Decree No. 84/2011/ND-CP on administrative penalties for violations in the price sector

DECREE

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;

Pursuant to the Inspection Law No. 56/2010/QH12 adopted at the eighth session of the XIIth National Assembly on November 15, 2010;

Pursuant to the Pricing Ordinance dated April 26, 2002;

Pursuant to the Administrative Violation Handling Ordinance dated July 2, 2002; the Ordinance amending and supplementing certain articles of the Administrative Violation Handling Ordinance dated April 2, 2008;

Considering the proposal of the Minister of Finance,

DECREE:

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Decree stipulates acts of administrative violations in the field of pricing, forms and levels of penalties, authority, and procedures for handling administrative violations in the field of pricing (including price-related administrative violations and price appraisal).

Acts of administrative violations in the field of pricing not provided for in this Decree shall be handled according to the provisions of other Government Decrees on administrative penalties in the fields of state management related thereto.

Article 2. Applicability

1. Individuals and organizations that intentionally or negligently violate the regulations of the law on state management in the field of pricing without reaching the level of criminal prosecution shall be subject to administrative penalties in the field of pricing.

2. In cases where international treaties to which Vietnam is a party provide for the handling of administrative violations in the field of pricing for foreign organizations and individuals engaged in lawful production, business, and service provision in Vietnam differently from the provisions of this Decree, such treaties shall apply.

Article 3. Principles of administrative penalty

1. Administrative penalties in the field of pricing must be carried out by persons with authority in accordance with the provisions of Article 23 of this Decree and Article 15 of Government Decree No. 128/2008/NĐ-CP dated December 16, 2008 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.

2. All administrative violations in the field of pricing must be promptly discovered and stopped. Administrative penalties for violations in the field of pricing must be conducted quickly and in accordance with the law; all consequences caused by administrative violations in the field of pricing must be remedied in accordance with the law.

3. A single act of administrative violation in the field of pricing shall only be penalized once. Organizations and individuals committing multiple acts of administrative violations in the field of pricing shall be penalized for each individual violation. Multiple organizations and individuals jointly committing a single act of administrative violation in the field of pricing shall each 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

1. Mitigating Circumstances:

a) The violator has timely prevented the violation, reduced its harmful effects, or voluntarily remedied the consequences and compensated for losses caused by the violation;

b) The violator has voluntarily reported the violation.

2. Aggravating Circumstances:

a) Organized violation;

b) Violations occurring two or more times or repeated in the field of pricing;

c) Taking advantage of position or power to commit the violation;

d) Taking advantage of wartime conditions, natural disasters, or other special difficulties of society to commit the violation;

đ) Committing the violation during the execution of a criminal sentence or an administrative penalty decision in the field of pricing;

e) Continuing to carry out the violation despite a prior request from an authorized person to stop the violation;

g) After the violation, failing to comply with the administrative penalty decision of the state management agency or an authorized person; evading or concealing the administrative violation.

Article 5. Statute of Limitations for Administrative Offense Penalties

1. The statute of limitations for administrative offense penalties in the field of pricing is two (02) years from the date the administrative offense was committed.

2. For individuals who have been indicted, prosecuted, or decided to be tried under criminal proceedings, but subsequently have a decision to terminate investigation or terminate the case where the violation has signs of an administrative offense in the field of pricing, they will be subject to administrative offense penalties. Within three (03) days from the date of issuing the decision to terminate investigation or terminate the case, the person issuing the decision must send the decision to the competent authority to impose administrative offense penalties; in this case, the statute of limitations for administrative offense penalties is three (03) months from the date the competent authority receives the decision to terminate and the case file.

3. Within the period specified in Clause 1 and Clause 2 of this Article, if organizations or individuals continue to commit new administrative offenses in the field of pricing or intentionally evade or obstruct the imposition of penalties, then the statute of limitations prescribed in Clause 1 and Clause 2 of this Article shall not apply, but instead shall be recalculated from the date of committing the new administrative offense or the date of ceasing the act of evading or obstructing the imposition of penalties.

