Nghị định 84/2011/NĐ-CP về xử phạt hành chính trong lĩnh vực giá

DECREE

PROMULGATING SANCTIONS AGAINST ADMINISTRATIVE VIOLATIONS OF PRICING

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THE GOVERNMENT

Pursuant to the December 25, 2001 Law on Organization of the Government;

Pursuant to the Law No. 56/2010/QH12 on Inspection which have been passed by the XII­th National Assembly at its 8th session on November 15, 2011;

Pursuant to the April 24, 2002 Ordinance on Prices;

Pursuant to the July 02, 2002 Ordinance on Handling of Administrative Violation; the April 02, 2008 Ordinance Amending and Supplementing a Number of Articles of the Ordinance on Handling of Administrative Violations.

At the proposal of the Minister of Finance,

DECREES:

Chapter I

GENERAL PROVISIONS

Article 1. Regulation scope

1. This Decree prescribes acts of administrative violations of pricing, forms and rates of sanctions, competence and procedures for sanctioning against administrative violations of pricing (including administrative violations of price and valuation).

Regarding other administrative violations of pricing not specified in this Decree, the provisions of other Government’s Decrees on sanctioning against administrative violations in the related areas of state management shall apply.

Article 2. Subjects of application

1. Individuals and organizations deliberately or unintentionally committing violations of any law provisions on state management of pricing but the violation is not liable to criminal prosecution, shall be sanctioned against administrative violations in the field price.

2. In case the international agreements which Vietnam has signed or acceded provide for handling of administrative violations of pricing regarding foreign organizations and individuals engaging in lawful business, production and supply of goods and services under the law provisions in Vietnam differently than that specified in this Decree, the provisions of the international agreements shall apply.

Article 3. Principles for sanctioning against administrative violations

1. The sanction against administrative violations must be executed by competent persons under Article 23 of this Decree and Article 15 of the Government’s Decree No. 128/2008/ND-CP of December 16, 2008 detailing the implementation of a number of articles of the 2002 Ordinance on Handling of Administrative Violation and the 2008 Ordinance Amending and Supplementing of a Number of Articles of the Ordinance on Handling of Administrative Violations.

2. All acts of administrative violations of pricing must be promptly detected and suspended. The sanctions against administrative violations of pricing must be carried out swiftly and lawfully; all consequences caused by administrative violations of pricing must be remedied in accordance with law provisions.

3. An act of administrative violation of pricing shall be sanctioned only once. Organizations and individuals committing multiple administrative violations of pricing shall be sanctioned for every single act of violation. If many organizations and individuals jointly commit an act of administrative violation of pricing, each organization or individual shall be sanctioned.

4. The sanctions against administrative violations must be based on the nature and seriousness of the violations, and the mitigating as well as aggravating circumstances in order to decide appropriate forms and rates of sanction.

Article 4. Mitigating and aggravating circumstances of administrative violations

1. Mitigating circumstances

a) The violators have promptly prevented or reduced harms caused by the violations or the violators voluntarily remedy the consequences of and compensate for damage caused by their violations;

b) The violators have voluntarily reported their violations;

2. Aggravating circumstances

a) Committing violations systematically;

b) Committing violations in pricing twice or more;;

c) Misusing one’s positions and powers to commit violations;

d) Taking advantage of war, natural disasters or other special social difficulties to commit violations;

dd) Committing violations while serving criminal sentences or decisions on handling administrative violations;

e) Continuing to commit administrative violations though having previously been requested by the competent persons to terminate such acts;

g) Failing to comply with the decision on sanctioning against administrative violations issued by the state management agency and the competent persons after committing the violation; hiding or concealing administrative violations.

Article 5. The statute of limitations for sanctioning against administrative violations

1. Statute of limitations for sanctioning against an administrative violation of pricing is two (02) years as from the date such administrative violations are committed.

2. Individuals who were prosecuted or given decisions to be brought to trial under criminal procedures, but later given decisions to suspend investigation or suspend the cases in which the acts of violation denote administrative violations of pricing, shall be administratively sanctioned; within three days as from the date of issuing the decisions to suspend the investigation, suspend the cases, the decision issuers must deliver the decisions to the persons competent for sanctioning; regarding this case, the statute of limitations for sanctioning against administrative violations shall be three (03) months as from the date the persons competent for sanctioning receive the suspension decisions and the dossiers of the violations.

