Decree No. 25/2007/NĐ-CP on administrative penalties for violations in the national reserve sector

DECREE

Regulations on Administrative Sanctions for Violations in the National Reserve Sector

________________________________

THE GOVERNMENT

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

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

Based on the Ordinance on National Reserves dated April 29, 2004;

Considering the proposal of the Minister of Finance.

DECREE:

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

1. This Decree stipulates regulations on administrative sanctions for violations in the national reserve sector.

2. Administrative violations in the national reserve sector include:

a) Violations of regulations on using the national reserve fund in the form of money;

b) Violations of regulations on using the national reserve fund in the form of goods;

c) Violations of procedures and norms for storing national reserve goods;

d) Violations of regulations on methods of buying and selling national reserve goods;

đ) Violations of regulations on importing and exporting national reserve goods;

e) Violations of regulations on distributing and providing relief with national reserve goods;

g) Violations of regulations on receiving and distributing national reserve goods after they have been withdrawn from the national reserve warehouse (excluding single-use or sold national reserve goods);

h) Violations of regulations on payment, use of capital and fees for purchasing, selling, and storing national reserve goods;

i) Violations of material and technical infrastructure, warehouses for storing national reserve goods;

k) Obstructing national reserve activities;

l) Violations of regulations on trading, pledging, mortgaging, leasing, and illegal exploitation of assets belonging to the national reserve;

m) Violations of state secrets regulations in the national reserve sector.

Article 2. Applicability

1. This Decree stipulates the imposition of administrative sanctions for violations in the national reserve sector against individuals, agencies, organizations (hereinafter referred to collectively as individuals, organizations) who intentionally or negligently violate laws on national reserves that are not criminal offenses and must be subject to administrative sanctions according to this Decree.

2. For acts violating civil service regulations of officials and civil servants while performing their assigned tasks in the national reserve sector, they shall be handled according to the laws on officials and civil servants.

Article 3. Forms of administrative sanctions in the national reserve sector and measures to remedy consequences

1. For each act of administrative violation in the national reserve sector, the violator must bear one of the following main forms of administrative sanction:

a) To issue warnings;

b) Fine.

The maximum fine amount in the national reserve sector is 70,000,000 VND. The specific fine amount for a single act of administrative violation is the average of the fine range prescribed for that violation. In cases with mitigating circumstances, the fine amount may be reduced but not below the minimum of the fine range. In cases with aggravating circumstances, the fine amount may be increased but not exceed the maximum of the fine range.

2. In addition to the forms of sanctions prescribed in Clause 1 of this Article, violators may also be subject to one or more remedial measures as follows:

a) Compel restoration of the original condition of the national reserve warehouse and material and technical infrastructure;

b) Compel full compensation for the value of losses caused by the act of administrative violation;

c) Compel cessation of actions obstructing national reserve activities;

d) Compel compliance with storage procedures and norms within the specified time frame for national reserve goods;

đ) Compel proper storage of national reserve goods at locations designated by competent state authorities.

3. The level of compensation for losses of materials and goods in the national reserve is determined based on the market price of similar materials and goods at the time of compensation.

Article 4. Responsibilities for Coordinating Administrative Sanctions in the National Reserve Sector

To ensure that administrative sanctions in the national reserve sector are carried out promptly, fairly, and in accordance with the provisions of the law, individuals and organizations related to such matters have the responsibility to provide complete, timely, and accurate information and documents when requested by competent authorities.

Article 5. Statute of Limitations for Administrative Sanctions

1. The statute of limitations for imposing administrative sanctions in the national reserve sector is two years, calculated from the date the administrative violation was committed. If this period has passed, no sanction will be imposed, but measures to remedy consequences shall still be applied as stipulated in Clause 2, Article 3 of this Decree.

2. For individuals who have been indicted, prosecuted, or had a decision made to bring them to trial under criminal procedures, but subsequently received a decision to terminate the investigation or close the case, if their actions indicate administrative violations in the national reserve sector, they shall be subject to administrative sanctions. In this case, the statute of limitations for imposing administrative sanctions is three months, counted from the date the authority responsible for imposing administrative sanctions receives the decision to terminate the investigation or close the case and the case file on the violation.

