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GOVERNMENT
OF VIETNAM
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SOCIALIST
REPUBLIC OF VIETNAM
Independence - Freedom – Happiness
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No.
87/2024/ND-CP
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Hanoi,
July 12, 2024
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DECREE
ON PENALTIES FOR ADMINISTRATIVE VIOLATIONS AGAINST
REGULATIONS ON MANAGEMENT OF PRICES
Pursuant to the Law on
Government Organization dated June 19, 2015;
Pursuant to the Law on Local
Government Organization dated June 19, 2015;
Pursuant to the Law on
amendments to the Law on Governmental Organization and the Law on Local
Government Organization dated November 22, 2019;
Pursuant to the Law on Actions
against administrative violations dated June 20, 2012; the Law on amendments to
certain Articles of the Law on Actions against administrative violations dated
November 13, 2020;
Pursuant to the Law on Prices
dated June 19, 2023;
At the request of the Minister
of Finance;
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Chapter I
GENERAL PROVISIONS
Article 1.
Scope
This Decree provides for
administrative violations; ended and ongoing administrative violations;
penalties, fines, remedial measures for each administrative violation; subjects
of penalization; powers to impose penalties, specific fines for each title and
powers to record administrative violations; enforcement of administrative
penalties and remedial measures in price management (including: State
management and price regulation activities; price database; valuation;
specialized price inspection, inspection of compliance with laws on prices and
valuation) and the posting of information on violations against laws on prices
and valuation on mass media.
Article 2.
Regulated entities
1. Vietnamese organizations and
individuals; foreign organizations and individuals (hereinafter referred to as
"organizations and individuals”) that commit administrative violations
specified herein; persons having powers to record or to impose administrative
penalties and other relevant organizations and individuals.
2. Organizations that are subjects
of penalization as prescribed herein, including:
a) Business organizations that are
established under the Law on Enterprises, including: Sole proprietorships,
joint-stock companies, limited liability companies, partnerships and entities
affiliated to enterprises (branch offices/branches, representative offices);
b) Cooperatives and cooperative
unions that are established in compliance with provisions of the Law on
Cooperatives;
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d) Socio organizations,
socio-political organizations, socio-political-professional organizations, and
socio-professional organizations;
dd) Public service providers;
e) State regulatory authorities
committing any violation that does not fall within the assigned state
management duties;
g) Other organizations as
prescribed by law.
3. Household businesses,
households, domestic investors and foreign investors that are individuals
committing administrative violations specified in this Decree shall face
administrative penalties for individuals.
Article 3.
Penalties, implementation principles and remedial measures
1. Administrative penalties
include:
a) Fines;
b) Dispossession of the valuer
certificates for a definite term ; suspension of the provision of valuation
services for a definite term; suspension of the training in and update of
knowledge of valuation for a definite term;
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3. The maximum fine specified
herein shall be VND 150.000.000 (for an individual) and VND 300.000.000 (for an
organization).
4. Fines and maximum fines
specified in this Decree shall be applicable to individuals. Fines and maximum
fines imposed on organizations shall be twice as much as those applicable to
individuals.
5. Aggravating or mitigating
circumstances and specific fines for each administrative violation against
regulations on prices shall be determined according to the Law on actions
against administrative violations, Decrees elaborating the Law on actions
against administrative violations.
6. If an individual or organization
commits one of the administrative violations specified in this Decree many
times, it will be considered repeated violation, which is an aggravating
circumstance, except the violations specified in Clauses 1, 2, 3, 4, and 5 of
Article 7; Clauses 4, 5, and 6 of Article 20; Clause 3 of Article 22; Clause 5
of Article 23; Clause 4 of Article 25 of this Decree, in which cases the
penalty shall be separately imposed on each violation.
7. In addition to the penalties for
violations specified in Clause 1 of this Article, depending on the nature and
severity of the violation, the violator will also be subject to one or more of
the following remedial measures:
a) Forced compliance with price
stabilization measures prescribed by competent authorities; Forced disclosure
of full information about the Price Stabilization Fund according to
regulations; Forced submission of full report on the Price Stabilization Fund
in full according to regulations or at the request of competent regulatory
agencies; Forced payment of the amount of money set up or used improperly to
the Price Stabilization Fund or administrative documents of competent
regulatory agencies;
b) Forced suspension of application
of selling prices of goods and services determined by organizations and
individuals;
c) Forced submission of price
declarations, forced declaration or publishing of prices according to
regulations;
d) Forced refund of the difference
in money earned by selling at a price higher price than the prescribed price,
or the revenues generated by committing administrative violations;
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e) Forced submission of reports,
provision of information and documents; Forced report and provision of additional
information and documents; Forced provision and update of price information in
the price database according to regulations;
g) Forced disclosure of information
according to valuation laws;
h) Forced reporting according to
the provisions of law on valuation;
i) Forced purchase of professional
liability insurance or provisions for professional risks according to valuation
laws;
k) Forced update of the valuation
certificate in the National Price Database according to valuation laws;
l) Forced storage, preservation and
use of valuation records according to valuation laws;
m) Forced explanation of valuation
reports made by valuers to the competent regulatory agencies;
n) Forced implementation of
procedures for re-issuance of certificates of eligibility for providing
valuation services;
o) Forced provision of accurate and
truthful information about the qualifications, experience and ability to
provide services of valuers or valuation enterprises;
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q) Forced re-issuance of training
certificates for participating students;
r) Forced revocation of
certificates of completion of valuation training/refresher training courses or
confirmations of valuation knowledge update and forced payment of profits
generated from violations to the state budget;
s) Forced revocation of
certificates of completion of valuation training/refresher training courses of
confirmations of valuation knowledge update and forced refund of expenses for
training or knowledge update for participants;
t) Forced correction of information
due to violations.
