Circular No. 78/2012/TT-BTC guiding certain provisions of Government Decree No. 84/2011/NĐ-CP dated September 20, 2011 on administrative penalties for violations in the field of prices.

CIRCULAR

Guidelines for certain provisions of Decree No. 84/2011/NĐ-CP dated September 20, 2011 of the Government on administrative penalties in the field of pricing.

On administrative penalties for violations in the field of pricing.

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Based on the Pricing Ordinance No. 40/2002/PL-UBTVQH10 adopted by the Standing Committee of the National Assembly, Term X on April 26, 2002;

Based on the Administrative Violation Handling Ordinance No. 44/2002/PL-UBTVQH10 adopted by the National Assembly, Term X on July 2, 2002;

Based on the Ordinance No. 04/2008/PL-UBTVQH12 amending and supplementing certain articles of the Administrative Violation Handling Ordinance adopted by the Standing Committee of the National Assembly, Term XII on April 2, 2008;

Based on Decree No. 170/2003/NĐ-CP dated December 25, 2003 of the Government detailing the implementation of certain articles of the Pricing Ordinance;

Based on Decree No. 101/2005/NĐ-CP dated August 3, 2005 of the Government on price appraisal;

Based on Decree No. 75/2008/NĐ-CP dated June 9, 2008 of the Government amending and supplementing certain articles of Decree No. 170/2003/NĐ-CP dated December 25, 2003 of the Government detailing the implementation of certain articles of the Pricing Ordinance;

Pursuant to the Decree No. 118/2008/NĐ-CP dated November 27, 2008 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Finance;

Based on Decree No. 128/2008/NĐ-CP dated December 16, 2008 of the Government detailing the implementation of certain articles of the Administrative Violation Handling Ordinance 2002 and the Ordinance amending and supplementing certain articles of the Administrative Violation Handling Ordinance 2008;

Based on Decree No. 84/2011/NĐ-CP dated September 20, 2011 of the Government on administrative penalties for violations in the field of pricing;

Considering the proposal of the Director of the Price Management Department, the Minister of Finance issues this Circular to guide certain provisions of Decree No. 84/2011/NĐ-CP dated September 20, 2011 of the Government on administrative penalties for violations in the field of pricing,

Section 1

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Circular guides certain provisions of Decree No. 84/2011/NĐ-CP dated September 20, 2011 of the Government on administrative penalties for violations in the field of pricing (hereinafter referred to as Decree No. 84/2011/NĐ-CP), providing specific guidance on certain acts of administrative violations in the field of pricing (including pricing and price appraisal violations), penalty levels, penalty authority, collection and use procedures for fines imposed for administrative violations in the field of pricing.

Article 2. Applicability

1. State management agencies with authority, persons assigned by state management agencies with authority to impose administrative penalties in the field of pricing.

2. Organizations and individuals who commit violations of laws in the field of pricing that do not reach the level of criminal prosecution.

Article 3. Cases where administrative penalties in the field of pricing shall not be imposed

1. If a state agency promulgates a legal document in the field of pricing beyond its authority, the improperly issued document will be handled according to the law on promulgating legal normative documents; the person signing the document beyond their authority will be dealt with according to the law on cadres and civil servants.

2. The time limit for imposing administrative penalties has expired as provided for in Article 5 of Decree No. 84/2011/NĐ-CP.

3. If an administrative violation in the field of pricing indicates a crime, the file will be transferred to the competent authority for criminal proceedings according to the law on criminal matters.

4. Cases where administrative violations shall not be handled according to the law on handling administrative violations.

Article 4. Application of principles for administrative penalty

The application of principles for administrative penalty in the field of prices shall be carried out according to the principles of administrative penalty stipulated in Article 3 of Decree No. 84/2011/ND-CP and guided as follows:

1. Individuals and organizations that commit acts of administrative violation in the field of prices shall be subject to penalties in accordance with the provisions of Decree No. 84/2011/ND-CP. In cases where acts of administrative violation in the field of prices are not specified in Decree No. 84/2011/ND-CP, the provisions of other Government Decrees on administrative penalties in related fields of state management shall be applied.

2. When issuing decisions on administrative penalties against individuals and organizations that violate the law, the authorized authority must base its decision on the nature and degree of the violation, aggravating and mitigating circumstances as prescribed in Article 4 of Decree No. 84/2011/ND-CP.

3. If one act of violation is committed by the same individual or organization at the same time involving multiple types of goods and services, it shall only be penalized once. Individuals and organizations committing multiple acts of administrative violation in the field of prices shall be penalized for each separate act of violation. If multiple individuals and organizations jointly commit one act of administrative violation in the field of prices, each individual and organization involved in the violation shall be penalized.

4. In cases where one act of violation in the field of prices is the result of another act of violation within the same field, only the act of violation with the heaviest penalty shall be penalized.

Article 5. Application of laws on administrative penalties

Principles for penalizing and handling minors who commit administrative violations; calculation of time limits and statute of limitations in administrative penalties in the field of prices; procedures for recording administrative violations, issuing decisions on administrative penalties; procedures for imposing fines and collecting fines; procedures for confiscation and handling of evidence and means of administrative violations; enforcement of decisions on administrative penalties; suspension of enforcement of fine decisions, compulsory execution of decisions on administrative penalties, and transfer of decisions on administrative penalties in the field of prices shall be implemented in accordance with the laws on administrative violations and Decree No. 37/2005/ND-CP dated March 18, 2005 of the Government on procedures for applying coercive measures to enforce decisions on administrative penalties.

