Decree No. 127/2004/ND-CP stipulates administrative penalties for violations in scientific and technological activities applicable to Vietnamese and foreign individuals and organizations that commit such violations. This Decree specifies forms of penalties including warning, fines, revocation of license usage rights, confiscation of evidence, and measures to remedy consequences. Specific penalty amounts are detailed in each Article.
Đối tượng áp dụng
Vietnamese and foreign individuals and organizations committing administrative violations in scientific and technological activities.
Các điểm cốt lõi
- Administrative violations in scientific and technological activities are penalized according to this Decree. Forms of penalties include warning, fines ranging from VND 500,000 to VND 100,000,000, revocation of the Registration Certificate for Scientific and Technological Activities, confiscation of evidence, and measures to remedy consequences.
- Specific penalty amounts are detailed in each Article, for example: fines ranging from VND 5,000,000 to VND 15,000,000 for conducting unethical scientific research; fines ranging from VND 70,000,000 to VND 100,000,000 for exploiting scientific activities to misrepresent Party policies.
- Penalty authority is delegated to the Head of the Specialized Inspectorate under the Department of Science and Technology, the Head of the Specialized Inspectorate under the Ministry of Science and Technology, the Chairman of the People's Committee of province/city, and the Chairman of the People's Committee of district/county.
- The statute of limitations for penalties is one year for ordinary administrative violations; two years for financial-related violations. The statute of limitations may be recalculated if the individual or organization commits new violations or deliberately evades or obstructs the penalty process.
- Remedial measures include restoring the original state, destroying harmful scientific and technological products, refunding occupied funds, and publicly correcting misinformation through mass media.
🌐 Tác động xã hội từ văn bản này
- Positive impact: Establishes a legal basis for penalizing administrative violations in scientific and technological activities, protecting the interests of the State, organizations, and individuals.
- Negative impact: May impose economic burdens on organizations and individuals subject to penalties; may restrict creative freedom if regulations are overly stringent.
❓ Câu hỏi thường gặp
Who has the right to appeal a penalty decision?
Individuals, organizations, or their legitimate representatives have the right to appeal against the penalty decision in accordance with Article 25 of this Decree.
What is the maximum fine?
The maximum fine is VND 100,000,000, applicable to administrative violations in scientific and technological activities.
How is the penalty authority delegated?
The Chairman of the People's Committee of province/city has the authority to impose administrative penalties for violations in scientific and technological activities within their jurisdiction; the Head of the Specialized Inspectorate under the competent authorities has the authority to impose penalties within the scope of management of the same-level head.
What is the statute of limitations for penalties?
The statute of limitations for penalties is one year for ordinary administrative violations; two years for financial-related violations. The statute of limitations may be recalculated if the individual or organization commits new violations or deliberately evades or obstructs the penalty process.
What remedial measures are included?
Remedial measures include restoring the original state altered due to administrative violations; implementing measures to address environmental pollution and disease spread; destroying harmful scientific and technological products that are detrimental to human health, livestock, and crops.
Toàn văn
DECREE
Provisions on administrative penalties for violations in scientific and technological activities
_______________________________
THE GOVERNMENT
Pursuant to the Law on Organization of the Government dated December 25, 2001;
Pursuant to the Law on Science and Technology dated June 9, 2000;
Based on the Administrative Violation Handling Ordinance dated July 2, 2002;
At the proposal of the Minister of Science and Technology,
DECREE:
PART I
GENERAL PROVISIONS
Article 1. Scope of application
1. This Decree stipulates acts of violation, forms of administrative penalty, and the authority to impose administrative penalties for violations in scientific and technological activities.
2. Administrative violations in scientific and technological activities as provided for in Chapter II of this Decree are intentional or unintentional acts of individuals, agencies, organizations (hereinafter referred to collectively as individuals, organizations) that violate state management regulations in scientific and technological activities without constituting criminal offenses and which must be subject to administrative penalties under the law.
3. Acts of administrative violations in metrology, product quality, goods quality, technology transfer, intellectual property, radiation safety and control related to scientific and technological activities shall be subject to administrative penalties according to the provisions of Government Decrees regulating administrative penalties in those fields.