Article 6. Statute of Limitations for Enforcement of Administrative Offense Penalty Decisions

The statute of limitations for enforcing administrative offense penalty decisions in the field of pricing is one (01) year from the date of issuance of the penalty decision; if the decision is not enforced beyond this period, it will no longer be enforced, but measures to mitigate consequences recorded in the decision will still be applied.

In cases where organizations or individuals subject to penalties intentionally evade or delay enforcement of the penalty decision, the aforementioned statute of limitations shall be recalculated from the date of ceasing the act of evasion or delay.

Article 7. Period Considered as Not Having Been Subject to Administrative Offense Penalties

Organizations or individuals subject to administrative offense penalties, if they do not reoffend within one (01) year from the date of completing execution of the penalty decision or from the date the statute of limitations for enforcing the penalty decision expires, shall be considered as not having been subject to administrative offense penalties.

Article 8. Forms of Administrative Offense Penalties and Measures to Mitigate Consequences

1. For each administrative offense in the field of pricing, the organization or individual committing the offense must bear one of the following main forms of administrative offense penalties:

a) To issue warnings;

b) Fine.

2. Depending on the nature and degree of the offense, organizations or individuals committing administrative offenses in the field of pricing may also be subject to one or more supplementary forms of administrative offense penalties as follows:

a) Decision to suspend implementation of unreasonable price levels for goods and services decided by organizations or individuals engaged in production and business operations, supply of goods and services, and requiring implementation of prices before unreasonable price increases;

b) Revocation of the right to use certificates of eligibility for business operations, supply of goods and services, valuation service certification, and various types of business licenses issued to organizations or individuals engaged in production and business operations, supply of goods and services, for up to twelve (12) months or indefinitely, according to the provisions of the law;

c) Not being announced as a business with eligibility for valuation service operations for the next year;

d) Revocation of the Valuation Service Certification Card for up to twelve (12) months or indefinitely for lending or renting out to establish a valuation service business according to the provisions of the law;

đ) Revocation of the announcement of eligibility for valuation service operations by the Ministry of Finance for the year in which the penalty was imposed;

e) Revocation of the Valuation Service Certification Card for lending or renting out to establish a valuation service business according to the provisions of the law.

3. In addition to the main forms of administrative offense penalties and supplementary penalties mentioned above, organizations or individuals committing administrative offenses may also be compelled to apply one or more measures to mitigate consequences as follows:

a) Confiscation and submission to the state budget of the entire price difference due to unreasonable price increases by organizations or individuals engaged in production and business operations, supply of goods and services, compared to normal selling prices calculated based on incorrect factors forming the price, contrary to policies, economic-technical norms, and pricing regulations issued by competent authorities;

b) Compulsion to submit to the state budget all funds for price stabilization support, price subsidies, freight subsidies for goods declared falsely or fraudulently in payment settlement documents, price subsidies, freight subsidies for goods, and funds for implementing price policies used improperly;

c) Compulsion to comply strictly with legal regulations on pricing;

d) Compulsion to return the full amount of losses suffered by customers due to administrative offenses in the field of pricing. If the recipient cannot be identified, the amount will be confiscated and submitted to the state budget;

đ) Must bear all costs to implement the refund of price differences due to incorrect pricing for organizations or individuals subjected to incorrect pricing;

e) Compulsion to correct false or inaccurate information.

4. Main forms of administrative offense penalties, supplementary penalties, and measures to mitigate consequences applicable to administrative offenses in the field of pricing are stipulated in Chapter II of this Decree. Supplementary penalties and measures to mitigate consequences can only be applied together with main forms of penalties. In cases where administrative offenses have exceeded the statute of limitations for penalties, the main form of penalty will not be applied, but measures to mitigate consequences stipulated in Clause 3 of this Article must still be applied.

5. When imposing fines, the specific fine amount for an administrative offense in the field of pricing is the specific fine amount or the average of the fine range corresponding to that offense as stipulated in this Decree. If the offense has mitigating circumstances, the fine amount will decrease below the average of the fine range but not below the minimum limit of the fine range; if the offense has aggravating circumstances, the fine amount will increase above the average of the fine range but not exceed the maximum limit of the fine range.