8. The implementation of remedial
measures shall comply with the provisions of the Law on Actions against
administrative violations and Decrees elaborating certain articles and measures
to implement the Law on Actions against administrative violations.
For the remedial measures in Clause
2, Article 10, Point b, Clause 4, Article 13, Point b, Clause 5, Article 15 of
this Decree, violating individuals and organizations are responsible for
cooperating with other relevant organizations and individuals (if any) in
implementing the remedial measures stated in the Decisions according to the
provisions of law and must bear all costs for implementing such remedial
measures. After the time limit for publicizing the remedial content on the mass
media according to regulations, violating individuals and organizations must
report the results of implementing remedial measures to persons competent to
issue decision on administrative penalties within 07 working days.
Article 4.
Prescriptive time limits for imposing administrative penalties
1. The prescriptive time limits for
imposing penalties for administrative violations against regulations on price
management are specified in Article 6 of the Law on Actions against
administrative violations.
2. Principles for determining ended
administrative violations and ongoing administrative violations to calculate
the prescriptive time limit for imposition of a penalty for an administrative
violation against regulations on price management shall comply with the
provisions of Decrees elaborating certain articles and measures to implement
the Law on Actions against administrative violations.
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1. In case administrative
violations cause major consequences or adversely affect public opinion, the
head of the agency or unit where the person who has made the decision on
administrative penalties works for shall send a document for public announcement
and a copy of the decision on administrative penalties to the website or
newspaper of the management agency at the ministerial level, provincial level
or the People's Committee of the province where the administrative violation
occurred within 03 working days from date of issuance of the decision on
administrative penalties.
2. The content publicly announced
is a copy of the decision on administrative penalties.
3. The head of the press agency or
the person responsible for managing the content of the website specified in
Clause 1 of this Article is responsible for:
a) Posting the copy of the decision
on administrative penalties within 02 working days from the date of receipt of
the document on public announcement and the copy of the decision on administrative
penalties;
b) Publicly posting information for
each decision on administrative penalties at least once, for at least 30 days;
c) Posting corrections (if any) on
the website or the next issue of the newspaper within 01 working day from the
date on which it receives requests for corrections.
4. Head of the agency or unit where
the person who has made the decision on administrative penalties works for
shall:
a) Be responsible for disclosed
contents;
b) Correct wrong information within
01 working day from the date on which it detects the wrong information or
receives requests for correction.
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In case a website or newspaper
incorrectly discloses information prescribed in clause 2 of this Article, it is
required to correct right columns or positions where wrong information is
published during 01 working day from the time of detecting the wrong
information and receiving requests for correction on the website or the next
issue of the newspaper and pay for the correction;
b) The correction shall be made in
01 time for each decision on administrative penalties and duration of
publishing is at least 30 days.
6. Funds for publicly disclosing
and correcting information (if any) shall be covered by regular operating
funding from the agency where the competent person who issued the decision on
administrative penalties works for.
Chapter II
ADMINISTRATIVE
VIOLATIONS, PENALTIES AND REMEDIAL MEASURES FOR VIOLATIONS AGAINST REGULATIONS
ON MANAGEMENT AND REGULATION OF PRICE AND PRICE DATABASE
Article 6.
Penalties for violations against regulations on compliance with price
stabilization measures of competent regulatory agencies
1. A fine from 10.000.000 VND to
20.000.000 VND shall be imposed for improper compliance with one of the price
stabilization measures prescribed by a competent authority.
2. A fine from 20.000.000 VND to
30.000.000 VND shall be imposed for non-compliance with one of the price
stabilization measures prescribed by a competent authority.
3. Remedial measures:
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b) Forced compliance with price
stabilization measures for violations specified in Clause 2 of this Article
during the implementation of price stabilization measures prescribed by
competent regulatory agencies;
Article 7.
Penalties for violations of regulations on management and use of the Price
Stabilization Fund
1. For acts of incomplete
disclosure, untimely disclosure, and failure to disclose information about the
Price Stabilization Fund as prescribed by law:
a) A fine from 20.000.000 VND to
30.000.000 VND shall be imposed for incomplete disclosure of information about
the Price Stabilization Fund as prescribed by law;
b) A fine from 30.000.000 VND to
50.000.000 VND shall be imposed for untimely disclosure (after 01 to 05 working
days from the day on which the information must be disclosed) of information
about the Price Stabilization Fund as prescribed by law;
c) A fine from 50.000.000 VND to
70.000.000 VND shall be imposed for failure to disclose information about the
Price Stabilization Fund as prescribed by law after 05 working days from the
day on which the information must be disclosed.
