of the Council to consider for such violation.
4. Council dissolves by its own
after completion of its task.
5. The cost for determining the
amount of compensation is calculated on remedial costs as specified in Article
7 of this Decree.
Article 11.
Responsibilities of the Council
1. No later than 10 days from
the date that the Council is established, Chairman of the Council must hold a
meeting to consider the compensation caused by acts of waste.
2. Council shall consider and
make recommendations on:
a) Violations;
b) Assessment of actual damage
level caused by the violation;
c) Identification of liability
of each individual;
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3. Within 30 days from the date
of establishment, the Council must make written recommendation to the person
who is competent to decide on compensation for each individual causing waste.
In case of complexity, no later than 90 days from the date of establishment,
the council must send written recommendation to the person who is competent to
decide.
4. In case after the decision on
the amount of compensation was made but detecting new facts changing the error,
the degree of violation and the amount of compensation which has been concluded
previously, the competent person shall be responsible for considering and re-deciding the amount of compensation.
Article 12.
Making decision on compensation
1. In case of establishment of
the Council, within 10 days from the date of receiving the written
recommendation of the Council, the competent person as defined in Article 9 of
this Decree must make decision on compensation.
2. Where Council is not
established, within 30 days from the date of detecting violation causing waste,
the competent person as defined in Article 9 of this Decree must make decision
on compensation.
Article 13.
Implementation of compensation
Persons who are obliged to pay
compensation must pay compensation once within 30 days from the date of the
decision on compensation.
Where amount of compensation is
much, the violator can not pay once, after deducting the right-away paid
amount, the remainder shall be amortized over a period of 12 months from the
date of the decision on compensation.
For those who are disciplined
dismissal, they must complete the obligation to compensate before the leave.
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1. The persons causing wastes
due to unintentional fault can be considered reduction of compensation if the
amount of compensation is too much compared to their short term and long term
economic capability.
2. Persons who are obliged to
pay compensation are delayed to make payment of compensation in the following
cases:
a) Being treated at the
hospitals, women during their maternity leave;
b) Their families are in
particularly difficult situation of economy certified by commune-level People's
Committees where they reside;
c) Being in temporary detention,
temporary detaining pending for the conclusion of the competent authority to
investigate, verify and conclude on the violations of other laws.
3. Period of temporary
suspension of compensation is as follows:
a) A maximum period of not more
than 6 months for cases mentioned at point a, point b, clause 2 of this
Article;
b) A maximum period of equal to
the time limit of temporary detention, temporary detaining for cases specified
at point c, clause 2 of this Article.
Article 15.
Measures to ensure the implementation of compensation
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2. Those who have not completed
compensation that would request for work transfer, resignation or retirement,
the heads of the agencies or organizations where made the decision to
compensate are responsible for requiring such persons to compensate for the
remainder before their work transfer, resignation or retirement. In case, those
who are paying compensation have not got conditions for paying right away the
remainder, the heads of the agencies or organizations where made decision to
compensate damages must coordinate with agencies and organizations where
receive the work or local authorities where they reside to require such persons
to continue the compensation.
3. If the persons who are
obliged to compensate deliberately delaying or shirking the compensation, the heads
of the agencies or organizations are responsible for coordinating with local
authorities where they reside to take guarantee measures of compensation
implementation as prescribed by law.
Item 2:
DISCIPLINE FOR OFFICIALS, PUBLIC SERVANTS, PUBLIC EMPLOYEES
Article 16.
Subjects to be disciplined
1. Officials and public
servants, public employees provided for in points b, c, d, đ, e and h, clause
1, Article 1 of the Ordinance amending and supplementing some Articles of the
Ordinance on Officials and public employees on April 29, 2003 (including the
Chairman of the Management Board, General Director, State-owned companies’
Directors, Chief Accountant, those who represent contributed capital of the
State in enterprises) who are on duty committing acts of violation of the
provisions of the law on thrift practice and anti-waste.
2. Officials and public servants
defined in points a, g, clause 1, Article 1 of the Ordinance amending and
supplementing some Articles of the Ordinance on Officials and public employees
dated April 29, 2003 who are on duty committing acts of violation on thrift
practice and anti-waste.
Article 17.
Bases to determine the disciplinary forms
1. The nature and seriousness of
violations.
2. The level of actual damage
caused by acts of the waste.
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4. The aggravating
circumstances, extenuating circumstances of disciplinary forms.