Administrative penalty records, inspection records, decisions on administrative penalties regarding prices, decisions on temporary detention of evidence and means of administrative violations, records of temporary detention of evidence and means of administrative violations, decisions on compulsory execution of administrative penalty decisions regarding prices shall be carried out according to Model No. 01, Model No. 02, Model No. 03, Model No. 04, Model No. 05, and Model No. 06 issued together with this Circular.

Section 2

SPECIFIC PROVISIONS

Article 6. Violations of price stabilization regulations

1. The act of failing to report or reporting incorrectly as required by the competent state management agency under Clause 1, Article 9 of Decree No. 84/2011/ND-CP is the act of failing to report, reporting late, or reporting incompletely and inaccurately about the results of production and business operations, factors forming prices, selling prices of goods and services included in the list of goods and services for price stabilization, registered prices, declared prices, and lists of assets, goods, and services priced by the State according to current laws or as required in writing by the competent state management agency.

2. Measures for price stabilization stipulated in Clause 2, Article 9 of Decree No. 84/2011/ND-CP are provided for in:

a) Clause 3, Article 1 of Decree No. 75/2008/ND-CP dated June 9, 2008 of the Government amending and supplementing some articles of Decree No. 170/2003/ND-CP dated December 25, 2003 of the Government detailing the implementation of certain articles of the Price Law.

b) Clause 3, Article 2 of Circular No. 122/2010/TT-BTC dated August 12, 2010 of the Ministry of Finance amending and supplementing Circular No. 104/2008/TT-BTC dated November 13, 2008 of the Ministry of Finance guiding the implementation of Decree No. 170/2003/ND-CP dated December 25, 2003 of the Government detailing the implementation of certain articles of the Price Law and Decree No. 75/2008/ND-CP dated June 9, 2008 of the Government amending and supplementing some articles of Decree No. 170/2003/ND-CP dated December 25, 2003 of the Government detailing the implementation of certain articles of the Price Law.

3. The act of violating the regulations on the establishment and use of the Stabilization Fund stipulated in Clause 3, Article 9 of Decree No. 84/2011/ND-CP is the act of failing to establish the Stabilization Fund when required by law, establishing the Stabilization Fund inadequately, violating the management of the Stabilization Fund, and using the Stabilization Fund contrary to current legal regulations.

Article 7. Application of measures to remedy consequences for acts of non-compliance with prices determined by competent authorities

1. The amount of price difference that organizations and individuals obtain due to non-compliance with prices prescribed by competent authorities, as stipulated at point a, Clause 5, Article 12 of Decree No. 84/2011/ND-CP, shall be calculated as follows:

- The amount of price difference from selling goods or services at a higher price than the specific price, maximum price within the price range, standard price, or price limit set by competent authorities multiplied (x) by the quantity of goods or services sold; or:

- The amount of price difference from purchasing goods or services at a lower price than the minimum price or minimum price within the price range set by competent authorities multiplied (x) by the quantity of goods or services purchased.

2. The amount of loss suffered by organizations and individuals selling goods or services at a higher price than the prescribed price, as stipulated at point b, Clause 5, Article 12 of Decree No. 84/2011/ND-CP, shall be calculated as the product of the price difference between the specific price or maximum price within the standard price range or price limit set by competent authorities and the quantity of goods or services sold at a price higher than the corresponding price prescribed by competent authorities.

3. In cases where the remedial measures specified at point b, Clause 5, Article 12 of Decree No. 84/2011/ND-CP have been applied, the remedial measures specified at point a, Clause 5, Article 12 of Decree No. 84/2011/ND-CP will not be applied.

4. Relevant costs associated with the repayment of amounts by organizations and individuals violating the provisions stipulated at point c, Clause 5, Article 12 of Decree No. 84/2011/ND-CP include reasonable and valid expenses according to the law.

Article 8. Violations in establishing pricing plans for goods and services

Establishing pricing plans for goods and services listed in the State's pricing and price stabilization list without complying with the Pricing Regulation guidelines prescribed by competent authorities under Clause 1, Article 13 of Decree No. 84/2011/ND-CP includes acts of failing to apply pricing bases, determining incorrect price levels due to non-compliance with the Pricing Regulation guidelines.

Article 9. Violations in special business activities subject to conditions as provided by the Government

1. Special business activities subject to conditions as provided by the Government, as stipulated in Article 14 of Decree No. 84/2011/ND-CP, refer to business activities involving items for which the Government has established business conditions.

2. Application of supplementary penalties:

a) Organizations and individuals who violate the provisions stipulated in Clause 1 or Clause 2 of Article 14 of Decree No. 84/2011/ND-CP two times or more and have three aggravating circumstances or more, except for the aggravating circumstance stipulated at point b, Clause 2, Article 4 of Decree No. 84/2011/ND-CP, in addition to being fined according to regulations, shall also have their right to use business condition certificates, supply certificates for goods and services, and various business licenses of production, business, and service supply organizations and individuals suspended for a period of twelve months according to the law.

b) Organizations and individuals who commit both violations stipulated in Clause 1 and Clause 2 of Article 14 of Decree No. 84/2011/ND-CP and have two aggravating circumstances or more, in addition to being fined, shall also have their right to use business condition certificates, supply certificates for goods and services, and various business licenses of production, business, and service supply organizations and individuals revoked indefinitely according to the law.