Chapter II

VIOLATIONS OF ADMINISTRATIVE OFFENSES AND FORMS OF PENALTIES

Section 1

VIOLATIONS OF PRICING ADMINISTRATIVE OFFENSES

Article 9. Sanctions for violations of price stabilization regulations

1. A fine of 10,000,000 VND shall be imposed on the act of not reporting or reporting inaccurately as required by the competent state agency.

2. A fine of 15,000,000 VND shall be imposed on the act of not implementing or implementing incorrectly the price stabilization measures prescribed by the competent authority.

3. A fine of 30,000,000 VND shall be imposed on the act of violating the regulations on establishing and using the Price Stabilization Fund.

4. Measures to remedy consequences:

a) Order to implement or implement correctly the price stabilization measures prescribed by the competent authority as stipulated in Clause 2 of this Article;

b) Recover and remit to the State budget the entire amount of money improperly used from the Price Stabilization Fund as stipulated in Clause 3 of this Article;

c) Order to comply strictly with the current legal provisions on establishing and using the Price Stabilization Fund, funds for implementing price stabilization policies as stipulated in Clause 3 of this Article;

d) Order to remit to the Price Stabilization Fund the entire amount of money that should have been established according to the regulations;

đ) Bear all costs to refund the money due to the violation by organizations and individuals;

5. Violations of price stabilization regulations that fall under the category of price registration and declaration violations shall be sanctioned in accordance with Article 15 of this Decree.

Article 10. Sanctions for violations of subsidy and freight subsidy policies

1. A fine of 30,000,000 VND shall be imposed on the act of falsely declaring settlement documents to obtain subsidies and freight subsidies for goods transportation and other support funds for implementing price policies and freight subsidies; the act of misusing or using such funds for improper purposes or for ineligible recipients.

2. Measures to remedy consequences:

a) Order to return and remit to the State budget the entire amount obtained through false declarations for subsidies and freight subsidies for goods transportation and implementation of subsidy and freight subsidy policies;

b) Order to return and remit to the State budget the entire amount obtained through improper use of subsidies and freight subsidies for goods transportation and other support funds for implementing subsidy and freight subsidy policies.

Article 11. Sanctions for non-compliance with negotiated prices

1. A fine of 15,000,000 VND shall be imposed on the act of purchasing, selling goods, or providing services at a price different from the temporary negotiated price or the negotiated price issued by the competent authority.

2. Measures to remedy consequences:

Confiscate and remit to the State budget the price difference revenue obtained due to non-compliance with the negotiated price.

Article 12. Sanctions for non-compliance with prices determined by the competent authority

1. A fine of 20,000,000 VND shall be imposed on the act of purchasing, selling goods, or providing services at a price different from the price determined by the People's Committee of provinces or centrally governed cities.

2. A fine of 25,000,000 VND shall be imposed on the act of purchasing, selling goods, or providing services at a price different from the price range, standard price, or limit price determined by the Minister or Head of a ministry-level agency.

3. A fine of 30,000,000 VND shall be imposed on the act of purchasing, selling goods, or providing services at a price different from the price range, standard price, or limit price determined by the Government or Prime Minister.

4. Additional forms of administrative punishment:

Order to cease implementing the prices of goods and services where organizations and individuals purchase, sell goods, or provide services at a price different from the price range, standard price, or limit price determined by the competent authority.

5. Measures to remedy consequences:

a) Confiscate and remit to the State budget the entire price difference revenue obtained due to non-compliance with the price determined by the competent authority as stipulated in Clauses 1, 2, and 3 of this Article;

b) Order to compensate the entire loss incurred due to selling above the regulated price, if the recipient of compensation cannot be identified, then remit to the State budget;

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

Article 13. Sanctions for violations concerning the establishment of pricing schemes for goods and services

1. A fine of fifteen million VND shall be imposed on the act of establishing a pricing scheme for goods and services listed in the State's price control and stabilization list, which does not comply with the guidelines on the Pricing Regulation decided by the competent authority.