Article 18.
Forms of discipline and disciplinary handling authority
1. Subjects specified in clause
1 of Article 16 of this Decree shall be disciplined by one of the following
forms:
a) Reprimand;
b) Warning;
c) Salary deduction;
d) Scale deduction;
đ) Demotion;
e) Dismissal.
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3. Competence to discipline and
disciplinary decisions for officials and public employees shall comply with
provisions of Decree No.35/2005/ND-CP dated March 17, 2005 of the Government on
discipline of officials and public employees.
Article 19.
Application of disciplinary forms against officials and public servants, public
employees commit acts of violations of the law provisions on thrift practice
and anti-waste
1. Form of reprimand shall apply
to individual with first-time violations required to pay compensation up to
5,000,000 VND/time of compensation review.
2. Form of warning shall apply
to individual committing violations that has been reprimanded, but commit again
or the subjects violate the first time causing waste required to pay
compensation from more than VND 5,000,000 to 20,000,000/time of compensation
review.
3. Form of wage reduction
applies to the individual commiting violations that has been disciplined
warning but commit again or the subjects violate the first time causing waste
required to pay compensation from more than VND 20,000,000 to 30,000,000/time
of compensation review.
4. Form of scale reduction
applies to individual committing violations that has been disciplined wage
reduction but commit again or the subjects violate the first time causing waste
required to pay compensation from more than VND 30,000,000 VND to less than
50,000,000 VND/time of compensation review.
5. Form of demotion applies to
the individual holding titles committing violations that has been disciplined
scale reduction but continue to commit again.
6. Form of dismissal applies to
individual committing violations that has been disciplined by one of the
disciplinary forms referred to in clause 4 and 5 of this Article, but commit
again, causing serious consequences and deemed no longer eligible to continue
to work or the subjects violate causing waste required to pay compensation from
VND 50 million or more/time of compensation review.
Article 20.
Discipline for the heads of units directly under agencies, organizations
assigned to manage capital, assets
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2. Where the deputy heads of the
units do not directly violate but let waste occur in the units of the works,
the fields to be assigned shall be directly responsible for the occurrence of such
violation as specified for the heads.
3. Application of disciplinary
forms:
a) Application of reprimand form
for the head if there is individual in the unit violating regulations on thrift
practice and anti-waste subject to disciplinary form specified in clause 3 of
Article 19 of this Decree;
b) Application of warning form
for the head if there is individual in the unit violating regulations on thrift
practice and anti-waste subject to disciplinary form specified in clause 4 of
Article 19 of this Decree;
c) Application of form of wage
reduction for the head if there is individual in the unit violating regulations
on thrift practice and anti-waste subject to disciplinary form specified in
clause 5 of Article 19 of Decree this;
d) Application of form of
demotion for the head office if there is individual in the unit violating
regulations on thrift practice and anti-waste subject to disciplinary form
specified in clause 6 of Article 19 of this Decree.
4. Responsibilities of the heads
and deputy heads of units directly under the agencies, organizations are
excluded in case they can not know or have adopted the necessary measures to
prevent and stop acts of waste.
Article 21.
Discipline for the heads of agencies and organizations
1. The heads of agencies, organizations
must take joint responsibility for the occurrence of acts of waste in the field
of work and in the units to be directly in charge of by their deputies.
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3. Disciplinary Council based on
the responsibility of the head and deputy head to review, apply the following
disciplinary forms:
a) Application of reprimand form
for the case in the field of work assigned or in the unit that the head is
directly in charge of having officials violating the law on thrift practice and
anti-waste disciplined by the form defined in point b, clause 3, Article 20 of
this Decree;
b) Application of form of
warning for the case in the field of work assigned or in the unit that the head
is directly in charge of having officials violating the law on thrift practice
and anti-waste disciplined by the form defined in point c, clause 3, Article 20
of this Decree;
c) Application of form of wage
reduction for the case in the field of work assigned or in the unit that the
head is directly in charge of having officials violating the law on thrift
practice and anti-waste disciplined by the form defined in point d, clause 3,
Article 20;
d) Application of form of
demotion for the heads of the agencies or organizations and their deputies who
are assigned directly in charge of work field having officials violating the
law on thrift practice and anti-waste causing serious consequences.
4. Responsibilities of the heads
and deputy heads of the agencies, organizations are excluded in case they
cannot know or have adopted the necessary measures to prevent and stop acts of
waste.
