Nghị định 95/2016/NĐ-CP về xử phạt vi phạm hành chính lĩnh vực thống kê

DECREE

Providing for the sanctioning of administrative violations
in the domain of statistics

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

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

Pursuant to the Statistics Law dated November 23, 2015;

At the proposal of the Minister of Planning and Investment;

The Government promulgates the Decree providing for the sanctioning of administrative violations in the domain of statistics.

Chapter I

GENERAL PROVISIONS

Article 1. Scope of regulation

1. This Decree provides for regulations on administrative violations, sanctioning forms and levels, remedial measures for each administrative violation; sanctioning competence, specific fine level within the competence of each position and competence to make written records of administrative violations in the domain of state statistics.

2. Administrative violations in the domain of statistics specified in this Decree include:

a) Violations of regulations on statistical survey;

b) Violations of regulations on statistical report;

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

d) Violations of regulations on dissemination and use of statistical information;

dd) Violations of regulations on storage of statistical documents.

Article 2. Subjects sanctioned for administrative violations

1. Individuals and organizations performing the statistical report and statistical survey regimes.

2. Individuals and organizations implementing dissemination and use of statistical information.

3. Individuals and organizations subject to statistical survey.

4. Individuals and organizations using administrative data for statistical activities, using statistical databases.

5. In cases cadres, civil servants and public employees commit violations related to the assigned public duties and tasks in the domain of statistics, they shall not be administratively sanctioned but be handled in accordance with law regulations on cadres, civil servants, public employees.

6. State agencies that commit violations within the assigned tasks of state management of statistics shall not be administratively sanctioned but be handled in accordance with relevant law regulations.

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

The sanctioning of administrative violations of press agencies shall comply with Article 8 of the Government's Decree No. 159/2013/ND-CP dated November 12, 2013 providing for regulations on sanctioning of administrative violations related to press and publication activities.

Article 3. Remedial measures

Remedial measures prescribed in this Decree include:

1. Forcible cancellation of statistical reports.

2. Forcible cancellation of statistical survey questionnaires or forms, and forcible cancellation of results of statistical survey.

3. Forcible restoration of recoverable questionnaires or forms of statistical survey, statistical reports.

4. Forcible correction of statistical information sources that have been cited, disseminated or posted.

5. Forcible correction of untruthful or misleading statistical information that has been disseminated.

6. Forcible correction of untruthful statistical information that has been disseminated, posted, written in publications.

Article 4. Regulations on fines for individuals and organizations

The fines specified in Chapter II of this Decree are those to be imposed on individuals. For the same administrative violation, the fine to be imposed on an institutional violator is twice as heavy as that to be imposed on an individual violator.

Chapter II

ADMINISTRATIVE VIOLATIONS, SANCTIONING FORMS AND REMEDIAL MEASURES

Article 5. Violations against regulations on statistical survey activities

1. A warning shall be imposed for the act of delaying the fulfillment of requests of a statistical-survey conductor according to regulations of the statistical survey plan.

2. A fine of between VND 300,000 and VND 1,000,000 shall be imposed for any of the following acts of violations:

a) Submitting questionnaires or forms of statistical survey according to the method by which the subjects of statistical surveys record the information in the questionnaires or forms on their own under the statistical-survey conductor’s guidance (hereinafter referred to as indirect survey method) under 05 days later than the time limit specified in the statistical survey plan;

a) Failing to submit sufficient questionnaires or forms of statistical survey by the indirect survey method, according to regulations of the statistical survey plan;

b) Failing to fill in sufficient information in survey questionnaires or forms, according to regulations of the statistical survey plan.

3. A fine of between VND 1,000,000 and VND 3,000,000 shall be imposed for the act of submitting questionnaires or forms of statistical survey by the indirect survey method from 05 days to under 10 days later than the time limit specified in the statistical survey plan.

4. A fine of between VND 3,000,000 and VND 7,000,000 shall be imposed for any of the following acts of violation:

a) Falsifying the information filled in the survey forms by individuals and organizations subject to statistical survey;

b) Filling in statistical survey questionnaires or forms without carrying out surveys at units subject to survey according to regulations of the statistical survey plan;

c) Providing inaccurate or false information in questionnaires or forms of statistical survey by the indirect survey method;

d) Submitting questionnaires or forms of statistical survey by the indirect survey method 10 days later than the time limit specified in the statistical survey plan or more.

5. A fine of between VND 7,000,000 and VND 10,000,000 shall be imposed for any of the following acts of violation:

a) Failing to implement or prevent from performing statistical survey;

b) Declaring false information or forcing other persons to declare false information in statistical survey;

c) Failing to send a report on results of surveys outside the national statistical survey programs to a competent statistics agency in the system of centralized statistics organizations after 15 days from the date of announcement of the survey results;

d) Failing to provide the statistical survey data online to retrieval devices at the request of the statistical survey-conducting agencies or persons according to regulations of the statistical survey plan.

6. Remedial measures: Forcible cancellation of statistical survey questionnaires or forms, for the violations specified at Point a, Point b, Point c, Clause 4 and Point b Clause 5 of this Article.

