Circular No. 09/2000/TT-NHNN guiding the implementation of Decree No. 20/2000/NĐ-CP dated June 15, 2000 of the Government on administrative penalties in the field of currency and banking activities.

CIRCULAR

Guidelines for Implementing Decree No. 20/2000/NĐ-CP dated June 15, 2000 of the Government on Administrative Sanctions for Violations in the Field of Currency and Banking Activities

Regarding administrative sanctions for violations in the field of currency and banking activities as stipulated in Clause 1, Article 1 of Decree No. 20/2000/NĐ-CP dated June 15, 2000 of the Government, in cases where there are signs of criminal offenses, the authority responsible for imposing administrative sanctions shall prepare a dossier to transfer to the competent authority for investigation and resolution in accordance with the law.

 

Pursuant to Article 42 of Decree No. 20/2000/NĐ-CP dated June 15, 2000 of the Government on Administrative Sanctions for Violations in the Field of Currency and Banking Activities, the State Bank of Vietnam hereby provides guidelines for implementing the Decree as follows:

 

PART I

GENERAL PROVISIONS

Section I

Scope of Regulation and Applicability:

1. Violations of administrative regulations in the field of currency and banking activities as defined in Clause 1, Article 1 of Decree No. 20/2000/NĐ-CP. In cases where there are signs of criminal offenses, the authority responsible for imposing administrative sanctions shall prepare a dossier to transfer to the competent authority for investigation and resolution in accordance with the law.

When discovering complex violations, repeated violations, or serious violations, to decide whether to impose administrative or criminal penalties on such violations, the authority responsible for imposing administrative sanctions needs to consult with the People's Public Prosecutor at the same level.

If violations in the field of currency and banking activities have been transferred to the Investigation Agency but later there is a decision to suspend the investigation or terminate the case by the competent authority handling criminal matters, within three months from the date of receipt of the notification from the competent authority handling criminal matters, the authority responsible for imposing administrative sanctions must consider imposing administrative sanctions according to Decree No. 20/2000/NĐ-CP.

2. Other violations related to banking activities such as tax evasion, false declaration of taxes, violation of regulations on thrift and anti-waste, corruption... shall be handled according to other provisions of the law (tax violation penalties under the law on taxes, handling of corruption behavior under the Anti-Corruption Ordinance...).

3. The subjects subject to administrative sanctions in the field of currency and banking activities as stipulated in Clause 2, Article 1 of Decree No. 20/2000/NĐ-CP include:

a) State credit organizations (including commercial banks, development banks, investment banks, policy banks, and non-bank credit organizations);

b) State-owned joint-stock credit organizations and people's credit organizations;

c) Foreign credit organizations permitted to operate in Vietnam (including foreign bank branches, joint venture banks, and non-bank credit organizations);

d) Representative offices of foreign credit organizations located in Vietnam;

đ) Cooperative credit organizations;

e) Vietnam Gold, Precious Metals and Jewelry Corporation;

g) Enterprises directly affiliated with the State Bank of Vietnam;

h) Organizations not being credit organizations but permitted to engage in banking activities;

i) Individuals belonging to the above organizations;

k) Other organizations and individuals who commit administrative violations in the field of currency and banking activities.

PART II

Mitigating Circumstances and Aggravating Circumstances:

Mitigating circumstances and aggravating circumstances applied when imposing administrative sanctions in the field of currency and banking activities are as follows:

1. Regarding mitigating circumstances: To determine mitigating circumstances such as self-prevention, reduction of damage, or voluntary remediation and compensation, confirmation from the superior management agency if it is an organization or from the management agency or unit managing the violator if it is an individual is required.

2. Regarding the aggravating circumstance "Repetition or Recidivism":

Repetition means the situation where administrative violations are committed again before being punished and the statute of limitations for punishment has not expired.

Recidivism means the situation where administrative violations are committed again after being punished but before the period during which they are considered not to have been punished has expired.

Section III

2. Organizations and individuals fined must pay the fine at the place designated in the administrative penalty decision and receive a receipt for the fine payment. In remote, isolated areas, on rivers, at sea, or in regions where travel is difficult, or outside regular working hours, individuals and organizations subject to penalties may pay the fine to the person authorized to impose penalties and receive a receipt for the fine payment.

