Decree No. 95/2016/ND-CP on administrative penalties for violations in the field of statistics

DECREE

REGULATIONS ON ADMINISTRATIVE PENALTIES FOR VIOLATIONS IN THE FIELD OF STATISTICS

Pursuant to the Law on Government Organization dated June 19, 2015;

Pursuant to the Law on Handling Administrative Violations dated June 20, 2012;

Pursuant to the Law on Statistics dated November 23, 2015;

At the proposal of the Minister of Planning and Investment;

The Government promulgates this Decree stipulating administrative penalties for violations in the field of statistics.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

1. This Decree stipulates acts of administrative violations; forms of administrative penalties, penalty amounts, and measures to remedy consequences for each act of administrative violation; authority to impose penalties, specific fine amounts according to each position and authority to prepare administrative violation reports for administrative violations in the field of state statistics.

2. Administrative violations in the field of statistics as prescribed in this Decree include:

a) Violations of regulations on statistical surveys;

b) Violations of regulations on statistical reporting;

c) Violations of regulations on using administrative data for statistical activities, using statistical databases;

d) Violations of regulations on disseminating and using statistical information;

đ) Violations of regulations on storing statistical documents.

1. Organizations and individuals committing administrative violations related to plant seeds, plant protection, and plant quarantine within the territory of Vietnam.

1. Individuals and organizations implementing statistical reporting systems, statistical surveys.

2. Individuals and organizations disseminating and using statistical information.

3. Individuals and organizations subject to statistical surveys.

5. In cases where civil servants, public officials, or employees commit acts of violation within their official duties in the field of statistics, they shall not be subject to administrative penalties but shall be handled in accordance with the laws on civil servants, public officials, and employees.

Administrative penalties imposed on press agencies shall be carried out in accordance with Article 8 of Decree No. 159/2013/NĐ-CP dated November 12, 2013 of the Government on administrative penalties for violations in press and publishing activities.

The measures to remedy consequences prescribed in this Decree include:

1. Compelling the cancellation of statistical reports.

2. Compelling the cancellation of survey questionnaires and statistical survey forms and compelling the cancellation of statistical survey results.

3. Compelling the restoration of survey questionnaires, statistical report forms that are still capable of being restored.

4. Compelling the correction of sources of statistical information that have been cited, disseminated, or published.

5. Compelling the correction of false or misleading statistical information that has been disseminated.

6. Compelling the correction of statistical information that has been disseminated, published, or recorded on publications that are incorrect.

Article 4. Provisions on fines for individuals and organizations

The fines prescribed in Chapter II of this Decree apply to individuals. The fine for organizations is twice the amount of the fine for individuals for the same act of violation.

Chapter II

ACTS OF ADMINISTRATIVE VIOLATION, FORMS OF ADMINISTRATIVE PENALTY AND MEASURES TO REMEDY CONSEQUENCES

Article 5. Violations in statistical survey activities

1. Warning penalty for delaying the implementation of requirements of statistical surveyors as stipulated in the survey plan.

2. Fine from VND 300,000 to VND 1,000,000 for one of the following acts:

a) Submitting survey questionnaires and forms later than five days from the deadline specified in the survey plan under the indirect survey method where respondents self-report information onto the forms as instructed by the surveyor;

b) Submitting insufficient survey questionnaires and forms under the indirect survey method compared to the requirements of the survey plan;

c) Failing to record all newly generated information on survey questionnaires and forms as required by the survey plan.

3. Fine from VND 1,000,000 to VND 3,000,000 for submitting survey questionnaires and forms later than five days but less than ten days from the deadline specified in the survey plan under the indirect survey method.

4. Fine from VND 3,000,000 to VND 7,000,000 for one of the following acts:

a) Recording inaccurate initial information provided by the surveyed individual or organization on the survey form;

b) Entering information on survey questionnaires and forms without conducting actual surveys at the surveyed unit as required by the survey plan;

c) Falsely recording newly generated information on survey questionnaires and forms under the indirect survey method;

d) Submitting survey questionnaires and forms later than ten days from the deadline specified in the survey plan under the indirect survey method.

5. Fine from VND 7,000,000 to VND 10,000,000 for one of the following acts:

a) Not implementing or obstructing the implementation of statistical surveys;

b) Providing false information or forcing others to provide false information during statistical surveys;

c) Not sending the results of non-national statistical survey programs to competent statistical authorities within the centralized statistical system within fifteen days from the date of announcing the survey results;

d) Not providing online access to the content and data of statistical surveys to the devices designated by the survey agency or the person conducting the survey as stipulated in the survey plan.

6. Applying remedial measures: Compelling the cancellation of survey questionnaires and forms for violations at point a, point b, point c, Clause 4 and point b Clause 5 of this Article.

Article 6. Violation of regulations on the use of statistical report forms

1. A fine of VND 1,000,000 to VND 3,000,000 shall be imposed for the act of preparing a statistical report that does not comply with the form issued by the competent authority.

2. Measures to remedy consequences shall be applied: Compel the cancellation of the statistical report prepared in violation of Clause 1 of this Article.