3. Within the time limits prescribed in Clauses 1 and 2 of this Article, if the individuals or organizations continue to commit new administrative violations of pricing or deliberately evade or obstruct the sanctioning, the statute of limitations prescribed in Clauses 1 and 2 of this Article shall not apply; the statute of limitations for sanctioning against administrative violations shall be re-calculated as from the moment the new administrative violations are committed or the moment the acts of evading and/or obstructing the sanctioning terminate.

Article 6. The statute of limitations for execution of decisions on sanctioning against administrative violations

Statute of limitations for execution of decisions on sanctioning against administrative violations of pricing is one (01) years as from the date the sanctioning decision is issued; if such decision were not executed upon termination of this period of time, the sanction decision shall not be executed, but the remedial measures specified in the decision still apply.

When organizations and individuals who are subject to sanctions, deliberately evade or defer the execution of sanctioning decisions, the above mentioned statute of limitations shall be re-calculated as from the moment the acts of evading or deferring are stopped.

Article 7. Time limit for being considered not ever been administratively sanctioned

Organizations and individuals being sanctioned against administrative violations, shall be considered not ever been administratively sanctioned if over one (01) years as from the date the sanctioning decision is completely served or the expiry date of the statute of limitations for executing the of sanctioning decisions, they do not commit any violations again.

Article 8. Forms of sanctions and measures to remedy consequences of administrative violations

For each act of administrative violation of pricing, the individuals or organizations committing violations must be subject to one of the following principal forms of sanction:

a) Cautions;

b) Fines.

2. Depending on the nature and seriousness of violations, individuals and/or organizations that commit administrative violations may also be subject to the application of one or more of the following additional forms of sanction:

a) Suspending the application of the unreasonable price of goods and services decided by organizations and individuals manufacturing, trading, supplying goods and services and a request to apply the prices prior to the unreasonable price increase;

b) Depriving up to twelve (12) months or indefinitely the right to use certificates of eligibility for trading, supplying goods and services, valuation services; business licenses of all kinds of organizations and individuals manufacturing, trading, supplying goods and services as prescribed by law;

c) Depriving the right to anounce the eligibility for valuation in the succeeding year;

d) Depriving up to twelve (12) months or indefinitely the right to use the valuation practice card;

dd) Withdrawing the announcement on enterprise qualified for valuation issued by the Ministry of Finance in for the year of being sanctioned;

e) Withdrawing the valuation practice card being rented, lended for the establishment and eligibility of the valuation enterprise as prescribed by law.

3. In addition to the main and additional sanctions mentioned above, organizations and individuals committing administrative violations may also be subject to the compulsory implementation of one or a number of the following remedial measures:

a) The entire amount obtained from the unreasonable increase of price by organizations and individuals manufacturing, trading, supplying goods and services in comparison to the normal selling price, due to the reason that those organizations and individuals have calculated price constituents inconsistently with the policy and regime, the economic - technical norms and the Pricing Regulation issued by the competent authorities, shall be confiscated and remitted to the state budget;

b) The entire amount of subsidies for prices stabilization, subsidies, subsidies for transport of goods obtained from fictitious payment records; the entire amount of subsidies, subsidies for transport of goods, subsidies for supporting the implementation of price policies which were used for improper purposes shall be withdrawn and remitted to the state budget;

c) Being compelled to comply with the law provisions on pricing;

d) Being compelled to return to customers the full amount lost due to administrative violations of pricing. If such customers are unidentifiable, the amount shall be confiscated and remitted to the state budget;

e) Being compelled to incur all expenses on refunding the difference obtained from improper pricing on the organizations and individuals that have suffered from such pricing;

e) Being compelled to correct false, untrue information.

4. Forms of main sanctions, additional sanctions and remedial measures applicable to acts of administrative violation of pricing are prescribed in Chapter II of this Decree. The forms of additional sanction and remedial measures shall only be applied together with the main sanctions. In the case that the statute of limitations for sanctioning against administrative violations has expired, the main sanctions shall not be imposed, but remedial measures prescribed in Clause 3 of this Article still be applied.

