Nghị định 100/2021/NĐ-CP sửa đổi, bổ sung Nghị định 95/2016/NĐ-CP quy định xử phạt VPHC lĩnh vực thống kê

DECREE

Amending and supplementing a number of articles of the Government’s Decree No. 95/2016/ND-CP dated July 01, 2016 on sanctioning of administrative violations in the field of statistics

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Pursuant to the Law on Organization of the Government dated June 19, 2015; the Law Amending and Supplementing a Number of Articles of the Law on Organization of the Government and the Law on Organization of Local Administration dated November 22, 2019;

Pursuant to the Law on Handling of Administrative Violations dated June 20, 2012; the Law Amending and Supplementing a Number of Articles of the Law on Handling of Administrative Violations dated November 13, 2020;

Pursuant to the Statistics Law dated November 23, 2015;

At the proposal of the Minister of Planning and Investment;

The Government promulgates the Decree amending and supplementing a number of articles of the Decree No. 95/2016/ND-CP of the Government dated July 1, 2016 on sanctioning of administrative violations in the field of statistics.

Article 1. Amending and supplementing a number of articles of the Decree No. 95/2016/ND-CP of the Government dated July 01, 2016 on sanctioning of administrative violations in the field of statistics as follows:

1. Amend and supplement a number of clauses of Article 2 as follows:

a) Add Clause 4a below Clause 4 as follows:

“4a. Organizations sanctioned for administrative violations specified in Clauses 1, 2, 3 and 4 of this Article include:

a) State bodies that commit violations not within the assigned tasks of state management of statistics;

b) People's armed forces units;

c) Non-business units;

d) Agencies of the Communist Party of Vietnam;

dd) Socio-political organizations, socio-political-professional organizations, social organizations, socio-professional organizations;

e) Economic organizations established under the provisions of the Law on Enterprises, including: sole proprietorships, joint stock companies, limited liability companies, partnerships and their dependent units (branches, representative offices);

g) Economic organizations established under the Law on Cooperatives, including: Cooperatives, unions of cooperatives;

h) Other organizations established in accordance with law.”.

b) Add Clause 4b below Clause 4a as follows:

“4b. Business households and households that commit administrative violations specified in this Decree shall be subject to the same sanctions to be imposed on individuals.”.

c) Amend Clause 7 as follows:

“7. Article 13 of this Decree shall not be applied to sanction administrative violations of press agencies and publishers.

The sanctioning of administrative violations of press agencies and publishers shall comply with the Government's regulations on sanctioning of administrative violations related to press and publication activities.”.

2. Add Article 3a below Article 3 as follows:

“Article 3a. Time to calculate the limitations for sanctioning administrative violations

1. The administrative violations that are determined to be being performed are the violations specified in Clause 1 and at Points c, d, Clause 5, Article 5; in Clause 5, Article 7 of this Decree.

2. The time of termination of administrative violations for a number of administrative violations specified in this Decree is determined as follows:

a) For administrative violations specified at Points a, c, Clause 2, Clauses 3 and 4, Article 5 of this Decree, the termination time is determined when individuals or organizations complete the submission of questionnaires or forms of statistical survey;

b) For administrative violations specified in Clause 1 Article 6; Article 8; Clause 1 Article 9; Clause 1, Point a Clause 2 Article 10 of this Decree, the termination time is determined when individuals or organizations complete the submission of statistical reports;

c) For administrative violations specified in Clause 1, Article 11 of this Decree, the termination time is determined when individuals or organizations commit the acts of exploiting, using the statistical databases of statistical indicators, statistical information not yet publicized;

d) For administrative violations specified in Clause 2, Article 11 of this Decree, the termination time is determined when individuals or organizations commit the acts of using administrative databases for other purposes than statistics, providing the administrative data to a third party without a written consent of the organization or individual competent to manage the database;

dd) For administrative violations specified in Clause 1, Article 12 of this Decree, the termination time is determined when individuals or organizations commit the acts of disseminating data and information in the statistical database of state statistical information not in the list of state secrets that have not been yet publicized according to regulations on the mass media, social networks or publications;