3. Within the time limits specified in Clauses 1 and 2 of this Article, if individuals or organizations again commit administrative violations in the national reserve sector or intentionally evade or obstruct the imposition of sanctions, the statute of limitations for imposing administrative sanctions as stipulated in Clauses 1 and 2 of this Article shall not apply. The statute of limitations for imposing administrative sanctions shall be recalculated from the date of the new administrative violation or the date the evasive or obstructive behavior ceases.

Article 6. Circumstancesconcerning the classification and determination of state management authority in the field of crop productionNot Imposing Administrative Sanctions

Administrative sanctions shall not be imposed in cases prescribed in Clause 6, Article 3 of the Administrative Violation Handling Ordinance, and Article 4 of Decree No. 134/2003/NĐ-CP dated November 14, 2003, of the Government detailing the implementation of certain provisions of the Administrative Violation Handling Ordinance.

Chapter II:

ADMINISTRATIVE VIOLATIONS IN THE NATIONAL RESERVE SECTOR, FORMS AND AMOUNTS OF FINES

Article 7. Violations of Regulations on Using the National Reserve Fund in the Form of Money

1. A warning or a fine of VND 100,000 to VND 200,000 shall be imposed for failing to report the use of money from the national reserve fund to purchase national reserve goods as required.

2. A fine of VND 3,000,000 to VND 5,000,000 shall be imposed for failing to purchase national reserve goods when all conditions set forth in the decision of the competent state agency have been met.

3. A fine of VND 5,000,000 to VND 10,000,000 shall be imposed on any of the following violations:

a) Using the national reserve fund in the form of money for purposes other than those intended;      

b) Failing to remit the remaining amount after completing the purchase of national reserve goods according to the regulations of the competent state agency;

c) Failing to implement or implementing incorrectly the regulations governing the management of money withdrawn from the national reserve fund.

4. In addition to the monetary penalty, individuals and organizations violating the provisions of Clause 3 of this Article shall also be subject to remedial measures requiring full compensation for the value of losses caused by the administrative violation.

Article 8. Violations of Regulations on Using the National Reserve Fund in the Form of Goods

1. A fine of VND 1,000,000 to VND 3,000,000 shall be imposed for using national reserve goods for purposes other than those intended according to the decision of the competent state agency, with a value of VND 10,000,000 to VND 30,000,000.

2. A fine of VND 5,000,000 to VND 10,000,000 shall be imposed for using national reserve goods for purposes other than those intended according to the decision of the competent state agency, with a value of over VND 30,000,000 to VND 100,000,000.

3. A fine of VND 20,000,000 to VND 30,000,000 shall be imposed for using national reserve goods for purposes other than those intended according to the decision of the competent state agency, with a value of over VND 100,000,000 to VND 150,000,000.

4. A fine of VND 40,000,000 to VND 70,000,000 shall be imposed for using national reserve goods for purposes other than those intended according to the decision of the competent state agency, with a value of over VND 150,000,000.

5. In addition to the monetary penalty, individuals and organizations violating the provisions of Clauses 1, 2, 3, and 4 of this Article shall also be subject to remedial measures requiring full compensation for the value of losses caused by the administrative violation.

Article 9. Violation of procedures and regulations on the storage of national reserve goods

1. A warning or a fine from VND 100,000 to VND 200,000 shall be imposed for any of the following violations:

a) Failure to complete warehouse entry procedures for national reserve goods;

b) Failure to maintain records regarding the quality, quantity, and types of national reserve goods during the storage process;

c) Failure to submit regular and ad hoc reports related to the storage of national reserve goods.

2. A fine of between 3,000,000 VND and 5,000,000 VND shall be imposed for any of the following violations:

a) Failure to implement or improperly implementing the procedures and regulations on the storage of national reserve goods issued by competent state agencies;

b) Failure to comply with the prescribed storage period for national reserve goods;

c) Storing national reserve goods at locations not specified by competent state agencies.