5. When imposing a fine, the fine rates for a single act of administrative violation of pricing is the particular fine or the average of the fine bracket corresponding to the act as defined in this Decree. If the violation involves mitigating circumstances, the fine should be lower than the average of the fine bracket but not less than the minimum level of the fine bracket; if the violation involves aggravating circumstances, the fine may be higher the average of the fine bracket, but not exceeding the maximum level of the fine bracket.

Chapter 2.

ACTS OF ADMINISTRATIVE VIOLATION, FORMS AND RATES OF SANCTIONS

Section 1. ADMINISTRATIVE VIOLATIONS OF PRICING

Article 9. Sanctions imposed on violations of regulations on price stabilization

1. A fine of VND 10,000,000 for failing to report or reporting inconsistent with regulations at the request of state competent agencies.

2. A fine of VND 15,000,000 for failing to perform or improperly perform measures of price stabilization provided by the competent authorities.

3. A fine of VND 30,000,000 for acts of violating regulations on setting up and use of the price stabilization fund.

4. Remedial measures:

a) Being compelled to implement price stabilization measures provided by the competent agency, as prescribed in Clause 2 of this Article;

b) The entire amounts which have been used inconsistently with the Price Stabilization Fund as prescribed in Clause 3 of this Article shall be withdrawn and remitted to the state budget;

c) Being compelled to comply with the provisions of current law on setting up and use of the price stabilization fund and of amounts for the implementation of price stabilization and price policies as stipulated in Clause 3 of this Article;

d) Being compelled to pay to the Price Stabilization Fund the entire amount that obtained from failure to set up the price stabilization fund in accordance with regulations;

e) Being compelled to incur all expenses of reimbursement due to acts of violation of organizations and individuals.

5. The acts of violating regulations on price stabilization regarding price registration and declaration shall be sanctioned under the provisions of Article 15 of this Decree.

Article 10. Sanctions against violations of the policies on subsidies and freight subsidies

1. A fine of VND 30,000,000 for acts of fectitious payment records for the purpose of receiving subsidies, subsidies for transport of goods and subsidies for implementation of price and freight subsidy policies; improper use of and applying to wrong objectives the subsidies, subsidies for transport of goods and subsidies for implementation of the price and freight subsidy policies.

2. Remedial measures:

a) The entire amount obtained from perjuring, making up payment records of subsidies, subsidies for transport of goods, subsidies for implementation of the price and freight subsidy policies shall be returned and remitted to the state budget;

b) The entire amount obtained from improper use of and applying to wrong objectives the subsidies, subsidies for transport of goods and subsidies for implementation of the price and freight subsidy policies shall be returned and remitted to state budget

Article 11. Sanctions imposed on failure to comply with negotiated price

1. A fine of VND 15,000,000 for failing to comply with provisional price in price negotiation or with the negotiated price promulgated by competent agencies while buying and selling goods and providing services.

2. Remedial measures:

The amount obtained from price difference due to failure to comply with price negotiated prices shall be confiscated and remitted to the state budget.

Article 12. Sanctions imposed on failure to comply with price decided by the competent agency

1. A fine of VND 20,000,000 for failing to comply with price decided by People s Committees of provinces and central-affiliated cities while buying and selling goods or providing services.

2. A fine of VND 25,000,000 for failing to comply with price level, price brackets, standard prices, price limits decided by ministers, heads of ministerial-level agencies while buying and selling goods or providing services.

3. A fine of VND 30,000,000 for failing to comply with price level, price brackets, standard prices, price limits decided by the Government, the Prime Minister while buying and selling goods or providing services.

4. Forms of additional sanction:

A decision to suspend the application of prices of goods and services by organizations and individuals buying and selling goods or providing services inconsistent with price brackets, standard prices, price limits decided by the competent agencies.

