Chương VI Nghị định 122/2021/NĐ-CP: Thẩm quyền xử phạt vi phạm hành chính

Chapter VI

POWER TO IMPOSE PENALTIES FOR ADMINISTRATIVE VIOLATIONS

Article 73. The power to impose penalties of inspectors of planning and investment authorities

1. Inspectors and persons assigned to carry out specialized inspections in the performance of their duty are entitled to:

a) issue warnings;

b) impose a maximum fine of VND 1,000,000.

2. Chief Inspectors of the Provincial Departments of Planning and Investment and chiefs of provincial departments are entitled to:

a) issue warnings;

b) impose a maximum fine of VND 50,000,000 for violations against regulations on enterprise registration; impose a maximum fine of VND 100,000,000 for violations against regulations on bidding, investment and planning;

c) enforce the remedial measures mentioned in this Decree.

3. Chiefs of inspectorates of the Ministry of Planning and Investment are entitled to:

a) issue warnings;

b) impose a maximum fine of VND 70,000,000 for violations against regulations on enterprise registration; impose a maximum fine of VND 200,000,000 for violations against regulations on bidding and investment; impose a maximum fine of VND 350,000,000 for violations against regulations on planning;

c) enforce the remedial measures mentioned in this Decree.

4. Chief Inspector of the Ministry of Planning and Investment is entitled to:

a) issue warnings;

b) impose a maximum fine of VND 100,000,000 for violations against regulations on enterprise registration; impose a maximum fine of VND 300,000,000 for violations against regulations on bidding and investment; impose a maximum fine of VND 500,000,000 for violations against regulations on planning;

c) enforce the remedial measures mentioned in this Decree.

Article 74. The power to impose penalties of People’s Committees at all levels

1. Chairmen/Chairwomen of communal People’s Committees are entitled to:

a) issue warnings;

b) impose a maximum fine of VND 10,000,000.

2. Chairmen/Chairwomen of district-level People’s Committees are entitled to:

a) issue warnings;

b) impose a maximum fine of VND 50,000,000 for violations against regulations on enterprise registration; impose a maximum fine of VND 150,000,000 for violations against regulations on bidding and investment; impose a maximum fine of VND 200,000,000 for violations against regulations on planning;

c) enforce the remedial measures mentioned in this Decree.

3. Chairmen/Chairwomen of provincial People’s Committees are entitled to:

a) issue warnings;

b) impose a maximum fine of VND 100,000,000 for violations against regulations on enterprise registration; impose a maximum fine of VND 300,000,000 for violations against regulations on bidding and investment; impose a maximum fine of VND 500,000,000 for violations against regulations on planning;

c) enforce the remedial measures mentioned in this Decree.

Article 75. The power to impose penalties of tax authorities

1. Tax officials in the performance of their duty are entitled to:

a) issue warnings;

b) impose a maximum fine of VND 1,000,000.

2. Tax team leaders are entitled to:

a) issue warnings;

b) impose a maximum fine of VND 5,000,000.

3. Directors of Sub-departments of taxation are entitled to:

a) issue warnings;

b) impose a maximum fine of VND 50,000,000 for violations against regulations on enterprise registration and investment;

c) enforce the remedial measures mentioned in this Decree.

4. Directors of provincial Departments of Taxation are entitled to:

a) issue warnings;

b) impose a maximum fine of VND 100,000,000 for violations against regulations on enterprise registration; impose a maximum fine of VND 140,000,000 for violations against regulations on investment;

c) enforce the remedial measures mentioned in this Decree.

5. The Director General of General Department of Taxation is entitled to:

a) issue warnings;

b) impose a maximum fine of VND 100,000,000 for violations against regulations on enterprise registration; impose a maximum fine of VND 300,000,000 for violations against regulations on investment;

c) enforce the remedial measures mentioned in this Decree.

Article 76. The power to impose penalties of market surveillance authorities

1. Market surveillance officials in the performance of their duty are entitled to:

a) issue warnings;

b) impose a maximum fine of VND 1,000,000.

