Decree No. 100/2021/ND-CP Amending and supplementing some articles of Decree No. 95/2016/NĐ-CP dated July 1, 2016 of the Government on administrative penalties for violations in the field of statistics

DECREE

Amending and supplementing some articles of Decree No. Decision No. 95/2016/NĐ-CP dated July 1, 2016 of the Governmenton administrative penalties for violations in the field of statistics

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Pursuant to the Law on Organization of the Government dated June 19, 2015; the Law Amending and Supplementing Certain Provisions of the Law on Organization of the Government and the Law on Organization of Local Administration dated November 22, 2019;

On the basis of Law on Handling Administrative Violations dated June 20, 2012; Law Amending and Supplementing Certain Provisions of the Law on Handling Administrative Violations dated November 13, 2020;

Pursuant to the Law Statistics dated November 23, 2015;

PURSUANT TO THE PROPOSAL OF THE MINISTER Ministry of Planning and Investment;

The Government issues a Decree amending and supplementing some provisions ofDecision No. 95/2016/NĐ-CP dated July 1, 2016 of the Government on administrative penalties for violations in the field of statistics.

Article 1. Amend and supplement some provisions of Decision No. 95/2016/NĐ-CP dated July 1, 2016 of the Government on administrative penalties for violations in the field of statistics as follows:

1. Amend and supplement certain clauses of Article 2 as follows:

a) Add Clause 4a following Clause 4 as follows:

"4a. Organizations subject to administrative penalties under Clauses 1, 2, 3, and 4 of this Article include:

a) State agencies with acts of violation that do not fall within their state management tasks in the field of statistics;

b) Units of the People's Armed Forces;

c) Public Service Units;

d) Agencies of the Communist Party of Vietnam;

đ) Political-social organizations, political-social-professional organizations, social organizations, and social-professional organizations;

e) Economic organizations established in accordance with the Enterprise Law, including: private enterprises, joint-stock companies, limited liability companies, partnerships, and affiliated units of enterprises (branches, representative offices);

g) Economic organizations established in accordance with the Law on Cooperatives, including: cooperatives, cooperative unions;

h) Other organizations established in accordance with the law."

b) Add Clause 4b following Clause 4a as follows:

"4b. Households and family businesses committing administrative violations stipulated in this Decree shall be penalized as if they were individuals committing such violations."

c) Amend Clause 7 as follows:

"7. The provisions of Article 13 of this Decree shall not apply to administrative penalties against press agencies and publishing houses. Administrative penalties against press agencies and publishing houses shall be carried out in accordance with the Government's regulations on administrative penalties in the press and publication activities."

2. Supplement Article 3a following Article 3 as follows:

"Article 3a. Time limit for administrative penalties

1. Acts of administrative violations that are ongoing are those specified in Clause 1 and point c, d Clause 5 Article 5; Clause 5 Article 7 of this Decree.

2. The termination time of acts of administrative violations for certain acts of administrative violations stipulated in this Decree shall be determined as follows:

a) For acts of administrative violations specified in point a, c Clause 2, Clause 3, 4 Article 5 of this Decree, the termination time is the time when individuals and organizations complete the submission of statistical survey forms and questionnaires;

b) For acts of administrative violations specified in Clause 1 Article 6; Article 8; Clause 1 Article 9; Clause 1, point a Clause 2 Article 10 of this Decree, the termination time is the time when individuals and organizations complete the submission of statistical reports;

c) For the act of administrative violation specified in Clause 1 Article 11 of this Decree, the termination time is the time when individuals and organizations carry out the act of exploiting and using statistical database of unannounced statistical indicators and statistical information;

d) For the act of administrative violation specified in Clause 2 Article 11 of this Decree, the termination time is the time when individuals and organizations carry out the act of using administrative data not for statistical purposes, providing administrative data to third parties without the written consent of the competent authority managing the data;