2. For failure to make a report on
and inaccurate, incomplete or untimely reporting of the Price Stabilization
Fund as prescribed by law or at the request of a competent regulatory agency:
a) A fine from 20.000.000 VND to
40.000.000 VND shall be imposed for incomplete reporting of the Price
Stabilization Fund as prescribed by law or at the request of a competent
regulatory agency;
b) A fine from 10.000.000 VND to
20.000.000 VND shall be imposed for reporting within 03 working days after the
deadline for reporting of the Price Stabilization Fund as prescribed by law or
at the request of a competent regulatory agency;
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d) A fine from 50.000.000 VND to
70.000.000 VND shall be imposed for failure to report, reporting after 05
working days from the deadline for reporting, or inaccurate reporting of the
Price Stabilization Fund;
3. A fine from 60.000.000 VND to
80.000.000 VND shall be imposed for inadequate contribution to the Price Stabilization
Fund as prescribed by law.
4. A fine from 80.000.000 VND to
100.000.000 VND shall be imposed for failure to contribute to the Price
Stabilization Fund as prescribed by law.
5. A fine from 120.000.000 VND to
150.000.000 VND shall be imposed for illegal use of the Price Stabilization
Fund.
6. Remedial measures:
a) Forced disclosure of full
information about the Price Stabilization Fund according to regulations for
violations in Points a and c, Clause 1 of this Article;
b) Forced report on the Price Stabilization
Fund in full according to regulations or at the request of a competent
regulatory agency for violations in Point a, Clause 2 of this Article;
c) Forced report on the Price Stabilization
Fund according to regulations or at the request of a competent regulatory
agency for violations in Point d, Clause 2 of this Article;
d) Forced payment of the arrears to
the Price Stabilization Fund not for violations in Clauses 3 and 4 of this
Article;
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e) Forced return of all illegal
profits (if any) obtained from failure to contribute or fully contribute to the
Price Stabilization Fund, or from illegal use of the Price Stabilization Fund
to state budget as prescribed by law on the Price Stabilization Fund in Clauses
3, 4 and 5 of this Article.
Article 8.
Penalties for violations of regulations on reporting, providing information and
documents on prices according to regulations or documents of competent
regulatory agencies to serve the management and regulation of prices
1. A fine from VND 1.000.000
to VND 2.000.000 shall be imposed for:
a) submission of reports or
provision of information and documents after 03 to 05 working days from the
prescribed deadline or the deadline in a written request from a competent
regulatory agency;
b) Incomplete reporting, provision
of incompletely information and documents as prescribed by law or written
requests from competent regulatory agencies.
2. A fine from 2.000.000 VND to
5.000.000 VND shall be imposed for violations specified in Point a, Clause 1 of
this Article from 06 to 10 working days.
3. A fine from 5.000.000 VND to
10.000.000 VND shall be imposed for the violations specified in Point a, Clause
1 of this Article after 10 working days.
4. Remedial measures:
a) Forced submission of reports and
provision of information and documents according to regulations or documents of
competent regulatory agencies for the violations in Clause 3 of this Article;
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Article 9.
Penalties for violations of regulations on sending arrangements for prices of
goods and services or detailed assessment reports on factors forming prices of
goods and services, providing relevant data and documents at the request of
competent regulatory agencies
1. A fine from VND 1.000.000
to VND 5.000.000 shall be imposed for:
a) submission of an arrangement for
prices of goods and services or a detailed assessment report on factors forming
prices of goods and services, provision of relevant data and documents after 03
to 05 working days from the deadline as prescribed by law or at the request of
a competent regulatory agency;
b) submission of an incomplete
dossier on arrangements for prices of goods and service as prescribed by law.
2. A fine from 5.000.000 VND to
10.000.000 VND shall be imposed for violations specified in Point a, Clause 1
of this Article from 06 to 10 working days from the day on which an arrangement
for prices must be made as prescribed by law.
3. A fine from 20.000.000 VND to
30.000.000 VND shall be imposed for submission or failure to submit an
arrangement for prices of goods and services or a detailed assessment report on
factors forming prices of goods and services, or provision of relevant data and
documents after 10 working days from the day on which the arrangement for
prices must be made as prescribed by law.
4. Remedial measures:
a) Forced submission of
arrangements for prices of goods and services or detailed assessment reports on
factors forming prices of goods and services, or provision of relevant data and
documents at the request of competent regulatory agencies for violations in
clause 3 of this Article;
b) Forced provision or
supplementation of information and documents at the request of competent
regulatory agencies for the violations in Clauses 1, 2 and 3 of this Article.
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1. A fine from VND 10.000.000 to
VND 20.000.000 shall be imposed for:
a) Selling goods and services at
prices that do not match the prices specifically determined by the State;
b) Selling goods and services at
prices higher than the maximum price of the price range issued by the State;
c) Selling goods and services at
prices lower than the minimum price of the price range issued by the State;
d) Selling goods and services at
prices higher than the maximum price issued by the State;
dd) Selling goods and services at
prices lower than the minimum price issued by the State;
2. Remedial measures: Forced refund
of the entire difference due to selling goods and services at prices higher
than the prescribed prices due to violations caused at Points a, b and d,
Clause 1 of this Article. Organizations and individuals trading in goods and
services shall publicly announce the content of the above remedial measures on
the mass media within 30 days; in case the customer cannot be identified or the
customer refuses to accept, the difference between the selling price and the
statutory price shall be fully paid to the state budget.
Article 11.
