Chương 2 Nghị định 84/2011/NĐ-CP: Các hành vi vi phạm hành chính, hình thức và mức phạt

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have been used inconsistently with the Price Stabilization Fund as prescribed in Clause 3 of this Article shall be withdrawn and remitted to the state budget;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.