5. Remedial measures:

a) The entire amount obtained from price difference due to failure to comply with the prices set by the competent agencies, as prescribed in Clause 1, Clause 2, Clause 3 of this Article shall be confiscated and remitted to the state budget;

b) Being compelled to compensate for the entire amount lost due to selling at prices higher than regulated; if it is difficult or unable to identify object of the compensation, the amount shall be remitted to the state budget;

c) Being entitled to bear all expenses of refunding the amount obtained from price difference to organizations and individuals to which the unreasonable price had been applied.

Article 13. Sanctions imposed on violations of regulations on calculation of goods and services price

1. A fine of VND 15,000,000 for calculating price of goods and services of which the prices are subject to be determined, stabilized by the State as prescribed by law inconsistently with guidance on the Pricing Regulations issued by the competent agencies.

2. Remedial measures:

Being compelled to calculate price again in accordance with guidance on the Pricing Regulations issued by competent agencies.

Article 14. Sanctions against violations of regulations of special conditional business as prescribed by the Government

1. A fine of VND 15,000,000 for failing to report the purchase price of goods; fraudulent declaration of export and import prices; failing to report or report imprecisely the amount of inventory reserved for circulation of export and import traders to the competent State management agencies.

2. A fine of VND 40,000,000 for selling goods at lower price than the floor price, minimum price or at higher price than the maximum price publicized or specified by competent agencies.

3. Forms of additional sanction:

Depriving up to twelve (12) months or indefinitely the right to use certificates of eligibility for trading, supplying goods and services, the business licenses of all kinds of organizations and individuals producing, trading and supplying goods or services in accordance with law provisions.

Article 15. Sanctions for violations of registration and declaration of goods and service prices

1. A fine of VND 7,000,000 for failing to publicize the price which have been registered and declared by the enterprises.

2. A fine of VND 15,000,000 for acts of the organizations and individuals building price forms and level for price declaration inconsistently with instructions on the Pricing Regulations issued by the competent authorities.

3. A fine of VND 20,000,000 for violations of the organizations and individuals building price level for price registration inconsistently with instructions on the Pricing Regulation issued by the competent authorities.

4. A fine of VND 25,000,000 for failing to declare in compliance with law provisions the prices of goods and services with the competent State management authorities under the regulations.

5. A fine of VND 30,000,000 for failing to register according to law provisions the prices of goods and services with the competent State management authorities as prescribed.

6. Forms of additional sanction:

a) Depriving up to twelve (12) months the right to use the granted certificates of eligibility for business and all type of business licenses; or depriving indefinitely the right to use the granted certificates of eligibility for business and all type of business licenses, in the case of repeated violations of provisions prescribed in this Article;

b) Suspending the application of goods and services selling price specified by organizations and individuals when registering and declaring unreasonable price inconsistently with the instructions on the Pricing Regulations issued by the competent agencies.

7. Remedial measures:

a) The entire amount obtained from price difference due to administrative violations prescribed in Clause 2, Clause 3 of this Article due to failure to comply with the Pricing Regulations issued by the competent agencies while declaring and registering price, shall be confiscated and remitted to the state budget;

b) Organizations and individuals are compelled to re-register and re-declare prices in accordance with regulations when they commit violations as specified in Clause 2, Clause 3 of this Article;

c) Organizations and individuals are compelled to perform the price registration, price declaration in accordance with regulations when they commit violations as specified in Clauses 4 and 5 of this Article.

Article 16. Sanctions against violation regarding posting goods and service prices

1. Caution or a fine of between VND 500,000 and VND 2,000,000 for one of the following acts:

a) Failing to post prices of goods and services at supermarkets, shopping centers, shops, kiosks, goods sale and purchase and services supply transactions point;

b) Failing to post prices in accordance with regulations, or post unclear price which confuse customers.

2. A fine of between VND 2,000,000 and VND 5,000,000 for selling goods and charging for services at the price higher than the posted prices.

3. A fine of between VND 5,000,000 and VND 10,000,000 for violating provisions prescribed in Clauses 1 and 2 of this Article in the following cases:

a) Goods and services on the list of price stabilization prescribed by law;

b) Goods and services on the list of trading restrictions or conditional business;

c) Goods and services in venues where the price posting is required.