Article 2. Applicability
1. Vietnamese individuals and organizations committing administrative violations in scientific and technological activities shall be subject to penalties as prescribed in this Decree and other relevant laws on administrative penalties.
2. Foreign individuals and organizations committing administrative violations in scientific and technological activities within the territory, exclusive economic zone, and continental shelf of the Socialist Republic of Vietnam shall be subject to penalties as prescribed in this Decree as Vietnamese individuals and organizations. In cases where international treaties to which the Socialist Republic of Vietnam is a party provide different provisions, such treaty provisions shall apply.
Article 3. Principles of administrative penalties
1. Individuals and organizations shall be subject to administrative penalties for violations in scientific and technological activities when they commit acts violating the provisions set forth in Chapter II of this Decree.
2. All administrative violations, once discovered, must be promptly stopped. Administrative penalties must be carried out quickly, fairly, and thoroughly; all consequences caused by administrative violations must be remedied according to the law.
3. Administrative penalties for violations in scientific and technological activities must be conducted by persons with authority as prescribed in Article 21 of this Decree in accordance with the law on administrative penalties.
4. An act of administrative violation shall only be penalized once; if a person commits multiple acts of administrative violation, each act shall be penalized separately; if multiple people jointly commit an act of administrative violation, each violator shall be penalized.
5. Administrative penalties must be based on the nature, degree of violation, personal circumstances, and mitigating or aggravating circumstances to determine the form, level of penalty, and appropriate measures as prescribed in this Decree.
6. Administrative penalties shall not be imposed on cases involving emergency situations, unexpected events, or administrative violations committed by individuals suffering from mental illness or other diseases that impair their ability to understand or control their actions.
Article 4. Mitigating and Aggravating Circumstances
1. The following circumstances are mitigating circumstances:
a) Individuals or organizations committing administrative violations have taken steps to prevent, reduce the harm of the violation, or voluntarily remedied the consequences and compensated for losses;
b) Individuals or organizations committing administrative violations have voluntarily reported and sincerely expressed remorse;
c) Individuals committing administrative violations were in a state of mental agitation caused by unlawful acts of others;
d) Violations were committed under duress or dependency, both material and spiritual;
đ) Individuals committing violations are pregnant women, elderly, sick, or disabled persons whose capacity to understand or control their actions is limited;
e) The violation occurred due to particularly difficult circumstances not caused by oneself;
g) Violations due to outdated conditions.
2. The following circumstances are aggravating circumstances:
a) Organized violation;
b) Committing multiple violations in the same field or committing repeated violations in the same field.
c) Inciting, enticing minors to commit violations, or forcing dependents to commit violations;
d) Committing violations while intoxicated from alcohol, beer, or other stimulants;
đ) Abusing positions or powers to commit violations;
e) Taking advantage of wartime conditions, natural disasters, or other special difficulties in society to commit violations;
g) Committing violations during the execution of criminal sentences or administrative penalty decisions;
h) Continuing to commit administrative violations despite requests from authorities to stop such acts;
i) After committing violations, taking actions to evade or conceal administrative violations.
Article 5. Time limit for administrative penalties and deemed non-penalized period
1. The time limit for administrative penalties for violations in scientific and technological activities is one year from the date the administrative violation was committed. The time limit is two years for violations related to financial matters in scientific and technological activities. If the deadline has passed, no penalty will be imposed, but measures to remedy the consequences as prescribed in Clause 3, Article 6 of this Decree will still be applied.
2. For individuals who have been indicted, prosecuted, or had a decision made to bring a case of law violation to trial through criminal proceedings, but subsequently received a decision to terminate the investigation or close the case, and the violation has characteristics of an administrative violation, they shall be subject to administrative penalties; in this case, the time limit for administrative penalties is three months, starting from the date the authority imposing the penalty receives the decision to terminate and the case file.
3. Within the time limits specified in Clauses 1 and 2 of this Article, if individuals or organizations again commit new administrative violations in scientific and technological activities or intentionally evade or obstruct the imposition of penalties, the time limits specified in Clauses 1 and 2 of this Article shall not apply. The time limit for administrative penalties shall be recalculated from the date of the new administrative violation or the date the evasion or obstruction of the penalty ends.