3. A fine of VND 5,000,000 to VND 10,000,000 shall be imposed on any of the following violations:

a) Failure to implement or improperly implementing the procedures and regulations on the storage of national reserve goods issued by competent state agencies, resulting in damage to national reserve goods valued between VND 40,000,000 and VND 100,000,000;

b) Failure to comply with the prescribed storage period for national reserve goods, resulting in damage to national reserve goods valued between VND 40,000,000 and VND 100,000,000;

c) Storing national reserve goods at locations not specified by competent state agencies, resulting in damage to national reserve goods valued between VND 40,000,000 and VND 100,000,000.

4. A fine of from VND 20,000,000 to VND 30,000,000 shall be imposed for any of the following violations:

a) Failure to implement or improperly implementing the procedures and regulations on the storage of national reserve goods issued by competent state agencies, resulting in damage to national reserve goods valued between VND 100,000,000 and VND 150,000,000;

b) Failure to comply with the prescribed storage period for national reserve goods, resulting in damage to national reserve goods valued between VND 100,000,000 and VND 150,000,000;

c) Storing national reserve goods at locations not specified by competent state agencies, resulting in damage to national reserve goods valued between VND 100,000,000 and VND 150,000,000.

5. A fine from VND 40,000,000 to VND 70,000,000 shall be imposed for violations stipulated in Clauses 3 and 4 of this Article that result in damage valued at over VND 150,000,000.

6. In addition to fines, individuals and organizations violating the provisions stipulated in Clauses 2, 3, 4, and 5 of this Article shall also be subject to the following remedial measures:

a) Compelled to strictly follow the procedures, regulations, and storage periods for national reserve goods;

b) Compelled to store national reserve goods at locations specified by competent state agencies;

c) Compelled to fully compensate for the value of losses caused by administrative violations.

Article 10. Violation of regulations on methods of purchasing and selling national reserve goods

1. Impose a fine of from VND 1,000,000 to VND 3,000,000 for one of the following violations:

a) Failure to publicly announce or post information on participants in purchases and sales; methods of purchase and sale; purchase and sale prices; purchase and sale deadlines; quantities, types, specifications, standards, and quality of national reserve goods as prescribed by competent state agencies (except in cases where public announcement or posting is not permitted);

b) Purchasing or selling national reserve goods in quantities, types, specifications, standards, and quality not approved by competent state agencies.

2. A fine from VND 5,000,000 to VND 7,000,000 shall be imposed for any of the following violations:

a) Failure to implement or improperly implementing the regulations issued by competent state agencies on methods of purchase and sale for each type of national reserve goods;

b) Purchasing or selling national reserve goods without written approval from competent state agencies;

c) Continuing to purchase or sell national reserve goods after the purchase and sale period has expired.

3. In addition to fines, individuals and organizations violating the provisions stipulated in Clause 1 and 2 of this Article shall also be subject to the remedial measure of being compelled to fully compensate for the value of losses caused by administrative violations.

Article 11. Violation of regulations on importing and exporting national reserve goods

1. A fine of VND 500,000 to VND 2,000,000 shall be imposed for failing to perform or performing incorrectly the procedures for importing and exporting national reserve goods as prescribed.

2. A fine of VND 3,000,000 to VND 5,000,000 shall be imposed for importing or exporting national reserve goods that do not comply with the types, specifications, quantities, quality, time, and locations specified by competent state agencies.

3. A fine of VND 5,000,000 to VND 10,000,000 shall be imposed for importing or exporting national reserve goods without a decision from a competent state agency.

Article 12. Violation of regulations on distributing and providing relief with national reserve goods

1. A warning or a fine of VND 100,000 to VND 200,000 shall be imposed for failing to perform the distribution and relief procedures for national reserve goods within the prescribed time.

2. A fine of VND 1,000,000 to VND 3,000,000 shall be imposed for refusing to accept national reserve goods (national reserve goods exported for relief or to execute another task of a competent authority) when such goods meet all conditions as prescribed by a competent state agency.

3. A fine of VND 3,000,000 to VND 5,000,000 shall be imposed for delaying or postponing the distribution and provision of relief with national reserve goods as prescribed by a competent state agency.