When imposing administrative sanctions, the authority responsible for imposing sanctions must comply with the procedures for imposing administrative sanctions prescribed in Articles 45, 47, 48, 49, 50, 51, 52, 53, 54, 55, 56 of the Administrative Sanction Enforcement Ordinance. Due to the special nature of banking activities, the simplified procedure prescribed in Article 46 of the Administrative Sanction Enforcement Ordinance does not apply. The State Bank of Vietnam provides additional guidance on the following points:

1. Immediate suspension of administrative violations:

The authority responsible for imposing administrative sanctions must immediately issue an order to suspend ongoing administrative violations upon discovery of such violations.

2. Recording of administrative violations:

a. After issuing an order to suspend administrative violations, the authority responsible for imposing sanctions must promptly record the administrative violation and report to the competent authority as stipulated in Clause 3 and Clause 7, Article 13, Clause 3, Article 14 of Decree No. 91/1999/NĐ-CP dated September 4, 1999 of the Government on the Organization and Operation of the Banking Inspection.

b. The recording of administrative violations applies to all cases of administrative violations in the field of currency and banking activities.

c. The record must be made in at least two copies according to Model 1a attached to this Circular and must be signed by the recorder, the violator, or the representative of the violating organization; if there are witnesses or victims, they must also sign the record. If the record consists of multiple pages, the violator or the representative of the violating organization must sign each page of the record. If the witness or victim refuses to sign, the reason must be clearly stated in the record.

d. Once completed, the record must be handed over to the individual or organization that violated one copy. If it exceeds the authority's power to impose sanctions, they must send the record to the person with the authority to handle the matter within three days (working days) from the date of recording the administrative violation.

3. Decision on Imposing Sanctions:

a. The decision on imposing sanctions must be made in at least five copies according to Model 1b attached to this Circular (for the main form of sanction: warning) or in at least seven copies according to Model 1c attached to this Circular (for the main form of sanction: fine); the address for delivery is as specified in the "address for delivery" section of the decision.

b.The time limit for issuing an administrative penalty decision is fifteen workingdays from the date of establishing the administrative violation report; in caseswith many complex circumstances requiring further investigation and verification, this period may be extended but not exceeding thirty days from the date ofestablishing the administrative violation report. If an individual or organizationcommits multiple administrative violations in the field of currency and bankingactivities, the authority with the power to impose penalties must issue anadministrative penalty decision for each violation according to the prescribedform and level of penalty for each violation.

c.If multiple administrative violations by an individual or organization occur atthe same time, concerning the same matter, and before the same authority withthe power to impose penalties, only one administrative penalty decision needsto be issued. This decision must clearly record each violation being penalized, theform and level of penalty for each violation. If fines are imposed, the totalamount (combined fine) of the administrative penalty decision shall be the sumof the individual fines for each violation, which the violator must execute. Thiscombined fine does not constitute the level of penalty prescribed in Article 10of Decree No. 20/2000/NĐ-CP. The level of penalty for each violation must bereflected based on the provisions for each violation under Chapter III of DecreeNo. 20/2000/NĐ-CP.

d.When multiple organizations or individuals commit the same administrativeviolation, each violating organization or individual will be penalized as follows:

An administrative violation committed jointly by multiple organizations orindividuals will result in each organization or individual being administrativelypenalized for that violation.

In a case where multiple organizations or individuals commit similaradministrative violations but are not related to each other during the commissionof the violation, each organization or individual will be penalized with aseparate administrative penalty decision. Based on the nature and degree ofviolation of each organization or individual, the authority with the power topenalize will determine the specific level of penalty for each organization orindividual who violated.

e.The authority with the power to impose penalties may not divide oneadministrative violation into several minor violations to impose penaltiesmultiple times to suit their own jurisdictional powers.

f.An administrative penalty decision becomes effective from the date of signing,except when the decision specifies a different effective date.

g.The time limit for delivering the administrative penalty decision to theorganization or individual subject to the penalty and the revenue collectionagency is three working days from the date of issuing the administrative penaltydecision.