Article 10. Acts of violation related to price registration and declaration of goods and services

1. The act of not publicly disclosing the price level registered or declared by organizations or individuals as stipulated in Clause 1, Article 15 of Decree No. 84/2011/NĐ-CP is an act that does not implement any form of public disclosure regarding the registered or declared price level after the registered or declared price becomes effective. Forms of public disclosure include press conferences, publication on mass media, price display according to regulations, or other forms of public disclosure as prescribed by law in the field of prices.

2. The act of establishing price forms and levels for price declaration as stipulated in Clause 2, Article 15 of Decree No. 84/2011/NĐ-CP which does not comply with the guidance on Pricing Regulations prescribed by competent state agencies includes the following acts:

a) Not declaring all types of prices of goods and services such as import prices, wholesale prices, retail prices, recommended retail prices as prescribed by law in the field of prices.

b) Not clearly stating the specifications, quality, and origin of products.

c) Providing false information about the reasons for increasing or decreasing the declared price of each item.

3. The act of establishing price levels for price registration which does not comply with the guidance on Pricing Regulations prescribed by competent agencies as stipulated in Clause 3, Article 15 of Decree No. 84/2011/NĐ-CP includes the following acts:

a) Not complying with the provisions on principles and methods of pricing assets, goods, and services as prescribed in Circular No. 154/2010/TT-BTC dated October 1, 2010, issued by the Ministry of Finance on Pricing Regulations for Assets, Goods, and Services; using incorrect bases for pricing; adjusting prices and allocating costs not in accordance with the guidance in the Pricing Regulations.

b) Using false, inaccurate information without verification of the accuracy of the information used.

4. The act of not declaring prices as prescribed by law on goods and services to competent state management agencies as stipulated in Clause 4, Article 15 of Decree No. 84/2011/NĐ-CP is the act of not submitting the Price Declaration Form to the state agency for initial price declaration or re-declaration before increasing or decreasing the price compared to the previous declared price, or when requested in writing by the competent state management agency to re-declare the price.

5. The act of not registering prices as prescribed by law on goods and services to competent state management agencies as stipulated in Clause 5, Article 15 of Decree No. 84/2011/NĐ-CP is the act of not submitting the Price Registration Form to the state agency for initial price registration or re-registration before increasing or decreasing the price compared to the previous registered price, or when requested in writing by the competent state management agency to re-register the price.

Application of supplementary sanctions:

Organizations and individuals who commit administrative violations as stipulated in Article 15 of Decree No. 84/2011/NĐ-CP, in addition to being fined as prescribed, shall also be subject to the following supplementary sanctions:

a) Decision to suspend the implementation of the selling price of goods and services by organizations or individuals as stipulated when registering or declaring unreasonable prices not in compliance with the guidance on Pricing Regulations prescribed by competent agencies.

b) Revocation of the business operation qualification certificate and various business licenses issued for a period of twelve months in cases where:

- There have been three violations of the provisions stipulated in Clause 2 or Clause 3, Article 15 of Decree No. 84/2011/NĐ-CP and there are two aggravating circumstances or more, except for the aggravating circumstance prescribed at point b, Clause 2, Article 4 of Decree No. 84/2011/NĐ-CP.

- There have been three violations of the provisions stipulated in Clause 4 or Clause 5, Article 15 of Decree No. 84/2011/NĐ-CP and there is one aggravating circumstance or more, except for the aggravating circumstance prescribed at point b, Clause 2, Article 4 of Decree No. 84/2011/NĐ-CP.

c) Revocation of the business operation qualification certificate and various business licenses issued indefinitely in cases where:

- There have been four or more violations of the provisions stipulated in Clause 2 or Clause 3, Article 15 of Decree No. 84/2011/NĐ-CP and there are two aggravating circumstances or more, except for the aggravating circumstance prescribed at point b, Clause 2, Article 4 of Decree No. 84/2011/NĐ-CP.

- There have been four or more violations of the provisions stipulated in Clause 4 or Clause 5, Article 15 of Decree No. 84/2011/NĐ-CP and there are two aggravating circumstances or more, except for the aggravating circumstance prescribed at point b, Clause 2, Article 4 of Decree No. 84/2011/NĐ-CP.

Article 11. Acts of Violating Price Display for Goods and Services

1. Acts of violating price display for goods and services shall be applied to entities required to display prices. Entities required to display prices are organizations and individuals engaged in production and business activities within the territory of Vietnam who must implement the display of wholesale prices, retail prices, and recommended retail prices that are consistent with the standards, quality, and quantity of each type of goods and services at the following locations:

a) Production and business establishments (with transaction counters and product sales).

b) Supermarkets, shopping centers, markets regulated by law, stores, shops, kiosks, and stalls that conduct goods sales and service provision.

c) Trade fairs and exhibitions that sell goods.