4. A fine of VND 5,000,000 to VND 10,000,000 shall be imposed for any of the following violations:

a) Distributing or providing relief with national reserve goods to incorrect recipients as prescribed by a competent state agency, with a value of VND 40,000,000 to VND 100,000,000;

b) Causing loss of national reserve goods intended for distribution, relief, or to execute another task, with a value of VND 40,000,000 to VND 100,000,000;

c) Distributing or providing relief with national reserve goods that do not meet quality, type, quantity, standards, and specifications requirements, with a value of VND 40,000,000 to VND 100,000,000.

5. A fine of VND 20,000,000 to VND 30,000,000 shall be imposed for any of the following violations:

a) Distributing or providing relief with national reserve goods to incorrect recipients as prescribed by a competent state agency, with a value of over VND 100,000,000 to VND 150,000,000;

b) Causing loss of national reserve goods intended for distribution, relief, or to execute another task, with a value of over VND 100,000,000 to VND 150,000,000;

c) Distributing or providing relief with national reserve goods that do not meet quality, type, quantity, standards, and specifications requirements, with a value of over VND 100,000,000 to VND 150,000,000.

6. A fine of VND 40,000,000 to VND 70,000,000 shall be imposed for any of the violations stipulated in Clauses 4 and 5 of this Article causing damage valued at over VND 150,000,000.

7. In addition to the monetary fine, individuals and organizations committing violations stipulated in Clauses 4, 5, and 6 of this Article shall also be subject to measures to rectify the consequences and be required to compensate the full value of the damage caused by the administrative violation.

Article 13. Violation of regulations on receiving and distributing national reserve goods after their export from the national reserve warehouse (excluding single-use or sold national reserve goods)

1. A fine of VND 500,000 to VND 2,000,000 shall be imposed for any of the following violations:

a) Failing to receive national reserve goods according to the time and location specified by a competent state agency;

b) Failing to receive national reserve goods when such goods have met all transfer and receipt procedures and conditions as prescribed by a competent state agency;

c) Failing to perform or performing incorrectly the procedures and processes for receiving national reserve goods as prescribed;

d) Delivering goods incorrectly regarding quantity, type, specifications, standards, and quality as prescribed by a competent state agency.

2. A fine of from VND 2,000,000 to VND 3,000,000 for one of the following violations:

a) Distributing national reserve goods to incorrect recipients as prescribed by a competent state agency;

b) Distributing national reserve goods beyond authorized limits.

3. A fine of VND 3,000,000 to VND 5,000,000 shall be imposed for delaying or postponing the distribution of national reserve goods as prescribed by a competent state agency.

Article 14. Violations concerning payment, use of capital, fees for purchasing, selling, and storing national reserve goods

1. Impose a fine of from VND 1,000,000 to VND 3,000,000 for one of the following violations:

a) Payment before having a purchase or sale contract for national reserve goods;

b) Payment when goods do not meet the required standards, quality, or quantity; goods do not have complete invoices and supporting documents;

c) Payment before having a settlement record of the contract or a list of warehouse entry documents signed by the head of the unit in cases of direct purchases without bidding;

d) Payment before receiving approval from the head of the national reserve unit to make payments.

2. Imposing a fine from VND 1,000,000 to VND 3,000,000 for one of the following acts of violation:

a) Using import fees, export fees, and storage fees for national reserve goods exceeding the prescribed limits;

b) Using import fees, export fees, and storage fees for national reserve goods not in accordance with the intended purpose.

3. In addition to fines, individuals and organizations violating the provisions of Clause 2 of this Article shall also be subject to measures to remedy consequences, including being ordered to compensate for the full value of losses caused by administrative violations.

Article 15. Violations concerning material and technical infrastructure, warehouses for storing national reserve goods

1. Warning or a fine of VND 100,000 to VND 200,000 for unauthorized intrusion into the material and technical infrastructure, warehouses for storing national reserve goods.

2. A fine of VND 500,000 to VND 2,000,000 for intentionally tampering with the accuracy of measuring and testing equipment for the quality of national reserve goods.

3. A fine of VND 3,000,000 to VND 5,000,000 for damaging or destroying the material and technical infrastructure, warehouses for storing national reserve goods.

4. In addition to fines, individuals and organizations violating the provisions of Clauses 1, 2, and 3 of this Article shall also be subject to one of the following remedial measures:

a) Compel restoration of the original condition of the national reserve warehouse and material and technical infrastructure;

b) Being ordered to compensate for the full value of losses caused by administrative violations.