Article 22.
Aggravating and extenuating circumstances of disciplinary form
1. The aggravating circumstances
of form of discipline: officials, public servants, public employees who were
increased disciplinary forms mentioned in Articles 19, 20 and 21 of this Decree
in the following cases:
a) Having act of hiding
violations; evading or hindering the handling of violations;
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2. The extenuating circumstances
of form of discipline: officials, public servants, public employees are
considered reduction of disciplinary form mentioned in Articles 19, 20 and 21
of this Decree in the following cases:
a) Having sincerity, a spirit of
cooperation;
b) Actively implement the
measures to limit damages caused acts of waste.
3. The increase or decrease of
disciplinary form does not change the level of compensation which has been
decided.
Article 23.
Disciplinary Council, processes, and procedures for consideration of discipline
1. Disciplinary Council,
processes, and procedures for consideration of discipline and the regulations
relating to discipline of officials, public employees comply with Decree
No.35/2005/ND-CP dated March 17 in 2005 of the Government on disciplining
officials, public employees.
2. Members of the Council of
compensation can also be members of the disciplinary Council
Chapter3:
SANCTION OF
ADMINISTRATIVE VIOLATIONS AND COMPENSATION FOR AGENCIES, ORGANIZATIONS AND
INDIVIDUALS
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Article 24.
Objects and principles of sanction of administrative violation
1. Agencies, organizations and
individuals having acts intentionally or unintentionally violating any
provisions of law on thrift practice and anti-waste, but not serious enough for
criminal prosecution, shall be sanctioned for administrative violations under
the provisions of this Decree.
2. The sanction of
administrative violation on thrift practice and anti-waste comply with the
principles defined in Article 3 of the Ordinance on Handling of Administrative
Violations and Decree No.134/2003/ND-CP of November 14, 2003 of the Government
detailing the implementation of some Articles of the Ordinance on Handling of
Administrative Violations.
Article 25.
The prescription for sanctioning administrative violations
1. The prescription for
sanctioning administrative violations in thrift practice and anti-waste related
to a certain field, shall comply with provisions of law in such field. For the
case law does not specify the prescription for sanction, it shall be 02 years
from the date the violation is made. If beyond this time limit, it will not be
sanctioned for administrative violation but is still subject to the remedy and
to pay compensation caused by act of waste under the provisions of this Decree.
2. For individuals who have been
sued, prosecuted or got decisions to be brought to trial in criminal
proceedings, but then decided to suspend the investigation or the case to move
to the handling of administrative violations, the prescription for sanction is
three months from the date the person who is competent to sanction receives the
decision to suspend the investigation or suspend the case and records of the
violations.
3. Within the time limit
provided for in clause 1 and clause 2 of this Article, if the agencies,
organizations and individuals continue to commit acts of administrative
violation or deliberately evade or obstruct the sanction, shall not apply the
prescription for sanction provided for in clause 1, clause 2 of this Article,
the prescription for sanctioning administrative violations shall be recounted
from the time of the new administrative violation or the date of termination of
acts of evading or obstructing the sanction.
Article 26.
The forms of sanction for administrative violations in thrift practice and
anti-waste
1. For each administrative
violation, agencies, organizations, and individuals that breach must be borne
one of the following sanction forms:
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b) Fine.
The maximum level of fine for
violations of provisions of law on thrift practice and anti-waste, related to a
certain field, shall comply with provisions of law in such field. the case law
does not specify the prescription for sanction, the maximum level of fine is
100,000,000 VND.
When imposing a form of fine,
specific fine level for a violation is the average level of the fine bracket
prescribed for such violation. Where there are extenuating circumstances, the
fine level is reduced but not less than the minimum level of the fine bracket.
Where there are aggravating circumstances, the fine level may be increased but
not exceeding the maximum level of the fine bracket.
2. In addition to the sanction
form provided for in clause 1 of this Article, the violating agency,
organization, or individual may be subject to a remedy or remedies as follows:
a) Forced to comply with the
provisions of law on the management and use of funds, state property, natural
resources, and land;
b) Forced to comply with the
norms and standards, the regime issued by the competent State agencies.
Article 27.
Compensation for damage
1. Organizations and individuals
violating the law on thrift practice and anti-waste if they cause waste, they
must pay compensation for damages under the provisions of this Decree.