2. Forms of price display:

a) The currency for price display is the Vietnamese Dong.

b) Organizations and individuals selling wholesale goods and services must display wholesale prices that include all types of taxes, fees, and charges (if applicable) for each type of goods and services by publicly announcing specific price levels on boards (including electronic boards), on paper, through placement, setting, hanging, or posting at convenient transaction points for customer observation and recognition, through mail notifications or placing on the internet.

c) Organizations and individuals selling retail goods and services must display prices that include all types of taxes, fees, and charges (if applicable) by publicly announcing at transaction points using boards (including electronic boards), cards, shelves, product packaging, or directly on products for each specific item, or on the internet, in a manner convenient for customer observation and recognition.

d) Organizations and individuals providing content services over mobile information networks, the internet must display service rates in the following ways:

- Television: Must provide rate information throughout the advertising period, rate information must remain stationary and not scroll or move. The size and height of the rate information must be at least 1/5 the height of the screen (or at least half the syntax height).

- Voice news: After completing a text message command to any number, immediate rate information must be provided to users, for example, after advertising ringtone downloads to a number, rate information must be provided, after advertising lottery results from a number, rate information must be provided.

- Online news: Must provide rate information at any location where there is advertising for text message commands to numbers.

- Written news: Must provide rate information for each service and each number with a minimum font height and width of 1.5 mm.

- When a user attempts to download a service product through software installed on a mobile phone, that software must specifically provide the rate information that the user will have to pay if they perform functions to download information or services from a number.

- Service rates must be announced by the program host introducing the service.

3. The penalty for acts of violating price display for goods and services shall be implemented according to Article 16 of Decree No. 84/2011/NĐ-CP.

4. The level of penalties is specified as follows:

a) Warning penalty for organizations and individuals committing violations for the first time if they fail to display prices or display prices incorrectly, unclearly causing confusion for customers. In this case, the first violation is the first time the violation is discovered and recorded in a violation report or inspection conclusion.

b) A fine of VND 1,250,000 for organizations and individuals repeatedly committing violations or committing violations two times or more without displaying prices or displaying prices incorrectly for goods and services required to be displayed.

In cases with mitigating or aggravating circumstances, the level of penalties is as follows:

- If there is one or more mitigating circumstances, the fine amount is VND 500,000;

- If there is one or more aggravating circumstances, except for the aggravating circumstance stipulated in Point b, Clause 2, Article 4 of Decree No. 84/2011/NĐ-CP, the fine amount is VND 2,000,000.

c) A fine of VND 3,500,000 for organizations and individuals selling goods or collecting service fees higher than the displayed price.

In cases with mitigating or aggravating circumstances, the level of penalties is as follows:

- If there is one or more mitigating circumstances, the fine amount is VND 2,000,000;

- If there is one or more aggravating circumstances, the fine amount is VND 5,000,000.

d) A fine of VND 7,500,000 for organizations and individuals violating the price display requirement, selling at a higher price than the displayed price for goods and services listed in the price stabilization list, goods and services listed in the restricted business list or conditional business list, or goods and services at locations designated by competent state agencies to require price display.

In cases with mitigating or aggravating circumstances, the level of penalties is as follows:

- If there is one or more mitigating circumstances, the fine amount is VND 5,000,000;

- If there is one or more aggravating circumstances, the fine amount is VND 10,000,000.

Article 12. Excessive Price Increase Actions

1. The act of increasing prices according to registered or declared prices with competent state management agencies, but where such agencies have issued documents requesting explanations for the registered or declared price levels or requesting suspension of application of new price levels and re-registration or re-declaration of the prescribed price levels under Point b Clause 1 Article 17 Decree No. 84/2011/ND-CP, including:

a) Continuing to implement price increases according to registered or declared prices with competent state management agencies in cases where the deadline for explaining the registered or declared prices has expired without receiving a written explanation from the competent state agency as required.

The explanation period is stipulated in the Decision of the Ministry of Finance on the issuance of the price registration and declaration procedures. The explanation period is calculated based on the postmark date of the explanation document or the date recorded on the written request for explanation from the competent state management agency in cases where there is no postmark.

b) Continuing to implement price increases according to registered or declared prices with competent state management agencies despite requests from competent state agencies to suspend the application of new price levels or to re-register or re-declare the price levels.

2. The total value of goods and services sold at excessive prices serving as the basis for applying fines shall be calculated as the product of the actual selling price of the entity implementing the price increase according to the registered or declared prices that have not been approved for implementation by the competent authority multiplied by the total quantity of goods and services sold at increased prices up to the time of imposing the administrative penalty.

3. The level of fine is specified as follows:

a) A fine of VND 750,000 for the price increase actions stipulated in Clause 1, Article 17 Decree No. 84/2011/ND-CP.

In cases where there are mitigating circumstances or aggravating circumstances, the level of fine is as follows:

- If there is one mitigating circumstance or more, the fine is: VND 500,000;

- If there is one aggravating circumstance or more, the fine is: VND 1,000,000.

b) A fine of VND 2,000,000 for the price increase actions stipulated in Clause 2, Article 17 Decree No. 84/2011/ND-CP.