4. Procedures for Imposing Fines:

a.All cases involving fines must be carried out according to the proceduresprescribed in Points 2 and 3, Section III, Chapter I of this Circular. Organizationsor individuals subject to fines must directly pay the fine into the state budgetthrough an account opened at the State Treasury. It is strictly prohibited for theauthority issuing the administrative penalty decision to directly collect thefine. The organization or individual subject to the penalty must pay the fineat the location specified in the administrative penalty decision and receive areceipt for the payment.

b.An administrative penalty decision imposing a fine of two million dong or moremust be sent to the People's Procuracy at the same level within three workingdays from the date of the fine decision.

5. Procedures for Revoking the Right to Use Licenses:

a.The authority to revoke the right to use licenses in the field of currency andbanking activities belongs to the Governor of the State Bank and the Director ofthe Branch of the State Bank in provinces and centrally-administered cities(against credit institutions and other organizations engaged in bankingactivities whose license issuance authority lies with the Director of the Branchof the State Bank in provinces and centrally-administered cities). Based on theinspection conclusions, the Chief Inspector of the State Bank or the ChiefInspector of the Branch of the State Bank in provinces and centrally-administeredcities will propose the competent authority to apply this form of penalty.

b.The authority issuing the administrative penalty decision must clearly recordin the administrative penalty decision: the name, type, number of the license,and the duration of revocation of the right to use the license. In cases wherethe revocation of the right to use the license has a specified duration, uponexpiration of the period recorded in the administrative penalty decision, theauthority issuing the administrative penalty decision must return the license tothe organization or individual using it.

c.In cases where a license is found to have been issued beyond the authority orcontains content contrary to the law, the authority issuing the administrativepenalty decision must immediately report to the competent authority to recallit in accordance with the law.

6. Procedures for Seizing Contraband Items and Means of Violation:

a.The person issuing the administrative penalty decision must establish a reporton the seizure of contraband items and means of violation according to Model 1dattached to this Circular. The report must bear the signatures of the personconducting the seizure, the person subject to the penalty or the representativeof the organization subject to the penalty, and the witness.

In cases where it is necessary to seal contraband items and means of violation,immediate action must be taken in the presence of the person subject to thepenalty or the representative of the organization subject to the penalty and thewitness; if the person subject to the penalty or the representative of theorganization subject to the penalty is absent, there must be two witnesses present.

b.An administrative penalty decision imposing the form of seizing contrabanditems and means of violation valued at five million dong or more must beimmediately sent to the People's Procuracy at the same level within three workingdays from the date of the administrative penalty decision.

c.Procedures for handling contraband items and means of violation are carriedout according to Article 52 of the Administrative Violations Handling Ordinance.

7. Transfer of Violation Files for Criminal Prosecution:

The transfer of violation files for criminal prosecution applies to violationsindicating criminal offenses. It is strictly prohibited to retain cases indicatingcriminal offenses for administrative handling.

 

Chapter II

AUTHORITY TO IMPOSE ADMINISTRATIVE PENALTIES AND THE APPLICATION OF FORMS OF ADMINISTRATIVE PENALTIES

REGARDING THE IMPOSITION AND ENFORCEMENT OF ADMINISTRATIVE SANCTIONS FOR VIOLATIONS

Section I

Authority to Impose Administrative Penalties:

1.Only those authorities with the power to impose administrative penalties inthe field of currency and banking activities as stipulated in Article 10 of DecreeNo. 20/2000/NĐ-CP have the authority to issue administrative penalty decisionsin the field of currency and banking activities.

With respect to inspection teams: during the inspection process, if administrative violations in the monetary and banking sector are discovered, the authority to impose administrative penalties shall be the head of the inspection team who is also an inspector; if the head of the inspection team is not an inspector, they must report to the person who signed the inspection decision for determination.

For administrative violations where the form of penalty and fine amount exceed their authority, the authority imposing the penalty must report and transfer the case file to the competent authority with the power to impose penalties within fifteen working days from the date of issuance of the administrative violation notice. The time limit for issuing the penalty decision is stipulated in point 3(b) of Section III of this Circular.