Organizations and individuals
violating the law on thrift practice and anti-waste who have been sanctioned
for administrative violations in accordance with the specialized law
provisions, if they cause waste, they must pay compensation for damages under
the provisions of this Decree, unless specialized law has the provisions
required to compensate for damage caused violations.
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For the case in accordance with
the specialized law provisions that persons who have the competence to sanction
administrative violations are not competent to handle the compensation, within
03 working days persons who have the competence to sanction administrative violations
must transfer the decision to sanction, the case dossier to persons who have
the competence to handle and decide on compensation for handling and deciding
on compensation under the provisions of this Decree.
Item 2:
VIOLATIONS, FORMS AND LEVELS OF SANCTION
Article 28.
Violations of the provisions of the law on thrift practice and anti-waste in
the management and use of fund from state budget causing waste
1. A warning or a fine of
between 100,000 VND and 200,000 VND shall be imposed for the violations of
regulations on management and use of vehicles, work facilities, and equipment,
use of electricity and water causing waste.
2. A fine of between VND
1,000,000 and 2,000,000 shall be imposed for the acts of using vehicles, work
facilities, and equipment, electricity and water exceeding standards, norms and
regime set by the competent authorities causing waste.
3. A fine of between VND
1,000,000 and 3,000,000 shall be imposed for the acts of use of funds for
scientific research and technological development for improper purposes, not in
compliance with content, program approved.
4. A fine of between VND
3,000,000 and 5,000,000 shall be imposed for the acts of use of funds for
scientific research and technological development overlapping with other funding
sources causing waste.
5. In addition to fines,
organizations and individuals violating the provisions of clauses 1, 2, 3 and 4
of this Article shall also be subject to the following remedies:
a) Forced to comply with the provisions
of law on the management and use of state budget funds;
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Article 29.
Violation of the provisions of the law on thrift practice and anti-waste in construction
investment of the projects using State budget, money, property causing of state
causing wastes
1. A fine of between VND
10,000,000 and 20,000,000 shall be imposed for violation of regulations on
management in the compilation and appraisal of investment projects causing
waste.
2. A fine of between VND
10,000,000 and 20,000,000 shall be imposed for violation of regulations on
management in survey, design of work construction causing waste.
3. A fine of between VND
20,000,000 and 30,000,000 shall be imposed for violation of regulations on
management in the selection of contractors, organizations to consult, monitor
the implementation of investment projects causing waste.
4. A fine of between VND
30,000,000 and 50,000,000 shall be imposed for violation of regulations on
management in supply, payment, and settlement of capital for the investment
projects causing waste.
5. A fine of between VND
30,000,000 and 40,000,000 shall be imposed for violation of regulations on
management in the organization of commencement ceremony, the inauguration
ceremony of work construction causing waste.
6. A fine at 0.1% of design
survey value, but not more than 100 million VND for the acts of surveying,
designing work construction not meeting the standard, regulations of
construction issued by the competent state agencies causing waste.
7. In addition to fines,
organizations and individuals violating the provisions of clauses 1, 2, 3, 4, 5
and 6 of this Article shall also be subject to the remedies as follows:
a) Forced to comply with the
provisions of the law on construction investment management;
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Article 30.
Acts of violating the provisions of the law on thrift practice and anti-waste
in the management and use of working offices of agencies and organizations
using state budget funds
1. A fine of between VND
5,000,000 and 10,000,000 shall be imposed for violation of regulations on
management of working offices of agencies and organizations using state budget
funds causing waste.
2. A fine of between VND
10,000,000 and 20,000,000 shall be imposed for violation of regulations on
norms and standards, regime in the use of working offices of agencies and
organizations using state budget funds causing waste.
3. In addition to fines,
agencies and organizations that violate the provisions in clause 1 and clause 2
of this Article are also subject to the remedies as follows:
a) Forced to comply with the
regulations on management and use of working offices of agencies and
organizations using state budget funds;
b) Forced to comply with norms
and standards, the regime issued by the competent state agencies.
Article 31.
Violations of the provisions of the law on thrift practice and anti-waste in
the management and use of funds and state assets in the enterprises
1. A fine of between VND
30,000,000 and 40,000,000 shall be imposed for violation of regulations on
management and use of capital and funds in the State-owned company causing waste.