đ) For the act of administrative violation specified in Clause 1 Article 12 of this Decree, the termination time is the time when individuals and organizations disseminate through mass media, social networks, or publications national statistical data and information that are not classified as state secrets and have not been announced according to regulations;

e) For the act of administrative violation specified in Clause 2 Article 12 of this Decree, the termination time is the time when individuals and organizations disseminate through mass media, social networks, or publications false statistical information;

g) For the acts of administrative violations specified in Clause 1, 1a Article 13 of this Decree, the termination time is the time when individuals and organizations disseminate or publish on mass media or publications;
h) For the acts of administrative violations specified in Clause 2, 3, and 4 Article 13 of this Decree, the termination time is the time when individuals and organizations publish on mass media or publications statistical information that has been distorted from the national statistical indicator system, sectoral, provincial, district, and commune-level systems already announced by the competent authority;

i) For the act of administrative violation specified in point b Clause 2 Article 14 of this Decree, the termination time is the time when individuals and organizations lose statistical survey forms, questionnaires, and statistical reports containing statistical information immediately before the authorized person discovers the loss;

k) For the act of administrative violation specified in Article 15 of this Decree, the termination time is the time when individuals and organizations disclose statistical information in survey forms, questionnaires, and reports and administrative data, statistical data linked to specific names and addresses of individuals and organizations without their consent.

3. The time limit for administrative penalties shall be implemented in accordance with Clause 1 Article 6 of the Law on Handling Administrative Violations."

3. Add Article 3b following Article 3a as follows:

"Article 3b. Repeated administrative violations"

In cases where the violator repeatedly commits administrative violations as stipulated in Chapter II of this Decree, they shall be subject to punishment for one administrative violation and the aggravating circumstances shall be applied according to point b, Clause 1, Article 10 of the Law on Handling Administrative Violations, except for the violations specified in Articles 5, 6, 7, and 8 of Decree No. 95/2016/NĐ-CP.

4. Supplement Article 3c following Article 3b as follows:

"Article 3c. Time limit for implementing measures to remedy consequences

1. For remedial measures prescribed in Clauses 1, 4, 5, and 6 of Article 3 of this Decree, the time limit for implementing remedial measures is ten working days from the date the individual or organization receives the decision on administrative violation penalty.

2. For remedial measures prescribed in Clauses 2 and 3 of Article 3 of this Decree, the time limit for implementing remedial measures is thirty working days from the date the individual or organization receives the decision on administrative violation penalty.

3. In cases where the decision on administrative violation penalty or the decision on applying remedial measures specifies the implementation period, such period shall be followed."

5. Amends and supplements some clauses of Article 13 as follows:

a) Amend Clause 1 as follows:

"1. Warning penalty for the act of quoting without clearly indicating the source of statistical information when disseminating or publishing on mass media or publications."

b) Supplement Clause 1a following Clause 1 as follows:

"1a. Fine of VND 500,000 to VND 1,000,000 for the act of incorrectly citing the source of statistical information when disseminating or publishing on mass media or publications."

c) Amend point a, Clause 5 as follows:

"a) Order to correct the cited statistical information source for dissemination or publication in violation of Clauses 1 and 1a of this Article;"

6. Amend and supplement some clauses of Article 14 as follows:

a) Amend Clause 1 as follows:

"1. Warning penalty for the act of damaging less than 50% of the statistical information items in questionnaires, survey forms, or statistical reports within the retention period, but still capable of restoration."

b) Supplement Clause 1a following Clause 1 as follows:

"1a. Fine of VND 500,000 to VND 1,000,000 for the act of damaging 50% or more of the statistical information items in questionnaires, survey forms, or statistical reports within the retention period, but still capable of restoration."

c) Amend Clause 3 as follows:

"3. Apply remedial measures: Order to restore questionnaires, survey forms, or statistical reports that are still capable of restoration in violation of Clauses 1 and 1a of this Article."

7. Amending and supplementing Article 17 as follows:

"Article 17. Competence to impose administrative penalties

1. Inspectors or individuals assigned to perform specialized inspection tasks while performing their duties have the right to impose warning penalties.

