DECREE OF THE GOVERNMENT

Provisions on administrative penalties for violations in the field of pricing

THE GOVERNMENT

Pursuant to the Law on Organization of the Government dated December 25, 2001;

Based on the Price Ordinance dated April 26, 2002;

Based on the Administrative Violation Handling Ordinance dated July 2, 2002;

Considering the proposal of the Minister of Finance,

DECREE

PART I

 GENERAL PROVISIONS

Article 1. Scope of Regulation

1. This Decree stipulates provisions on administrative penalties for violations in the field of pricing.

2. Administrative violations in the field of pricing as defined in this Decree include:

a) Violations of price stabilization regulations;

b) Violations of price negotiation regulations;

c) Violations of price range and level regulations set by competent authorities;

d) Violations of price formulation regulations;

đ) Violations of price appraisal regulations;

e) Violations of price display regulations;

g) Violations of prohibited acts as prescribed in Article 28 of the Pricing Ordinance;

h) Violations of regulations on the use of price subsidies, transport subsidies for goods, and other support funds to implement pricing policies;

i) Acts violating regulations on drug pricing management for disease prevention and treatment, which are handled according to the provisions of Article 14 of Government Decree No. 120/2004/NĐ-CP dated May 12, 2004 on drug pricing management for disease prevention and treatment.

Article 2. Applicability

Individuals, organizations within Vietnam and foreign organizations (hereinafter referred to collectively as individuals and organizations) who intentionally or negligently violate pricing laws without constituting a crime shall be subject to administrative penalties under this Decree and other relevant laws on administrative penalties, except where international treaties to which the Socialist Republic of Vietnam is a party provide otherwise.

Article 3. Principles of administrative penalties in the field of pricing

1. Administrative penalties in the field of pricing must be carried out by authorized persons in accordance with the provisions of this Decree.

2. All administrative violations must be detected promptly and stopped immediately. Penalties must be imposed swiftly, fairly, and in accordance with the law; all consequences caused by administrative violations must be remedied in accordance with the law.

3. An administrative violation in the field of pricing shall only be penalized once. Individuals and organizations committing multiple administrative violations shall be penalized for each individual violation. If multiple individuals or organizations jointly commit an administrative violation, each violator shall be penalized.

4. Administrative penalties in the field of pricing must be based on the nature and degree of the violation, mitigating circumstances, and aggravating circumstances to determine appropriate forms and levels of penalty.

Article 4. Mitigating circumstances and aggravating circumstances for administrative violations in the field of pricing    

1. Mitigating Circumstances:

a) The violator has taken measures to prevent or reduce the harm caused by the violation or voluntarily remedied the consequences and compensated for losses caused by the violation;

b) The violator has voluntarily reported the violation;

c) The violation was committed under duress.

2. Aggravating Circumstances:

a) Organized violation;

b) Repeated violations or recidivism in the field of pricing;

c) Exploiting positions or powers to commit violations;

d) Exploiting wartime conditions, natural disasters, or other special difficulties of society to commit violations;

đ) Committing violations during the execution of criminal sentences or administrative penalty decisions in the field of pricing; or during the execution of administrative penalty decisions in the field of pricing;

e) Continuing to commit administrative violations despite requests from authorized persons to stop such actions;

g) After committing the violation, engaging in acts to evade or conceal the administrative violation.

Article 5. Statute of limitations for administrative penalties for violations in the field of pricing 

1. The statute of limitations for administrative penalties in the field of pricing is two years from the date the administrative violation occurred.

2. For individuals who have been indicted, prosecuted, or decided to be tried through criminal proceedings, but subsequently have a decision to terminate investigation or close the case due to signs of administrative violations in the field of pricing, they shall be subject to administrative penalties; within three days from the date of issuing the decision to terminate investigation or close the case, the person  issuing the decision must send the decision to the authorized person responsible for imposing administrative penalties; in this case, the statute of limitations for administrative penalties is three months from the date the authorized person receives the decision to terminate and the case file.