e) For administrative violations specified in Clause 2, Article 12 of this Decree, the termination time is determined when individuals or organizations commit the acts of dissemination of untruthful statistical information on the mass media, social networks or publications;

g) For administrative violations specified in Clauses 1, 1a, Article 13 of this Decree, the termination time is determined when individuals or organizations commit the acts of disseminating and posting the information on mass media or publications;

h) For administrative violations specified in Clauses 2, 3 and 4, Article 13 of this Decree, the termination time is determined when individuals or organizations commit the acts of posting statistical information distorted by individuals or organizations in the national-, ministerial-, branch-, provincial-, district- and commune-level system of statistical indicators that is announced by competent agencies to post it on mass media or publications;

i) For administrative violations specified at Point b, Clause 2, Article 14 of this Decree, the termination time is determined when individuals or organizations lose their questionnaires or forms of statistical survey, statistical report that contain statistical information.

k) For administrative violations specified in Article 15 of this Decree, the termination time is determined when individuals or organizations disclose statistical information in questionnaires or forms of statistical survey, statistical reports, and administrative data, statistical data associated with names, specific addresses of individuals or organizations, unless such organizations or individuals so agree.

3. The time to calculate the limitations for sanctioning administrative violations shall comply with the provisions of Clause 1, Article 6 of the Law on Handling of Administrative Violations.”.

3. Add Article 3b below Article 3a as follows:

“Article 3b. Repeated administrative violations

In case violators commit administrative violations many times for those specified in Chapter II of this Decree, they shall be sanctioned for one act of administrative violation and the aggravating circumstances shall be applied as specified at Point b, Clause 1, Article 10 of the Law on Handling of Administrative Violations, except for the violations specified in Articles 5, 6, 7 and 8 of this Decree.

4. Add Article 3c below Article 3b as follows:

“Article 3c. Time limit for execution of remedial measures

1. For remedial measures specified in Clauses 1, 4, 5, 6, Article 3 of this Decree, the time limit for execution of remedial measures is 10 working days after the individuals or organizations receive decisions on sanctioning administrative violations.

2. For remedial measures specified in Clauses 2 and 3, Article 3 of this Decree, the time limit for execution of remedial measures is 30 working days after the individuals or organizations receive decisions on sanctioning administrative violations.

3. In case the decisions on sanctioning administrative violations or the decisions on application of remedial measures stipulate the time limit of execution, the time limit specified in the decisions shall be followed.”.

5. Amend and supplement a number of clauses of Article 13 as follows:

a) Amend Clause 1 as follows:

“1. A warning shall be imposed for failing to clearly cite the sources of statistical information when disseminating and posting the information on mass media or publications.”.

b) Add Clause 1a below Clause 1 as follows:

“1a. A fine of between VND 500,000 and VND 1,000,000 shall be imposed for the act of citing the wrong sources of statistical information when disseminating and posting the information on mass media or publications.”

c) Amend Point a, Clause 5 as follows:

“a) Forcible correction of statistical information sources that have been cited, disseminated or posted, for the act of violation specified in Clauses 1 and 1a of this Article;”.

6. Amend and supplement a number of clauses of Article 14 as follows:

a) Amend Clause 1 as follows:

“1. A warning shall be imposed for the act of damaging less than 50% of the number of statistical information indicators in the questionnaires or forms of statistical survey, statistical reports within the storage time limit, but such information is still recoverable.”.

b) Add Clause 1a below Clause 1 as follows:

“1a. A fine of between VND 500,000 and VND 1,000,000 shall be imposed for damaging 50% or more of the number of statistical information indicators in the questionnaires or forms of statistical survey, statistical reports within the storage time limit, but such information is still recoverable.”.

c) Amend Clause 3 as follows:

“3. Apply remedial measures: Forcible restoration of recoverable questionnaires or forms of statistical survey, statistical reports, for the act of violation Regulations specified in Clauses 1 and 1a of this Article.”.