In cases with mitigating or aggravating circumstances, the level of penalties is as follows:

- If there is one mitigating circumstance or more, the fine is: VND 1,000,000;

- If there is one aggravating circumstance or more, the fine is: VND 3,000,000.

c) A fine of VND 4,000,000 for the price increase actions stipulated in Clause 3, Article 17 Decree No. 84/2011/ND-CP.

In cases with mitigating or aggravating circumstances, the level of penalties is as follows:

- If there is one mitigating circumstance or more, the fine is: VND 3,000,000;

- If there is one aggravating circumstance or more, the fine is: VND 5,000,000.

d) A fine of VND 6,000,000 for the price increase actions stipulated in Clause 4, Article 17 Decree No. 84/2011/ND-CP.

In cases with mitigating or aggravating circumstances, the level of penalties is as follows:

- If there is one mitigating circumstance or more, the fine is: VND 5,000,000;

- If there is one aggravating circumstance or more, the fine is: VND 7,000,000.

đ) A fine of VND 8,500,000 for the price increase actions stipulated in Clause 5, Article 17 Decree No. 84/2011/ND-CP.

In cases with mitigating or aggravating circumstances, the level of penalties is as follows:

- If there is one mitigating circumstance or more, the fine is: VND 7,000,000;

- If there is one aggravating circumstance or more, the fine is: VND 10,000,000.

e) A fine of VND 12,500,000 for the price increase actions stipulated in Clause 6, Article 17 Decree No. 84/2011/ND-CP.

In cases with mitigating or aggravating circumstances, the level of penalties is as follows:

- If there is one mitigating circumstance or more, the fine is: VND 10,000,000;

- If there is one aggravating circumstance or more, the fine is: VND 15,000,000.

g) A fine of VND 17,500,000 for the price increase actions stipulated in Clause 7, Article 17 Decree No. 84/2011/ND-CP.

In cases with mitigating or aggravating circumstances, the level of penalties is as follows:

- If there is one mitigating circumstance or more, the fine is: VND 15,000,000;

- If there is one aggravating circumstance or more, the fine is: VND 20,000,000.

4. Additional penalties shall be applied:

Organizations and individuals committing violations as stipulated in Article 17 Decree No. 84/2011/ND-CP, in addition to being fined according to the provisions, will also be subject to supplementary penalties as follows:

a) Revocation of the business operation qualification certificate and various business licenses issued for a period of twelve months for organizations and individuals who commit excessive price increase violations three times or more, and repeat offenses, while also having aggravating circumstances, except for the aggravating circumstances stipulated in Point b, Clause 2, Article 4 Decree No. 84/2011/ND-CP.

b) Revocation of the business operation qualification certificate and various business licenses issued indefinitely for organizations and individuals who commit excessive price increase violations four times or more, and also have aggravating circumstances, except for the aggravating circumstances stipulated in Point b, Clause 2, Article 4 Decree No. 84/2011/ND-CP.

5. Measures to remedy consequences:

Organizations and individuals committing violations as stipulated in Article 17 Decree No. 84/2011/ND-CP, in addition to being fined according to the provisions, will also be subject to measures to rectify consequences, which include confiscation and submission to the state budget of the proceeds from the violation. The collection and submission of fines shall be carried out in accordance with Article 19 of this Circular.

The proceeds from the violation for the actions violating Article 17 Decree No. 84/2011/ND-CP are the difference between the total value of goods and services sold at excessive prices and the total value of goods and services sold at registered or declared prices that have been approved for implementation by the competent state agency prior to the violation.

Article 13. Acts of disseminating false information about the market, prices of goods and services

1. Acts of disseminating false information about the market, prices of goods and services shall be punished according to the provisions of Article 18 of Decree No. 84/2011/NĐ-CP. The specific levels of punishment are stipulated as follows:

a) Warning for organizations and individuals who violate for the first time by fabricating, spreading, or disseminating false information about the market situation, prices of goods and services causing public panic and market instability, and having two mitigating circumstances.

b) A fine of VND 750,000 for individuals who fabricate, spread, or disseminate false information about the market situation, prices of goods and services causing public panic and market instability.

In cases with mitigating or aggravating circumstances, the level of penalties is as follows:

- If there is one mitigating circumstance or more, the fine is: VND 500,000;

- If there is one aggravating circumstance or more, the fine is: VND 1,000,000.

c) A fine of VND 3,000,000 for individual businesses that fabricate, spread, or disseminate false information about the market situation, prices of goods and services causing public panic and market instability.

In cases with mitigating or aggravating circumstances, the level of penalties is as follows:

- If there is one mitigating circumstance or more, the fine is: VND 1,000,000;

- If there is one aggravating circumstance or more, the fine is: VND 5,000,000.

d) A fine of VND 7,500,000 for enterprises that fabricate, spread, or disseminate false information about the market situation, prices of goods and services causing public panic and market instability.

In cases with mitigating or aggravating circumstances, the level of penalties is as follows:

- If there is one mitigating circumstance or more, the fine is: VND 5,000,000;

- If there is one aggravating circumstance or more, the fine is: VND 10,000,000.

đ) A fine of VND 15,000,000 for mass media agencies and related organizations that fabricate, spread, or disseminate false information about the market situation, prices of goods and services through mass media such as print newspapers, radio, television, online news, or other informational publications causing public panic and market instability.