2. Measures to remedy consequences:

Order to re-establish the pricing scheme in accordance with the guidelines on the Pricing Regulation decided by the competent authority.

Article 14. Sanctions for violations in special business activities subject to conditions as prescribed by the Government

1. A fine of fifteen million VND shall be imposed on the act of failing to report purchase prices, fraudulently declaring export prices, import prices; failing to report or reporting inaccurately the quantity of goods in stock for circulation by traders engaged in export and import activities to the competent state management agency.

2. A fine of forty million VND shall be imposed on the act of selling goods below the floor price, minimum price level, or above the maximum price level announced or stipulated by the competent authority.

3. Additional forms of punishment:

Suspension of the right to use the business condition certificate, supply certificates, various types of business licenses issued to organizations and individuals engaged in production, business, and service provision for up to twelve (12) months or indefinitely, as provided by law.

Article 15. Sanctions for violations concerning price registration and declaration of goods and services

1. A fine of seven million VND shall be imposed on the act of failing to publicly disclose the price level registered or declared by the enterprise.

2. A fine of fifteen million VND shall be imposed on the act of organizations and individuals constructing price forms and levels for declaration that do not comply with the guidelines on the Pricing Regulation stipulated by the competent authority.

3. A fine of twenty million VND shall be imposed on the act of organizations and individuals constructing price levels for registration that do not comply with the guidelines on the Pricing Regulation stipulated by the competent authority.

4. A fine of twenty-five million VND shall be imposed on the act of failing to declare prices of goods and services according to the legal provisions on prices to the competent state management agency as prescribed.

5. A fine of thirty million VND shall be imposed on the act of failing to register prices of goods and services according to the legal provisions on prices to the competent state management agency as prescribed.

6. Additional forms of punishment:

a) Suspension of the right to use the business condition certificate, various types of business licenses issued for up to twelve (12) months or indefinitely in cases of repeated or recidivist violations of the provisions of this Article.

b) Decision to suspend the implementation of the sale price level established by organizations and individuals when registering or declaring unreasonable prices that do not comply with the guidelines on the Pricing Regulation decided by the competent authority.

7. Measures to remedy consequences:

a) Confiscation and deposit into the state budget the entire amount of price difference resulting from administrative violations stipulated in Clause 2 and Clause 3 of this Article due to incorrect registration or declaration of prices that do not comply with the guidelines on the Pricing Regulation stipulated by the competent authority.

b) Order organizations and individuals to re-register and declare prices according to the regulations when they commit violations as stipulated in Clause 2 and Clause 3 of this Article.

c) Order organizations and individuals to register and declare prices according to the regulations when they commit violations as stipulated in Clause 4 and Clause 5 of this Article.

Article 16. Sanctions for violations related to price display of goods and services

1. Warning or a fine from VND 500,000 to VND 2,000,000 shall be imposed on any of the following acts:

a) Not displaying prices of goods and services at supermarkets, shopping centers, stores, counters, transaction points for buying and selling goods, providing services;

b) Displaying prices not in accordance with regulations, unclearly causing confusion for customers.

2. A fine from VND 2,000,000 to VND 5,000,000 shall be imposed on the act of selling goods or collecting service fees higher than the displayed prices.

3. A fine from VND 5,000,000 to VND 10,000,000 shall be imposed on violations stipulated in Clause 1 and Clause 2 of this Article in the following cases:

a) Goods and services included in the list of stabilized prices as prescribed by law;

b) Goods and services included in the list of restricted business activities or conditional business activities;

c) Goods and services at locations required to display prices according to regulations.

4. Measures to remedy consequences:

a) Compel the correct display of prices as prescribed for violations stipulated in Clause 1 and Clause 3 of this Article;

b) Compel the return of excess amounts collected to customers for violations stipulated in Clause 2 and Clause 3 of this Article; if the customer cannot be identified, the excess amount shall be confiscated and deposited into the state budget.