4. Remedial measures:

a) Being compelled to post prices in accordance with regulations regarding violations prescribed in Clause 1, Clause 3 of this Article;

b) Being compelled to return to the customer the part of collected money in excess of the posted price regarding violations prescribed in Clause 2, Clause 3 of this Article; when customers are unable to identify, the amount shall be confiscated and remitted to the State budget.

Article 17. Sanctions against act of excessively increasing price

1. A fine of between VND 500,000 and 1,000,000 when the total value of goods and services sold at excessive price is up to VND 5,000,000, for the following acts:

a) Increase the price of goods and services to higher than the one declared or registered with the state management authorities in accordance with law;

b) Increase the price which have been registered or declared with the state management authority, but the state management authorized issued a written request asking for the explanation of the registered or declared price or a written request asking for suspension of the new price application and execution of price re-registration and re-declaration.

2. A fine of between VND 1,000,000 and 3,000,000 for acts of violation defined in Clause 1 of this Article if the total value of goods or services is from over VND 5,000,000 to 10,000,000.

3. A fine of between VND 3,000,000 and 5,000,000 for acts of violation prescribed in Clause 1 of this Article if the total value of goods or services is from over VND 10,000,000 to 20,000,000.

4. A fine of between VND 5,000,000 and 7,000,000 for acts of violation prescribed in Clause 1 of this Article if the total value of goods or services is from over VND 20,000,000 to 50,000,000.

5. A fine of between VND 7,000,000 and 10,000,000 for acts of violation prescribed in Clause 1 of this Article if the total value of goods or services is from over VND 50,000,000 to 80,000,000.

6. A fine of between VND 10,000,000 and 15,000,000 for acts of violation prescribed in Clause 1 of this Article if the total value of goods or services is from over VND 80,000,000 to100, 000,000.

7. A fine of between VND 15,000,000 and 20,000,000 for acts of violation prescribed in Clause 1 of this Article if the total value of goods or services is over VND 100,000,000.

8. Forms of additional sanction:

Depriving up to twelve (12) months the right to use the granted certificates of eligibility for business and all type of business licenses; or depriving indefinitely the right to use the granted certificates of eligibility for business and all type of business licenses in the case of repeated violations of provisions prescribed in this Article as prescribed by law.

9. Remedial measures:

The profits obtained due to the administrative violations of provisions of this Article shall be confiscated and remitted to the state budget.

Article 18. Sanctions imposed for publishing false information about markets, prices of goods and services

1. Caution or a fine of between VND 500,000 and 1,000,000 shall be imposed on persons who commit acts of fabricating, spreading and/or publishing untruthful information about the market situation, prices of goods and services, which induce confusion in society and market instability.

2. A fine of between VND 1,000,000 VND to 5,000,000 shall be imposed on business household that commit acts of fabricating or spreading and/or publishing untruthful information about the market situation, prices of goods and services, which induce confusion in society and market instability.

3. A fine of between VND 5,000,000 and 10,000,000 shall be imposed on enterprises that commit acts of fabricating or spreading and/or publishing untruthful information about the market situation, prices of goods and services, which induce confusion in society and market instability.

4. A fine of between VND 10,000,000 and 20,000,000 000 shall be imposed on media agencies and concerned organizations that commit acts of fabricating and spreading and/or publishing untruthful information about the market situation, prices of goods and services on mass media e.g. newspapers in forms of printed, talking, pictures, electronic or other publications, which induce confusion in society and market instability.

5. Forms of additional sanction:

Depriving up to twelve (12) months the right to use granted certificates of eligibility for business and all type of business licenses; or depriving indefinitely the right to use granted certificates of eligibility for business and all type of business licenses regarding case of repeated violations of provisions prescribed in Clause 2 and Clause 3 of this Article as prescribed by law.

6. Remedial measures:

a) Being compelled to correct information regarding violations prescribed in Clause 2, Clause 3, and Clause 4 of this Article;

b) Being compelled to destruct or recall for disposal publications with false information regarding violations prescribed in Clause 4 of this Article.

Section 2. ADMINISTRATIVE VIOLATIONS OF VALUATION

Article 19. Sanctions against administrative violations of valuation of valuation enterprises

1. A fine of VND 5,000,000 for failing to notify in writing the Ministry of Finance within ten (10) working days about the change in the name, address of head office, branches, list of active valuers and valuers committing violations of the law on price and valuation.

