Decree No. 93/1999/ND-CP On Administrative Sanctions for Violations in the Field of Statistics

DECREE OF THE GOVERNMENT

On administrative offenses in the field of statistics

____________________________

THE GOVERNMENT

Pursuant to the Law on Organization of the Government dated September 30, 1992;

BASED ON THE ADMINISTRATIVE VIOLATION HANDLING ORDINANCE dated July 6, 1995;

BASED ON THE ACCOUNTING AND STATISTICS ORDINANCE dated May 20, 1988;

PURSUANT TO THE PROPOSAL OF THE DIRECTOR GENERAL OF THE STATISTICS GENERAL DEPARTMENT,

 

DECREE:

PART I

GENERAL PROVISIONS

Article 1. Scope and Applicability

1. An administrative violation in the field of statistics is an intentional or negligent act by an individual or organization that violates state regulations on statistical systems without reaching the level of criminal prosecution and according to the law must be subject to administrative punishment.

2. Individuals and organizations committing administrative violations in the field of statistics shall be punished under this Decree and the provisions of the Administrative Violation Handling Ordinance.

3. Foreign individuals and organizations committing administrative violations in the field of statistics on Vietnamese territory shall be punished under this Decree, except where international treaties to which Vietnam is a party provide otherwise.

Article 2. Principles of administrative penalty

1. The handling of administrative violations in the field of statistics must be carried out by persons with authority as stipulated in Articles 12, 13, 14, and 15 of this Decree.

2. All administrative violations in the field of statistics must be detected promptly and stopped immediately. The handling must be conducted swiftly and impartially.

3. A single administrative violation shall only be punished once. Individuals or organizations committing multiple administrative violations shall be punished for each violation. If multiple individuals or organizations jointly commit a single administrative violation, each violator shall be punished.

4. Administrative punishment in the field of statistics must be based on the nature, degree of violation, personal circumstances, and mitigating or aggravating circumstances to determine appropriate forms, measures, and levels of punishment.

5. It is strictly prohibited to retain cases with signs of criminal offenses for administrative punishment.

Time Limit for Administrative Penalties

1. The statute of limitations for administrative punishment in the field of statistics is one year from the date of the administrative violation. In cases where administrative violations in the field of statistics have exceeded the statute of limitations, they will not be punished.

2. If an individual is indicted or there is a decision to bring the case to trial under criminal procedures, and there is a decision to terminate the investigation or close the case, and if the act has signs of an administrative violation in the field of statistics, then administrative punishment shall be imposed; the statute of limitations for administrative punishment in such cases is six months from the date of the decision to terminate the investigation or close the case.

Article 4. Forms of Punishment

1. For each administrative violation in the field of statistics, the violator, whether an individual or an organization, must bear one of the following main forms of punishment:

a) Warning;

b) Fine.

2. Depending on the nature and degree of the violation, individuals or organizations committing administrative violations in the field of statistics may also be subject to one or more supplementary forms of punishment and other measures as provided for in Clause 2 and Clause 3 of Article 11 of the Administrative Violation Handling Ordinance.

 

Chapter II

VIOLATIONS OF ADMINISTRATIVE LAW, FORMS, AND LEVELS OF PUNISHMENT

Article 5. Violations of Regulations on the Use of Statistical Forms

1. Warning or a fine of from VND 100,000 to VND 500,000 for using statistical forms not issued by authorized agencies or those that have exceeded their usage period, including statistical reports, survey questionnaires, interview sheets, survey result reports, and other provisions of the survey plan.

2. A fine of over VND 500,000 to VND 1,000,000 if the violation is repeated as specified in Clause 1 of this Article.

3. Supplementary measures: ordering the cessation of use of the statistical form; requiring the resubmission of the correct statistical report as prescribed, to the competent authorities.

Article 6. Violations in issuing, supplementing, or amending statistical systems

1. A fine of VND 1,000,000 to VND 4,000,000 shall be imposed for any of the following acts:

Intentionally implementing or compelling others to implement acts of supplementing, amending statistical report forms, classification tables, survey plans, contents of guiding documents on statistics, or methods of calculating economic and social statistical indicators contrary to the current statistical system of the State.

2. A fine of more than VND 4,000,000 to VND 7,000,000 shall be imposed for the act of issuing a system of statistical indicators, reporting and survey systems without authority or contrary to the current statistical system of the State.

3. Supplementary measures shall be applied: revoke and recover statistical report forms issued, supplemented, or amended without authority or contrary to the current statistical system of the State.

Article 7. Reporting false statistical data

1. A fine of VND 2,000,000 to VND 5,000,000 shall be imposed for the act of reporting data that is less or more than the actual amount or exceeds the permissible error rate in statistics.