Article 6. Violations against regulations on use of statistical report forms

1. A fine of between VND 1,000,000 and VND 3,000,000 shall be imposed for the act of failing to make reports according to forms promulgated by competent agencies.

2. Remedial measures: Forcible cancellation of statistical reports that are made in contravention of Clause 1 of this Article.

Article 7. Violations against regulations on the time limits for submitting of statistical reports and financial statements to the state statistics agencies as prescribed by law provisions

1. A warning shall be imposed for the acts of submitting reports

a) Less than 5 days later than the time limit prescribed in the reporting regime, for monthly statistical reports;

b) Less than 10 days later than the time limit prescribed in the reporting regime, for quarterly, biannual, and nine-month statistical reports and financial statements;

c) Less than 15 days later than the time limit prescribed in the reporting regime, for annual statistical reports and financial statements.

2. A fine of between VND 1,000,000 and VND 3,000,000 shall be imposed for the acts of submitting reports:

a) From 5 days to 10 days later than the time limit prescribed in the reporting regime, for monthly statistical reports;

b) From 10 days to 15 days later than the time limit prescribed in the reporting regime, for quarterly, biannual, and nine-month statistical reports and financial statements;

c) From 15 days to 20 days later than the time limit prescribed in the reporting regime, for annual statistical reports and financial statements.

3. A fine of between VND 3,000,000 and VND 5,000,000 shall be imposed for the acts of submitting reports:

a) From 10 days to 15 days later than the time limit prescribed in the reporting regime, for monthly statistical reports;

b) From 15 days to 20 days later than the time limit prescribed in the reporting regime, for quarterly, biannual, and nine-month statistical reports and financial statements;

c) From 20 days to 30 days later than the time limit prescribed in the reporting regime, for annual statistical reports and financial statements.

4. A fine of between VND 5,000,000 and VND 10,000,000 shall be imposed for the acts of submitting reports:

a) From 20 days to 30 days later than the time limit prescribed in the reporting regime, for quarterly, biannual, and nine-month statistical reports and financial statements;

b) From 30 days to 45 days later than the time limit prescribed in the reporting regime, for annual statistical reports and financial statements.

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

The act of failing to submit statistical reports and financial statements means the failure to submit monthly statistical reports after 15 days from the time limit prescribed in the reporting regime; failure to submit quarterly, biannual statistical reports and financial statements after 30 days from the time limit prescribed in the reporting regime; failure to submit annual statistical reports and financial statements after 45 days from the time limit prescribed in the reporting regime to the competent statistics agency.

Article 8. Violations against regulations on completeness of statistical reports

1. A fine of between VND 1,000,000 and VND 3,000,000 shall be imposed for the act of failing to fully submit the number of statistical indicators or forms as specified by the monthly statistical reporting regime.

2. A fine of between VND 3,000,000 and VND 5,000,000 shall be imposed for the act of failing to fully submit the number of statistical indicators or forms as specified by the quarterly, biannual, and nine-month statistical reporting regimes.

3. A fine of between VND 5,000,000 and VND 10,000,000 shall be imposed for the act of failing to fully submit the number of statistical indicators or forms as specified by the annual statistical reporting regime.

Article 9. Violations against regulations on statistical methods

1. A fine of between VND 5,000,000 and VND 7,000,000 shall be imposed for any of the following acts of violation:

a) Making statistical reports in contravention of regulations on methods of calculating indicators in statistical reports;

b) Making statistical reports in contravention of regulations on scope of statistical data collection.

2. Remedial measures: Forcible cancellation of statistical reports that are made in contravention of Clause 1 of this Article.

Article 10. Violations against regulations on accuracy of statistical reports

1. A fine of between VND 5,000,000 and VND 7,000,000 shall be imposed for the act of making statistical reports without sufficient sources of data as specified in the statistical reporting regime promulgated by a competent agency.

2. A fine of between VND 15,000,000 and VND 20,000,000 shall be imposed for any of the following acts of violation:

a) Declaring false data in statistical reports;

b) Reaching an agreement with or forcing other persons to declare false data in statistical reports.

3. Remedial measures: Forcible cancellation of statistical reports, for the acts of violation specified in this Article.

Article 11. Violations against regulations on use of statistical database, administrative databases

1. A fine of between VND 7,000,000 and VND 10,000,000 shall be imposed for any of the acts of exploiting, using the statistical databases of statistical indicators, statistical information not yet publicized.

2. A fine of between VND 10,000,000 and VND 20,000,000 shall be imposed for any of 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.

Article 12. Violations against regulations on dissemination of statistical information

1. A fine of between VND 10,000,000 and VND 20,000,000 shall be imposed for the act 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.

2. A fine of between VND 20,000,000 and VND 30,000,000 shall be imposed for the act of disseminating untruthful statistical information.

3. Remedial measures: Forcible correction of untruthful statistical information that has been disseminated, for the acts of violation specified in Clause 2 of this Article.

Article 13. Violations against regulations on use of statistical information

1. A warning or a fine of from VND 500,000 to VND 1,000,000 shall be imposed for any of the following acts of violation:

a) Failing to clearly cite the sources of statistical information when disseminating and posting the information on mass media or publications;

b) Citing the wrong sources of statistical information when disseminating and posting the information on mass media or publications.