4. Individuals and organizations subject to administrative penalties for violations in scientific and technological activities, if more than one year has passed since the completion of the penalty decision or the expiration of the enforcement deadline of the penalty decision without reoffending, shall be considered as not having been administratively penalized for scientific and technological violations.
Article 6. Forms of administrative penalties and measures to remedy consequences in scientific and technological activities
1. Principal forms of punishment: for each administrative violation in scientific and technological activities, individuals and organizations must bear one of the following principal forms of punishment: warning or fine.
a) Warning: applicable to minor administrative violations, first-time offenses, with mitigating circumstances, or for all administrative violations committed by minors aged from 14 to under 16 years old.
b) Fine: based on the nature and degree of the violation, the person authorized to decide the amount of the fine within the prescribed penalty range.
When imposing a fine, the specific amount of the fine for a single administrative violation is the midpoint of the prescribed fine range for that violation in cases where there are no aggravating or mitigating circumstances. The midpoint of the fine range is determined by dividing the sum of the minimum and maximum amounts by two.
Violations with mitigating circumstances may result in a reduced fine, but it cannot be lower than the minimum amount specified in the fine range.
Violations with aggravating circumstances may result in an increased fine, but it cannot exceed the maximum amount specified in the fine range.
2. Supplementary forms of punishment: depending on the nature and degree of the violation, individuals and organizations violating administrative regulations in scientific and technological activities may also be subject to one or more of the following supplementary forms of punishment:
a) Revocation of the Certificate of Registration for Scientific and Technological Activities.
b) Confiscation of objects and means used to commit administrative violations.
3. Application of measures to remedy consequences:
a) Compel restoration to the original condition prior to the change caused by the administrative violation;
b) Compelling implementation of measures to address environmental pollution or the spread of diseases caused by the administrative violation;
c) Compel the destruction of harmful scientific and technological products or those detrimental to human health, livestock, and crops;
d) Compel the return of funds improperly used or misappropriated;
đ) Compel public correction through central or local mass media;
e) Compel registration and submission of results of scientific and technological tasks.
Chapter II
ADMINISTRATIVE VIOLATIONS AND FORMS AND AMOUNTS OF PENALTIES
Article 7. Conducting scientific and technological activities contrary to ethics, customs, and traditions; causing damage to natural resources, the environment, and human health; spreading diseases; harming animals and plants; exploiting scientific activities to distort Party policies, State laws, and undermine national solidarity
1. Engaging in scientific research contrary to ethics and customs.
a) Imposing a fine of from VND 5,000,000 to VND 15,000,000 for conducting scientific and technological research contrary to ethics and customs;
b) Imposing a fine of from VND 15,000,000 to VND 30,000,000 if the violation specified in point a, Clause 1 of this Article causes adverse social effects.
2. Imposing a fine of from VND 50,000,000 to VND 70,000,000 for engaging in scientific and technological activities causing damage to natural resources, the environment, and human health; spreading diseases; harming animals and plants.
3. Imposing a fine of from VND 70,000,000 to VND 100,000,000 for exploiting scientific activities to distort Party policies, State laws, and undermining national solidarity.
4. Supplementary form of punishment: revoking the right to use the Certificate of Registration for Scientific and Technological Activities for a period of from 12 to 24 months for violations stipulated in this Article.
5. Measures to remedy consequences:
a) Compel the implementation of measures to remediate environmental pollution and disease spread caused by administrative violations as specified in Clause 2 of this Article;
b) Compel the destruction of harmful scientific and technological products or those detrimental to human health, livestock, and crops for violations as specified in Clauses 1 and 2 of this Article.
Article 8. Acts of appropriating the results of scientific and technological activities
1. Imposing a fine of from VND 10,000,000 to VND 20,000,000 for appropriating the results of scientific and technological activities.
2. Imposing a fine of from VND 20,000,000 to VND 40,000,000 if the violation specified in Clause 1 of this Article causes adverse spiritual and material effects on other individuals and organizations.
3. Supplementary form of punishment: revoking the right to use the Certificate of Registration for Scientific and Technological Activities for a period of from 12 to 18 months for violations stipulated in Clause 2 of this Article.