Article 7. Violation of regulations on the deadline for submitting statistical reports and financial reports to state statistical agencies as prescribed by law

1. A warning shall be given for the act of submitting a report late compared to the prescribed regime:

a) Less than five days for monthly statistical reports;

b) Less than ten days for quarterly, six-monthly, and nine-monthly statistical reports and financial reports;

c) Less than fifteen days for annual statistical reports and financial reports.

2. A fine of VND 1,000,000 to VND 3,000,000 shall be imposed for the act of submitting a report late compared to the prescribed regime:

a) From five to less than ten days for monthly statistical reports;

b) From ten to less than fifteen days for quarterly, six-monthly, and nine-monthly statistical reports and financial reports;

c) From fifteen to less than twenty days for annual statistical reports and financial reports.

3. A fine of VND 3,000,000 to VND 5,000,000 shall be imposed for the act of submitting a report late compared to the prescribed regime:

a) From ten to fifteen days for monthly statistical reports;

b) From fifteen to less than twenty days for quarterly, six-monthly, and nine-monthly statistical reports and financial reports;

c) From twenty to less than thirty days for annual statistical reports and financial reports.

4. A fine of VND 5,000,000 to VND 10,000,000 shall be imposed for the act of submitting a report late compared to the prescribed regime:

a) From twenty to thirty days for quarterly, six-monthly, and nine-monthly statistical reports and financial reports;

b) From thirty to forty-five days for annual statistical reports and financial reports.

5. A fine of VND 10,000,000 to VND 20,000,000 shall be imposed for the act of failing to submit statistical reports and financial reports.

The act of failing to submit statistical reports and financial reports is defined as not submitting the statistical report and financial report within fifteen days from the prescribed regime for monthly statistical reports, thirty days from the prescribed regime for quarterly, six-monthly, and nine-monthly statistical reports, and forty-five days from the prescribed regime for annual statistical reports and financial reports to the competent state statistical agency.

Article 8. Violation of regulations on the completeness requirement of statistical reports

1. A fine of VND 1,000,000 to VND 3,000,000 shall be imposed for the act of reporting incomplete quantities of forms or statistical indicators in the monthly reporting system.

2. A fine of VND 3,000,000 to VND 5,000,000 shall be imposed for the act of reporting incomplete quantities of forms or statistical indicators in the quarterly, six-monthly, and nine-monthly reporting system.

3. A fine of VND 5,000,000 to VND 10,000,000 shall be imposed for the act of reporting incomplete quantities of forms or statistical indicators in the annual reporting system.

Article 9. Violation of regulations on statistical methods

1. A fine of VND 5,000,000 to VND 7,000,000 shall be imposed for one of the following acts:

a) Preparing a statistical report that does not comply with the prescribed calculation method for indicators in the statistical report;

b) Preparing a statistical report that does not comply with the prescribed scope of data collection for statistics.

2. Measures to remedy consequences shall be applied: Compel the cancellation of the statistical report prepared in violation of Clause 1 of this Article.

Article 10. Violation of regulations on the accuracy requirement of statistical reports

1. A fine of VND 5,000,000 to VND 7,000,000 shall be imposed for the act of preparing a statistical report that does not fully include the source of data in the statistical reporting system issued by the competent authority.

2. A fine of VND 15,000,000 to VND 20,000,000 shall be imposed for one of the following acts:

a) Misstating data in a statistical report;

b) Agreeing or compelling others to misstate data in a statistical report.

3. Measures to remedy consequences shall be applied: Compel the cancellation of the statistical report for violations under this Article.

Article 11. Violations concerning the use of statistical databases and administrative databases

1. A fine of VND 7,000,000 to VND 10,000,000 shall be imposed for the act of exploiting and using statistical databases of unannounced statistical indicators and statistical information.

2. A fine of VND 10,000,000 to VND 20,000,000 shall be imposed for the act of using administrative databases not for statistical purposes, providing administrative data to third parties without the written consent of the competent organization or individual managing the database.

Article 12. Violations concerning the dissemination of statistical information

1. A fine of VND 10,000,000 to VND 20,000,000 shall be imposed for disseminating data and information in national statistical databases that are not classified as state secrets and have not been announced according to regulations.

2. A fine of VND 20,000,000 to VND 30,000,000 shall be imposed for disseminating false statistical information.

3. Measures to remedy consequences: Compel correction of falsely disseminated statistical information as provided for in Clause 2 of this Article.

Article 13. Violations concerning the use of statistical information

a) Citing statistical information without clearly indicating the source when disseminating or publishing on mass media or publications;

b) Citing statistical information incorrectly regarding the source when disseminating or publishing on mass media or publications.

2. A fine of VND 3,000,000 to VND 5,000,000 shall be imposed for distorting statistical information belonging to the provincial, district, commune-level statistical indicator system that has been officially announced by the competent authority and published on mass media or publications.

3. A fine of VND 5,000,000 to VND 10,000,000 shall be imposed for distorting statistical information belonging to the ministry and sector-level statistical indicator system that has been officially announced by the competent authority and published on mass media or publications.