Penalties for violations against regulations on price negotiation
A fine from 30,000,000 VND to
40,000,000 VND shall be imposed for non-compliance with the written record of
the results of price negotiation or the document determining the price of the
price negotiation agency.
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1. A fine from 3,000,000 VND to
5,000,000 VND shall be imposed for failure to declare sufficient content or
failure to declare in the correct form of price declarations.
2. For declaration of incorrect
selling prices or failure to declare prices to competent regulatory agencies:
a) A fine from 10,000,000 VND to
15,000,000 VND shall be imposed for declaration of incorrect selling prices or
failure to declare prices of from 01 to 10 specific goods and services subject
to price declaration;
b) A fine from 15,000,000 VND to
20,000,000 VND shall be imposed for declaration of incorrect selling prices or
failure to declare prices of from 11 to 20 specific goods and services subject
to price declaration;
c) A fine from 20,000,000 VND to
25,000,000 VND shall be imposed for declaration of incorrect selling prices or
failure to declare prices of from 21 or more specific goods and services
subject to price declaration.
3. Remedial measures:
a) Forced submission of
declarations with sufficient content or using correct form for the violations
in clause 1 of this Article;
b) Forced correct declaration of
prices for acts violating the provisions of clause 2 of this Article.
Article 13.
Penalties for violations of regulations on quotation of fixed prices of goods
and services.
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a) The failure to quote fixed
prices of goods and services in one of the forms prescribed by law;
b) The quotation of fixed prices of
goods and services in an unclear manner that causes confusion for customers;
c) The quotation of fixed prices of
goods and services that do not conform to the specific prices set by the
competent state agencies or organizations or individuals.
2. A fine ranging from 5,000,000
VND to 10,000,000 VND shall be imposed for the act of selling goods and
services at prices higher than the fixed prices of the goods and services
determined or declared by organizations or individuals, not included in Clause
3 of this Article.
3. A fine ranging from 20,000,000
VND to 30,000,000 VND shall be imposed for the act of selling goods and
services at prices higher than the fixed prices of the goods and services
included in the list of goods and services subject to price stabilization
during the period when the State is implementing price stabilization.
4. Remedial measures:
a) Forced quotation of fixed prices
in accordance with the regulations for the violations specified in clause 1 of
this Article;
b) Forced refund of the amounts
collected from the customers that exceed the fixed prices, for the violations
specified in clauses 2 and 3 of this Article.
Organizations and individuals
engaged in the trade of goods and services must publicly announce the contents
of the aforementioned remedial measures through mass media within 30 days. In
cases where the customer cannot be identified or refuses to accept, the
difference between the increased selling price and the fixed price must be
fully transferred to the state budget.
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1. A fine of from VND 2.000.000 to
VND 5.000.000 shall be imposed on:
a) The refusal to receive
inspection decisions in price management when competent authorities deliver or
send them as per regulations;
b) The failure to comply with
inspection decisions in price management according to the notifications of
competent state agencies;
c) The failure to provide documents
and records at the request of competent agencies or persons within the inspection
period at inspection sites;
d) The failure to provide
sufficient and correct information and documents at the request of competent
agencies or persons within the inspection period at inspection sites;
dd) The failure to append signatures
to inspection minutes within 05 working days from the date of preparation or
public announcement of the minutes.
2. A fine ranging from VND
5.000.000 to VND 10.000.000 shall be imposed in cases of repeated violations of
the acts stipulated in Clause 1 of this Article.
3. Remedial measures: Forced
provision of information and documents related to the acts specified in point c
of clause 1 of this Article; Forced provision of sufficient and correct
information and documents regarding the acts specified in point d of clause 1
of this Article.
Article 15.
Penalties for other violations in price management
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2. A fine ranging from VND
20.000.000 to VND 30.000.000 shall be imposed in the following cases:
a) Pricing frauds by intentionally
altering the content agreed upon in transactions without prior notification to
customers of the time, place, conditions of purchase, sale, methods of
transportation, payment, quality, quantity, features, uses, goods, and services
at the time of delivery and provision of services;
b) Acts of obstruction by direct or
indirect influence through actions or words on the process by which state
agencies manage and regulate prices, as well as assess prices, thereby creating
difficulties in complying with the law.
3. A fine ranging from 30,000,000
VND to 50,000,000 VND shall be imposed for acts of collusion or agreement to
distort the pricing of goods and services for profit or gain; collusion on
pricing for the personal gain.
4. A fine ranging from 50,000,000
VND to 80,000,000 VND shall be imposed for acts of exploiting emergency
situations, incidents, disasters, natural calamities, or epidemics to raise the
prices of goods and services inappropriately compared to the total cost
fluctuations under normal conditions for the personal gain.
Regarding acts of abuse of dominant
market position and acts of abuse of monopoly position, they shall be subject
to the regulations on the administrative penalties for violations against
regulations on competition.
5. Remedial measures:
a) Forced correction of information
due to the violation of the provisions under Clause 1 of this Article;
b) Forced refund of the amounts
gained from the administrative violations of the provisions in point a of
Clause 2, Clause 3, Clause 4 of this Article to customers. Organizations and
individuals engaged in the trade of goods and services must publicly announce
the contents of the aforementioned remedial measures through mass media within
30 days. In cases where the customer cannot be identified or refuses to accept,
the difference obtained from these frauds must be fully transferred to the
state budget.