Article 17. Sanctions for excessive price increases

1. A fine from VND 500,000 to VND 1,000,000 shall be imposed if the total value of goods and services sold at increased prices does not exceed VND 5,000,000 for the following acts of increasing prices:

a) Increasing the selling price of goods and services higher than the declared or registered price with competent state management agencies as prescribed by law;

b) Increasing prices based on the registered or declared price with competent state management agencies, but the competent agency has issued a document requesting an explanation of the registered or declared price or a document requiring the suspension of application of the new price and re-registration or re-declaration of the price.

2. A fine from VND 1,000,000 to VND 3,000,000 shall be imposed for violations stipulated in Clause 1 of this Article if the total value of goods and services ranges from over VND 5,000,000 to VND 10,000,000.

3. A fine from VND 3,000,000 to VND 5,000,000 shall be imposed for violations stipulated in Clause 1 of this Article if the total value of goods and services ranges from over VND 10,000,000 to VND 20,000,000.

4. A fine from VND 5,000,000 to VND 7,000,000 shall be imposed for violations stipulated in Clause 1 of this Article if the total value of goods and services ranges from over VND 20,000,000 to VND 50,000,000.

5. A fine from VND 7,000,000 to VND 10,000,000 shall be imposed for violations stipulated in Clause 1 of this Article if the total value of goods and services ranges from over VND 50,000,000 to VND 80,000,000.

6. A fine from VND 10,000,000 to VND 15,000,000 shall be imposed for violations stipulated in Clause 1 of this Article if the total value of goods and services ranges from over VND 80,000,000 to VND 100,000,000.

7. A fine from VND 15,000,000 to VND 20,000,000 shall be imposed for violations stipulated in Clause 1 of this Article if the total value of goods and services exceeds VND 100,000,000.

8. Additional forms of punishment:

Suspension of the right to use the certificate of eligibility for business operations, various types of business licenses issued for a period of up to twelve (12) months or indefinite suspension in case of repeated or recurrent violations of the provisions of this Article as prescribed by law.

9. Remedial measures:

Confiscation and deposit into the state budget of the proceeds from administrative violations for violations stipulated in this Article.

Article 18. Sanctions for disseminating false information about the market, prices of goods and services

1. Warning or a fine from five hundred thousand dong to one million dong shall be imposed on individuals who fabricate, spread, or disseminate false information about the market situation, prices of goods and services causing public panic and market instability.

2. A fine from one million dong to five million dong shall be imposed on households engaged in business operations who fabricate, spread, or disseminate false information about the market situation, prices of goods and services causing public panic and market instability.

3. A fine from five million dong to ten million dong shall be imposed on enterprises that fabricate, spread, or disseminate false information about the market situation, prices of goods and services causing public panic and market instability.

4. A fine from ten million dong to twenty million dong shall be imposed on mass media organizations 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, radio, television, online news or other informational publications causing public panic and market instability.

5. Additional forms of punishment:

Revocation of the business operation qualification certificate or various business licenses issued for up to twelve (12) months, or indefinite revocation in cases of repeated violations or recidivism for violations stipulated in Clause 2 and Clause 3 of this Article according to the provisions of the law.

6. Measures to remedy consequences:

a) Compel correction of information for violations stipulated in Clause 2, Clause 3, and Clause 4 of this Article;

b) Compel destruction or confiscation and destruction of publications containing incorrect information for violations stipulated in Clause 4 of this Article.

Section 2

ADMINISTRATIVE VIOLATIONS REGARDING PRICE APPRAISAL

Article 19. Administrative sanctions for price appraisal violations by price appraisal enterprises

1. A fine of five million dong shall be imposed for failing to notify in writing the Ministry of Finance within ten (10) working days when changing the name, main office address, branch, list of appraisers practicing, and appraisers who have violated laws on prices and price appraisals.

2. A fine of ten million dong shall be imposed for failing to submit periodic reports as required by the law on price appraisal service activities.

3. A fine of fifteen million dong shall be imposed for failing to store or improperly storing appraisal files and documents as required by the law.