3. Within the time limit specified in Clause 1 and Clause 2 of this Article, if individuals or organizations again commit new administrative violations in the same field of pricing or deliberately evade or obstruct the imposition of penalties, the statute of limitations provided for in Clause 1 and Clause 2 of this Article shall not apply, and the period shall be recalculated from the date of the new administrative violation or the date when the act of evading or obstructing the imposition of penalties ceases.

Article 6. Time limit for enforcement of administrative penalty decisions in the field of pricing

The time limit 1. This Circular takes effect from February 15, 2026; Circular No. 24/2013/TT-BKHCN dated September 30, 2013 of the Minister of Science and Technology on activities related to calibration, verification, testing of measuring instruments, and measurement standards shall cease to be effective from the date this Circular takes effect. for enforcing an administrative penalty decision in the field of pricing is one year from the date of issuance of the penalty decision; if this period has passed without the decision being enforced, the penalty decision will no longer be enforced, but measures to remedy consequences recorded in the decision will still be applied. In cases where individuals or organizations subject to penalties deliberately evade or delay enforcement of the penalty decision,

the aforementioned time limit shall be recalculated from the date when such evasive or delaying actions cease. Article 7. Period considered as not having been administratively penalized in the field of pricing

Individuals or organizations that have been

administratively penalized, if they do not reoffend within one year from the date of completion of the execution of the penalty decision, or from the date when the time limit for enforcement of the penalty decision expires, shall be deemed as not having been administratively penalized. Article 8. Forms of punishment and measures to remedy consequences for administrative violations in the field of pricing

1. For each administrative violation in the field of pricing, the violator must bear one of the following main forms of punishment: 

2. Depending on the nature and severity of the violation, individuals or organizations violating administrative regulations in the field of pricing may also be subject to one or more of the following supplementary forms of punishment:

a) To issue warnings;

b) Fine.

a) Revocation of the right to use price appraisal cards;

b) Confiscation of the amount of money gained from the violation.

3. In addition to the main forms of punishment and supplementary punishments mentioned above, violators may also be compelled to apply one or more of the following remedial measures:

a) Confiscation of the entire amount of price difference obtained due to the violation;

b) Compelled to compensate the full amount of money lost due to the violation in the field of pricing;       

c) Recovery of subsidies, freight subsidies for goods obtained through false or fraudulent claims in settlement documents; subsidies, freight subsidies for goods, funds used for implementing pricing policies for improper purposes;

d) Must bear all costs to implement the refund of price differences caused by incorrect pricing for individuals or organizations subjected to incorrect pricing.        

4. The form of main punishment, supplementary punishment, and other measures applicable to administrative violations in the field of pricing are stipulated in Chapter II of this Decree. Supplementary punishments and other measures can only be applied together with the main form of punishment. In cases where the administrative violation has exceeded the time limit for punishment, the main punishment will not be applied, but the measures specified in points a, b, c, and d of Clause 3 of this Article may still be applied. 

5. When imposing a fine, the specific amount of the fine for each administrative violation in the field of pricing is the average level within the fine range corresponding to the violation as prescribed in this Decree; if the violation has mitigating circumstances, the fine amount may be reduced below the minimum level of the fine range, but it cannot be reduced beyond the minimum level; if the violation has aggravating circumstances, the fine amount may be increased above the average level, but it cannot exceed the maximum level of the fine range.

VIOLATIONS OF ADMINISTRATIVE REGULATIONS IN THE FIELD OF PRICING,

Chapter II

FORMS AND AMOUNTS OF PENALTIES

 Violations concerning price stabilization regulations

Article 9. A fine of VND 5,000,000 to VND 10,000,000 for each of the following violations:

1. Failure to report or reporting inaccurately when the State implements price stabilization measures.

2. Failure to comply with price stabilization measures prescribed by competent authorities.

2. Failure to comply with price stabilization measures prescribed by competent authorities.

Article 10. Acts of incorrectly implementing negotiated prices

1. A fine of VND 3,000,000 to VND 5,000,000 shall be imposed on acts of purchasing, selling goods, or providing services at temporary negotiated price levels or negotiated prices that have been issued by competent authorities.