2. A fine of more than VND 5,000,000 to VND 7,000,000 shall be imposed for the act of reporting false economic and social phenomena.

3. A fine of more than VND 7,000,000 to VND 20,000,000 shall be imposed for the act of falsifying data, intentionally reporting or compelling others to report false statistical data.

4. Supplementary measures shall be applied: re-reporting the correct economic and social phenomena according to the correct statistical method and submitting it to competent authorities.

Article 8. Submitting statistical reports untimely or incompletely

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

a) Submitting statistical reports late by less than 20 days compared to the prescribed regulations;

b) Submitting incomplete quantities of forms or incomplete indicators for monthly, quarterly reports compared to the prescribed regulations.

2. A fine of VND 1,000,000 to VND 3,000,000 shall be imposed for any of the following acts:

a) Submitting statistical reports late from 20 to less than 60 days compared to the prescribed regulations;

b) Submitting incomplete quantities of forms or incomplete indicators for semi-annual, nine-month, and annual reports compared to the prescribed regulations.

3. A fine of more than VND 3,000,000 to VND 10,000,000 shall be imposed for the act of not submitting statistical reports.

4. Supplementary measures shall be applied: re-reporting the correct economic and social phenomena according to the correct statistical method and submitting it to competent authorities.

Article 9. Violations of statistical methods

1. A warning or a fine of VND 200,000 to VND 1,000,000 shall be imposed for the act of recording unclear data, correcting, erasing statistical data and documents.

2. A fine of more than VND 1,000,000 to VND 5,000,000 shall be imposed for the act of applying incorrect statistical methods.

3. A fine of more than VND 5,000,000 to VND 15,000,000 shall be imposed for the act of intentionally applying incorrect or compelling others to apply incorrect statistical methods.

4. Supplementary measures shall be applied: compel to recalculate according to the correct statistical method; re-report and submit to competent authorities.

Article 10. Violations of the system for providing and publishing statistical data and documents

1. A warning or a fine of VND 100,000 to VND 500,000 shall be imposed if providing incomplete or inaccurate statistical data and documents as required by competent authorities.

2. A fine of more than VND 500,000 to VND 2,000,000 shall be imposed for any of the following acts:

a) Obstructing or delaying the provision of statistical data and documents as required by competent authorities.

b) Not providing statistical data and documents as required by competent authorities.

3. A fine of VND 5,000,000 to VND 15,000,000 shall be imposed for the act of providing or publishing statistical data and documents that have not been published, disclosed, or declassified.

4. Supplementary measures shall be applied: compel to provide statistical data and documents to authorities and persons with authority.

Article 11. Violation of data and statistical record preservation regime

1. A fine of from VND 200,000 to VND 1,000,000 for violations of the provisions onpreserving data and statistical records; causing damage to statistical records butstill capable of restoration.

2. A fine of from over VND 1,000,000 to VND 5,000,000 for any of the following acts:

a) Causing damage to statistical records to the extent that they cannot be restored.

b) Causing loss of statistical records.

3. A fine of from over VND 5,000,000 to VND 15,000,000 for the act of destroying ordemanding others to destroy data and statistical records before the expiry of theprescribed period.

4. Supplementary measures shall be applied: restoring statistical records that are stillcapable of restoration; implementing the preservation of statistical data andrecords in accordance with the regulations of the State.

 

Chapter III

AUTHORITY, PROCEDURES FOR ADMINISTRATIVE SANCTIONS, COMPLAINTS, REPORTINGAND VIOLATION HANDLING IN THE STATISTICAL FIELD

ADMINISTRATIVE VIOLATIONS IN THE STATISTICAL FIELD

Article 12. Authority to impose administrative sanctions for violations in the statisticalfield of the specialized inspection agency

1. Specialized statistical inspectors at all levels while performing their duties have theright:

a) To impose a warning penalty;

b) To impose a fine up to VND 200,000.

c) To apply supplementary forms of administrative sanctions and other measures:confiscating objects and means used for administrative violations in the statisticalfield up to VND 500,000 in value and applying other measures prescribed in Clause3, Article 5; Clause 3, Article 6; Clause 4, Article 7; Clause 4, Article 9; Clause4, Article 10; Clause 4, Article 11 of this Decree.

2. The Heads of specialized statistical inspection agencies at provincial and centrallyrun city levels have the right:

a) To impose a warning penalty;

b) To impose fines up to VND 10,000,000;

c) To apply supplementary forms of administrative sanctions: applying measuresprescribed in Clause 3, Article 5; Clause 3, Article 6; Clause 4, Article 7; Clause4, Article 9; Clause 4, Article 10; Clause 4, Article 11 of this Decree.