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1. A fine ranging from VND
1.000.000 to VND 2.000.000 shall be imposed in the following cases:
a) The failure to provide or update
information on prices;
b) The failure to provide or update
correct information on prices;
c) The provision or update of
incorrect information into the database on prices.
2. A fine ranging from 2,000,000
VND to 5,000,000 VND shall be imposed for the act of using price data from the
price database in a manner not permitted by agencies having authority to manage
that database.
3. Remedial measures:
a) Forced provision or updating of
information about prices, for the acts specified in point a of Clause 1 of this
Article;
b) Forced provision or updating of
correct information as per regulations, for the acts specified in point b and
point c of Clause 1 of this Article;
Chapter III
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Article 17.
Penalties for violations of regulations on information disclosure
1. A fine ranging from 3,000,000
VND to 5,000,000 VND shall be imposed for the act of publicly disclosing
insufficient information on valuation as per regulations.
2. A fine ranging from 5,000,000
VND to 8,000,000 VND shall be imposed for the act of failure to publicly
disclose information on valuation as per regulations.
3. Remedial measures: Forced public
disclosure of information in accordance with valuation laws, for the violations
specified in Clause 1 and Clause 2 of this Article.
Article 18.
Penalties for violations of regulations on reports on valuation
1. A fine ranging from VND
5.000.000 to VND 8.000.000 shall be imposed in the following cases:
a) Reports are made not using
correct forms as required by valuation laws;
b) Reports do not contain
sufficient contents as required by valuation laws;
2. A fine ranging from 8,000,000
VND to 10,000,000 VND shall be imposed for the act of reporting in accordance
with valuation laws within the period of from 15 to 30 days from the day on which
the reporting is required in the following cases:
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b) Changes to the information
recorded on the certificate of eligibility for providing valuation services,
include: Information about the enterprise and its branches; information about
the legal representative of the valuation enterprise and the head of the branch
stated on the certificate of eligibility for providing valuation services.
3. A fine ranging from 12,000,000
VND to 15,000,000 VND shall be imposed for the act of reporting specified in
clause 2 of this Article within a period of from 31 days to 45 days from the
date on which the reporting is required.
4. A fine ranging from VND
15.000.000 to VND 20.000.000 shall be imposed in the following cases:
a) The report as stipulated in
Clause 2 of this Article is submitted after 45 days from the date on which the reporting
is required;
b) Periodic report as prescribed by
valuation laws is submitted after 15 days from the date on which the periodic
reporting is mandated;
c) Ad hoc report as prescribed by
valuation laws is submitted after 05 days from the date on which the ad hoc
reporting is mandated;
d) Reports are not submitted as
prescribed in Clause 2 of this Article after 45 days from the date on which the
reporting is required;
dd) Periodic reports as prescribed
by valuation laws are not submitted after 15 days from the date on which the
periodic reporting is mandated;
e) Ad hoc reports as prescribed by
valuation laws are not submitted after 05 days from the date on which the ad
hoc reporting is mandated;
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Article 19.
Penalties for violations of regulations on purchasing professional liability
insurance and establishing professional risk provisions
1. A fine ranging from 10,000,000
VND to 15,000,000 VND shall be imposed for the act of improperly establishing
professional risk provisions.
2. A fine ranging from 15,000,000
VND to 20,000,000 VND shall be imposed for the act of failure to purchase
professional liability insurance for valuation activities and failure to
legally establish professional risk provisions.
3. Remedial measures:
a) Forced establishment of
professional risk provisions in accordance with valuation laws, for the
violations specified in Clause 1 of this Article;
b) Forced purchase of professional
liability insurance or establishment of professional risk provisions in
accordance with valuation laws, for the violations specified in Clause 2 of
this Article;
Article 20.
Penalties for violations of regulations on the preparation and issuance of
valuation certificates and valuation reports
1. A fine ranging from VND
10.000.000 to VND 15.000.000 shall be imposed in the following cases:
a) Preparation of valuation
certificates that does not adhere to the form prescribed by the Vietnam
Valuation Standards;
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2. A fine ranging from 15,000,000
VND to 20,000,000 VND shall be imposed for the act of failing to update
valuation certificates into the National Price Database in accordance with
valuation laws.
3. A fine ranging from VND
20.000.000 to VND 30.000.000 shall be imposed in the following cases:
a) Preparation of valuation certificates
and valuation reports that do not contain sufficient essential contents as
stipulated in the Vietnam Valuation Standards;
b) Issuance of valuation
certificates and valuation reports without proper authority from branches of
valuation enterprises as regulated by valuation laws.
4. A fine ranging from VND
30.000.000 to VND 40.000.000 shall be imposed in the following cases:
a) Preparation of valuation
certificates and valuation reports in an individual capacity;
b) Issuance of valuation certificates
without valuation reports or vice versa.
5. A fine ranging from VND
40.000.000 to VND 50.000.000 shall be imposed in the following cases:
a) Signing valuation certificates
and valuation reports beyond their area of expertise, notifications from the
state agency regarding the field of permitted practice; signing the valuation
certificate, valuation report while not meeting the conditions for registration
to practice valuation as stipulated;
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6. A fine ranging from VND
50.000.000 to VND 60.000.000 shall be imposed in the following cases:
a) Establishment or issuance of
fraudulent valuation certificates, valuation reports, and valuation-related
documents in accordance with the regulations of the Vietnam Valuation
Standards;
b) Issuance of valuation
certificates and valuation reports in cases where the valuation enterprises are
being suspended from providing valuation services.