2. Heads of provincial inspection agencies; Leaders of specialized inspection teams of the General Statistics Office; Leaders of specialized inspection teams of provincial and centrally-administered city statistics offices; Leaders of specialized inspection teams at provincial-level departments have the right:

a) To issue warnings;

b) Impose fines up to 15,000,000 VND;

c) To apply remedial measures as prescribed in this Decree.

3. Provincial-level Department of Statistics Directors; Leaders of specialized inspection teams at ministries have the right:

a) To issue warnings;

b) To impose fines up to VND 21,000,000;

c) To apply remedial measures as prescribed in this Decree.

4. General Statistics Office Directors; Heads of inspection agencies or agencies equivalent to ministries have the right:

a) To issue warnings;

b) Impose fines up to thirty million dong;

c) To apply remedial measures as prescribed in this Decree."

8. Amend and supplement Article 18 as follows:

"Article 18. Allocation of competence to impose administrative penalties

1. Chairpersons of village-level People's Committees have the authority to impose administrative penalties for violations stipulated in Clauses 1, 2, and 3 of Article 5; Clauses 1 and 2 of Article 7; Clause 1 of Article 8 of this Decree.

2. Chairpersons of district-level People's Committees have the authority to impose administrative penalties for violations stipulated in Article 5; Article 6; Clauses 1, 2, 3, and 4 of Article 7; Article 8; Article 9; Clause 1 of Article 10; Clause 1 of Article 11; Clauses 1, 1a, 2, and 3 of Article 13; Article 14 of this Decree.

3. Chairpersons of provincial-level People's Committees have the authority to impose administrative penalties for violations stipulated in Chapter II of this Decree.

4. Inspectors or individuals assigned to perform specialized inspection tasks while performing their duties under ministries and agencies equivalent to ministries designated by the Government to implement national statistical indicators including the Ministry of Planning and Investment; the Ministry of Natural Resources and Environment; the Ministry of Home Affairs; the Ministry of Finance; the Ministry of Justice; the Ministry of Information and Communications; the Ministry of Construction; the Ministry of Agriculture and Rural Development; the Ministry of Industry and Trade; the Ministry of Transport; the Ministry of Science and Technology; the Ministry of Education and Training; the Ministry of Health; the Ministry of Culture, Sports and Tourism; the Ministry of Public Security; the Ministry of National Defense; the State Bank of Vietnam; departments and equivalent agencies of the aforementioned ministries and agencies have the authority to impose administrative penalties for violations stipulated in Clause 1 of Article 5; Clause 1 of Article 7 of this Decree.

5. Heads of provincial inspection agencies; Leaders of specialized inspection teams of the General Statistics Office; Leaders of specialized inspection teams of provincial and centrally-administered city statistics offices; Leaders of specialized inspection teams at provincial-level departments have the authority to impose administrative penalties for violations stipulated in Article 5; Article 6; Clauses 1, 2, 3, and 4 of Article 7; Article 8; Article 9; Clause 1 of Article 10; Clause 1 of Article 11; Clauses 1, 1a, 2, and 3 of Article 13; Article 14 of this Decree.

6. Provincial-level Department of Statistics Directors; Leaders of specialized inspection teams at ministries have the authority to impose administrative penalties for violations stipulated in Article 5; Article 6; Article 7; Article 8; Article 9; Article 10; Article 11; Clause 1 of Article 12; Article 13; Article 14 of this Decree.7. General Statistics Office Directors; Heads of inspection agencies or agencies equivalent to ministries as stipulated in Clause 4 of this Article have the authority to impose administrative penalties for violations stipulated in Chapter II of this Decree."

Article 2. Repeal Clause 6 of Article 2 of Decree No. 95/2016/NĐ-CP dated July 1, 2016 of the Government regarding administrative penalties for violations in the field of statistics.

Article 3. Implementation Provisions

1. This Decree takes effect from January 1, 2022.

2. The Ministers, Heads of ministerial-level agencies, Heads of government agencies, Chairpersons of provincial People's Committees under central cities, and related organizations and individuals shall be responsible for implementing this Decree./.