Chapter III
POWER TO IMPOSE PENALTIES
Article 51. The power to impose penalties of inspectors of planning and investment authorities
1. Inspectors and persons appointed as inspectors, in the performance of their duties, 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, chiefs of inspectorates of provincial departments are entitled to:
a) Issue warnings;
b) Impose a maximum fine of VND 25,000,000 for violations against regulations on business registration; Impose a maximum fine of VND 75,000,000 for violations against regulations on investment and bidding;
c) Enforce remedial measures specified in Chapter II of 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 30,000,000 for violations against regulations on business registration; Impose a maximum fine of VND 80,000,000 for violations against regulations on investment and bidding;
c) Enforce remedial measures specified in Chapter II of 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 30,000,000 for violations against regulations on business registration; Impose a maximum fine of VND 80,000,000 for violations against regulations on investment and bidding;
c) Enforce remedial measures specified in Chapter II of this Decree.
Article 52. The power to impose penalties of the People’s Committees
1. Presidents of the People’s Committees of communes are entitled to:
a) Issue warnings;
b) Impose a maximum fine of VND 5,000,000.
2. Presidents of the People’s Committees of districts are entitled to:
a) Issue warnings;
b) Impose a maximum fine of VND 25,000,000 for violations against regulations on business registration; Impose a maximum fine of VND 75,000,000 for violations against regulations on investment and bidding;
c) Enforce remedial measures specified in Chapter II of this Decree.
3. Presidents of the People’s Committees of provinces are entitled to:
a) Issue warnings;
b) Impose a maximum fine of VND 30,000,000 for violations against regulations on business registration; Impose a maximum fine of VND 80,000,000 for violations against regulations on investment and bidding;
c) Enforce remedial measures specified in Chapter II of this Decree.
Article 53. The power to impose penalties of tax authorities
1. Tax officials in the performance of their duties 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 25,000,000 for violations against regulations on business registration;
c) Enforce remedial measures specified in Chapter II of this Decree.
4. Directors of Departments of taxation are entitled to:
a) Issue warnings;
b) Impose a maximum fine of VND 30,000,000 for violations against regulations on business registration; Impose a maximum fine of VND 30,000,000 for violations against regulations on investment;
c) Enforce remedial measures specified in Chapter II of this Decree.
5. The Director of the General Department of Taxation is entitled to:
a) Issue warnings;
b) Impose a maximum fine of VND 30,000,000 for violations against regulations on business registration; Impose a maximum fine of VND 30,000,000 for violations against regulations on investment;
c) Enforce remedial measures specified in Chapter II of this Decree.
Article 54. The power to impose penalties of market surveillance authorities
1. Market surveillance officials in the performance of their duties are entitled to:
a) Issue warnings;
b) Impose a maximum fine of VND 1,000,000.
2. Market surveillance team leaders are entitled to:
a) Issue warnings;
b) Impose a maximum fine of VND 25,000,000 for violations against regulations on business registration;
c) Enforce remedial measures specified in Chapter II of this Decree.
3. Directors of Market Surveillance Agencies affiliated to Provincial Departments of Industry and Trade, heads of anti-smuggling departments, anti-counterfeit goods departments, goods quality control departments of Market Surveillance Agency are entitled to:
a) Issue warnings;
b) Impose a maximum fine of VND 30,000,000 for violations against regulations on business registration; Impose a maximum fine of VND 40,000,000 for violations against regulations on investment;
c) Enforce remedial measures specified in Chapter II of this Decree.
4. Director of Market Surveillance Agency is entitled to:
a) Issue warnings;
b) Impose a maximum fine of VND 30,000,000 for violations against regulations on business registration; Impose a maximum fine of VND 40,000,000 for violations against regulations on investment;
c) Enforce remedial measures specified in Chapter II of this Decree.
Article 55. Division of power to impose penalties of planning and investment inspectors, tax inspectors, and market surveillance inspectors
1. Planning and investment inspectors have the power to impose administrative penalties and enforce remedial measures for violations specified in this Decree in accordance with Article 51 of this Decree and within the scope of their functions, tasks, and entitlements.
2. Tax inspectors have the power to impose administrative penalties and enforce remedial measures for violations specified in Point b and Point c Clause 2 Article 15, Article 25, Point a Clause 1 Article 30, Article 31, Point a and Point d Clause 1, Point a Clause 2 Article 32, Point b Clause 1 Article 36, Article 37, Point b Clause 1 Article 38, Point d Clause 1 Article 41, Article 42, Article 43, Article 44, Point b Clause 2 Article 45, Clause 2 Article 37 and Article 50 of this Decree in accordance with Article 53 of this Decree and within the scope of their functions, tasks, and entitlements.
3. Market surveillance inspectors have the power to impose administrative penalties and enforce remedial measures for violations specified in Point c Clause 2 and Point d Clause 5 Article 13, Point b and Point c Clause 4 Article 28, Point a Clause 2 Article 30, Point d Clause 1 and Point a Clause 2 Article 32, Point c Clause 2 Article 34, Article 37, Point a, Point b, Point d, Point đ and Point e Clause 1 Article 41, Article 42, Article 43, Article 44, Point b Clause 2 Article 45, Article 47, Article 48 and Article 50 of this Decree in accordance with Article 54 of this Decree and within the scope of their functions, tasks, and entitlements.
Article 50. Determination of the power to impose penalties
The maximum fines imposed by the persons specified in Article 51, Article 52, Article 53 and Article 54 of this Decree are imposed upon an administrative violation committed by an organization; the maximum fine such a person may imposed upon an individual is haft the maximum fine imposed upon an organization.
Article 57. The power to issue administrative violation records
1. The persons entitled to impose penalties specified in Article 51, Article 52, Article 53, and Article 54 of this Decree.
2. Officials of the People’s Committees appointed to inspect the activities specified in this Decree.
3. Officials of planning and investment authorities appointed as independent inspectors or inspectors of inspectorates.
4. Officials of other regulatory authorities appointed to inspect the management and use of public capital, domestic investment and outward investment, bidding, business registration of enterprises, business households, cooperatives and cooperative associations.
5. The persons having the power to issue administrative violation records specified in Clause 1, Clause 2, Clause 3 and Clause 4 of this Article may only issue records on violations within the scope of their duties and are responsible for such records.
Tìm kiếm
Nghị định 50/2016/NĐ-CP (Bản Pdf)
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