2. In addition to being fined, individuals and organizations committing administrative violations as stipulated in Clause 1 of this Article may also be subject to the following measures:

a) Confiscation of the entire amount of price difference obtained due to administrative violations;

b) Compelled to compensate for the entire amount of loss caused by incorrectly implementing prices;

c) Bear all costs to refund the price difference to individuals and organizations subjected to incorrect pricing.

Article 11. Acts of incorrectly implementing prices decided by competent authorities

1. A fine of VND 5,000,000 to VND 10,000,000 shall be imposed on acts of purchasing, selling goods,  providing services at specific price levels, price ranges, or price limits decided by provincial people's committees, centrally governed city people's committees, and competent authorities (excluding those specified in Clauses 2 and 3 of this Article).  Specific prices, price ranges, and price limits shall be determined by provincial people's committees, municipal people's committees under the central government, and competent authorities (excluding those specified in Clauses 2 and 3 of this Article).

2. A fine of VND 10,000,000 to VND 20,000,000 shall be imposed on acts of purchasing, selling goods, providing services at specific price levels, price ranges, or price limits decided by ministers, heads of ministerial-level agencies.  Specific prices, price ranges, and price limits shall be determined by ministers, heads of ministerial-level agencies.

3. A fine of VND 20,000,000 to VND 30,000,000 shall be imposed on acts of purchasing, selling goods, providing services at specific price levels, price ranges, or price limits decided by the Government, Prime Minister.  Specific prices, price ranges, and price limits shall be determined by the Government, the Prime Minister.   

4. In addition to being fined, individuals and organizations committing administrative violations as stipulated in Clauses 1, 2, and 3 of this Article may also be subject to the following measures:

a) Confiscation of the entire amount of price difference obtained due to administrative violations;

b) Compelled to compensate for the entire amount of loss caused by incorrectly implementing prices;

c) Bear all costs to refund the price difference to individuals and organizations subjected to incorrect pricing.

Article 12. Acts of violating regulations on establishing pricing plans

A fine of VND 5,000,000 to VND 10,000,000 shall be imposed on acts of establishing pricing plans for assets, goods, and services priced by the State contrary to the pricing rules established by competent authorities.

Article 13. Acts of violating regulations on price appraisal

1. A fine of VND 3,000,000 to VND 5,000,000 shall be imposed on acts of conducting price appraisals for personal gain, causing damage to individuals, organizations, and the State.

2. A fine of VND 5,000,000 to VND 10,000,000 shall be imposed on acts of conducting price appraisals without meeting the conditions required by law to engage in price appraisal activities.

3. A fine of VND 5,000,000 to VND 10,000,000 shall be imposed on acts of failing to conduct price appraisals on assets that must undergo such appraisals according to State regulations.

4. In addition to being fined, individuals and organizations committing administrative violations as stipulated in Clauses 1 and 2  of this Article may also be subject to one or more supplementary penalties as follows:

a) Confiscation of the proceeds from administrative violations;

b) Suspension for a period of time or indefinitely  of the right to use the price appraisal practitioner card.

5. In addition to being fined and subject to supplementary penalties, individuals and organizations committing administrative violations as stipulated in Clauses 1, 2, and 3 of this Article may also be compelled to compensate for losses caused by administrative violations.

Article 14. Acts of failing to comply with regulations on price display

1. A warning or a fine of VND 100,000 to VND 200,000 shall be imposed on acts of failing to display prices or displaying them incorrectly at transaction points, sales locations, or service provision sites for goods and services self-priced by enterprises.

2. A fine of VND 200,000 to VND 500,000 shall be imposed on acts of failing to display prices or displaying them incorrectly at transaction points, sales locations, or service provision sites for goods and services within the State-defined price list.