7. Additional penalties:
a) Revocation of valuer
certificates for a period of from one month to two months from the effective
date of decisions to impose penalties for the violations specified in point a,
clause 5 of this Article;
b) Suspension of provision of
valuation services for a period of from one month to two months from the
effective date of decisions to impose penalties for the violations specified in
point b, clause 5 of this Article;
c) Revocation of valuer
certificates for a period of from 2 months to 3 months from the effective date
of decisions to impose penalties for the violations specified in point a,
clause 6 of this Article;
d) Suspension of provision of
valuation services for a period of from 4 months to 6 months from the effective
date of decisions to impose penalties for the violations specified in clause 6
of this Article;
8. Remedial measures: Forced update
of valuation certificates on the National Price Database in accordance with
valuation laws, for the violations specified in paragraph 2 of this Article.
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1. A fine ranging from VND
10.000.000 to VND 20.000.000 shall be imposed in the following cases:
a) Storage of insufficient
valuation records;
b) Failure to comply with valuation
record preservation and use laws.
2. A fine ranging from 20,000,000
VND to 30,000,000 VND shall be imposed for the act of altering or modifying the
contents of the valuation record that have been stored.
3. A fine ranging from 20,000,000
VND to 30,000,000 VND shall be imposed for the act of lacking valuation records
due to non-compliance with storage requirements.
4. Remedial measures: Forcible
storage, preservation and use of valuation records in accordance with valuation
laws, for the violations specified in clauses 1 and 2 of this Article.
Article 22.
Penalties for violations against regulations on valuation practicing
1. A fine ranging from 10,000,000
VND to 15,000,000 VND shall be imposed for the act of failure to provide
explanations for valuation reports submitted by the valuers to competent state
agencies upon request in accordance with the law.
2. A fine ranging from VND
30.000.000 to VND 40.000.000 shall be imposed in the following cases:
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b) Failure to implement the
valuation approach and methods as prescribed in the Vietnam Valuation
Standards;
c) Failure to apply valuation methods
as prescribed in the Vietnam Valuation Standards;
3. A fine ranging from 80,000,000
VND to 100,000,000 VND shall be imposed for acts of falsifying valuer
certificates, renting, borrowing, or using valuer certificates in violation of
the provisions of the Price Law and related laws, provided that such acts are
not subject to criminal prosecution as stipulated in the Penal Code.
4. Additional penalties:
a) Revocation of valuer
certificates for a period of from 2 months to 3 months from the effective date
of decisions to impose penalties for the violations specified in clause 2 of
this Article;
b) Revocation of valuer
certificates for a period of from 6 months to 9 months from the effective date
of decisions to impose penalties for the violations specified in clause 3 of
this Article, except for cases of falsifying valuer certificates.
5. Remedial measures: Forced
explanation of valuation reports submitted by valuers to competent state
agencies, for the violations specified in Clause 1 of this Article.
Article 23.
Penalties for violations against other regulations on valuation
1. A fine ranging from 5,000,000
VND to 8,000,000 VND shall be imposed for the act of providing valuation
services without a valid valuation contract.
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a) Failure to follow procedures for
reissuance of certificate of eligibility for providing valuation services after
the deadline stipulated from the date of change of information on the certificates
of eligibility for providing valuation services;
b) Conclusion of valuation service
contracts without permission in accordance with valuation laws.
3. A fine ranging from VND
10.000.000 to VND 20.000.000 shall be imposed in the following cases:
a) Inaccurate and misleading
information on the qualifications, experience, and capability to provide
services of valuers and valuation enterprises;
b) Inaccurate or dishonest
declaration with the aim of application for issuance or reissuance of
certificates of eligibility for providing valuation services or applications
for valuer certificates;
c) Establishment of regulations on
quality control of valuation reports without implementation for the purpose of
issuance and provision of valuation certificates to clients.
4. A fine ranging from VND
20.000.000 to VND 30.000.000 shall be imposed in the following cases:
a) Failure to establish and
implement regulations on quality control of valuation reports for the purpose
of issuance and provision of valuation certificates to clients;
b) Provision of valuation services
or conduct of valuation for individuals related to valuation enterprises in
accordance with enterprise laws;
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5. A fine ranging from 100,000,000
VND to 150,000,000 VND shall be imposed for acts of bribery, corruption;
collusion or agreement to distort the valuation of valued assets for personal
gain; and acts of collusion to make valuation which do not reach the threshold
of criminal prosecution as stipulated by the Penal Code.
6. Additional penalties: Suspension
of provision of valuation services for a period of from 6 months to 9 months
from the effective date of decisions to impose penalties for the violations
specified in clause 5 of this Article;
7. Remedial measures:
a) Forcible application for
reissuance of certificates of eligibility for providing valuation services, for
the violations specified in point a, clause 2 of this Article;
b) Forcible provision of accurate
and truthful information on the qualifications, experience, and ability to
provide services of valuers and valuation enterprises, for the violations
specified in point a, clause 3 of this Article;
c) Forcible quality control of
valuation reports, for the violations specified in point c of clause 3 and
point a of clause 4 of this article.
