Nghị định 87/2024/NĐ-CP quy định xử phạt vi phạm hành chính trong quản lý giá

DECREE

ON PENALTIES FOR ADMINISTRATIVE VIOLATIONS AGAINST REGULATIONS ON MANAGEMENT OF PRICES

Pursuant to the Law on Government Organization dated June 19, 2015;

Pursuant to the Law on Local Government Organization dated June 19, 2015;

Pursuant to the Law on amendments to the Law on Governmental Organization and the Law on Local Government Organization dated November 22, 2019;

Pursuant to the Law on Actions against administrative violations dated June 20, 2012; the Law on amendments to certain Articles of the Law on Actions against administrative violations dated November 13, 2020;

Pursuant to the Law on Prices dated June 19, 2023;

At the request of the Minister of Finance;

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Chapter I

GENERAL PROVISIONS

Article 1. Scope

This Decree provides for administrative violations; ended and ongoing administrative violations; penalties, fines, remedial measures for each administrative violation; subjects of penalization; powers to impose penalties, specific fines for each title and powers to record administrative violations; enforcement of administrative penalties and remedial measures in price management (including: State management and price regulation activities; price database; valuation; specialized price inspection, inspection of compliance with laws on prices and valuation) and the posting of information on violations against laws on prices and valuation on mass media.

Article 2. Regulated entities

1. Vietnamese organizations and individuals; foreign organizations and individuals (hereinafter referred to as "organizations and individuals”) that commit administrative violations specified herein; persons having powers to record or to impose administrative penalties and other relevant organizations and individuals.

2. Organizations that are subjects of penalization as prescribed herein, including:

a) Business organizations that are established under the Law on Enterprises, including: Sole proprietorships, joint-stock companies, limited liability companies, partnerships and entities affiliated to enterprises (branch offices/branches, representative offices);

b) Cooperatives and cooperative unions that are established in compliance with provisions of the Law on Cooperatives;

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d) Socio organizations, socio-political organizations, socio-political-professional organizations, and socio-professional organizations;

dd) Public service providers;

e) State regulatory authorities committing any violation that does not fall within the assigned state management duties;

g) Other organizations as prescribed by law.

3. Household businesses, households, domestic investors and foreign investors that are individuals committing administrative violations specified in this Decree shall face administrative penalties for individuals.

Article 3. Penalties, implementation principles and remedial measures

1. Administrative penalties include:

a) Fines;

b) Dispossession of the valuer certificates for a definite term ; suspension of the provision of valuation services for a definite term; suspension of the training in and update of knowledge of valuation for a definite term;

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3. The maximum fine specified herein shall be VND 150.000.000 (for an individual) and VND 300.000.000 (for an organization).

4. Fines and maximum fines specified in this Decree shall be applicable to individuals. Fines and maximum fines imposed on organizations shall be twice as much as those applicable to individuals.

5. Aggravating or mitigating circumstances and specific fines for each administrative violation against regulations on prices shall be determined according to the Law on actions against administrative violations, Decrees elaborating the Law on actions against administrative violations.

6. If an individual or organization commits one of the administrative violations specified in this Decree many times, it will be considered repeated violation, which is an aggravating circumstance, except the violations specified in Clauses 1, 2, 3, 4, and 5 of Article 7; Clauses 4, 5, and 6 of Article 20; Clause 3 of Article 22; Clause 5 of Article 23; Clause 4 of Article 25 of this Decree, in which cases the penalty shall be separately imposed on each violation.