2.Functional units under the State Bank of Vietnam, state management agencies, and law enforcement agencies, during the inspection and examination process of credit institutions or organizations and individuals specified in Clause 2 of Article 1 of Decree No. 20/2000/NĐ-CP, if they discover administrative violations in the monetary and banking sector but such violations are outside their authority to impose penalties, must transfer the violation case file to the authority with the power to impose administrative penalties in the monetary and banking sector for consideration and imposition of penalties according to Decree No. 20/2000/NĐ-CP.

PART II

Application of forms of administrative penalties:

1.The decision-maker imposing penalties must base on each type of violation prescribed in Chapter III of Decree No. 20/2000/NĐ-CP to decide on the application of the form of penalty, including additional penalties or other measures prescribed in Article 9 of this Decree, corresponding to the degree and nature of the violation.

2.The application of fines, even when applying mitigating circumstances or aggravating circumstances, must not be lower than or exceed the prescribed fine range.

3.For the main form of penalty prescribed in Clause 1 of Article 9 of Decree No. 20/2000/NĐ-CP, only one of the two forms can be applied: warning or fine, and both main forms of penalty cannot be applied simultaneously for one violation.

4.When applying additional forms of penalties and other measures prescribed in Clauses 2 and 3 of Article 9 of Decree No. 20/2000/NĐ-CP, the decision-maker imposing penalties must not apply them independently but must apply them together with one of the two main forms of penalty: warning or fine.

 

Chapter III

ADMINISTRATIVE VIOLATIONS IN THE MONETARY AND BANKING SECTOR, FORMS OF PENALTIES AND AMOUNTS

BANKING VIOLATIONS, FORMS OF SANCTION AND AMOUNT OF PENALTY

1.Decree No. 20/2000/NĐ-CP, from Article 12 to Article 38, stipulates nine groups of behaviors, each group containing specific types of violations. When imposing administrative penalties in the monetary and banking sector, it is necessary to base on current legal documents: Law on the State Bank of Vietnam, Law on Credit Institutions, guiding decrees implementing the two Laws on the State Bank, and other related legal documents to determine the signs constituting the administrative violation, its nature, and degree.

2.Administrative violations concerning accounting and statistics are regulated as follows:

The authority to impose administrative penalties prescribed in Article 10 of Decree No. 20/2000/NĐ-CP may impose administrative penalties concerning accounting and statistics in the monetary and banking sector as stipulated in Article 24 of this Decree. The identification of violations, forms of penalties, and other measures shall be carried out in accordance with Decree No. 49/1999/NĐ-CP dated July 8, 1999, of the Government on administrative penalties in the accounting sector; Decree No. 93/1999/NĐ-CP dated September 7, 1999, of the Government on administrative penalties in the statistical sector; and guidance documents issued by the Ministry of Finance and the General Statistics Office on administrative penalties in the accounting and statistical sectors.

 

Chapter IV

IMPLEMENTATION

1.The Chief Inspector of the State Bank of Vietnam directs and guides units and individuals within the banking inspection system to thoroughly understand and strictly implement the imposition of administrative penalties.

2.Branch Governors of the State Bank of Vietnam at provincial and centrally-administered city levels, heads of units directly under the State Bank of Vietnam within their scope of duties and powers, must inspect, identify, and request the competent authority to impose strict administrative penalties in the monetary and banking sector.

3This Circular takes effect fifteen days from the date of signature.

During implementation, if there are difficulties or obstacles, units must promptly report to the Central State Bank (through the State Bank Inspectorate) for the Governor of the State Bank to consider and decide.

(Model 1a)

................1.................             Socialist Republic of Vietnam

Number:        /BB-VPHC                Independence Freedom Happiness

…(2)…, day … month … year …

RECORD

Regarding administrative violations in the monetary and banking sector

(Annexed to Circular No.: 09/2000/TT-NHNN3,

dated August 29, 2000 of the State Bank of Vietnam)

Today, at … hours …, day … month … year …

At …(3)

We include:

Mr. (Mrs.) …

Position (or profession): …

Unit:...

Record of administrative violation of:                                                      

......................................................................................................................................

..................................................................................................................................(4)

Committed administrative violation on day … month … year …, at …(5)

.......................................................................................................................................

Violation behavior (6):

.......................................................................................................................................

.......................................................................................................................................

.......................................................................................................................................

.......................................................................................................................................

The record is made in two copies and given to the violator to keep one copy.