Article 15. Monopolistic Price Fixing Conduct

1. A fine of VND 5,000,000 to VND 10,000,000 shall be imposed on the act of not reporting or reporting inadequately, inaccurately, or untimely data and documents related to production costs, circulation, and monopoly goods and service prices as required by competent state management authorities.

2. A fine of VND 10,000,000 to VND 15,000,000 shall be imposed on the following acts carried out within the territory of a province or centrally governed city:  The following provinces and centrally governed cities:

a) Agreement among organizations and individuals to set, control, or change the selling price of goods or service prices with the aim of restricting competition and infringing upon the legitimate interests of other production and business organizations or consumers.

b) Agreement among organizations and individuals to create scarcity of goods by limiting production, distribution, transportation, sale of goods, or supply of services; destroying or damaging goods, thereby infringing upon the legitimate interests of other production and business organizations or consumers.

c) Agreement among organizations and individuals to implement sales conditions, purchase conditions, or post-sale service supply conditions that affect the price level of goods or services, thereby infringing upon the legitimate interests of other production and business organizations or consumers.

d) Agreement among organizations and individuals to change purchasing or selling prices of goods or services to eliminate or force other enterprises to link with them or become their branches, thereby infringing upon the legitimate interests of other production and business organizations or consumers.

3. A fine of VND 15,000,000 to VND 20,000,000 shall be imposed on the acts stipulated at points a, b, c, and d of Clause 2, carried out beyond the territory of a province or centrally governed city.  The provisions at points a, b, c, and d of Clause 1 may be implemented beyond the scope of one province or centrally governed city.

4. Individuals and organizations committing administrative violations as prescribed in Clauses 2 and 3 of this Article, in addition to being fined, shall also have all proceeds from such administrative violations confiscated.

5. Individuals and organizations committing administrative violations as prescribed in Clauses 2 and 3 of this Article, in addition to being fined, may also be ordered to compensate for losses caused by such administrative violations.

Article 16. Conduct of Speculation to Increase Prices or Force Prices Down

1. A fine of VND 3,000,000 to VND 5,000,000 shall be imposed on the act of taking advantage of natural disasters, enemy activities, or other abnormal situations to speculate and increase prices or force prices down within the territory of a district or town.

2. A fine of VND 5,000,000 to VND 10,000,000 shall be imposed on the act of taking advantage of natural disasters, enemy activities, or other abnormal situations to speculate and increase prices or force prices down beyond the territory of a district or town.

3. Individuals and organizations that commit administrative violations as stipulated in Clauses 1 and 2 of this Article, in addition to being fined, may also have their profits from such violations confiscated.

3. Individuals and organizations committing administrative violations as prescribed in Clauses 1 and 2 of this Article, in addition to being fined, may also have proceeds from such administrative violations confiscated.

4. Individuals and organizations committing administrative violations as prescribed in Clauses 1 and 2 of this Article, in addition to being fined and subject to supplementary penalties, may also be ordered to compensate for losses caused by such administrative violations.

Article 17. Conduct of Fabricating or Spreading Unfounded Information about Price Increases or Decreases 1. A fine of VND 3,000,000 to VND 5,000,000 shall be imposed on the act of fabricating or spreading unfounded information about price increases or decreases of goods or services decided by the provincial People's Committee, causing damage to the legitimate interests of other production and business organizations, consumers, and the State. country.

2. A fine of VND 5,000,000 to VND 10,000,000 shall be imposed on the act of fabricating or spreading unfounded information about price increases or decreases of goods or services decided by the Government, Prime Minister, Minister, or head of a ministry-level agency, causing damage to the legitimate interests of other production and business organizations, consumers, and the State.

Article 18. Acts violating regulations on subsidies, freight subsidies, and support measures to implement pricing policies

1. A fine of from five million dong to ten million dong shall be imposed for the act of misusing subsidy funds, freight subsidy funds for goods, and other support funds to implement pricing policies.

2. A fine of from ten million dong to twenty million dong shall be imposed for the act of falsely declaring or fabricating settlement documents to obtain subsidies, freight subsidies for goods, and other support funds to implement pricing policies.