2. A fine of between VND
50,000,000 and 70,000,000 shall be imposed for acts of deciding to buy,
management and use of fixed assets, materials and other assets in state-owned
companies not complying with the provisions of law on financial management,
state property, construction investment management in excess of the norms,
standards, the regime issued by the competent State agencies.
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4. In addition to the fines,
those who violate the provisions in clause 1, 2 and 3 of this Article shall
also be subject to remedies as follows:
a) Forced to comply with
regulations on management of capital, state assets in the enterprises;
b) Forced to comply with norms
and standards, the regime provided for by the competent state authorities.
Article 32.
Application of forms and levels of sanctions according to law provisions on
sanction of administrative violations in the concerned fields
The administrative violations on
thrift practice and anti-waste in other fields that the current law has
specified the forms and the levels of sanctions, the sanction of administrative
violations shall comply with these regulations.
1. Agencies, organizations and
individuals that violate the provisions of the law on thrift practice and
anti-waste related land field shall be sanctioned in accordance with the law
regulations on handling of administrative violations in the field of land.
2. Agencies, organizations and
individuals that violate the provisions of the law on thrift practice and anti-waste
related scientific research field that have not got the provisions for sanction
in this Decree shall be sanctioned as prescribed by law on handling of
administrative violations in the field of science and technology.
3. Agencies, organizations and
individuals that violate the provisions of the law on practice and anti-waste
related to the field of management, construction investment of the projects
using state budget, using and management of office buildings that have not got
the provisions for sanction in this Decree shall be sanctioned in accordance
with the law regulations on administrative sanctions in the field of
construction activities and management of urban infrastructure works and
management, use of houses.
4. Agencies, organizations and
individuals that violate the provisions of the law on practice and anti-waste
related to the field of the exploitation and use of water resources shall be
sanctioned according to the law regulations on handling of administrative
violations in the field of water resources.
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6. Agencies, organizations and
individuals that violate the provisions of the law on thrift practice and
anti-waste related to the field of forest management, forest protection and
forest products management shall be sanctioned under law regulations on
handling of administrative violations in forest management, forest protection
and forest products management.
7. Agencies, organizations and
individuals that violate the provisions of the law on practice and anti-waste
related to the observance of labor discipline shall be sanctioned in accordance
with the law regulations on handling of administrative violations in the
observance of labor legislation.
Item 3:
COMPETENCE, SANCTION PROCEDURES, EXECUTION, ENFORCEMENT OF DECISIONS OF
ADMINISTRATIVE SANCTIONS
Article 33.
The competence to sanction administrative violations
1. The competence to sanction of
the chairmen of the People's Committees at all levels:
a) The competence to sanction of
the chairmen of the People's Committees at district level:
- To warn;
- To fine up to VND 20,000,000;
- To apply the remedies as
prescribed in clause 2 of Article 26 of this Decree.
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- To warn;
- To fine up to VND 100,000,000;
- To apply the remedies as
prescribed in clause 2 of Article 26 of this Decree.
2. The competence to sanction of
the specialized inspection forces:
a) The department-level
specialized chief inspectors have the rights:
- To warn;
- To fine up to VND 20,000,000;
- To apply the remedies as
prescribed in clause 2 of Article 26 of this Decree.
b) The specialized Chief
Inspectors of ministries, ministerial-level agencies, Governmental agencies
have the rights:
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- To fine up to VND 100,000,000;
- To apply the remedies as
prescribed in clause 2 of Article 26 of this Decree.
3. The authorization in sanction
of administrative violation, the principles for determining, competence to
handle administrative violations shall comply with the provisions of Article
41, Article 42 of the Ordinance on Handling of Administrative Violations in
2002 and Decree No.134/2003/ND-CP of November 14, 2003 of the Government
detailing the implementation of some Articles of the Ordinance on Handling of
Administrative Violations.
Article 34.
Procedures for sanctioning administrative violations and enforcement of
decisions on sanctioning administrative violations
Procedures for sanctioning
administrative violations and enforcement of decisions on sanctioning
administrative violations shall comply with the provisions of the Ordinance on
Handling of Administrative Violations in 2002 and Decree No.134/2003/ND-CP
dated March 14, 2003 of the Government detailing the implementation of some
Articles of the Ordinance on Handling of Administrative Violations.
Article 35.
Enforcement of decisions to sanction administrative violations
1. The enforcement of decisions on
sanctioning administrative violations shall comply with the provisions of the
Ordinance on Handling of Administrative Violations.
