Chương III Nghị định 96/2014/NĐ-CP: Thủ tục, thẩm quyền xử phạt vi phạm hành chính và lập biên bản vi phạm hành chính

Chapter III

PROCEDURE, COMPETENCE RELATED TO ADMINISTRATIVE VIOLATION PENALTIES AND ADMINISTRATIVE VIOLATION MINUTING

Article 50. Procedure on administrative violation penalties and administrative violation penalty minutes template

The procedure on, minutes and decision templates to be used during administrative violation penalties shall conform to the regulations defined in the Law on administrative violation penalties and governmental Decree No. 81/2013/ND-CP dated 19 July 2013 which details a number of articles and the implementation of the said Law on administrative penalties.

Article 51. Competence regarding administrative violation penalties

1. While performing their duties, the banking inspectors are entitled to:

a) Give warnings;

b) Imposing fines up to VND 500,000;

c) Confiscating the exhibits, instruments serving administrative violations valued up to VND 500,000;

d) Applying consequence improvement measures as defined in Clause 3 of Article 7, Point a of Clause 6 of Article 31, Point a of Clause 4 of Article 35, Point a of Clause 2 of Article 36, Clause 2 of Article 37, Point c of Clause 6 of Article 38 herein.

2. Chief Inspector, supervisors of the State Bank are entitled to:

a) Give warnings;

b) Imposing fines up to VND 500,000;

c) Intra vires revoking licenses, certificates issued by the competent authorities on one or more than one banking activities, services and other activities related to currency, banking business or suspending within fixed terms one or more than one banking activities and other business activities licensed by the State Bank which violate the laws on currency and banking;

d) Confiscating the exhibits, instruments serving the administrative violations valued up to VND 50,000,000;

dd) The consequence improvement measures defined in Chapter II herein shall be applied.

3. Director General of the Inspection Department [of the State Bank] and the supervisors are entitled to:

a) Give warnings;

b) Imposing fines up to VND 250,000,000;

c) Intra vires revoking licenses, certificates issued by the competent authorities on one or more than one banking activities, services and other activities related to currency, banking business or suspending within fixed terms one or more than one banking activities and other business activities licensed by the State Bank which violate the laws on currency and banking;

d) Confiscating the exhibits, instruments serving the administrative violations valued up to VND 250,000,000;

dd) The consequence improvement measures defined in Chapter II herein shall be applied.

4. Chief Inspector and supervisors of the State Bank are entitled to:

a) Give warnings;

b) Imposing fines up to VND 1,000,000,000;

c) Applying additional penalties and violation consequence improvement measures defined in Chapter II herein.

5. Leader of an inspection team appointed by the State Bank’s Governor, Chief Inspector, supervisors [of the State Bank] is authorized to apply the penalties as defined in Clause 3 of this Article.

Leader of an inspection team, appointed by the Director of a provincial, city branch of the State Bank, under the Central management, Director General of the Inspection Department and/or supervisors [of the State Bank], Chief Inspector and/or supervisors of any branch of the State Bank, is authorized to apply the penalties as defined in Clause 2 of this Article.

6. Penalty application competence authorized to other agencies that are entitled to administrative violation penalties shall conform to the regulations herein, as follows:

a) Chairmen of the provincial People’s Committees, Directors General of the Police Department on Economic Management Order Offence Investigations, Criminal Police Department, Police Department on Narcotics Investigations, Immigration Department are entitled to issue administration violation decisions, as prescribed herein, against the individuals and/or organizations, who are not credit organizations, foreign bank branches, committing offences against regulations on foreign exchange management and gold trading as defined in Clause 01; Point g and I of Clause 2; Clause 3; Points b and c of Clause 4 and Clause 7 of Article 24; Clauses 2 and 3, Points a, b, d and dd of Clause 4, Point a of Clause 5 and Clause 7 of Article 25 herein; simultaneously, notification of such offences shall be given to the State Bank;

b) Director General of the Hi-tech Criminal Prevention Department is entitled to issued administrative violation decisions as prescribed herein against individuals and/or organizations committing offences as defined in Clause 4 of Article 27, Clauses 4, 6 and 7 of Article 28; simultaneously, notification of such offences shall be given to the State Bank.

Article 52. Competence regarding administrative violation minuting

1. The following officers are competent to issue administrative violation minutes:

a) The officers competent to enforce administrative violation penalties as defined herein, who are performing their duties;

b) Civil servants who are performing state management duties with regard to currency and banking issues.

2. The officers competent to enforce administrative violation penalties as defined in Article 45 of the Law on administrative violation penalties shall minute administrative offences against individuals and/or organizations, who are not credit organizations, foreign bank branches, committing offences as prescribed in Clause 1, Point c of Clause 6 of Article 24 and Points a, b of Clause 2 of Article 25 herein, and forward such minutes to other competent officers as defined in Article 45 of the said Law on administrative penalties for penalty enforcement as stated herein; simultaneously, such offences shall be notified to the State Bank, its branches in the provinces and/or cities under the Central management.