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.
Tìm kiếm
Nghị định 84/2011/NĐ-CP (Bản Word)