Article 16. Obstructing National Reserve Activities

1. Warning or a fine of VND 100,000 to VND 200,000 for any of the following violations that have not caused damage to national reserve goods:

a) Obstructing activities related to importing, exporting, and transporting national reserve goods;

b) Obstructing activities related to storing, preserving, and circulating national reserve goods;

c) Obstructing activities related to distributing, providing relief, or executing other tasks related to national reserves.

2. A fine of VND 5,000,000 to VND 10,000,000 for any of the following violations that have caused damage to national reserve goods:

a) Obstructing activities related to importing, exporting, and transporting national reserve goods;

b) Obstructing activities related to storing, preserving, and circulating national reserve goods;

c) Obstructing activities related to distributing, providing relief, or executing other tasks related to national reserves.

3. In addition to fines, individuals and organizations violating the provisions of Clause 2 of this Article shall also be subject to one of the following remedial measures:

a) Being ordered to cease obstructing national reserve activities;

b) Being ordered to compensate for the full value of losses caused by administrative violations.

Article 17. Violations concerning illegal business, pledging, mortgaging, leasing, and exploiting assets belonging to national reserves

1. A fine of VND 3,000,000 to VND 5,000,000 for illegally engaging in business, pledging, mortgaging, leasing, or exploiting assets belonging to national reserves, excluding storage facilities, with a value up to VND 70,000,000.

2. A fine of VND 5,000,000 to VND 10,000,000 for illegally engaging in business, pledging, mortgaging, leasing, or exploiting storage facilities for national reserve goods with a value up to VND 70,000,000.

3. A fine of VND 7,000,000 to VND 15,000,000 for violations under Clause 1 of this Article where the assets belonging to national reserves, excluding storage facilities, have a value from over VND 70,000,000 to VND 150,000,000.

4. A fine of VND 10,000,000 to VND 20,000,000 for violations under Clause 2 of this Article where the storage facilities for national reserve goods have a value from over VND 70,000,000 to VND 150,000,000.

5. A fine of VND 20,000,000 to VND 30,000,000 for violations under Clause 1 of this Article where the assets belonging to national reserves, excluding storage facilities, have a value from over VND 150,000,000.

6. A fine of VND 40,000,000 to VND 70,000,000 for violations under Clause 2 of this Article where the storage facilities for national reserve goods have a value from over VND 150,000,000.

7. In addition to fines, individuals and organizations violating the provisions of Clauses 1, 2, 3, 4, 5, and 6 of this Article shall also be subject to the following remedial measures:

a) Compel restoration of the original condition of the national reserve warehouse and material and technical infrastructure;

b) Being ordered to compensate for the full value of losses caused by administrative violations.

Article 18. Violations of state secrets regulations in the national reserve sector

1. Impose a fine of from VND 1,000,000 to VND 3,000,000 for one of the following violations:

a) Providing or disclosing the system and network of national reserve warehouses;

b) Providing or disclosing the warehouse protection plan for national reserves;

c) Providing or disclosing the implementation status of the national reserve plan and related data on the quantity, quality, and value of national reserve materials and goods annually;

d) Providing or disclosing the annual national reserve plan;

đ) Providing or disclosing data on the entry and exit of reserve materials and goods into warehouses and the final accounts of capital and fees for national reserves annually;

e) Providing or disclosing inspection and audit documents of national reserves at ministries and sectors managing national reserves that have not been published;

g) Providing or disclosing inventions, patents, useful solutions, and important trade secrets in the preservation of national reserve materials and goods that have not been published;

h) Losing, appropriating, or illegally destroying documents and data in the national reserve sector as specified in points a, b, c, d, đ, e, and g of Clause 1 of this Article.

2. A fine from VND 5,000,000 to VND 7,000,000 shall be imposed for any of the following violations:

a) Providing or disclosing the long-term national reserve plan;

b) Providing or disclosing absolute stock data of various types of national reserve materials and goods;

c) Losing, appropriating, or illegally destroying documents and data as specified in points a and b of Clause 2 of this Article.