3. Individuals and organizations committing administrative violations as stipulated in Clause 1 and Clause 2 of this Article, in addition to being fined, may also have the following remedial measures applied:

a) Recovery of subsidy funds, freight subsidy funds for goods, and other support funds used for purposes not intended as specified in Clause 1 of this Article; to implement pricing policies that were misused for administrative violations as stipulated in Clause 1 of this Article;

b) Recovery of subsidy funds, freight subsidy funds for goods, and other support funds to implement pricing policies  obtained through false declarations or fabricated settlement documents as specified in Clause 2 of this Article;

Chapter III

AUTHORITY AND PROCEDURES FOR ADMINISTRATIVE PENALTIES

VIOLATIONS IN THE FIELD OF PRICING

Article 19. The authority to impose administrative penalties in the field of pricing of people's committees at all levels

1. The Chairperson of the People's Committee of communes, wards, and towns has the authority to:

a) To issue warnings;

b) Impose a fine up to 500,000 VND.

2. The Chairperson of the People's Committee of districts, cities under provinces, and provincial cities has the authority to:

a) To issue warnings;

b) To impose fines up to VND 20,000,000;

c) Seizure of the entire amount of price difference profits obtained due to administrative violations;

d) Compelling full compensation for losses incurred due to administrative violations.

3. The Chairman of the People's Committee of provinces and centrally governed cities has the right:

a) To issue warnings;

b) To impose fines up to the maximum level prescribed in this Decree;

c) To seize the entire amount of profit obtained due to administrative violations;

d) To seize the entire amount of price difference profits obtained due to administrative violations;

đ) To compel full compensation for losses incurred due to administrative violations;

e) Recovery of subsidy funds, freight subsidy funds for goods obtained through false declarations or fabricated settlement documents; subsidy funds, freight subsidy funds for goods, and other support funds to implement pricing policies that were misused for purposes not intended.

Article 20. The authority to impose administrative penalties in the field of pricing of specialized inspection agencies:

1. Financial inspectors performing their duties have the right:

a) To issue warnings;

b) To impose a fine up to two hundred thousand dong;

2. The Director of the Financial Inspection Department of the Ministry of Finance has the right:

a) To issue warnings;

b) To impose fines up to VND 20,000,000;

c) To seize the entire amount of profit obtained due to administrative violations;

d) To seize the entire amount of price difference profits obtained due to administrative violations;

đ) To compel full compensation for losses incurred due to administrative violations;

e) Recovery of subsidy funds, freight subsidy funds for goods, and other support funds to implement pricing policies obtained through false declarations or fabricated settlement documents; subsidy funds, freight subsidy funds for goods, and other support funds to implement pricing policies that were misused for purposes not intended.

3. The Director of the Financial Inspection Bureau of the Ministry of Finance has the right

a) To issue warnings;

b) Impose fines up to thirty million dong;

c) To seize the entire amount of profit obtained due to administrative violations;

d) To revoke the right to use the price appraisal inspector card;

đ) To seize the entire amount of price difference profits obtained due to administrative violations;

e) To compel full compensation for losses incurred due to administrative violations;

g) Recovery of subsidy funds, freight subsidy funds for goods, and other support funds to implement pricing policies obtained through false declarations or fabricated settlement documents; subsidy funds, freight subsidy funds for goods, and other support funds to implement pricing policies that were misused for purposes not intended.

4. Specialized inspection agencies of Ministries and sectors have the authority to impose administrative penalties in the field of pricing as specified in this Decree within the scope of their price management authority as prescribed by the Government.

Article 21. The determination of the authority to impose penalties shall be carried out in accordance with the provisions set forth in Article 42 of the Administrative Violation Handling Ordinance dated July 2, 2002. Article 22. Penalty procedures  1. The procedures and sequence for imposing penalties on administrative violations in the pricing field shall be implemented in accordance with Articles 53, 54, 55, 56, 57, 58, 59, and Article 65 of the Administrative Violation Handling Ordinance dated July 2, 2002, and Chapter IV of Decree No. 134/2003/NĐ-CP dated November 14, 2003 detailing the implementation of the 2002 Administrative Violation Handling Ordinance.