7. In addition to the penalties for violations specified in Clause 1 of this Article, depending on the nature and severity of the violation, the violator will also be subject to one or more of the following remedial measures:

a) Forced compliance with price stabilization measures prescribed by competent authorities; Forced disclosure of full information about the Price Stabilization Fund according to regulations; Forced submission of full report on the Price Stabilization Fund in full according to regulations or at the request of competent regulatory agencies; Forced payment of the amount of money set up or used improperly to the Price Stabilization Fund or administrative documents of competent regulatory agencies;

b) Forced suspension of application of selling prices of goods and services determined by organizations and individuals;

c) Forced submission of price declarations, forced declaration or publishing of prices according to regulations;

d) Forced refund of the difference in money earned by selling at a price higher price than the prescribed price, or the revenues generated by committing administrative violations;

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e) Forced submission of reports, provision of information and documents; Forced report and provision of additional information and documents; Forced provision and update of price information in the price database according to regulations;

g) Forced disclosure of information according to valuation laws;

h) Forced reporting according to the provisions of law on valuation;

i) Forced purchase of professional liability insurance or provisions for professional risks according to valuation laws;

k) Forced update of the valuation certificate in the National Price Database according to valuation laws;

l) Forced storage, preservation and use of valuation records according to valuation laws;

m) Forced explanation of valuation reports made by valuers to the competent regulatory agencies;

n) Forced implementation of procedures for re-issuance of certificates of eligibility for providing valuation services;

o) Forced provision of accurate and truthful information about the qualifications, experience and ability to provide services of valuers or valuation enterprises;

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q) Forced re-issuance of training certificates for participating students;

r) Forced revocation of certificates of completion of valuation training/refresher training courses or confirmations of valuation knowledge update and forced payment of profits generated from violations to the state budget;

s) Forced revocation of certificates of completion of valuation training/refresher training courses of confirmations of valuation knowledge update and forced refund of expenses for training or knowledge update for participants;

t) Forced correction of information due to violations.

8. The implementation of remedial measures shall comply with the provisions of the Law on Actions against administrative violations and Decrees elaborating certain articles and measures to implement the Law on Actions against administrative violations.

For the remedial measures in Clause 2, Article 10, Point b, Clause 4, Article 13, Point b, Clause 5, Article 15 of this Decree, violating individuals and organizations are responsible for cooperating with other relevant organizations and individuals (if any) in implementing the remedial measures stated in the Decisions according to the provisions of law and must bear all costs for implementing such remedial measures. After the time limit for publicizing the remedial content on the mass media according to regulations, violating individuals and organizations must report the results of implementing remedial measures to persons competent to issue decision on administrative penalties within 07 working days.

Article 4. Prescriptive time limits for imposing administrative penalties

1. The prescriptive time limits for imposing penalties for administrative violations against regulations on price management are specified in Article 6 of the Law on Actions against administrative violations.

2. Principles for determining ended administrative violations and ongoing administrative violations to calculate the prescriptive time limit for imposition of a penalty for an administrative violation against regulations on price management shall comply with the provisions of Decrees elaborating certain articles and measures to implement the Law on Actions against administrative violations.

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1. In case administrative violations cause major consequences or adversely affect public opinion, the head of the agency or unit where the person who has made the decision on administrative penalties works for shall send a document for public announcement and a copy of the decision on administrative penalties to the website or newspaper of the management agency at the ministerial level, provincial level or the People's Committee of the province where the administrative violation occurred within 03 working days from date of issuance of the decision on administrative penalties.

2. The content publicly announced is a copy of the decision on administrative penalties.

3. The head of the press agency or the person responsible for managing the content of the website specified in Clause 1 of this Article is responsible for:

a) Posting the copy of the decision on administrative penalties within 02 working days from the date of receipt of the document on public announcement and the copy of the decision on administrative penalties;

b) Publicly posting information for each decision on administrative penalties at least once, for at least 30 days;

c) Posting corrections (if any) on the website or the next issue of the newspaper within 01 working day from the date on which it receives requests for corrections.

4. Head of the agency or unit where the person who has made the decision on administrative penalties works for shall:

a) Be responsible for disclosed contents;

b) Correct wrong information within 01 working day from the date on which it detects the wrong information or receives requests for correction.

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In case a website or newspaper incorrectly discloses information prescribed in clause 2 of this Article, it is required to correct right columns or positions where wrong information is published during 01 working day from the time of detecting the wrong information and receiving requests for correction on the website or the next issue of the newspaper and pay for the correction;

b) The correction shall be made in 01 time for each decision on administrative penalties and duration of publishing is at least 30 days.