Signature of the violator or Signature of the representative of the organization that committed the violation

 Signature of witness                        Signature of the person suffering damage

Remarks: (1) Record the name of the agency making the record;

             (2) Place name;

             (3), (5) Location of the violation;

             (4) Clearly record the name, address of the violating organization or full name, position (or profession), address of the individual violator:

(6) Clearly record the violation behavior; measures to prevent administrative violations and ensure the penalty (if any); statements of the violator or representative of the violating organization; if there are witnesses, persons suffering damage, or representatives of organizations suffering damage, their full names, addresses, and statements must be clearly recorded.

(Model 1b)

...............1.................  SOCIALIST REPUBLIC OF VIETNAM

Number:        /DECISION ON ADMINISTRATIVE PENALTY               Independence Freedom Happiness

(2)…, day … month … year …  

DECISION OF ...

On the Imposition of Administrative Penalties in the Monetary and Banking Sector

(Warning Penalty)

(Annexed to Circular No.: 09/2000/TT-NHNN3,

dated August 29, 2000 of the State Bank of Vietnam)

................................(4)

Pursuant to Article 60 of the Law on the State Bank of Vietnam, dated December 12, 1997;

Pursuant to Article 127 of the Law on Credit Institutions, dated December 12, 1997;

Pursuant to the Ordinance on Handling Administrative Violations, dated July 6, 1995;

Pursuant to Decree No. 20/2000/NĐ-CP of the Government, dated June 15, 2000, on the Imposition of Administrative Penalties in the Monetary and Banking Sector;

BASED ON THE ADMINISTRATIVE VIOLATION RECORD IN THE FIELD OF CURRENCY AND BANKING ACTIVITIES NUMBER ... /VIOLATION RECORD ESTABLISHED ON ... MONTH ... YEAR ... CONCERNING ADMINISTRATIVE VIOLATIONS.

of …

......................................................

...........................(5).

CONSIDERING THE NATURE AND LEVEL OF VIOLATION,

Pursuant to …;:

Article 1:

aPRINCIPAL PENALTY: WARNING

FOR THE ORGANIZATION (OR INDIVIDUAL)...

POSITION (OR OCCUPATION) OF THE VIOLATING INDIVIDUAL...

Address...

WHO COMMITTED THE VIOLATION... (6)

bAPPLY ADDITIONAL REMEDIAL MEASURES:

..................................................................................................................................(7)

Article 2THIS DECISION SHALL TAKE EFFECT FROM THE DATE OF SIGNING.

Article 3THE ORGANIZATION OR INDIVIDUAL LISTED IN ARTICLE 1 IS RESPONSIBLE FOR IMPLEMENTING THIS DECISION.

IF THE PERSON ORGANIZATION BEING FINED DOES NOT VOLUNTARILY COMPLY, THEY SHALL BE ENFORCED TO DO SO IN ACCORDANCE WITH THE PROVISIONS OF THE LAW.

THE PERSON ORGANIZATION BEING FINED FOR ADMINISTRATIVE VIOLATIONS HAS THE RIGHT TO APPEAL THE DECISION TO THE PERSON ISSUING THE DECISION WITHIN 10 DAYS FROM THE DATE OF RECEIVING THE DECISION.

THE AUTHORITY ISSUING THE DECISION (8)

(STATE FULL NAME, RANK, POSITION OF THE DECISION MAKER, SIGNATURE OF THE DECISION MAKER AND STAMP)

 ADDRESS FOR SERVICE:

THE PERSON ORGANIZATION BEING FINED TO IMPLEMENT;

THE AUTHORITY MANAGING THE VIOLATOR;

THE SUPERIOR AUTHORITY OF THE VIOLATED ORGANIZATION (FOR INFORMATION);

HEAD OF THE STATE BANK INSPECTORATE;

HEAD OF THE STATE BANK AT THE SAME LEVEL;

Column "Calibration regime" should clearly specify initial, periodic, or irregular calibration.