4. Measures to remedy consequences: compel public correction through central or local mass media for violations stipulated in Clauses 1 and 2 of this Article.
Article 9. Acts of violating the transfer, assignment, and provision of information about the results of scientific and technological activities
1. Imposing a fine of from VND 5,000,000 to VND 15,000,000 for transferring, assigning, or providing information about the results of scientific and technological activities created by individuals or organizations contrary to regulations issued by competent state agencies.
2. Imposing a fine of from VND 15,000,000 to VND 20,000,000 for violations stipulated in Clause 1 of this Article if the violation has resulted in material benefits.
3. Supplementary form of punishment: revoking the right to use the Certificate of Registration for Scientific and Technological Activities for a period of from 12 to 18 months for violations stipulated in Clause 1 and up to 24 months for violations stipulated in Clause 2 of this Article.
4. Measures to remedy consequences: compel restoration to the original state altered by administrative violations stipulated in Clauses 1 and 2 of this Article.
Article 10. Acts of fraud and forgery in scientific and technological activities
1. Issuing a warning for acts of fraud and forgery to obtain awards, assignments, selections, and during the execution of scientific and technological tasks.
2. Imposing a fine of from VND 5,000,000 to VND 15,000,000 for acts of fraud and forgery to obtain financial, credit, land, and other preferential policies in scientific and technological activities.
3. Remedial measures: compel restitution of funds improperly occupied or misused for the administrative violations stipulated in Clauses 1 and 2 of this Article.
Article 11. Violations concerning confidentiality in scientific and technological activities
1. A fine of VND 2,000,000 to VND 5,000,000 shall be imposed on the act of failing to fully comply with legal provisions when publishing, disseminating, or circulating patents and utility models containing state secrets.
2. A fine of VND 5,000,000 to VND 10,000,000 shall be imposed on the act of disclosing materials, results of scientific and technological activities listed in the state secret directory for personal gain or without personal gain but causing material and spiritual damage to individuals or organizations that are the owners of such materials and results.
3. A fine of VND 10,000,000 to VND 15,000,000 shall be imposed on the act of violating legal provisions regarding the publication, dissemination, or circulation of patents and utility models containing state secrets, transferring scientific and technological materials, research samples containing state secrets abroad.
Article 12. Unlawful acts hindering state management activities in science and technology, scientific research, and technological development
1. A warning shall be imposed on the act of not presenting or presenting incomplete documents, information, data to the competent state management agency for science and technology or authorized inspectors and auditors.
2. A fine of VND 500,000 to VND 2,000,000 shall be imposed on the act of presenting false documents, information, data to the competent state management agency for science and technology or authorized inspectors and auditors.
3. A fine of VND 2,000,000 to VND 5,000,000 shall be imposed on the act of refusing, contrary to regulations, to implement inspection and audit decisions; obstructing the competent state management agency for science and technology or authorized inspectors and auditors from implementing laws on science and technology.
4. A fine of VND 3,000,000 to VND 5,000,000 shall be imposed on the act of unlawfully obstructing individuals and organizations engaged in scientific and technological activities from conducting creative scientific and technological activities.
5. A fine of VND 5,000,000 to VND 10,000,000 shall be imposed on the act of unlawfully obstructing individuals and organizations engaged in scientific and technological activities from participating in the selection to undertake scientific and technological tasks, exercising rights stipulated in Articles 15 and 17 of the Law on Science and Technology.
Article 13. Failure to register and submit the results of scientific and technological tasks funded by the state budget
1. A fine of VND 2,000,000 to VND 5,000,000 shall be imposed on the act of failing to register; failing to submit the results of scientific and technological tasks funded by the state budget to the competent state management agency.
2. Remedial measures: compel registration and submission of the results of scientific and technological tasks for the violation stipulated in Clause 1 of this Article.
Article 14. Violations concerning the activities of members of scientific and technological councils
1. A warning shall be imposed on the act of violating the principles of operation of members of advisory councils: determining scientific and technological tasks; selecting organizations and individuals to undertake scientific and technological tasks; evaluating and accepting the results of scientific and technological tasks.