6. Funds for publicly disclosing and correcting information (if any) shall be covered by regular operating funding from the agency where the competent person who issued the decision on administrative penalties works for.

Chapter II

ADMINISTRATIVE VIOLATIONS, PENALTIES AND REMEDIAL MEASURES FOR VIOLATIONS AGAINST REGULATIONS ON MANAGEMENT AND REGULATION OF PRICE AND PRICE DATABASE

Article 6. Penalties for violations against regulations on compliance with price stabilization measures of competent regulatory agencies

1. A fine from 10.000.000 VND to 20.000.000 VND shall be imposed for improper compliance with one of the price stabilization measures prescribed by a competent authority.

2. A fine from 20.000.000 VND to 30.000.000 VND shall be imposed for non-compliance with one of the price stabilization measures prescribed by a competent authority.

3. Remedial measures:

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b) Forced compliance with price stabilization measures for violations specified in Clause 2 of this Article during the implementation of price stabilization measures prescribed by competent regulatory agencies;

Article 7. Penalties for violations of regulations on management and use of the Price Stabilization Fund

1. For acts of incomplete disclosure, untimely disclosure, and failure to disclose information about the Price Stabilization Fund as prescribed by law:

a) A fine from 20.000.000 VND to 30.000.000 VND shall be imposed for incomplete disclosure of information about the Price Stabilization Fund as prescribed by law;

b) A fine from 30.000.000 VND to 50.000.000 VND shall be imposed for untimely disclosure (after 01 to 05 working days from the day on which the information must be disclosed) of information about the Price Stabilization Fund as prescribed by law;

c) A fine from 50.000.000 VND to 70.000.000 VND shall be imposed for failure to disclose information about the Price Stabilization Fund as prescribed by law after 05 working days from the day on which the information must be disclosed.

2. For failure to make a report on and inaccurate, incomplete or untimely reporting of the Price Stabilization Fund as prescribed by law or at the request of a competent regulatory agency:

a) A fine from 20.000.000 VND to 40.000.000 VND shall be imposed for incomplete reporting of the Price Stabilization Fund as prescribed by law or at the request of a competent regulatory agency;

b) A fine from 10.000.000 VND to 20.000.000 VND shall be imposed for reporting within 03 working days after the deadline for reporting of the Price Stabilization Fund as prescribed by law or at the request of a competent regulatory agency;

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d) A fine from 50.000.000 VND to 70.000.000 VND shall be imposed for failure to report, reporting after 05 working days from the deadline for reporting, or inaccurate reporting of the Price Stabilization Fund;

3. A fine from 60.000.000 VND to 80.000.000 VND shall be imposed for inadequate contribution to the Price Stabilization Fund as prescribed by law.

4. A fine from 80.000.000 VND to 100.000.000 VND shall be imposed for failure to contribute to the Price Stabilization Fund as prescribed by law.

5. A fine from 120.000.000 VND to 150.000.000 VND shall be imposed for illegal use of the Price Stabilization Fund.

6. Remedial measures:

a) Forced disclosure of full information about the Price Stabilization Fund according to regulations for violations in Points a and c, Clause 1 of this Article;

b) Forced report on the Price Stabilization Fund in full according to regulations or at the request of a competent regulatory agency for violations in Point a, Clause 2 of this Article;

c) Forced report on the Price Stabilization Fund according to regulations or at the request of a competent regulatory agency for violations in Point d, Clause 2 of this Article;

d) Forced payment of the arrears to the Price Stabilization Fund not for violations in Clauses 3 and 4 of this Article;

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e) Forced return of all illegal profits (if any) obtained from failure to contribute or fully contribute to the Price Stabilization Fund, or from illegal use of the Price Stabilization Fund to state budget as prescribed by law on the Price Stabilization Fund in Clauses 3, 4 and 5 of this Article.