4. A fine of twenty million dong shall be imposed for conducting an appraisal without entering into a price appraisal service provision contract with the client as required by the law.

5. A fine of twenty million dong shall be imposed for failing to provide the appraisal result report and appraisal certificate to the appraisal client as required by the law.

6. A fine of twenty-five million dong shall be imposed for failing to provide the appraisal certificate and appraisal result report upon request of the competent state agency.

7. A fine of twenty-five million dong shall be imposed for falsifying appraisal asset files or related asset information leading to an appraisal result that is more than ten percent higher or lower for real estate, equipment, transportation means, and fifteen percent higher or lower for materials and goods compared to the final reappraisal result of the competent state management agency.

8. A fine of thirty million dong shall be imposed for renting or borrowing a Price Appraiser Card to establish a price appraisal enterprise; or to meet the conditions for operating a price appraisal enterprise as prescribed by law.

9. A fine of thirty million dong shall be imposed for failing to establish a professional risk reserve fund as prescribed.

10. Additional forms of punishment:

a) Revoke the announcement of the enterprise having the qualifications to operate price appraisal services published by the Ministry of Finance for the year in which the penalty was imposed;

b) Not allowed to announce the enterprise having the qualifications to operate price appraisal services for the following year.

11. Remedial measures:

a) Compel compensation to clients for the difference caused by administrative violations for violations stipulated in Clause 7 of this Article;

b) Compel establishment of a professional risk reserve fund as prescribed in Clause 9 of this Article.

Article 20. Administrative penalties for appraisal evaluation violations against appraisers

1. A fine of 10,000,000 VND shall be imposed on the act of not complying with the appraisal evaluation procedures; the act of not complying with the appraisal methods as guided in the Vietnamese Appraisal Standards or internationally recognized appraisal standards acknowledged by the Ministry of Finance; the act of disclosing information about the appraisal client and the appraised property that the appraiser becomes aware of during their practice, except when agreed upon by the appraisal client or permitted by law.

2. A fine of 15,000,000 VND shall be imposed on the act of renting or lending the Appraiser Card to organizations or individuals to establish appraisal firms; the act of registering to practice appraisal for two or more appraisal firms simultaneously; the act of accepting any amount of money or benefits from organizations or individuals seeking appraisal services beyond the agreed service fee in the contract; the act of practicing appraisal for two or more appraisal firms simultaneously.

3. A fine of 30,000,000 VND shall be imposed on the act of colluding with the asset owner, appraisal client, or related parties during the appraisal process to distort the appraisal results compared to the final re-appraisal results of the competent state management agency; the act of renting or lending the Appraiser Card to appraisal firms to enable the state management agency to announce that such firms meet the conditions for operating appraisal activities.

4. Additional forms of administrative punishment:

a) Suspension of the right to use the Appraiser Card for up to twelve (12) months or indefinitely;

b) Seizure of the Appraiser Card rented or lent to establish an appraisal firm;

c) Removal from the list of qualified appraisers announced by the Ministry of Finance;

d) Prohibition from registering to practice appraisal for one year following the violation.

5. Measures to remedy consequences:

a) Confiscation and deposit into the state budget all amounts of money obtained through collusion with clients and illicit gains from administrative violations;

b) Compel the violator to compensate the client for all losses suffered due to the administrative violation.

Article 21. Administrative penalties for appraisal evaluation violations against organizations and individuals using state budget funds to purchase assets requiring appraisal according to the law

1. A fine of 15,000,000 VND shall be imposed on the act of using appraisal results contrary to the purpose stated in the contract, causing damage to the State.

2. A fine of 20,000,000 VND shall be imposed on organizations and individuals using state funds who fail to conduct an appraisal on assets that must be appraised according to the law.

3. A fine of 30,000,000 VND shall be imposed on organizations and individuals who collude with appraisal firms or appraisers to inflate or deflate prices, causing damage to the State.