 Remarks:

(1), (3) NAME OF THE UNIT WHERE THE DECISION MAKER ISSUING THE DECISION IS LOCATED;

(2) Place name;

(4) STATE THE POSITION AND NAME OF THE AUTHORITY OF THE DECISION MAKER;

(5) STATE CLEARLY THE DATE AND MONTH OF THE VIOLATION RECORD, THE NAME, ADDRESS, POSITION, OCCUPATION OF THE VIOLATOR OR THE NAME, ADDRESS OF THE VIOLATING ORGANIZATION, THE VIOLATION OF ADMINISTRATIVE LAW AND ANY RELATED FACTS TO THE SETTLEMENT OF THE VIOLATION CASE;

(6) STATE CLEARLY THE ARTICLE, CLAUSE, NAME OF THE LEGAL DOCUMENT APPLIED;

(7) STATE CLEARLY THE ADDITIONAL PUNISHMENT MEASURE, MEASURES TO HANDLE EVIDENCE, MEANS; MEASURES TO MITIGATE THE CONSEQUENCES... (IF ANY);

(8) STATE THE NAME OF THE AUTHORITY ISSUING THE DECISION.

 (FORM 1c)

................1.................             Socialist Republic of Vietnam

Number:        /DECISION ON ADMINISTRATIVE PENALTY               Independence Freedom Happiness

(2)…, day … month … year …  

DECISION OF ...

On the Imposition of Administrative Penalties in the Monetary and Banking Sector

(FINE)

(ISSUED ALONG WITH CIRCULAR NO.: 09/2000/TT-NHNN3,

dated August 29, 2000 of the State Bank of Vietnam)

.................................(4)

Pursuant to Article 60 of the Law on the State Bank of Vietnam, dated December 12, 1997;

Pursuant to Article 127 of the Law on Credit Institutions, dated December 12, 1997;

BASED ON THE ADMINISTRATIVE VIOLATION RECORD IN THE FIELD OF CURRENCY AND BANKING ACTIVITIES NUMBER ... /VIOLATION RECORD ESTABLISHED ON ... MONTH ... YEAR ... CONCERNING ADMINISTRATIVE VIOLATIONS OF ...

Pursuant to Decree No. 20/2000/NĐ-CP of the Government, dated June 15, 2000, on the Imposition of Administrative Penalties in the Monetary and Banking Sector;

aPRINCIPAL PENALTY: FINE

......................................................

...........................(5).

CONSIDERING THE NATURE AND LEVEL OF VIOLATION,

Pursuant to …;:

Article 1:

…VND (WRITTEN IN WORDS)…

aTHE ORGANIZATION (OR INDIVIDUAL) …IS RESPONSIBLE FOR PAYING THE ABOVE AMOUNT INTO THE NATIONAL TREASURY …ACCORDING TO ACCOUNT NUMBER …BEFORE THE DATE …

FOR THE ORGANIZATION (OR INDIVIDUAL)...

POSITION (OR OCCUPATION) OF THE VIOLATING INDIVIDUAL...

Address...

WHO COMMITTED THE VIOLATION... (6)

bAPPLY ADDITIONAL REMEDIAL MEASURES:

..................................................................................................................................(7)

Article 2:

bEXCEEDING THE DEADLINE WITHOUT COMPLIANCE, ENFORCEMENT SHALL BE CARRIED OUT IN ACCORDANCE WITH THE PROVISIONS OF THE LAW.

NATIONAL TREASURY …(TO RECEIVE MONEY);

Article 3THIS DECISION SHALL TAKE EFFECT FROM THE DATE OF SIGNING.

Article 4THE ORGANIZATION OR INDIVIDUAL LISTED IN ARTICLE 1 IS RESPONSIBLE FOR IMPLEMENTING THIS DECISION.

IF THE PERSON ORGANIZATION BEING FINED DOES NOT VOLUNTARILY COMPLY, THEY SHALL BE ENFORCED TO DO SO IN ACCORDANCE WITH THE PROVISIONS OF THE LAW.

THE PERSON ORGANIZATION BEING FINED FOR ADMINISTRATIVE VIOLATIONS HAS THE RIGHT TO APPEAL THE DECISION TO THE PERSON ISSUING THE DECISION WITHIN 10 DAYS FROM THE DATE OF RECEIVING THE DECISION.