Article 7. Penalties for violations of regulations on reporting, providing information and documents on prices according to regulations or documents of competent regulatory agencies to serve the management and regulation of prices

1. A fine from VND 1.000.000 to VND 2.000.000 shall be imposed for:

a) submission of reports or provision of information and documents after 03 to 05 working days from the prescribed deadline or the deadline in a written request from a competent regulatory agency;

b) Incomplete reporting, provision of incompletely information and documents as prescribed by law or written requests from competent regulatory agencies.

2. A fine from 2.000.000 VND to 5.000.000 VND shall be imposed for violations specified in Point a, Clause 1 of this Article from 06 to 10 working days.

3. A fine from 5.000.000 VND to 10.000.000 VND shall be imposed for the violations specified in Point a, Clause 1 of this Article after 10 working days.

4. Remedial measures:

a) Forced submission of reports and provision of information and documents according to regulations or documents of competent regulatory agencies for the violations in Clause 3 of this Article;

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Article 9. Penalties for violations of regulations on sending arrangements for prices of goods and services or detailed assessment reports on factors forming prices of goods and services, providing relevant data and documents at the request of competent regulatory agencies

1. A fine from VND 1.000.000 to VND 5.000.000 shall be imposed for:

a) submission of an arrangement for prices of goods and services or a detailed assessment report on factors forming prices of goods and services, provision of relevant data and documents after 03 to 05 working days from the deadline as prescribed by law or at the request of a competent regulatory agency;

b) submission of an incomplete dossier on arrangements for prices of goods and service as prescribed by law.

2. A fine from 5.000.000 VND to 10.000.000 VND shall be imposed for violations specified in Point a, Clause 1 of this Article from 06 to 10 working days from the day on which an arrangement for prices must be made as prescribed by law.

3. A fine from 20.000.000 VND to 30.000.000 VND shall be imposed for submission or failure to submit an arrangement for prices of goods and services or a detailed assessment report on factors forming prices of goods and services, or provision of relevant data and documents after 10 working days from the day on which the arrangement for prices must be made as prescribed by law.

4. Remedial measures:

a) Forced submission of arrangements for prices of goods and services or detailed assessment reports on factors forming prices of goods and services, or provision of relevant data and documents at the request of competent regulatory agencies for violations in clause 3 of this Article;

b) Forced provision or supplementation of information and documents at the request of competent regulatory agencies for the violations in Clauses 1, 2 and 3 of this Article.

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1. A fine from VND 10.000.000 to VND 20.000.000 shall be imposed for:

a) Selling goods and services at prices that do not match the prices specifically determined by the State;

b) Selling goods and services at prices higher than the maximum price of the price range issued by the State;

c) Selling goods and services at prices lower than the minimum price of the price range issued by the State;

d) Selling goods and services at prices higher than the maximum price issued by the State;

dd) Selling goods and services at prices lower than the minimum price issued by the State;        

2. Remedial measures: Forced refund of the entire difference due to selling goods and services at prices higher than the prescribed prices due to violations caused at Points a, b and d, Clause 1 of this Article. Organizations and individuals trading in goods and services shall publicly announce the content of the above remedial measures on the mass media within 30 days; in case the customer cannot be identified or the customer refuses to accept, the difference between the selling price and the statutory price shall be fully paid to the state budget.

Article 11. Penalties for violations against regulations on price negotiation

A fine from 30,000,000 VND to 40,000,000 VND shall be imposed for non-compliance with the written record of the results of price negotiation or the document determining the price of the price negotiation agency.

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1. A fine from 3,000,000 VND to 5,000,000 VND shall be imposed for failure to declare sufficient content or failure to declare in the correct form of price declarations.