2. A fine of between VND 3,000,000 and VND 5,000,000 shall be imposed for the act of distorting statistical information in the provincial-, district- and commune-level systems of statistical indicators that is announced by competent agencies to post it on mass media or publications.

3. A fine of between VND 5,000,000 and VND 10,000,000 shall be imposed for the act of distorting statistical information in ministerial and sectoral statistical indicator systems that is announced by competent agencies to post it on mass media or publications.

4. A fine of between VND 10,000,000 and VND 20,000,000 shall be imposed for the act of distorting statistical information in the national system of statistical indicators that is announced by competent agencies to post it on mass media or publications.

5. Remedial measures:

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

b) Forcible correction of untruthful statistical information that has been posted, written in publications, for the acts of violation specified in Clauses 2, 3 and 4 of this Article.

Article 14. Violations against regulations on preservation and storage of statistical documents

1. A warning or a fine of between VND 500,000 and VND 1,000,000 shall be imposed for the act of damaging questionnaires or forms of statistical survey, statistical reports that contain statistical information within the storage time limit, but such information is still recoverable.

2. A fine of between VND 5,000,000 and VND 10,000,000 shall be imposed for any of the following acts of violation:

a) Damaging questionnaires or forms of statistical survey, statistical reports that contain statistical information within the storage time limit, but such information is not recoverable;

b) Losing questionnaires or forms of statistical survey, statistical report that contain statistical information;

c) Destructing questionnaires or forms of statistical survey, statistical report that contain statistical information within the storage time limit as specified.

3. Remedial measures: Forcible restoration of recoverable questionnaires or forms of statistical survey, statistical reports, for the act of violation specified in Clause 1 of this Article.

Article 15. Violations against regulations on confidentiality of information of individuals or organizations providing statistical information

A fine of between VND 20,000,000 and VND 30,000,000 shall be imposed for the act of disclosing 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.

Chapter III

COMPETENCE TO SANCTION ADMINISTRATIVE VIOLATIONS

Article 16. Sanctioning competence of chairpersons of People’s Committees

1. Chairpersons of commune-level People’s Committees may:

a) Impose warnings;

b) Impose a fine of up to VND 3,000,000.

2. Chairpersons of district-level People’s Committees may:

a) Impose warnings;

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

c) Apply remedial measures prescribed in this Decree.

3. Chairpersons of provincial-level People’s Committees may:

a) Impose warnings;

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

c) Apply remedial measures prescribed in this Decree.

Article 17. Sanctioning competence of inspectorates and persons assigned to perform the task of specialized inspection of statistics

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

2. Directors of Departments of Statistics of provinces and centrally-run cities; Head of specialized inspection team of the Ministry of Planning and Investment; Head of specialized inspection team of the General Statistics Office may:

a) Impose warnings;

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

c) Apply remedial measures prescribed in this Decree.

3. The Chief Inspector of the Ministry of Planning and Investment, Director General of the General Statistics Office may:

a) Impose warnings;

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

c) Apply remedial measures prescribed in this Decree.

4. Heads of inspection teams of Departments of Statistics of provinces and centrally-run cities may:

a) Impose warnings;

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

c) Apply remedial measures prescribed in this Decree.

Article 18. Sanctioning competence of other specialized inspectorates

1. Within the scope of state management competence of ministries assigned by the Government to perform 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 Defence; the State Bank of Vietnam, Inspectors, Chief Inspectors of ministries, ministerial-level agencies, Chief Inspectors of provincial-level departments may impose sanctions on administrative violations in the domain of statistics.

2. Inspectors of ministries and provincial-level departments specified in Clause 1 of this Article may impose warnings on the acts of administrative violation related to statistics prescribed 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, ministerial-level agencies, provincial-level departments specified in Clause 1 of this Article may impose a warning or a fine of up to VND 30,000,000 and apply remedial measures as prescribed in Articles 5 to 15 of this Decree.

Article 19. Determination of sanctioning competence

Competence of the persons defined in Articles 16, 17 and 18 of this Decree to sanction administrative violations is the competence to sanction an act of administrative violation of an individual. In case of imposition of fines, the competence to sanction organizations is twice higher than the competence to sanction individuals.

Article 20. Competence to make written records of administrative violations in the domain of statistics

When detecting acts of administrative violation in the domain of statistics, competent persons must promptly make written records of administrative violations.

The persons competent to make written records of administrative violations in the domain of statistics are civil servants of the statistics sector that are in the performance of their duties of inspection, examination, supervision of statistical activities and persons competent to sanction administrative violations in the domain of statistics that are on duty.

Chapter IV

IMPLEMENTATION PROVISIONS

Article 21. Effect

This Decree takes effect from July 01, 2016 and replaces the Government’s Decree No. 79/2013/ND-CP dated July 19, 2013, on sanctioning of administrative violations in the domain of statistics.

Article 22. Implementation responsibility

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./.

On behalf of the Government
The Prime Minister
Nguyen Xuan Phuc