2. A fine of VND 10,000,000 for failing to make periodic reports on supply of valuation service as prescribed by law.

3. A fine of VND 15,000,000 for failing to retain records and documents on valuation or retaining inconsistently with regulations prescribed by law.

4. A fine of VND 20,000,000 for conducting valuation without entering into a contract to provide valuation services to customers in accordance with the law.

5. A fine of VND 20,000,000 for failing to provide clients with reports on valuation results, certificates of valuation as prescribed by law.

6. A fine of VND 25,000,000 for failing to provide reports on valuation results, certificates of valuation at the request of the competent state authorities.

7. A fine of VND 25,000,000 for falsifying dossiers of valuated property or misleading information relating to valuated property, which resulting 10% higher or lower than the final valuation results conducted by competent State management authorities regarding property being real estate, equipment, transport means, and 15% regarding property being materials and good.

8. A fine of VND 30,000,000 for acts of renting, lending valuer’s card for the purpose of registering a valuation enterprise or qualifying an enterprise to conduct valuation as prescribed by law.

9. A fine of VND 30,000,000 for failing to set up occupational risk reserve fund as prescribed by law.

10. Forms of additional sanction:

a) Withdrawal of announcement of qualified enterprise for valuation stated by the Ministry of Finance for the year of being sanctioned;

b) Fail to be announced as qualified enterprise for valuation for the following year.

11. Remedial measures:

a) Being compelled to compensate to customers the difference amount obtained due to administrative violations regarding violations prescribed in Clause 7 of this Article;

b) Being compelled to set up the occupational risk reserve fund as specified in Clause 9 of this Article.

Article 20. Sanctions against administrative violations of valuation regarding valuer

1. A fine of VND 10,000,000 for failing to comply with valuation process; failure to comply with valuation methods under the guidance set in the Vietnam Valuation Standards or the International Valuation Standards recognized by Ministry of Finance; disclosing information about customers and assets of valuation that valuers know due to occupational practice, unless agreed by the customer or permitted by law.

2. A fine of VND 15,000,000 for renting or lending the Valuer’s card to organizations and individuals in order for those organizations and individuals to establish valuation enterprise; registering for two or more valuation enterprises in the same period of time; receiving from organizations and individuals in needs of valuation any amount of money or other benefits other than the service price agreed upon in the contract; practicing valuation for two or more valuation enterprise in the same period of time.

3. A fine of VND 30,000,000 for acts of collusion with property owners, customers, concerned persons while conducting valuation for the purpose of falsifying the results of valuation in comparison to the final results of price re-appraisal of state management authorities; renting or lending Valuer’s card to valuation enterprises in order for those valuation enterprises to be announced by state management authorities eligible for conducting valuation.

4. Forms of additional sanction:

a) Depriving up to twelve (12) months or indefinitely the right to use price valuers’ card;

b) Withdrawing the valuers’ card which having been rent or lent for the purpose of establishing valuation enterprise;

c) Delete the name in the list of qualified price valuers announced by the Ministry of Finance;

d) Being not entitled to register for conducting valuation for the following year.

5. Remedial measures:

a) The entire amount obtained due to colluding with the client, the amount of illicit profits obtained from administrative violations shall be confiscated and remitted to the state budget;

b) Being compelled to compensate to the customer the full amount lost due to administrative violations.

Article 21. Sanctions against administrative violations regarding organizations and individuals spending state budget on purchasing properties which are subject to valuation in accordance with the law

1. A fine of VND 15,000,000 for using of valuation results inconsistently with the valuation purpose specified in the contract, which cause damage to the State.

2. A fine of VND 20,000,000 shall be imposed on organizations and individuals using state budget that fail to perform valuation for assets which are subject to valuation under law.

3. A fine of VND 30,000,000 shall be imposed on organizations and individuals committing acts of colluding with valuation enterprises, valuers for the purpose of raising or decreasing prices, which cause damage to the State.