2. For declaration of incorrect selling prices or failure to declare prices to competent regulatory agencies:

a) A fine from 10,000,000 VND to 15,000,000 VND shall be imposed for declaration of incorrect selling prices or failure to declare prices of from 01 to 10 specific goods and services subject to price declaration;

b) A fine from 15,000,000 VND to 20,000,000 VND shall be imposed for declaration of incorrect selling prices or failure to declare prices of from 11 to 20 specific goods and services subject to price declaration;

c) A fine from 20,000,000 VND to 25,000,000 VND shall be imposed for declaration of incorrect selling prices or failure to declare prices of from 21 or more specific goods and services subject to price declaration.

3. Remedial measures:

a) Forced submission of declarations with sufficient content or using correct form for the violations in clause 1 of this Article;

b) Forced correct declaration of prices for acts violating the provisions of clause 2 of this Article.

Article 13. Penalties for violations of regulations on quotation of fixed prices of goods and services.

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a) The failure to quote fixed prices of goods and services in one of the forms prescribed by law;

b) The quotation of fixed prices of goods and services in an unclear manner that causes confusion for customers;

c) The quotation of fixed prices of goods and services that do not conform to the specific prices set by the competent state agencies or organizations or individuals.

2. A fine ranging from 5,000,000 VND to 10,000,000 VND shall be imposed for the act of selling goods and services at prices higher than the fixed prices of the goods and services determined or declared by organizations or individuals, not included in Clause 3 of this Article.

3. A fine ranging from 20,000,000 VND to 30,000,000 VND shall be imposed for the act of selling goods and services at prices higher than the fixed prices of the goods and services included in the list of goods and services subject to price stabilization during the period when the State is implementing price stabilization.

4. Remedial measures:

a) Forced quotation of fixed prices in accordance with the regulations for the violations specified in clause 1 of this Article;

b) Forced refund of the amounts collected from the customers that exceed the fixed prices, for the violations specified in clauses 2 and 3 of this Article.

Organizations and individuals engaged in the trade of goods and services must publicly announce the contents of the aforementioned remedial measures through mass media within 30 days. In cases where the customer cannot be identified or refuses to accept, the difference between the increased selling price and the fixed price must be fully transferred to the state budget.

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1. A fine of from VND 2.000.000 to VND 5.000.000 shall be imposed on:

a) The refusal to receive inspection decisions in price management when competent authorities deliver or send them as per regulations;

b) The failure to comply with inspection decisions in price management according to the notifications of competent state agencies;

c) The failure to provide documents and records at the request of competent agencies or persons within the inspection period at inspection sites;

d) The failure to provide sufficient and correct information and documents at the request of competent agencies or persons within the inspection period at inspection sites;

dd) The failure to append signatures to inspection minutes within 05 working days from the date of preparation or public announcement of the minutes.

2. A fine ranging from VND 5.000.000 to VND 10.000.000 shall be imposed in cases of repeated violations of the acts stipulated in Clause 1 of this Article.

3. Remedial measures:  Forced provision of information and documents related to the acts specified in point c of clause 1 of this Article; Forced provision of sufficient and correct information and documents regarding the acts specified in point d of clause 1 of this Article.

Article 15. Penalties for other violations in price management

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2. A fine ranging from VND 20.000.000 to VND 30.000.000 shall be imposed in the following cases:

a) Pricing frauds by intentionally altering the content agreed upon in transactions without prior notification to customers of the time, place, conditions of purchase, sale, methods of transportation, payment, quality, quantity, features, uses, goods, and services at the time of delivery and provision of services;

b) Acts of obstruction by direct or indirect influence through actions or words on the process by which state agencies manage and regulate prices, as well as assess prices, thereby creating difficulties in complying with the law.

3. A fine ranging from 30,000,000 VND to 50,000,000 VND shall be imposed for acts of collusion or agreement to distort the pricing of goods and services for profit or gain; collusion on pricing for the personal gain.

4. A fine ranging from 50,000,000 VND to 80,000,000 VND shall be imposed for acts of exploiting emergency situations, incidents, disasters, natural calamities, or epidemics to raise the prices of goods and services inappropriately compared to the total cost fluctuations under normal conditions for the personal gain.

Regarding acts of abuse of dominant market position and acts of abuse of monopoly position, they shall be subject to the regulations on the administrative penalties for violations against regulations on competition.