7. Amend and supplement Article 17 as follows:

“Article 17. Competence to sanction administrative violations

1. Inspectors and persons assigned to perform the task of specialized inspection who are on duty may: impose warnings.

2. Chief Inspectors of provincial-level departments; Head of specialized inspection team of the General Statistics Office; Head of specialized inspection teams of the Statistical Departments of provinces and centrally run cities; Heads of provincial-level specialized inspection teams may:

a) Impose warnings;

b) Impose a fine of up to VND 15,000,000;

c) Apply remedial measures prescribed in this Decree.

3. Directors of Departments of Statistics of provinces and centrally run cities; Heads of ministerial-level specialized inspection teams may:

a) Impose warnings;

b) Impose a fine of up to VND 21,000,000;

c) Apply remedial measures prescribed in this Decree.

4. General Director of the General Statistics Office; Chief Inspectors of ministries and ministerial-level agencies may:

a) Impose warnings;

b) Impose a fine of up to VND 30,000,000;

c) Apply remedial measures prescribed in this Decree.”.

8. Amend and supplement Article 18 as follows:

“Article 18. Determination of competence to sanction administrative violations

1. Chairpersons of commune-level People's Committees may impose sanctions on administrative violations for the violations specified in Clauses 1, 2 and 3 Article 5; Clauses 1 and 2 Article 7; Clause 1, Article 8 of this Decree.

2. Chairpersons of district-level People's Committees may impose sanctions on administrative violations for the violations specified in Article 5; Article 6; Clauses 1, 2, 3 and 4 Article 7; Article 8; Article 9; Clause 1, Article 10; Clause 1, Article 11; Clauses 1, 1a, 2 and 3, Article 13; Article 14 of this Decree.

3. Chairpersons of provincial-level People's Committees may impose sanctions on administrative violations for violations specified in the Chapter II of this Decree.

4. Inspectors and persons assigned to perform specialized inspection tasks on official duty of ministries and ministerial-level agencies assigned by the Government to perform national statistical indicators, including: the Ministry of Planning and Investment; the Ministry of Natural Resources and Environment; the Ministry of Home Affairs; the Ministry of Finance; Ministry of Justice; the Ministry of Information and Communications; the Ministry of Construction; the Ministry of Agriculture and Rural Development; the Ministry of Industry and Trade; the Ministry of Transport; the Ministry of Science and Technology; the Ministry of Education and Training; the Ministry of Health; the Ministry of Culture, Sports and Tourism; the Ministry of Public Security; the Ministry of National Defence; the State Bank of Vietnam; provincial-level departments and equivalent agencies of the ministries and ministerial-level agencies mentioned in this Clause may impose sanctions on administrative violations for the violations specified in Clause 1, Article 5; Clause 1, Article 7 of this Decree.

5. Chief Inspectors of provincial-level departments; Head of specialized inspection team of the General Statistics Office; Head of specialized inspection teams of the Statistical Departments of provinces and centrally run cities; Heads of provincial-level specialized inspection teams may impose sanctions on administrative violations for the violations specified in Article 5; Article 6; Clauses 1, 2, 3 and 4 Article 7; Article 8; Article 9; Clause 1 Article 10; Clause 1, Article 11; Clauses 1, 1a, 2 and 3, Article 13; Article 14 of this Decree.

6. Directors of Departments of Statistics of provinces and centrally run cities; Heads of ministerial-level specialized inspection teams may impose sanctions on administrative violations for the violations specified in Article 5; Article 6; Article 7; Article 8; Article 9; Article 10; Article 11; Clause 1, Article 12; Article 13; Article 14 of this Decree.

7. General Director of the General Statistics Office; Chief Inspectors of ministries and ministerial-level agencies specified in Clause 4 of this Article may impose sanctions on administrative violations for violations specified in the Chapter II of this Decree.”

Article 2. Clause 6, Article 2 of the Decree No. 95/2016/ND-CP of the Government dated July 01, 2016 on sanctioning of administrative violations in the field of statistics is annulled.

Article 3. Implementation provisions

1. This Decree takes effect from January 01, 2022.

2. Ministers, Heads of ministerial-level agencies, Heads of government-attached agencies and Chairpersons of People’s Committees of provinces and centrally-run cities and relevant organizations, individuals shall take responsibility for the implementation of this Decree./.