4. Remedial measures:

a) The amount lost due to administrative violations regarding violations prescribed in this Article shall be confiscated and remitted to the state budget;

b) The valuation results obtained from appraising inconsistently with the valuation purposes stated in the contract, which cause damage to the State, shall be cancelled;

c) Being compelled to perform valuation for assets which are subject to valuation under law;

d) The wrong results of valuation due to collusion with valuation enterprises, which cause damage to the State, shall be cancelled.

Article 22. Sanctions against administrative violations on valuation regarding organizations functioning valuation professional training and refreshing

1. A fine of VDN 30,000,000 shall be imposed on organizations engaging in training and refreshing, granting training and refreshing certification of valuation profession inconsistently with regulations provided by the Ministry of Finance or without written agreement from the Ministry of Finance.

2. Forms of additional sanction:

Depriving up to twelve (12) months or in definitely the right to organize valuation professional training and refreshing.

3. Remedial measures:

The entire profits obtained due to administrative violations shall be confiscated and remitted to the state budget.

Chapter 3.

AUTHORITY, PROCEDURES FOR IMPOSING SANCTIONS ON ADMINISTRATIVE VIOLATIONS OF PRICING

Article 23. Principles for determining competence and authorization to impose sanctions

1. Principles for determining competence to impose sanctions on administrative violations shall comply with the provisions of Clause 17, Article 1 of the 2008 Ordinance amending and supplementing a number of articles of the Ordinance on Handling of Administrative Violations and of Clause 1, Article 3 of this Decree.

2. The authorization to impose sanctions on administrative violations shall comply with the provisions of Clause 16, Article 1 of the 2008 Ordinance amending and supplementing some articles of the Ordinance on Handling of Administrative Violations.

Article 24. Competence of persons are assigned to perform prices inspection and of the Chief Inspectorate of the Ministry of Finance to impose sanctions on administrative violations

1. The chairperson of the price inspectorate panel (whose title is at department level), Chief Inspectorate of the Ministry of Finance shall have competence to:

a) Impose fines to the maximum level on violations of pricing in accordance with provisions of this Decree and the provisions of other relevant laws;

b) Impose forms of additional sanction and remedial measures prescribed in this Decree.

2. Persons who are assigned to perform price inspection; financial inspectors shall have competence to:

a) Impose caution;

b) Impose fines of up to VND 500,000.

Article 25. Competence of the Inspectorate of Department of Finance, persons who are assigned to perform price inspection under the Department of Finance to impose sanctions on administrative violations

1. Inspectorate of Department of Finance shall have competence to:

a) Impose fines of up to VND 30,000,000 on the violations of price regulated in this Decree;

b) Impose forms of additional sanctions and remedial measures specified in this Decree in accordance with current law.

2. Persons who are assigned to perform price inspection; financial inspectors shall have competence to:

a) Impose Cautions;

b) Impose fines of up to VND 500,000.

Article 26. Competence of the competent person of the market management agency to impose sanctions on administrative violations

The competent person of the market management agency defined in Article 37 of the 2002 Ordinance on Handling of Administrative Violations shall have competence to impose sanctions on administrative violations specified in Article 9, Article 12, Article 14, Article 16, Article 17 and Article 18 of this Decree, have the right to apply forms of additional sanction and remedial measures regarding administrative violations prescribed in this Decree at their respective areas of management.

Article 27. Competence of other inspectors to impose sanctions on administrative violations

Within the scope of State management authority provided for by the Government, inspectors and chief inspectorate of other inspection body have competence to impose sanctions on administrative violations of pricing at their respective areas of state management.

Article 28. Competence of the President of provincial People s Committee to impose sanctions on administrative violations

President of provincial People s Committee, within their competence specified in the Ordinance on Handling of Administrative Violations, have competence to impose sanctions on administrative violations of pricing as prescribed in this Decree.

Article 29. Competence of the President of the People s Committees of districts and communes to impose sanctions on administrative violations

President of People s Committees of districts and communes, within their scope of competence defined in the Ordinance on Handling of Administrative Violations, have competence to impose sanctions on administrative violations of price prescribed in Article 16 of this Decree at the respective area of districts and communes level administrative management.