5. Remedial measures:

a) Forced correction of information due to the violation of the provisions under Clause 1 of this Article;

b) Forced refund of the amounts gained from the administrative violations of the provisions in point a of Clause 2, Clause 3, Clause 4 of this Article to customers. Organizations and individuals engaged in the trade of goods and services must publicly announce the contents of the aforementioned remedial measures through mass media within 30 days. In cases where the customer cannot be identified or refuses to accept, the difference obtained from these frauds must be fully transferred to the state budget.

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1. A fine ranging from VND 1.000.000 to VND 2.000.000 shall be imposed in the following cases:

a) The failure to provide or update information on prices;

b) The failure to provide or update correct information on prices;

c) The provision or update of incorrect information into the database on prices.

2. A fine ranging from 2,000,000 VND to 5,000,000 VND shall be imposed for the act of using price data from the price database in a manner not permitted by agencies having authority to manage that database.

3. Remedial measures:

a) Forced provision or updating of information about prices, for the acts specified in point a of Clause 1 of this Article;

b) Forced provision or updating of correct information as per regulations, for the acts specified in point b and point c of Clause 1 of this Article;

Chapter III

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Article 17. Penalties for violations of regulations on information disclosure

1. A fine ranging from 3,000,000 VND to 5,000,000 VND shall be imposed for the act of publicly disclosing insufficient information on valuation as per regulations.

2. A fine ranging from 5,000,000 VND to 8,000,000 VND shall be imposed for the act of failure to publicly disclose information on valuation as per regulations.

3. Remedial measures:  Forced public disclosure of information in accordance with valuation laws, for the violations specified in Clause 1 and Clause 2 of this Article.

Article 18. Penalties for violations of regulations on reports on valuation

1. A fine ranging from VND 5.000.000 to VND 8.000.000 shall be imposed in the following cases:

a) Reports are made not using correct forms as required by valuation laws;

b) Reports do not contain sufficient contents as required by valuation laws;

2. A fine ranging from 8,000,000 VND to 10,000,000 VND shall be imposed for the act of reporting in accordance with valuation laws within the period of from 15 to 30 days from the day on which the reporting is required in the following cases:

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b) Changes to the information recorded on the certificate of eligibility for providing valuation services, include: Information about the enterprise and its branches; information about the legal representative of the valuation enterprise and the head of the branch stated on the certificate of eligibility for providing valuation services.

3. A fine ranging from 12,000,000 VND to 15,000,000 VND shall be imposed for the act of reporting specified in clause 2 of this Article within a period of from 31 days to 45 days from the date on which the reporting is required.

4. A fine ranging from VND 15.000.000 to VND 20.000.000 shall be imposed in the following cases:

a) The report as stipulated in Clause 2 of this Article is submitted after 45 days from the date on which the reporting is required;

b) Periodic report as prescribed by valuation laws is submitted after 15 days from the date on which the periodic reporting is mandated;

c) Ad hoc report as prescribed by valuation laws is submitted after 05 days from the date on which the ad hoc reporting is mandated;

d) Reports are not submitted as prescribed in Clause 2 of this Article after 45 days from the date on which the reporting is required;

dd) Periodic reports as prescribed by valuation laws are not submitted after 15 days from the date on which the periodic reporting is mandated;

e) Ad hoc reports as prescribed by valuation laws are not submitted after 05 days from the date on which the ad hoc reporting is mandated;

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Article 19. Penalties for violations of regulations on purchasing professional liability insurance and establishing professional risk provisions

1. A fine ranging from 10,000,000 VND to 15,000,000 VND shall be imposed for the act of improperly establishing professional risk provisions.

2. A fine ranging from 15,000,000 VND to 20,000,000 VND shall be imposed for the act of failure to purchase professional liability insurance for valuation activities and failure to legally establish professional risk provisions.