In cases with mitigating or aggravating circumstances, the level of penalties is as follows:

- If there is one mitigating circumstance or more, the fine is: VND 10,000,000;

- If there is one aggravating circumstance or more, the fine is: VND 20,000,000.

2. Application of additional penalties.

Organizations and individuals who commit violations as prescribed in Clause 2 and Clause 3 of Article 18 of Decree No. 84/2011/NĐ-CP, in addition to being fined according to the regulations, will also be subject to the following additional penalties:

a) Revocation of the business condition certificate and various types of business licenses issued for a period of twelve months for units that have violated three times or more and have at least two aggravating circumstances, except for the aggravating circumstance prescribed in point b, Clause 2, Article 4 of Decree No. 84/2011/NĐ-CP.

b) Permanent revocation of the business condition certificate and various types of business licenses issued for units that have violated four times or more and have at least two aggravating circumstances, except for the aggravating circumstance prescribed in point b, Clause 2, Article 4 of Decree No. 84/2011/NĐ-CP.

3. Application of measures to remedy consequences.

Organizations and individuals who commit violations as prescribed in Article 8 of Decree No. 84/2011/NĐ-CP, in addition to being fined according to the regulations, will also be subject to the following remedial measures:

a) Compel correction of information for violations under Clause 2, Clause 3, and Clause 4 of Article 18 of Decree No. 84/2011/NĐ-CP through mass media and the electronic information portal of the Ministry of Finance or the Department of Finance where the administrative violation occurred.

b) Compel destruction or confiscation and destruction of publications containing incorrect information for violations prescribed in Clause 4 of Article 18 of Decree No. 84/2011/NĐ-CP. All costs for destroying these publications shall be borne by the unit or individual committing the violation.

Article 14. Administrative penalties for appraisal enterprises regarding appraisal certification

1. The act of not providing the appraisal certification and not providing the report on the appraisal results as required by the competent state agency pursuant to Clause 6, Article 19 of Decree No. 84/2011/ND-CP is the act of not providing the appraisal certification and not providing the report on the appraisal results within five days from the date the deadline for providing the appraisal certification and the report on the appraisal results expires, as requested by the competent state management agency.

Clause 6, Article 19 of Decree No. 84/2011/ND-CP shall be applied when the competent state agency has a written request for the appraisal enterprise to provide the appraisal certification and the report on the appraisal results that the appraisal enterprise has already performed, and these documents are still within the mandatory period for retaining appraisal-related files and documents as prescribed by law. The requested materials may be used for purposes such as: re-evaluating the appraisal results of the appraisal enterprise; collecting materials to serve inspection and supervision activities; collecting evidence for trial of disputes; collecting materials to serve the construction and improvement of regulatory documents; other purposes as prescribed by law.

2. The competent state management agency that issues the final re-appraisal result as stipulated in Clause 7, Article 19 of Decree No. 84/2011/ND-CP is the Ministry of Finance. This result is issued when resolving disputes, complaints and denunciations or conducting regular or extraordinary inspections and supervision of appraisal activities.

3. The provision on the act of not establishing a professional risk reserve fund as stipulated in Clause 9, Article 19 of Decree No. 84/2011/ND-CP shall apply when the enterprise does not purchase professional liability insurance while also not establishing a professional risk reserve fund as prescribed by the law on appraisal.

4. Supplementary penalties shall be applied.

An appraisal enterprise that violates the provisions of Article 19 of Decree No. 84/2011/ND-CP, in addition to being fined, shall also be subject to the following supplementary penalties:

a) Revocation of the announcement of the enterprise having the necessary conditions to operate appraisal services published by the Ministry of Finance for the year in which the penalty is imposed, in the case of:

- Violation of the provisions of Clause 1, Clause 2, Clause 4, Clause 5, Clause 6, or Clause 9 of Article 19 of Decree No. 84/2011/ND-CP and there is one aggravating circumstance.

- Violation of the provisions of Clause 3 or Clause 8 of Article 19 of Decree No. 84/2011/ND-CP.

b) Revocation of the announcement of the enterprise having the necessary conditions to operate appraisal services published by the Ministry of Finance for the year in which the penalty is imposed, and not being announced as having the necessary conditions to operate appraisal services for the subsequent consecutive year, in the case of:

- Violation of the provisions of Clause 1, Clause 2, Clause 4, Clause 5, Clause 6, or Clause 9 of Article 19 of Decree No. 84/2011/ND-CP and there are two or more aggravating circumstances.

- Violation of the provisions of Clause 3 or Clause 8 of Article 19 of Decree No. 84/2011/ND-CP and there is one or more aggravating circumstances.

- Violation of the provisions of Clause 7 of Article 19 of Decree No. 84/2011/ND-CP.

5. Measures to remedy consequences shall be applied.

a) An appraisal enterprise that violates the provisions of Clause 7 of Article 19 of Decree No. 84/2011/ND-CP shall be ordered to compensate the customer the amount of difference caused by administrative violations.

The amount of difference caused by administrative violations is the cost of hiring appraisal service based on the appraisal service contract and other losses suffered by the customer as determined by the competent state management agency.

b) An appraisal enterprise that violates the provisions of Clause 9 of Article 19 of Decree No. 84/2011/ND-CP shall also be ordered to establish a professional risk reserve fund or be required to purchase professional liability insurance as prescribed by law.