2. A fine of VND 500,000 to VND 2,000,000 shall be imposed on the act of violating the principles of operation of members of advisory councils: determining scientific and technological tasks; selecting organizations and individuals to undertake scientific and technological tasks; evaluating and accepting the results of scientific and technological tasks causing damage to the rights and interests of the State, organizations, and individuals engaged in scientific and technological activities.
Article 15. Violations concerning the use and dissemination of the results of scientific and technological activities
1. A fine of VND 2,000,000 to VND 4,000,000 shall be imposed on the act of using in contravention of regulations; using incorrectly the results of scientific and technological activities owned by the State.
2. A fine of VND 2,000,000 to VND 5,000,000 shall be imposed on the act of disseminating, promoting, applying research results and technological development created without state budget funding but未经翻译的部分已经是标准的英文法律术语和表达,因此直接输出即可:
Article 16. Violations concerning registration and implementation of activities of scientific and technological organizations
1. A warning or a fine of VND 500,000 to VND 2,000,000 shall be imposed on one of the following acts:
a) Not registering supplementary changes or additions to the scope of scientific and technological activities;
b) Not registering supplementary changes to the main office location;
c) Operating under a representative office or branch sign without registering the representative office or branch.
2. A fine of VND 2,000,000 to VND 5,000,000 shall be imposed on the act of forging documents to obtain a Certificate of Registration for Scientific and Technological Activities.
3. A fine of VND 3,000,000 to VND 5,000,000 shall be imposed on the act of operating outside the scope recorded in the Certificate of Registration for Scientific and Technological Activities, renting or lending out the Certificate of Registration for Scientific and Technological Activities.
4. A fine of VND 5,000,000 to VND 10,000,000 shall be imposed on organizations conducting scientific and technological activities without a Certificate of Registration for Scientific and Technological Activities; the Certificate of Registration for Scientific and Technological Activities has expired.
5. Additional penalties: suspending the right to use the Certificate of Registration for Scientific and Technological Activities for 12 to 18 months for violations stipulated in Clauses 1 and 3 of this Article; suspending the right to use the Certificate of Registration for Scientific and Technological Activities indefinitely for the violation stipulated in Clause 2 of this Article.
Article 17. Violations concerning the activities of social organizations and occupational associations in science and technology
1. A fine of from 1,000,000 VND to 3,000,000 VND shall be imposed on social organizations and social-professional organizations engaged in science and technology activities that do not comply with the approved charter or whose charter has not been approved by the competent authority.
2. A fine of from 3,000,000 VND to 5,000,000 VND shall be imposed on social organizations and social-professional organizations engaged in science and technology activities that do not have an organizational charter for their operations.
Article 18. Violations of regulations on joint ventures, joint operations, receiving sponsorship to engage in science and technology activities
1. A fine of from 10,000,000 VND to 20,000,000 VND shall be imposed on individuals and organizations engaged in science and technology activities that cooperate, form joint ventures, or enter into joint operations with domestic and foreign individuals and organizations or receive sponsorship from domestic and foreign individuals and organizations contrary to the provisions of the law.
2. Additional form of punishment: revocation of the right to use the Certificate of Registration for Science and Technology Activities for a period of from 12 months to 24 months for violations stipulated in Clause 1 of this Article.
Article 19. Violations of regulations on registration, management, and use of the Science and Technology Development Fund and state budget allocated for science and technology activities
1. A warning or a fine of from 200,000 VND to 1,000,000 VND shall be imposed on the act of establishing a Science and Technology Development Fund without registering its activities.
2. A fine of from 1,000,000 VND to 3,000,000 VND shall be imposed on the act of managing and using the Science and Technology Development Fund not in accordance with the registered content.
3. A fine of from 10,000,000 VND to 15,000,000 VND shall be imposed on the act of establishing a Science and Technology Development Fund contrary to the registered content for improper gain.
4. A fine of from 15,000,000 VND to 20,000,000 VND shall be imposed on the act of misappropriating or failing to return within the prescribed time without a legitimate reason funds sponsored from the state budget or the Science and Technology Development Fund at various levels.