3. Remedial measures:

a) Forced establishment of professional risk provisions in accordance with valuation laws, for the violations specified in Clause 1 of this Article;

b) Forced purchase of professional liability insurance or establishment of professional risk provisions in accordance with valuation laws, for the violations specified in Clause 2 of this Article;

Article 20. Penalties for violations of regulations on the preparation and issuance of valuation certificates and valuation reports

1. A fine ranging from VND 10.000.000 to VND 15.000.000 shall be imposed in the following cases:

a) Preparation of valuation certificates that does not adhere to the form prescribed by the Vietnam Valuation Standards;

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2. A fine ranging from 15,000,000 VND to 20,000,000 VND shall be imposed for the act of failing to update valuation certificates into the National Price Database in accordance with valuation laws.

3. A fine ranging from VND 20.000.000 to VND 30.000.000 shall be imposed in the following cases:

a) Preparation of valuation certificates and valuation reports that do not contain sufficient essential contents as stipulated in the Vietnam Valuation Standards;

b) Issuance of valuation certificates and valuation reports without proper authority from branches of valuation enterprises as regulated by valuation laws.

4. A fine ranging from VND 30.000.000 to VND 40.000.000 shall be imposed in the following cases:

a) Preparation of valuation certificates and valuation reports in an individual capacity;

b) Issuance of valuation certificates without valuation reports or vice versa.

5. A fine ranging from VND 40.000.000 to VND 50.000.000 shall be imposed in the following cases:

a) Signing valuation certificates and valuation reports beyond their area of expertise, notifications from the state agency regarding the field of permitted practice; signing the valuation certificate, valuation report while not meeting the conditions for registration to practice valuation as stipulated;

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6. A fine ranging from VND 50.000.000 to VND 60.000.000 shall be imposed in the following cases:

a) Establishment or issuance of fraudulent valuation certificates, valuation reports, and valuation-related documents in accordance with the regulations of the Vietnam Valuation Standards;

b) Issuance of valuation certificates and valuation reports in cases where the valuation enterprises are being suspended from providing valuation services.

7. Additional penalties:

a) Revocation of valuer certificates for a period of from one month to two months from the effective date of decisions to impose penalties for the violations specified in point a, clause 5 of this Article;

b) Suspension of provision of valuation services for a period of from one month to two months from the effective date of decisions to impose penalties for the violations specified in point b, clause 5 of this Article;

c) Revocation of valuer certificates for a period of from 2 months to 3 months from the effective date of decisions to impose penalties for the violations specified in point a, clause 6 of this Article;

d) Suspension of provision of valuation services for a period of from 4 months to 6 months from the effective date of decisions to impose penalties for the violations specified in clause 6 of this Article;

8. Remedial measures: Forced update of valuation certificates on the National Price Database in accordance with valuation laws, for the violations specified in paragraph 2 of this Article.

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1. A fine ranging from VND 10.000.000 to VND 20.000.000 shall be imposed in the following cases:

a) Storage of insufficient valuation records;

b) Failure to comply with valuation record preservation and use laws.

2. A fine ranging from 20,000,000 VND to 30,000,000 VND shall be imposed for the act of altering or modifying the contents of the valuation record that have been stored.

3. A fine ranging from 20,000,000 VND to 30,000,000 VND shall be imposed for the act of lacking valuation records due to non-compliance with storage requirements.

4. Remedial measures: Forcible storage, preservation and use of valuation records in accordance with valuation laws, for the violations specified in clauses 1 and 2 of this Article.

Article 22. Penalties for violations against regulations on valuation practicing

1. A fine ranging from 10,000,000 VND to 15,000,000 VND shall be imposed for the act of failure to provide explanations for valuation reports submitted by the valuers to competent state agencies upon request in accordance with the law.

2. A fine ranging from VND 30.000.000 to VND 40.000.000 shall be imposed in the following cases:

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b) Failure to implement the valuation approach and methods as prescribed in the Vietnam Valuation Standards;

c) Failure to apply valuation methods as prescribed in the Vietnam Valuation Standards;

3. A fine ranging from 80,000,000 VND to 100,000,000 VND shall be imposed for acts of falsifying valuer certificates, renting, borrowing, or using valuer certificates in violation of the provisions of the Price Law and related laws, provided that such acts are not subject to criminal prosecution as stipulated in the Penal Code.