Article 15. Administrative penalties for violations related to price appraisal by appraisers.

1. Some administrative violations prescribed in Clause 1, Article 20 of Decree No. 84/2011/ND-CP are specified as follows:

a) The act of not complying with the price appraisal procedures stipulated in Clause 1, Article 20 of Decree No. 84/2011/ND-CP is the act of not complying with the price appraisal procedures prescribed in the Vietnamese Appraisal Standards and other specialized legal documents in the field of prices.

b) The act of not complying with the price appraisal methods guided in the Vietnamese Appraisal Standards and other specialized legal documents in the field of prices, or international appraisal standards recognized by the Ministry of Finance as prescribed in Clause 1, Article 20 of Decree No. 84/2011/ND-CP is the act of not complying with the prescribed price appraisal methods leading to distortion of the appraisal results.

Price appraisal methods are prescribed in the Vietnamese Appraisal Standards and other specialized legal documents in the field of prices; in cases where the Vietnamese Appraisal Standards have not provided guidance, the International Valuation Standards Council (IVSC) Standards and Guidelines shall be implemented; in cases where the IVSC has not provided guidance, the ASEAN Appraisal Association (AVA) guidelines and those of other international appraisal organizations recognized by the Ministry of Finance shall be followed.

2. The act of renting or lending the Appraiser Card to organizations or individuals to establish a price appraisal business as prescribed in Clause 2, Article 20 of Decree No. 84/2011/ND-CP is the act of the price appraiser renting or lending the card to enable such organizations or individuals to register a business license with competent state management agencies for the business of price appraisal, while in reality, they do not practice price appraisal at the enterprise.

3. The act of renting or lending the Appraiser Card to price appraisal enterprises to enable state management agencies to announce that such enterprises meet the conditions for practicing price appraisal as prescribed in Clause 3, Article 20 of Decree No. 84/2011/ND-CP is the act of the price appraiser registering to practice price appraisal at a price appraisal enterprise to enable the enterprise to meet the conditions for having price appraisers and to be announced by state management agencies as meeting the conditions for practicing price appraisal, while the price appraiser does not actually practice price appraisal at the enterprise.

4. Additional penalties shall be applied:

In addition to fines, violators of administrative regulations on price appraisal shall also be subject to the following supplementary sanctions:

a) Removal from the list of qualified price appraisers published by the Ministry of Finance for the following acts:

- The act of not complying with the price appraisal procedures prescribed in Clause 1, Article 20 of Decree No. 84/2011/ND-CP and having one aggravating circumstance;

- The act of not complying with the price appraisal methods prescribed in Clause 1, Article 20 of Decree No. 84/2011/ND-CP and having one aggravating circumstance.

b) Removal from the list of qualified price appraisers published by the Ministry of Finance for the year in which the penalty is imposed and prohibition from registering to practice price appraisal in the following consecutive year for the following acts:

- The act of not complying with the price appraisal procedures prescribed in Clause 1, Article 20 of Decree No. 84/2011/ND-CP and having two or more aggravating circumstances;

- The act of not complying with the price appraisal methods prescribed in Clause 1, Article 20 of Decree No. 84/2011/ND-CP and having two or more aggravating circumstances;

- The act of disclosing information about the client and the asset being appraised that the appraiser knows during the course of their work, except when authorized by the client or permitted by law;

- The act of accepting any amount of money or other benefits from organizations or individuals seeking price appraisal beyond the agreed service fee in the contract;

- The act of registering to practice price appraisal simultaneously for two or more price appraisal enterprises;

- The act of practicing price appraisal simultaneously for two or more price appraisal enterprises;

c) Suspension of the right to use the Appraiser Card for twelve (12) months, and removal from the list of qualified price appraisers published by the Ministry of Finance for the year in which the administrative violation is discovered for the following acts:

- Acts prescribed in point b, Clause 4, Article 15 of this Circular if there is an additional aggravating circumstance;

- The act of colluding with the owner of the asset, the client, or any interested party when conducting price appraisal to distort the appraisal result by the level of deviation prescribed in Clause 7, Article 19 of Decree No. 84/2011/ND-CP compared to the final reappraisal result of the competent state management agency.

d) Permanent suspension of the right to use the Appraiser Card or revocation of the Appraiser Card for the following acts:

- The act of renting or lending the Appraiser Card to organizations or individuals to enable them to obtain a business registration certificate for the business of price appraisal;

- The act of colluding with the owner of the asset, the client, or any interested party when conducting price appraisal to distort the appraisal result compared to the final reappraisal result of the competent state management agency and having an additional aggravating circumstance;

- The act of renting or lending the Appraiser Card to price appraisal enterprises to enable state management agencies to announce that such enterprises meet the conditions for practicing price appraisal.

5. Measures to remedy consequences:

a) Confiscation and transfer to the state budget all amounts obtained by the appraiser through collusion with the owner of the asset, the client, or any interested party when conducting price appraisal to distort the appraisal result compared to the final reappraisal result of the competent state management agency.

b) Order to return to the customer the entire amount of money lost due to administrative violations as stipulated in points a and b, Clause 4, Article 15 of this Circular.

c) Confiscate and remit to the state budget the amount of illicit gains obtained by the appraisal officer from the administrative violation as prescribed in Article 20 of Decree No. 84/2011/NĐ-CP, in cases where point b, Clause 5, Article 15 of this Circular cannot be applied.