2. Fines collected must be deposited into the State budget through an account opened at the State Treasury. The management system for fine receipts and payment of fines shall be implemented in accordance with current regulations.

3. Individuals and organizations whose price subsidies, freight subsidies for goods transportation, and other financial support measures to implement pricing policies are revoked; whose price discrepancies are confiscated; who are required to compensate for losses due to administrative violations; and who are responsible for costs to refund price discrepancies must pay the money at the location specified in the penalty decision, for the competent authority to consider returning it to the aggrieved party or depositing it into the State budget.

Article 23. Enforcement of administrative penalty decisions and enforcement of administrative violation penalty decisions shall be carried out in accordance with the provisions of the law.

Article 24. Transfer of administrative violation cases in the pricing field for criminal prosecution

When examining administrative violations in the pricing field that have signs of criminal offenses, the authorized person must immediately transfer the case file to the competent criminal prosecution agency.

Strictly prohibited is the retention of administrative violation cases with signs of criminal offenses for administrative penalties.

PETITIONING, REPORTING, AND HANDLING OF VIOLATIONS

Petitioning, reporting, and handling of petitions and reports

Chapter IV

Petitions, reports, and the resolution of petitions and reports regarding administrative violation penalty decisions in the pricing field shall be applied in accordance with the laws on petitioning and reporting.  During the period awaiting resolution of petitions, individuals and organizations subject to administrative penalties in the pricing field must strictly comply with the penalty decision of the competent authority. A petition against an administrative violation penalty decision does not suspend the enforcement of the penalty decision.

Article 25.  An authorized person imposing administrative penalties in the pricing field who engages in personal gain, lacks a sense of responsibility, shields, fails to impose penalties, imposes penalties untimely, improperly, or exceeds the prescribed authority shall be subject to disciplinary action or criminal liability depending on the nature and severity of the violation; if causing damage to the State, organizations, or individuals, they must provide compensation in accordance with the law.

If an individual subjected to an administrative penalty in the pricing field obstructs, resists an officer performing their duty to inspect, or deliberately delays or evades the execution of an administrative violation penalty decision, they shall be subject to administrative penalties or criminal liability under the current laws depending on the nature and severity of the violation.

This Decree takes effect fifteen days after its publication in the Official Gazette and abolishes Decree No. 44/2000/NĐ-CP dated September 1, 2000 of the Government concerning administrative penalties in the pricing field.  Administrative violators in the field of pricing must strictly comply with the penalty decisions of competent authorities. An administrative violation appeal does not suspend the enforcement of the penalty decision.

Article 26. Handling Violations

Those who are authorized to impose penalties for administrative violations in the field of pricing, if they seek personal gain, lack responsibility, cover up, fail to impose penalties, impose penalties untimely, improperly, or exceed their authority, will be subject to disciplinary action or criminal prosecution depending on the nature and severity of the violation; if damage is caused to the State, organizations, or individuals, compensation must be provided according to the law.

If an individual who has been penalized for an administrative violation in the field of pricing obstructs, resists officials responsible for inspection, or deliberately delays or evades compliance with the administrative violation penalty decision, they will be subject to administrative violation penalties or criminal prosecution according to current laws based on the nature and severity of the violation.

Chapter V

IMPLEMENTING PROVISIONS

Article 27. Effective Date

This Decree takes effect fifteen days after its publication in the Official Gazette and replaces Decree No. 44/2000/NĐ-CP dated September 1, 2000, issued by the Government regarding administrative penalties for violations in the field of pricing.

Article 28. Responsibility for Implementing the Decree

1. The Minister of Finance shall be responsible for guiding the implementation of this Decree.

2. Ministers, Heads of ministerial-level agencies, Heads of agencies under the Government, Chairpersons of provincial people's committees directly under the central government are responsible for implementing this Decree./.