2. Procedures for the
application of coercive measures to implement the decision to sanction
administrative violations shall comply with the provisions of Decree
No.37/2005/ND-CP dated March 18, 2005 of the Government defining on procedures
to apply the coercive measures to implement decision on sanctioning
administrative violations.
Item 4:
COMPENSATION AGAINST THE SUBJECT TO BE SANCTIONED ADMINISTRATIVE VIOLATIONS ON
THRIFT PRACTICE AND ANTI-WASTE
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Principles, the determination of
the amount of compensation and liability for compensation for the subjects to
be sanctioned administrative violations on thrift practice and anti-waste shall
comply with the provisions of Articles 6, 7 and 8 of this Decree.
Article 37.
Procedures for handling compensation
1. Within 10 days from the date
of decision of administrative violation sanction or decision of applying the
remedies (in the case of expiry of administrative violation sanction), if
necessary, the person who is competent to handle compensation may establish an
advisory council on compensation to consider and determine the compensation.
2. Within 10 days after
receiving written recommendation on the compensation of the advisory council,
the person who is competent to decide the handling of compensation must make
decision on the compensation for the objects of administrative violation on
thrift practice and anti-waste.
3. In case of not
establishing an advisory council, within 30 days from the date of decision to
sanction administrative violations or the decision to apply the remedies (in
case of expiry of administration violation sanction), the person who is
competent to handle the compensation must make a decision on compensation for
the subjects to be sanctioned administrative violation on thrift practice and
anti-waste.
Article 38.
Advisory Council on compensation
1. Advisory Council on
compensation is established by the competent person defined in clause 2,
Article 27 of this Decree and at the same time as the Chairman of the Council.
Council’s members include:
representatives of financial institutions at the same level where the violation
occurred; the commune-level government’s representatives where the violation
occurred and representatives of specialized agencies of science, technology, or
other specialties (if necessary).
The advisory Council on
compensation dissolves by its own upon completion of its tasks.
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2. Within 30 days from the date
of its establishment, the Advisory Council on compensation must have written
recommendation to the person who is competent to make decision on compensation.
If the cases are complicated, not later than 90 days from the date of
establishment, the Advisory Council must send written recommendations the person
who is competent to make decision on compensation.
Article 39.
Execution of Decision on compensation
1. Organizations and individuals
are obliged to pay compensation once within 30 days from the date of the
decision on the compensation of the competent persons.
2. Where individuals who violate
required to compensate much money, can not pay all at once, after deducting the
amounts already paid right the first time, the remaining amount shall be
amortized within 12 months.
Article 40.
Reduction of compensation, temporary suspension of compensation implementation.
The persons who cause waste
required to pay compensation as individuals are considered for reduction,
temporary suspension of compensation implementation as provided for in Article
14 of this Decree.
Article 41.
Enforcement of the decision on compensation
The procedures for enforcement
of decisions on compensation for damage are conducted as prescribed by current
law for procedures of execution, enforcement of decisions on sanction of
administrative violations.
Chapter4:
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Article 42.
Rewards
Individuals and organizations
that have achievements in the detection and denunciation and settlement of compensation,
discipline, and handling of administrative violations in thrift practice and
anti-waste shall be rewarded according to reward law.
Article 43.
Complaints, denunciations, and lawsuits
1. Individuals and organizations
subject to discipline, handling of administrative violations may complain for
decisions to discipline, decisions to sanction administrative violations to the
agencies and organizations, those who have jurisdiction to solve complaints.
Individuals who found violations
of the law on thrift practice and anti-waste may denounce to the competent
agencies for timely prevention and treatment as prescribed.
Competence, procedures, and time
limits for settling complaints and denunciations shall comply with the law on
complaints and denunciations.
2. The lawsuits against
decisions on handling of administrative violations in the field of thrift and
anti-waste comply with the law on procedures for settlement of administrative
cases.
Chapter5:
IMPLEMENTATION PROVISIONS
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This Decree takes effect 15 days
from the date of its publication.
Article 45.
Responsibility to guide and implement
1. Ministry of Finance guides
the implementation of this Decree.
2. The ministers, heads of
ministerial-level agencies, heads of Governmental agencies, Chairmen of
People's Committees of provinces and cities directly under the Central
Government and concerned agencies, organizations and individuals are
responsible for the implementation of this Decree.