4. Measures to remedy consequences:

a) Confiscation and deposit into the state budget the amount of money lost due to administrative violations stipulated in this Article;

b) Invalidate the appraisal results obtained contrary to the purpose stated in the contract, causing damage to the State;

c) Compel the violator to conduct an appraisal on the asset as required by law;

d) Invalidate the incorrect appraisal results obtained through collusion with appraisal firms, causing damage to the State.

Article 22. Administrative Sanctions for Appraisal Value Appraisal Certification Organizations

1. A fine of thirty million (30,000,000) Vietnamese dong shall be imposed on organizations that provide training, enhance skills, and issue certificates for appraisal value specialization training and enhancement activities not in accordance with the content prescribed by the Ministry of Finance or without the written consent of the Ministry of Finance.

2. Additional forms of punishment:

Suspension of the right to organize training and enhancement activities for appraisal value specialization for a period of up to twelve (12) months or indefinitely.

3. Measures to remedy consequences:

Confiscation and deposit into the state budget the amount of profit derived from administrative violations.

Chapter III

AUTHORITY AND PROCEDURES FOR ADMINISTRATIVE SANCTIONS IN THE FIELD OF PRICING

Article 23. Principles for Determining Authority to Impose Administrative Sanctions and Delegation of Authority to Impose Administrative Sanctions

1. The principle for determining authority to impose administrative sanctions shall be implemented in accordance with Clause 17, Article 1 of the Ordinance Amending and Supplementing Certain Provisions of the Ordinance on Handling Administrative Violations 2008 and Clause 1, Article 3 of this Decree.

2. The delegation of authority to impose administrative sanctions shall be carried out in accordance with Clause 16, Article 1 of the Ordinance Amending and Supplementing Certain Provisions of the Ordinance on Handling Administrative Violations 2008.

Article 24. Authority to Impose Administrative Sanctions of Persons Assigned to Carry Out Specialized Price Inspection Tasks and the Director of the State Audit Office of the Ministry of Finance

1. The Head of the specialized price inspection team (a person holding a department or bureau-level position), and the Director of the State Audit Office of the Ministry of Finance have the authority:

a) To impose fines up to the maximum level for violations in the field of pricing as stipulated in this Decree and other relevant laws.

b) To apply additional penalties and remedial measures as prescribed in this Decree;

2. Persons assigned to carry out specialized price inspection tasks and financial auditors have the authority:

a) To issue warnings;

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

Article 25. Authority to Impose Administrative Sanctions of the Director of the Provincial Department of Finance and Persons Assigned to Carry Out Specialized Price Inspection Tasks under the Provincial Department of Finance

1. The Director of the Provincial Department of Finance has the authority:

a) To impose fines up to thirty million (30,000,000) Vietnamese dong for violations related to pricing as specified in this Decree;

b) To apply supplementary sanctions and measures to remedy consequences regarding pricing as specified in this Decree in accordance with current laws.

2. Persons assigned to carry out specialized price inspection tasks and financial auditors have the authority:

a) To issue warnings;

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

Article 26. Authority to Impose Administrative Sanctions of Persons Authorized by Market Management Agencies

Persons authorized by market management agencies as stipulated in Article 37 of the Ordinance on Handling Administrative Violations 2002 have the authority to impose administrative sanctions for violations as specified in Articles 9, 12, 14, 16, 17, and 18 of this Decree, and may apply supplementary sanctions and measures to remedy consequences for administrative violations within their jurisdiction as specified in this Decree.

Article 27. Authority to Impose Administrative Sanctions of Other Specialized Inspectors

Within the scope of national management authority defined by the Government, inspectors and directors of other specialized inspection agencies have the authority to impose administrative sanctions for violations in the field of pricing within their respective areas of national management.

Article 28. Authority to Impose Administrative Sanctions of the Chairman of the People's Committee of a Province

The Chairman of the People's Committee of a Province, within the scope of authority defined in the Ordinance on Handling Administrative Violations, has the authority to impose administrative sanctions for pricing violations as stipulated in this Decree.