THE AUTHORITY ISSUING THE DECISION (8)

(STATE FULL NAME, RANK, POSITION OF THE DECISION MAKER, SIGNATURE OF THE DECISION MAKER AND STAMP)

 ADDRESS FOR SERVICE:

THE PERSON ORGANIZATION BEING FINED TO IMPLEMENT;

THE AUTHORITY MANAGING THE VIOLATOR;

THE SUPERIOR AUTHORITY OF THE VIOLATED ORGANIZATION (FOR INFORMATION);

HEAD OF THE STATE BANK INSPECTORATE;

HEAD OF THE STATE BANK AT THE SAME LEVEL;

PROSECUTOR’S OFFICE …(FINE OF 2 MILLION VND OR MORE);

(5) STATE CLEARLY THE DATE AND MONTH OF THE VIOLATION RECORD, THE NAME, ADDRESS, POSITION, OCCUPATION OF THE VIOLATOR OR THE NAME, ADDRESS OF THE VIOLATING ORGANIZATION, THE VIOLATION OF ADMINISTRATIVE LAW AND ANY RELATED FACTS TO THE SETTLEMENT OF THE VIOLATION CASE;

Column "Calibration regime" should clearly specify initial, periodic, or irregular calibration.

 Remarks:

(1), (3) NAME OF THE UNIT WHERE THE DECISION MAKER ISSUING THE DECISION IS LOCATED;

(2) Place name;

(4) STATE THE POSITION AND NAME OF THE AUTHORITY OF THE DECISION MAKER;

(FORM 1d)

(6) STATE CLEARLY THE ARTICLE, CLAUSE, NAME OF THE LEGAL DOCUMENT APPLIED;

(7) STATE CLEARLY THE ADDITIONAL PUNISHMENT MEASURE, MEASURES TO HANDLE EVIDENCE, MEANS; MEASURES TO MITIGATE THE CONSEQUENCES... (IF ANY);

(8) STATE THE NAME OF THE AUTHORITY ISSUING THE DECISION.

 CONFISCATION OF EVIDENCE AND MEANS OF VIOLATION OF ADMINISTRATIVE LAW

................1.................             Socialist Republic of Vietnam

Number:        /BB-VPHC                Independence Freedom Happiness

…(2)…, day … month … year …

RECORD

AT…

(ISSUED ALONG WITH CIRCULAR NO.: 09/2000/TT-NHNN3,

dated August 29, 2000 of the State Bank of Vietnam)

Today, at … hours …, day … month … year …

THE EVIDENCE AND MEANS OF VIOLATION OF ADMINISTRATIVE LAW OF (3) ARE CONFISCATED:

We include:

Mr. (Mrs.) …

Position:…

Unit:...

WITNESSES:                 

.......................................................................................................................................

THE EVIDENCE AND MEANS OF VIOLATION OF ADMINISTRATIVE LAW CONFISCATED INCLUDE: …(5) .............................................................................................(4)

......................................................................................................................................

THE RECORD WAS MADE IN …COPIES AND ONE COPY IS GIVEN TO THE VIOLATOR.

1..................................................................................................................................

2..................................................................................................................................

SIGNATURE OF THE VIOLATOR OR SIGNATURE OF THE REPRESENTATIVE OF THE VIOLATING ORGANIZATION CONFISCATING THE EVIDENCE AND MEANS OF VIOLATION

SIGNATURE OF THE WITNESS

FIRST WITNESS

SECOND WITNESS                        (1) STATE THE NAME OF THE AUTHORITY MAKING THE RECORD;                                 

 Remarks:(3) STATE CLEARLY THE NAME, ADDRESS OF THE VIOLATING ORGANIZATION OR THE FULL NAME, POSITION, ADDRESS, OCCUPATION OF THE VIOLATOR;

             (2) Place name;

(4) STATE CLEARLY THE NAME AND ADDRESS OF THE WITNESS;

             (5) STATE CLEARLY THE NAME, QUANTITY, TYPE OF ITEMS CONFISCATED, REGISTRATION NUMBER (IF ANY), CONDITION, QUALITY OF THE ITEMS.

(5) SPECIFY THE NAME, QUANTITY, TYPE OF ITEMS TO BE CONFISCATED, REGISTRATION NUMBER (IF ANY), CONDITION, AND QUALITY OF SUCH ITEMS.