Article 30. Responsibilities of agencies and persons competent to impose sanctions on administrative violations of pricing

The agencies and persons competent to impose sanctions against administrative violations of pricing are responsible for supervising and inspecting the execution of sanctioning decisions on administrative violations issued by them.

Article 31. Procedures for Sanctioning and collecting fines

1. Procedures for sanctioning against administrative violations, handling of material evidences and means of administrative violations; and enforcing sanctioning decisions on administrative violations shall comply with the provisions of the 2002 Ordinance on Handling of Administrative Violations and the 2008 Ordinance amending and supplementing a number of articles of the Ordinance on Handling of Administrative Violations.

2. The fines collected must be remitted into the State budget through accounts opened at the State Treasury. The fines and fine receipts management regime shall comply with current regulations.

3. Organizations and individuals whose subsidies, subsidies for transport of goods, subsidies for implementation of pricing policies are withdrawn, whose money obtained from price difference is confiscated; who are compelled to compensate for money lost due to administrative violations; who are entitled to bear all expenses for refunding money obtained from price difference shall have to make payment at venue as specified in the sanctioning decisions, in order for the bodies in charge of sanctions to consider either to refund to the damaged party or remit to the state budget .

4. The sanctioning decisions on administrative violations of pricing shall be publicized on the website of the Ministry of Finance and the Website of the agency issuing the sanctioning decision.

Article 32. Responsible for the publication of information regarding sanctions

1. The agencies and persons competent to impose sanctions against administrative violations of pricing shall provide the mass media agencies with adequate and in timely manner the sanctioning decisions on administrative violations of pricing for publishing as prescribed.

2. The mass media agencies are liable to publish in timely, accurate and honest manner about the sanctioning decision on administrative violations of pricing at the request of the agencies and persons competent to impose sanction against administrative violations in field of prices.

Article 33. Execution and enforcement of sanctioning decisions

Execution and enforcement of sanctioning decisions on administrative violations shall comply with the provisions of Clause 26, Clause 27, Article 1 of the 2008 Ordinance amending and supplementing a number of articles of the Ordinance on handling administrative violations.

Article 34. Transferring dossiers of administrative violations of pricing for criminal prosecution

Upon considering that violations of pricing shows criminal signs, the competent person must promptly transfer the dossier to the agency competent to conduct criminal proceedings according to law provisions.

The retaining of violations with criminal signs for administrative sanctions shall be strictly prohibited.

Chapter 4.

CLAIMS, DENUNCIATIONS, HANDLING OF VIOLATIONS

Article 35. Claims, denunciations and handling of claims and denunciations

The claims and denunciations and handling of claims and denunciations regarding sanctioning decisions on administrative violations of pricing shall be in accordance with the law on claims and denunciations.

Article 36. Handling of violations

Persons competent to impose sanctions against administrative violations in the field price, who is self-seeking or irresponsible, cover up, fail to impose sanctions or fail to impose sanctions promptly, properly, impose sanctions ultra vires, depending on the nature and seriousness of their violations, shall be disciplined or criminally prosecuted; and shall be liable for compensation according to law if they cause any damage to the State, organizations and individuals.

Persons, who are sanctioned for administrative violations of pricing, if commit acts of obstructing or opposing duty-performing officials who are responsible for examination; or deliberately delaying or shirking the execution of sanctioning decisions on administrative violations, depending on the nature and seriousness of their violations, shall be handled for administrative violations, or criminally prosecuted under the provisions of current law.

Chapter 5.

IMPLEMENTING PROVISIONS

Article 37. Effect

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

2. To annul the Government’s Decree No. 169/2004/ND-CP of September 22, 2004 on sanctions against administrative violations of pricing, to annul Articles 6, 7, 8 and 9 of the Government’s Decree No. 107/2008/ND-CP September 22, 2008 on administrative sanctions regarding speculation and hoarding goods, extravagant price raising, false information spreading, smuggling and trade fraud.

Article 38. Responsibility for the implementation of Decree

1. The Minister of Finance shall instruct the implementation of this Decree.

2. The ministers, heads of ministerial-level agencies, heads of Governmental agencies, President s Committee of provinces and central-affiliated cities and other concerned agencies, organizations and individuals are liable for implementation of this Decree.