3. Fine from 10,000,000 VND to 15,000,000 VND for any of the following violations:

a) Providing or disclosing information about national financial reserves (gold, silver, precious stones, rare metals, foreign currencies) that have not been published or are not to be published;

b) Providing or disclosing documents and data submitted to competent authorities regarding policies for building state budget estimates for the national reserve sector;

c) Losing, appropriating, or illegally destroying documents and data as specified in points a and b of Clause 3 of this Article.

Chapter III

AUTHORITY AND PROCEDURES FOR ADMINISTRATIVE PENALTY IN THE NATIONAL RESERVE SECTOR

Article 19. Authority for administrative penalty in the national reserve sector

1. Inspectors under the Ministry of Finance while performing their duties have the right:

a) To issue warnings;

b) To impose fines up to 200,000 dong;

c) To apply remedial measures as stipulated in points a, b, c, d, and đ of Clause 2 of Article 3 of this Decree;

d) To exercise the rights prescribed in Clause 2 of Article 46 and Clause 2 of Article 48 of the Administrative Violation Handling Ordinance.

2. The Director of the Inspectorate under the Ministry of Finance has the right:

a) To issue warnings;

b) To impose fines up to VND 70,000,000;

c) To apply remedial measures as stipulated in points a, b, c, d, and đ of Clause 2 of Article 3 of this Decree;

d) To exercise the rights prescribed in Clause 1 of Article 46 of the Administrative Violation Penalty Ordinance.

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 70,000,000 dong for administrative violations in the national reserve sector as stipulated in Articles 12, 13, 15, 16, and 18 of this Decree;

c) To apply remedial measures as stipulated in points a, b, c, d, and đ of Clause 2 of Article 3 of this Decree.

Article 20. Procedures for imposing penalties

1. The procedures and sequence for imposing administrative penalties in the national reserve sector shall be carried out according to the provisions of Articles 53, 54, 55, 56, 57, 58, 60, and 61 of the 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 according to current regulations.

Article 21. Enforcement of administrative penalty decisions and enforcement of administrative violation penalty decisions shall be carried out in accordance with the law.

Article 22. Transfer of administrative violation cases in the national reserve sector for criminal prosecution

When it is found that administrative violations in the national reserve sector have signs of criminal offenses, the authority with jurisdiction must immediately transfer the case file to the competent criminal investigation agency.

Chapter IV:

APPEALS, COMPLAINTS, REWARDS, AND VIOLATION HANDLING

Article 23. Complaints, reports, lawsuits; handling complaints and reports

1. Organizations and individuals subject to administrative penalties in the national reserve sector have the right to file complaints and initiate lawsuits against decisions on administrative penalties made by competent authorities. During the period awaiting resolution of complaints, organizations and individuals subject to administrative penalties in the national reserve sector must strictly comply with the administrative penalty decision issued by the competent state agency.

The handling of complaints, reports, and lawsuits shall be carried out in accordance with the laws on complaint and report resolution and the laws on administrative litigation procedures.

2. Citizens have the right to report to competent state agencies about violations in the national reserve sector and unlawful acts in the handling of administrative offenses according to the provisions of the laws on complaints and reports.

Article 24. Handling of violations

1. Competent authorities imposing administrative penalties in the national reserve sector who engage in harassment, tolerance, cover-up, failure to impose penalties, delayed imposition of penalties, inappropriate imposition of penalties, or imposition of penalties beyond their authority shall be subject to disciplinary action or criminal prosecution depending on the nature and severity of the violation; if damage is caused, they must provide compensation in accordance with the law.

2. Individuals subject to administrative penalties in the national reserve sector who obstruct, resist public officials performing their duties, or intentionally delay or evade implementation of administrative penalty decisions shall be subject to administrative penalties or criminal prosecution depending on the nature and severity of the violation.

Article 25. Awards

Individuals and organizations that achieve notable results in combating administrative offenses in the national reserve sector shall be rewarded under the general system of the State.

Chapter V:

IMPLEMENTING PROVISIONS

Article 26. Effective date

This Decree shall take effect fifteen days after its publication in the Official Gazette.

Article 27. Responsibility for Implementation

1. The Minister of Finance is responsible for implementing and 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./.