Article 24.
Penalties for violations of regulations on the provision of information on
valued assets and the use of valuation certificates for clients and third
parties named in valuation contracts
1. A fine ranging from VND
5.000.000 to VND 10.000.000 shall be imposed in the following cases:
a) Use of valuation certificates
that have expired;
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2. A fine ranging from 20,000,000
VND to 30,000,000 VND shall be imposed for the act of intentionally providing
false information on valued assets.
Article 25.
Penalties for violations of regulations on training, refresher training, and
expansion of knowledge on valuation
1. A fine ranging from VND
5.000.000 to VND 10.000.000 shall be imposed in the following cases:
a) Failure to conduct inquiries
into learners' feedback by using class quality assessment forms as required;
b) Failure to submit reports on the
training, refresher training, and expansion of knowledge on valuation.
2. A fine ranging from VND
10.000.000 to VND 25.000.000 shall be imposed in the following cases:
a) Organization a class with a
number of learners exceeding the number prescribed by valuation laws;
b) Failure to comply with the
content, curriculum, and duration of each class as per regulations;
c) Arrangement of unqualified
lecturers as prescribed by valuation law;
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dd) Conduct of assessments of
learning outcomes that do not comply with valuation laws;
e) Issuance of certificates without
using the certificate template stipulated by the Ministry of Finance;
g) Storage of records related to
training and refresher training and expansion of knowledge that do not comply
with valuation laws.
3. A fine ranging from VND
15.000.000 to VND 30.000.000 shall be imposed in the following cases:
a) Issuance of certificates and
confirmations for unqualified learners as prescribed by study duration and
examination result laws;
b) Issuance of certificates and
confirmations for individuals who have not actually participated in classes.
4. A fine ranging from VND
20.000.000 to VND 35.000.000 shall be imposed in the following cases:
a) Opening of classes where
requirements or conditions stipulated by the Ministry of Finance are not
entirely satisfied;
b) Opening of valuation training
classes and issuance of certificates for completion of valuation
training/refresher training courses, or confirmations of expansion of knowledge
on valuation without permission as regulated by the Ministry of Finance.
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a) Suspension of the opening of
classes of training, refresher training, and expansion of knowledge for a
period of from one month to two months from the effective date of decisions to
impose penalties for the violations specified in point b, clause 3 of this
Article;
b) Suspension of the opening of
classes of training, refresher training, and expansion of knowledge for a
period of from 2 months to 3 months from the effective date of decisions to
impose penalties for the violations specified in clause 4 of this Article.
6. Remedial measures:
a) Forcible submission of reports
in accordance with regulations on the training, refresher training, and
expansion of knowledge on valuation, for the violations specified in point b,
clause 1 of this Article;
b) Forcible reissuance of
certificates of completion of training and refresher training courses for
participants in classes, for the violations specified in point e, clause 2 of
this Article;
c) Forcible revocation of
certificates of completion of valuation training and refresher training courses
or confirmations of valuation knowledge update, simultaneously forcible
transfer of profits obtained from the violations specified in point b, clause 3
of this Article to the state budget;
d) Forcible revocation of
certificates of completion of training and refresher training courses, or
confirmations of valuation knowledge update, simultaneously forcible
reimbursement of expenses for training, refresher training, or knowledge update
for participants, for the violations specified in Clause 4 of this Article.
Chapter IV
AUTHORITY
TO ISSUE OFFENCE NOTICES AND IMPOSE ADMINISTRATIVE PENALTIES
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1. Persons having authority to
issue offence notices specified in this Article has the right to issue offence
notices within their jurisdiction using the prescribed form, and are
responsible for the issuance of such notices.
2. The following persons have the
authority to prepare offence notices:
a) Persons having authority to
impose administrative penalties specified herein;
b) Officials, public employees and
persons of the People's Police force who are performing their duties and
assigned tasks.
Article 27.
Authority to impose administrative penalties of inspectors
1. Chief Inspectors of ministries,
ministerial agencies; Directors of Price Management Department have the
authority to:
a) Impose a monetary fine of up to
150,000,000 VND, for the violations of the provisions of this Decree;
b) Apply the additional penalties
provided for in point b, clause 1, Article 3 and the remedial measures
specified in clause 7, Article 3 of this Decree.
2. Chief inspectors of provincial
departments, Heads of specialized inspectorates of the agencies assigned to
carry out price-related inspections have the authority to:
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b) Apply the additional penalties
provided for in point b, clause 1, Article 3 and the remedial measures
specified in clause 7, Article 3 of this Decree.
Article 28.
Authority to impose administrative penalties of the Chairpersons of the
People's Committees
The Chairpersons of the People's
Committees at all levels have the authority to impose administrative penalties
for violations of regulations on price management in their areas.
1. The Chairpersons of the
provincial People’s Committees have the rights to:
a) Impose a monetary fine of up to
150.000.000 VND, for the violations of regulations on price management;
b) Apply the additional penalties
provided for in point b, clause 1, Article 3 and the remedial measures
specified in clause 7, Article 3 of this Decree.
2. The Chairpersons of the
district-level People’s Committees have the rights to:
a) Impose a monetary fine of no
more than 75,000,000 VND;
b) Apply the additional penalties
provided for in point b, clause 1, Article 3 and the remedial measures
specified in clause 7, Article 3 of this Decree.