5. Additional form of punishment: revocation of the right to use the Certificate of Registration for the Science and Technology Development Fund for a period of from 12 months to 18 months for violations stipulated in Clauses 2, 3, and 4 of this Article.
6. Measures to remedy consequences: forced repayment of misappropriated funds or funds used for improper purposes for violations stipulated in Clauses 3 and 4 of this Article.
Article 20. Violations of regulations on setting up and awarding prizes for science and technology
A warning or a fine of from 500,000 VND to 1,000,000 VND shall be imposed on the act of violating the provisions of Article 55 of the Law on Science and Technology regarding the establishment and granting of science and technology awards.
Chapter III
AUTHORITY AND PROCEDURES FOR IMPOSING PENALTIES
Article 21. Authority to impose penalties
1. Inspectors specializing in science and technology under the Ministry of Science and Technology, provincial Departments of Science and Technology directly under the central government, while performing their duties, have the authority to apply the powers prescribed in Clause 1 of Article 38 of the Administrative Violation Handling Decree to impose administrative penalties on administrative violations stipulated in Chapter II of this Decree including:
a) Issue a warning or impose a fine up to 200,000 VND;
b) Seizure of contraband items and means of violation with a value up to 2,000,000 VND;
c) Application of remedial measures prescribed in Points a, b, and c of Clause 3 of Article 6 of this Decree.
2. Heads of specialized inspectors in science and technology under provincial Departments of Science and Technology have the authority to apply the powers prescribed in Clause 2 of Article 38 of the Administrative Violation Handling Decree to impose administrative penalties on administrative violations stipulated in Chapter II of this Decree including:
a) Issue a warning or impose a fine up to 20,000,000 VND;
b) Revocation of the right to use the Certificate of Registration for Science and Technology Activities issued by the provincial Department of Science and Technology;
c) Confiscate the objects and means used to commit administrative violations;
d) Application of remedial measures prescribed in Points a, b, and c of Clause 3 of Article 6 of this Decree.
3. Heads of specialized inspectors in science and technology under the Ministry of Science and Technology have the authority to apply the powers prescribed in Clause 3 of Article 38 of the Administrative Violation Handling Decree to impose administrative penalties on administrative violations stipulated in Chapter II of this Decree including:
a) Warning or a fine up to 100,000,000 VND;
b) Revocation of the right to use the Certificate of Registration for Science and Technology Activities issued by the Ministry of Science and Technology or the provincial Department of Science and Technology;
c) Confiscate the objects and means used to commit administrative violations;
d) Application of remedial measures prescribed in Points a, b, and c of Clause 3 of Article 6 of this Decree.
4. Chairpersons of People's Committees of districts, counties, towns, and cities directly under provinces have the authority to apply forms of administrative penalties prescribed in Article 29 of the Administrative Violation Handling Decree to impose administrative penalties on administrative violations stipulated in Chapter II of this Decree including:
a) Issue a warning or impose a fine up to 20,000,000 VND;
b) Confiscate property, means of transportation used for administrative violations;
c) Application of remedial measures prescribed in Points a, b, and c of Clause 3 of Article 6 of this Decree.
5. Chairpersons of People's Committees of provinces and centrally governed cities have the authority to apply forms of administrative penalties prescribed in Article 30 of the Administrative Violation Handling Decree to impose administrative penalties on administrative violations stipulated in Chapter II of this Decree and to impose administrative penalties on administrative violations within the jurisdiction of multiple sectors including:
a) Warning or a fine up to 100,000,000 VND;
b) Revocation of the right to use the Certificate of Registration for Science and Technology Activities issued by the provincial Department of Science and Technology;
c) Confiscate the objects and means used to commit administrative violations;
d) Application of remedial measures prescribed in Clause 3 of Article 6 of this Decree.
Article 22. Principles for determining the authority to impose administrative penalties in science and technology activities
1. Chairpersons of People's Committees of provinces and centrally governed cities; Chairpersons of People's Committees of districts, counties, towns, and cities directly under provinces have the authority to impose administrative penalties on administrative violations in science and technology activities in their respective localities.
2. Heads of inspectors and inspectors specializing in science and technology of agencies: the Ministry of Science and Technology; provincial Departments of Science and Technology have the authority to impose administrative penalties on administrative violations in science and technology activities within the scope of management of their respective heads.