2. Market surveillance team leaders and Head of Professional Division affiliated to the Market Surveillance Operations Department are entitled to:

a) issue warnings;

b) impose a maximum fine of VND 50,000,000 for violations against regulations on enterprise registration and investment;

c) enforce the remedial measures mentioned in this Decree.

3. Directors of provincial Market Surveillance Departments and Director General of the Market Surveillance Operations Department affiliated to the Vietnam Directorate of Market Surveillance are entitled to:

a) issue warnings;

b) impose a maximum fine of VND 100,000,000 for violations against regulations on enterprise registration and investment;

c) enforce the remedial measures mentioned in this Decree.

4. The Director General of Vietnam Directorate of Market Surveillance is entitled to:

a) issue warnings;

b) impose a maximum fine of VND 100,000,000 for violations against regulations on enterprise registration; impose a maximum fine of VND 300,000,000 for violations against regulations on investment;

c) enforce the remedial measures mentioned in this Decree.

Article 77. Delegation of power to impose penalties

1. Competent persons of planning and investment authorities have the power to impose penalties for the administrative violations specified in this Decree within their power specified in Article 73 of this Decree and within the scope of their functions, tasks, and entitlements.

2. Chairmen/Chairwomen of People’s Committees at all levels have the power to impose penalties for the administrative violations specified in this Decree within their power specified in Article 74 of this Decree and within the scope of their functions, tasks and entitlements.

3. Competent persons of tax authorities have the power to impose penalties for the administrative violations specified Clause 2 Article 16; Article 18; Clause 2 Article 22; Article 30; Article 43; Clause 4 Article 46; Point a Clause 2 Article 48; Point a Clause 1 Article 50; Point a Clause 1 Article 54; Article 56; Article 62; Article 64; Point c Clause 1 and Clause 2 Article 65; Article 66; Clause 3 Article 67 and Article 69 of this Decree within their power specified in Article 75 of this Decree and within the scope of their functions, tasks, and entitlements.

4. Competent persons of market surveillance authorities have the power to impose penalties for the administrative violations specified Clause 3 Article 16; Clause 1 Article 17; Clause 3 Article 19; Article 43; Article 44; Clause 4 Article 46; Article 48; Article 49; Article 50; Point c Clause 2 Article 52; Article 54; Points d and dd Clause 1 Article 56; Point d Clause 1 Article 60; Article 62; Article 63; Article 64; Points c and d Clause 1, Clause 2 Article 65; Article 66 and Article 69 of this Decree within their power specified in Article 76 of this Decree and within the scope of their functions, tasks, and entitlements.

5. If multiple persons are entitled to impose a penalty, the penalty shall be imposed by the first person who examines the case.

Article 78. Determination of power to impose penalties

The maximum fines imposed by the persons specified in Articles 73 through 76 of this Decree are imposed upon an administrative violation committed by an organization; the maximum fine such a person may impose upon an individual is half the maximum fine imposed upon an organization.

Article 79. Power to make administrative violation records

1. The persons entitled to impose penalties specified in Articles 73 through 76 of this Decree.

2. Officials of the People’s Committees at all levels appointed to inspect and detect administrative violations that arise from the fields specified in this Decree.

3. Officials of planning and investment inspecting authorities appointed to carry out inspection or independent specialized inspections or join inspectorates.

4. Officials of regulatory authorities appointed to carry out inspections of fields under state management with respect to: investment (including public investment, business investment in Vietnam, outward business investment, PPP investment), bidding, enterprise registration and planning.

5. If a case involves multiple violations, competent persons in the performance of their duty shall immediately make a record of the violation treated as an administrative violation that arises from the field or areas under their management.

If the case is beyond the power to impose penalties of the person making the record, transfer the original administrative violation record together with the exhibit or instrumentality (if any) used for committing the administrative violation to a competent person in order to impose penalties as prescribed in Clause 5 Article 58 of the Law on Penalties for Administrative Violations.

If a violation showing any sign of administrative violation does not arise from the field or area under his/her management, the competent person on his/her duty must make a record and immediately transfer it to a competent person.