Article 29. Competence to impose administrative sanctions for violations of price regulations of the Chairperson of the People's Committee at district and commune levels

Within the scope of their competence as prescribed in the Administrative Sanctions Law, the Chairperson of the People's Committee at district and commune levels shall have the authority to impose administrative sanctions for violations of price regulations stipulated in Article 16 of this Decree within the administrative management territory of the district and commune levels.

Article 30. Responsibilities of agencies and persons authorized to impose administrative sanctions in the field of prices

Agencies and persons authorized to impose administrative sanctions in the field of prices shall be responsible for inspecting and supervising the implementation of decisions on administrative sanctions issued by themselves.

Article 31. Procedures for imposing administrative sanctions and collecting fines

1. The procedures for imposing administrative sanctions, handling contraband items and means of transportation involved in administrative violations, and enforcing decisions on administrative sanctions shall be carried out in accordance with the provisions of the Administrative Violations Handling Law 2002 and the Law Amending and Supplementing Certain Provisions of the Administrative Violations Handling Law 2008.

2. Fines collected must be deposited into the State budget through accounts opened at the National Treasury. The management system for fine collection receipts and payment receipts shall be implemented according to current regulations.

3. Organizations and individuals whose subsidized funds, freight subsidies for goods transportation, and other financial support measures to implement pricing policies are revoked; who are required to pay price discrepancies; who are compelled to compensate for losses due to administrative violations; and who are required to bear costs to refund price discrepancies must pay the money at the location specified in the decision on administrative sanctions, for the competent administrative sanction agency to consider returning it to the aggrieved party or depositing it into the State budget.

4. Decisions on administrative sanctions in the field of prices shall be publicly announced on the website of the Ministry of Finance and the websites of the agencies issuing the decisions on administrative sanctions.

Article 32. Responsibilities in publicizing information about penalties

1. Agencies and persons authorized to impose administrative sanctions in the field of prices shall be responsible for promptly providing full information on decisions on administrative sanctions in the field of prices to mass media agencies for publication in accordance with the regulations.

2. Mass media agencies shall be responsible for promptly and accurately reporting information about decisions on administrative sanctions in the field of prices as requested by agencies and persons authorized to impose administrative sanctions in the field of prices.

Article 33. Compliance with decisions on administrative sanctions and enforcement of compliance with such decisions

Compliance with administrative sanction decisions and enforcement of compliance with decisions on administrative sanctions shall be carried out in accordance with the provisions of Clause 26 and Clause 27 of Article 1 of the Law Amending and Supplementing Certain Provisions of the Administrative Violations Handling Law 2008.

Article 34. Transfer of administrative violation cases in the field of prices for criminal prosecution

When considering that a violation in the field of prices has signs of a crime, the person authorized must immediately transfer the case file to the competent criminal procedure agency in accordance with the law.

Strictly prohibit retaining cases with signs of crimes for administrative sanctions.

Chapter IV

PETITION, COMPLAINT, VIOLATION HANDLING

Article 35. Complaints, reports of violations, and resolution of complaints and reports of violations

The filing of complaints and reports of violations and the resolution of such complaints and reports concerning administrative penalties for violations in the field of pricing shall be carried out in accordance with the provisions of the law on complaints and reports of violations.

Article 36. Handling Violations

An authorized person who imposes administrative penalties for violations in the field of pricing, if they act for 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.

A person who is administratively penalized in the field of pricing, if they obstruct, resist officials responsible for inspection, or intentionally delay or evade the implementation of administrative penalty decisions, will be subject to administrative violation handling or criminal prosecution according to current laws based on the nature and severity of the violation.

Chapter V

IMPLEMENTING PROVISIONS

Article 37. Effective Date

1. This Decree takes effect from November 15, 2011.

2. Abolish Decree No. 169/2004/NĐ-CP dated September 22, 2004 of the Government regarding administrative penalties for violations in the field of pricing, and abolish Articles 6, 7, 8, and 9 of Decree No. 107/2008/NĐ-CP dated September 22, 2008 of the Government regarding administrative penalties for speculative activities, stockpiling goods, excessive price increases, spreading false information, smuggling, and commercial fraud.

Article 38. Responsibility for Implementing the Decree

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

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