In cases where the violation exceeds the authority of the Head of the Inspector and the specialized inspector under the provincial Department of Science and Technology, the violation file shall be transferred to the Chairperson of the People's Committee of the province or centrally governed city to impose administrative penalties according to their authority.
3. In cases where an individual or organization simultaneously commits multiple administrative violations, including those related to science and technology activities, the authority to impose penalties shall be determined according to the principle prescribed in Clause 3 of Article 42 of the Administrative Violation Handling Decree.
4. In cases where administrative violations in scientific and technological activities exhibit signs of criminal offenses, the authority prescribed in Clauses 1 and 2 of this Article must immediately transfer the file to the competent criminal proceedings agency at the same level for handling.
It is strictly prohibited to apply administrative penalties to acts that exhibit signs of criminal offenses in scientific and technological activities.
Article 23. Procedures for imposing administrative penalties
1. The procedures for drafting the record and issuing the decision on administrative penalties must comply with the procedures stipulated in Articles 54, 55, and 56 of the Administrative Violations Handling Ordinance.
2. The procedures for imposing fines and paying such fines must comply with the procedures stipulated in Articles 57 and 58 of the Administrative Violations Handling Ordinance.
3. The procedure for revoking the right to use the Registration Certificate for Scientific and Technological Activities shall be carried out according to the provisions of Article 59 of the Administrative Violations Handling Ordinance.
4. The procedures for confiscating and disposing of evidence and means of administrative violations in scientific and technological activities shall be implemented according to Articles 60 and 61 of the Administrative Violations Handling Ordinance.
Article 24. Enforcement of the penalty decision
1. Individuals and organizations violating administrative regulations in scientific and technological activities must enforce the penalty decision within ten days from the date they receive the decision, except in cases provided for in Article 65 of the Administrative Violations Handling Ordinance.
2. Individuals and organizations subject to administrative penalties in scientific and technological activities who do not voluntarily enforce the decision shall be subject to compulsory enforcement. Individuals and organizations subject to compulsory enforcement must bear all costs for organizing the implementation of compulsory measures. The procedures for compulsory enforcement are regulated in Articles 66 and 67 of the Administrative Violations Handling Ordinance.
Chapter IV
PETITIONING, REPORTING AND HANDLING VIOLATIONS
Article 25. Complaints, accusations, and resolution of complaints and accusations
1. Individuals, organizations, or their legally authorized representatives have the right to appeal against the administrative penalty decision issued by the authority prescribed in Article 21 of this Decree. The appeal procedures and resolution of appeals are carried out according to the provisions of Article 118 of the Administrative Violations Handling Ordinance.. The authority and time limit for appeals and resolving appeals are governed by the Law on Appeals and Complaints. An appeal against an administrative penalty decision does not suspend the enforcement of the administrative penalty decision in scientific and technological activities.
2. Individuals have the right to report to state agencies with jurisdiction any administrative violations in scientific and technological activities committed by other individuals or organizations; report any illegal actions in handling administrative violations in scientific and technological activities by those authorized to impose penalties. The authority, time limit, and procedures for resolving reports are governed by the Law on Appeals and Complaints.
Article 26. Handling of the authority imposing administrative penalties for scientific and technological activities
Those authorized to impose administrative penalties in scientific and technological activities who violate the provisions on administrative penalties shall be handled according to Article 121 of the Administrative Violations Handling Ordinance.
Article 27. Handling of violations by those penalized in scientific and technological activities
Individuals penalized for administrative violations in scientific and technological activities who commit further violations during the enforcement of the penalty decision or engage in other violations shall be handled according to Article 122 of the Administrative Violations Handling Ordinance.
Chapter V
IMPLEMENTING PROVISIONS
Article 28. This Decree takes effect fifteen days after its publication in the Official Gazette.
Article 29. The Minister of Science and Technology is responsible for detailing and organizing the implementation of this Decree.
Article 30. The Ministers, Heads of ministerial-level agencies, Heads of government agencies, Chairpersons of People's Committees of provinces and centrally governed cities are responsible for implementing this Decree./.
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