Article 16. Administrative penalties for appraisal activities involving organizations and individuals using state budget funds to purchase assets that require appraisal according to the law.

1. The administrative penalty for appraisal activities involving organizations and individuals using assets from state budget funds to purchase assets that require appraisal according to the law shall be implemented in accordance with the provisions of Article 21 of Decree No. 84/2011/NĐ-CP.

2. The act of colluding with appraisal firms or appraisers to inflate or deflate prices causing damage to the State, as stipulated in Clause 3, Article 21 of Decree No. 84/2011/NĐ-CP, is an agreement with appraisal firms or appraisers to increase the price of appraisal services causing damage to the State; to increase or decrease the price of assets requiring appraisal for purchasing or selling assets from state budget funds, leading to damage to the State.

Article 17. Administrative penalties for appraisal activities involving organizations with functions of training and professional development in appraisal.

1. A fine of 30,000,000 VND shall be imposed for any of the following acts:

a) Violating the procedures for organizing training courses and professional development as prescribed in the Regulation on Training and Professional Development in Appraisal issued by competent state management agencies; failing to submit reports on the results of organizing such training courses and professional development to the Ministry of Finance (Price Management Department); failing to register with the Ministry of Finance (Price Management Department) regarding the organization of training and professional development in appraisal.

b) Issuing certificates of training and professional development in appraisal to persons not listed in the attendance roster or those who participated in training but did not meet the criteria as prescribed in the Regulation on Training and Professional Development in Appraisal.

2. Application of additional penalties.

Organizations with functions of short-term training and professional development in appraisal that commit administrative violations as prescribed in this Article, in addition to being fined, shall also be subject to the following measures:

a) Revocation of the permit to conduct training and professional development in appraisal for these organizations for a period of 12 (twelve) months for violations as stipulated in point a, Clause 1 of this Article and having one aggravating circumstance or more.

b) Permanent revocation of the permit to conduct training and professional development in appraisal for these organizations for violations as stipulated in point b, Clause 1 of this Article and having one aggravating circumstance or more. At the same time, revoke the certificates of training and professional development in appraisal issued to persons not listed in the attendance roster or those trainees who did not meet the criteria for obtaining such certificates as prescribed in the Regulation on Training and Professional Development in Appraisal.

Section 3

AUTHORITY AND REMITTANCE, USE OF FINES IN ADMINISTRATIVE PENALTIES

Article 18. Allocation of Administrative Sanction Issuing Authority in the Field of Pricing

The administrative sanction issuing authority for violations in the field of pricing as stipulated in Articles 24, 25, 26, 27, 28, and 29 of Decree No. 84/2011/NĐ-CP is the authority applicable to a single violation. In cases involving fines, the sanction issuing authority is determined based on the maximum amount of the fine prescribed for each violation.

In cases where an individual commits multiple violations in the field of pricing, the sanction issuing authority shall be determined as follows:

1. If the form of administrative sanction and the level of sanction prescribed for each violation all fall within the jurisdiction of the sanction issuer as stipulated in Articles 24, 25, 26, 27, 28, and 29 of Decree No. 84/2011/NĐ-CP, then the sanctions shall be imposed.

2. Where the amount of the fine or one of the additional sanctions or remedial measures does not fall within the jurisdiction or exceeds the jurisdiction, the person handling the violation case must promptly transfer the case to the person with the appropriate sanction issuing authority.

Article 19. Collection and Use of Administrative Fine Revenue in the Field of Pricing

Revenue from administrative sanctions in the field of pricing is deposited into the State Budget through the temporary collection and retention account opened by the financial agency at the State Treasury. The collection and deposit of fines are carried out according to Circular No. 128/2008/TT-BTC dated December 24, 2008, issued by the Ministry of Finance guiding the collection and management of state budget revenues through the State Treasury. The management and use of penalty payment revenue are implemented according to Circular No. 47/2006/TT-BTC dated May 31, 2006, issued by the Ministry of Finance guiding the implementation of Decree No. 124/2005/NĐ-CP dated October 6, 2005, of the Government regarding receipt vouchers for fines and the management and use of penalty payment revenue.

Article 20. Complaints, Reports, and Violation Handling

Complaints, reports, complaint resolution, and violation handling are carried out according to Articles 35 and 36 of Decree No. 84/2011/NĐ-CP.

Section 4

IMPLEMENTATION

Article 21. Effective Date

1. This Circular takes effect from July 5, 2012.

2. Repeal Circular No. 110/2004/TT-BTC dated November 18, 2004, issued by the Ministry of Finance guiding Decree No. 169/2004/NĐ-CP dated September 22, 2004, of the Government on administrative sanctions for violations in the field of pricing.

Article 22. Responsibilities for Implementation

1. The Director of the Price Management Department and the Inspector General of the Ministry of Finance are responsible for organizing and implementing the handling of administrative violations in the field of pricing to ensure compliance with the law.

2. During the implementation process, if any issues arise, they should be reported promptly to the Ministry of Finance for consideration and resolution.