3. The Head of the specialized statistical inspection agency under the General StatisticsOffice has the right:

a) To impose a warning penalty;

b) Impose a fine up to 20,000,000 dong;

c) To apply supplementary forms of administrative sanctions and other measuresprescribed in Clause 2, Article 4 of this Decree.

Article 13. Authority to impose administrative sanctions of the People's Committee atdistrict and provincial levels

1. The Chairman of the People's Committee at district level has the right:

a) To impose a warning penalty;

b) To impose fines up to VND 10,000,000;

c) To apply supplementary forms of administrative sanctions and other measures asprovided for in Clause 2, Article 4 of this Decree.

2. The Chairman of the People's Committee at provincial level has the right:

a) To impose a warning penalty;

b) Impose a fine up to 20,000,000 dong;

c) To apply supplementary forms of administrative sanctions and other measures asprovided for in Clause 2, Article 4 of this Decree.

Article 14. Delegation of authority to impose administrative sanctions

In cases where the person authorized to impose administrative sanctions for violationsin the statistical field as prescribed in Clause 2 and 3, Article 12; Article 13 ofthis Decree is absent or delegates authority, then the deputy may impose sanctionswithin the authority of the head.

Article 15. Determination of authority to impose administrative sanctions

1. The People's Committee at district and provincial levels has the authority to imposeadministrative sanctions for violations in the statistical field within its locality.

2. The specialized statistical inspection agencies at all levels have the authority toimpose administrative sanctions for violations in the statistical field within thescope of state management functions of the statistical sector.

3. In cases where the act of administrative violation in the statistical field falls withinthe authority to impose sanctions of multiple agencies, the administrative sanctionshall be carried out by the first handling agency.

Article 16. Procedures for imposing administrative sanctions in the statistical field

The procedures for imposing administrative sanctions in the statistical field shall becarried out in accordance with the provisions of Chapter VI of the AdministrativeOffense Handling Ordinance dated July 6, 1995.

Article 17. Enforcement of Administrative Sanction Decisions in the Field of Statistics

The enforcement of administrative sanction decisions in the field of statistics shall be carried out in accordance with Article 55 of the Administrative Violation Handling Ordinance dated July 6, 1995.

Article 18. Transfer of Violation Files for Criminal Liability Pursuit

When recognizing signs of criminal offenses in acts violating statistical laws, the authority responsible for imposing administrative sanctions must immediately transfer the file to the competent authority for handling.

Article 19. Administrative Sanctions for Acts of Obstructing Officials in the Field of Statistics

The imposition of administrative sanctions on acts of obstructing officials in the field of statistics shall be carried out according to Article 92 of the Administrative Violation Handling Ordinance and the provisions at points a and b, Clause 2, point c, Clause 3, Article 5 of Government Decree No. 49/CP dated August 15, 1996 on administrative sanctions in the field of security and public order.

Article 20. Time Limit for Enforcing Administrative Sanction Decisions

An administrative sanction decision in the field of statistics becomes void after one year from the date of issuance of the sanction decision. In cases where individuals or organizations deliberately evade or delay, this time limit shall not apply.

Article 21. Complaints, Accusations, and Resolution of Complaints and Accusations Regarding Administrative Sanction Decisions

Complaints, accusations, and resolution of complaints and accusations regarding administrative sanction decisions in the field of statistics shall be carried out in accordance with the law on complaints and accusations.

Article 22. Handling of Violations

Handling violations against authorities responsible for imposing administrative sanctions in the field of statistics shall be carried out according to Article 91 of the Administrative Violation Handling Ordinance.

 

Chapter IV

IMPLEMENTING PROVISIONS

Article 23.Time Limit for Enforcement

This Decree takes effect fifteen days from the date of signature, replacing the provisions on administrative sanctions in the field of statistics in Government Decree No. 52/HĐBT dated February 19, 1992. All previous regulations contrary to this Decree are abolished.

"d) Within no more than one working day from the date of receiving the dossier submitted for administrative procedures by the specialized agency assigned by the Provincial People's Committee, the Chairman of the Provincial People's Committee shall issue a notification of the result of the inspection of plant-based food exports or a certificate at the request of the importing country.".Implementation Provisions

1. The Director of the General Statistics Office is responsible for guiding the implementation of this Decree.

2. Ministers, Heads of Ministries equivalent to ministries, Heads of agencies under the Government, Chairpersons of People's Committees of provinces and centrally governed cities are responsible for implementing this Decree./.