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Article 29.
Authority to impose administrative penalties of market surveillance officers
The competent persons of market
surveillance agencies specified in Article 45 of the Law on Actions against
administrative violations have the authority to impose administrative penalties
as outlined in Article 6, Clause 1 of Article 7, Article 8, Article 10, Article
11, Article 13, and Article 15 of this Decree as follows:
1. Director General of Vietnam
Directorate of Market Surveillance Agency has the rights to:
a) Impose a monetary fine of up to
VND 150.000.000;
b) Apply remedial measures
specified in points a, b, c, d, dd, e, t and e Clause 7 Article 3 of this
Decree.
2. Directors of Provincial Market
Surveillance Departments and Directors of Market Surveillance Operations
Departments affiliated to Vietnam Directorate of Market Surveillance Agency
have the rights to:
a) Impose a monetary fine of up to
VND 50.000.000;
b) Apply remedial measures
specified in points a, b, c, d, dd, e, t and e Clause 7 Article 3 of this
Decree.
3. Team leaders of Market
surveillance teams, Heads of Professional departments affiliated to the Market
Surveillance Bureau has the rights to:
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b) Apply remedial measures
specified in points a, b, c, d, dd, e, t and e Clause 7 Article 3 of this
Decree.
Article 30.
Authority to impose administrative penalties of the People’s Public Security
1. The Director of Bureau of
Internal Political Security, the Director of Bureau of Economic Security, the
Director of Police Bureau for Administrative Management of Social Order, the
Director of Police Bureau of Criminal Investigation, the Director of Police
Bureau of Corruption, Economy, and Smuggling Investigation, the Director of
Bureau of Counter-Narcotics Police, the Director of Bureau of Traffic Police,
the Director of Police Bureau of Fire Prevention and Rescue, the Director of
Police Bureau of Environmental Crime Prevention, the Director of Bureau of
Cybersecurity and High-Tech Crime Prevention and Control, the Director of
Bureau of Homeland Security, the Director of Police Bureau for Managing
Custody, Temporary detention and Criminal judgment Execution in the Community
and the Commander of Mobile Police Command have the rights to:
a) Impose a monetary fine of up to
VND 150.000.000;
b) Apply the additional penalties
provided for in point b, clause 1, Article 3 and the remedial measures
specified in clause 7, Article 3 of this Decree.
2. Directors of provincial Police
authorities have the rights to:
a) Impose a monetary fine of up to
VND 75.000.000;
b) Apply the additional penalties
provided for in point b, clause 1, Article 3 and the remedial measures
specified in clause 7, Article 3 of this Decree.
3. Heads of district-level police
authorities; Heads of Operation Departments affiliated to the Bureau of
Internal Political Security; Heads of Operation Departments affiliated to the
Police Bureau for Administrative Management of Social Order; Heads of Operation
Departments affiliated to the Bureau of Traffic Police; Heads of Operation
Departments of Police Bureau of Fire Prevention and Rescue; Heads of Operation
Departments affiliated to the Bureau of Cybersecurity and High-Tech Crime
Prevention and Control; Heads of Operation Departments affiliated to the Bureau
of Immigration; Heads of Departments affiliated to the Provincial Police
authorities including: Heads of Departments of Internal Political Security,
Heads of Police Departments of Administrative Management of Social Order, Heads
of Police Departments of Bureau of Criminal Investigation, Heads of Police
Departments of Corruption, Economy, and Smuggling Investigation, Heads of
Police Departments of Counter-Narcotics Police, Heads of Police Departments of
Criminal judgment Execution and Judicial Assistance, Heads of Police
Departments of Environmental Crime Prevention, Heads of Police Departments of
Cybersecurity and High-Tech Crime Prevention and Control, Heads of Departments
of Immigration, Heads of Departments of Economic Security, Heads of Departments
of Foreign Security, commanders of the Mobile Police Regiments and commanders
of the Marine Squadrons have the rights to:
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b) Apply the additional penalties
provided for in point b, clause 1, Article 3 and the remedial measures
specified in clause 7, Article 3 of this Decree.
4. Heads of Commune-level Police
Authorities, Police Stations, Border Checkpoints, Export-Processing Zones,
Chiefs of International Airport Border Gate Police, Commanders of Mobile Police
Battalions, Team Leaders of Marine Squadrons have the rights to:
a) Impose a monetary fine of up to
VND 2.500.000;
b) Apply remedial measures
specified in Clause 7 Article 3 of this Decree.
Chapter V
IMPLEMENTATION
PROVISIONS
Article 31.
Entry into force
This Decree comes into force from
July 12, 2024, and replaces the regulations concerning the handling of
administrative violations of regulations on prices stipulated in Chapter II of
Decree No. 109/2013/ND-CP dated September 24, 2013 of the Government; Article 1
of Decree No. 49/2016/ND-CP dated May 27, 2016 of the Government.
Article 32.
Transitional provisions
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Article 33.
Implementation
Ministers, Heads of ministerial
agencies, Heads of Governmental agencies, the Chairpersons of the People’s
Committees of provinces and central-affiliated cities and relevant entities are
responsible for implementation of this Decree.
ON
BEHALF OF GOVERNMENT OF VIETNAM
PP. PRIME MINISTER
DEPUTY PRIME MINISTER
Le Minh Khai