4. A fine of VND 10,000,000 to VND 20,000,000 shall be imposed for distorting statistical information belonging to the national statistical indicator system that has been officially announced by the competent authority and published on mass media or publications.

5. Measures to remedy consequences:

b) Compel correction of statistical information that has been published or recorded in publications that are false for violations under Clauses 2, 3, and 4 of this Article.

Article 14. Violations concerning the preservation and storage of statistical documents

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

a) Causing damage to survey forms, reports containing statistical information within the retention period, but incapable of being restored;

b) Losing survey forms, reports containing statistical information;

c) Destroying survey forms, reports containing statistical information before the end of the retention period.

Article 15. Violation of provisions on the confidentiality of information of each individual and organization providing statistical information

A fine of from VND 20,000,000 to VND 30,000,000 shall be imposed for disclosing statistical information in questionnaires, survey forms, statistical reports, and administrative data, statistical data linked with the name and specific address of each individual and organization without their consent.

Chapter III

AUTHORITY TO ISSUE ADMINISTRATIVE VIOLATION DECISIONS AND VIOLATION RECORDS

Article 16. Competence to impose penalties of the Chairman of the People's Committee

1. The Chairperson of the People's Committee at the commune level has the right to:

a) To issue warnings;

b) A fine of up to VND 3,000,000.

2. The Chairperson of the People's Committee at the district level has the right to:

a) To issue warnings;

b) Impose fines up to 15,000,000 VND;

c) To apply remedial measures as prescribed in this Decree.

3. The Chairman of the Provincial People's Committee has the authority to:

a) To issue warnings;

b) Impose fines up to thirty million dong;

c) To apply remedial measures as prescribed in this Decree.

1. Inspectors of the Ministry of Planning and Investment, persons assigned to perform specialized inspection tasks in statistics while performing official duties have the right to issue warnings.

2. The Director of the Provincial Statistics Office under the central city; the Head of the specialized inspection team of the Ministry of Planning and Investment; the Head of the specialized inspection team of the General Statistics Office have the right to:

a) To issue warnings;

b) To impose fines up to VND 21,000,000;

c) To apply remedial measures as prescribed in this Decree.

3. The Chief Inspector of the Ministry of Planning and Investment, the Director-General of the General Statistics Office have the right to:

a) To issue warnings;

b) Impose fines up to thirty million dong;

c) To apply remedial measures as prescribed in this Decree.

4. The Head of the inspection team of the Provincial Statistics Office under the central city have the right to:

a) To issue warnings;

b) Impose fines up to 15,000,000 VND;

c) To apply remedial measures as prescribed in this Decree.

1. Within the scope of state management authority of ministries assigned by the Government to implement national statistical indicators including: Ministry of Natural Resources and Environment; Ministry of Home Affairs; Ministry of Finance; Ministry of Justice; Ministry of Information and Communications; Ministry of Construction; Ministry of Agriculture and Rural Development; Ministry of Industry and Trade; Ministry of Transport; Ministry of Science and Technology; Ministry of Education and Training; Ministry of Health; Ministry of Culture, Sports and Tourism; Ministry of Public Security; Ministry of National Defense; State Bank of Vietnam, inspectors, chief inspectors under the ministry, agency at the ministerial level, chief inspectors of provincial departments have the competence to impose penalties for administrative violations in the field of statistics.

2. Inspectors of the ministries, specialized departments specified in Clause 1 of this Article have the right to issue warnings for administrative violations in statistics as stipulated in Clauses and Articles of this Decree as follows:

a) Clause 1, Article 5;

b) Clause 1, Article 7;

c) Clause 1, Article 13;

d) Clause 1, Article 14.

3. Chief inspectors of ministries, agencies at the ministerial level, specialized departments specified in Clause 1 of this Article have the right to issue warnings or impose fines not exceeding VND 30,000,000 and apply remedial measures as prescribed from Article 5 to Article 15 of this Decree.

Article 19. Determining the Competence to Impose Penalties

The competence to impose administrative penalties of the positions specified in Articles 16, 17, and 18 of this Decree applies to an individual's administrative violation. In cases of fines, the penalty authority for organizations is twice the penalty authority for individuals.

Article 20. Competence to Draft Administrative Violation Records in the Field of Statistics

When discovering administrative violations in the field of statistics, those with authority must promptly draft administrative violation records.

Those authorized to draft administrative violation records in the field of statistics are civil servants in the Statistics sector performing inspection, supervision, and monitoring tasks related to statistical activities and those authorized to impose administrative penalties in the field of statistics while performing official duties.

Chapter IV

IMPLEMENTING PROVISIONS

Article 21. Effective Date

This Decree takes effect from July 1, 2016, and replaces Government Decree No. 79/2013/NĐ-CP dated July 19, 2013, which stipulates administrative penalties in the field of statistics.

Article 22. Responsibility for enforcement

Ministers, Heads of agencies at the ministerial level, Heads of government agencies, Chairmen of People's Committees of provinces and centrally governed cities, and relevant organizations and individuals are responsible for implementing this Decree./.