4. Additional penalties:

a) Revocation of valuer certificates for a period of from 2 months to 3 months from the effective date of decisions to impose penalties for the violations specified in clause 2 of this Article;

b) Revocation of valuer certificates for a period of from 6 months to 9 months from the effective date of decisions to impose penalties for the violations specified in clause 3 of this Article, except for cases of falsifying valuer certificates.

5. Remedial measures: Forced explanation of valuation reports submitted by valuers to competent state agencies, for the violations specified in Clause 1 of this Article.

Article 23. Penalties for violations against other regulations on valuation

1. A fine ranging from 5,000,000 VND to 8,000,000 VND shall be imposed for the act of providing valuation services without a valid valuation contract.

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a) Failure to follow procedures for reissuance of certificate of eligibility for providing valuation services after the deadline stipulated from the date of change of information on the certificates of eligibility for providing valuation services;

b) Conclusion of valuation service contracts without permission in accordance with valuation laws.

3. A fine ranging from VND 10.000.000 to VND 20.000.000 shall be imposed in the following cases:

a) Inaccurate and misleading information on the qualifications, experience, and capability to provide services of valuers and valuation enterprises;

b) Inaccurate or dishonest declaration with the aim of application for issuance or reissuance of certificates of eligibility for providing valuation services or applications for valuer certificates;

c) Establishment of regulations on quality control of valuation reports without implementation for the purpose of issuance and provision of valuation certificates to clients.

4. A fine ranging from VND 20.000.000 to VND 30.000.000 shall be imposed in the following cases:

a) Failure to establish and implement regulations on quality control of valuation reports for the purpose of issuance and provision of valuation certificates to clients;

b) Provision of valuation services or conduct of valuation for individuals related to valuation enterprises in accordance with enterprise laws;

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5. A fine ranging from 100,000,000 VND to 150,000,000 VND shall be imposed for acts of bribery, corruption; collusion or agreement to distort the valuation of valued assets for personal gain; and acts of collusion to make valuation which do not reach the threshold of criminal prosecution as stipulated by the Penal Code.

6. Additional penalties: Suspension of provision of valuation services for a period of from 6 months to 9 months from the effective date of decisions to impose penalties for the violations specified in clause 5 of this Article;

7. Remedial measures:

a) Forcible application for reissuance of certificates of eligibility for providing valuation services, for the violations specified in point a, clause 2 of this Article;

b) Forcible provision of accurate and truthful information on the qualifications, experience, and ability to provide services of valuers and valuation enterprises, for the violations specified in point a, clause 3 of this Article;

c) Forcible quality control of valuation reports, for the violations specified in point c of clause 3 and point a of clause 4 of this article.

Article 24. Penalties for violations of regulations on the provision of information on valued assets and the use of valuation certificates for clients and third parties named in valuation contracts

1. A fine ranging from VND 5.000.000 to VND 10.000.000 shall be imposed in the following cases:

a) Use of valuation certificates that have expired;

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2. A fine ranging from 20,000,000 VND to 30,000,000 VND shall be imposed for the act of intentionally providing false information on valued assets.

Article 25. Penalties for violations of regulations on training, refresher training, and expansion of knowledge on valuation

1. A fine ranging from VND 5.000.000 to VND 10.000.000 shall be imposed in the following cases:

a) Failure to conduct inquiries into learners' feedback by using class quality assessment forms as required;

b) Failure to submit reports on the training, refresher training, and expansion of knowledge on valuation.

2. A fine ranging from VND 10.000.000 to VND 25.000.000 shall be imposed in the following cases:

a) Organization a class with a number of learners exceeding the number prescribed by valuation laws;

b) Failure to comply with the content, curriculum, and duration of each class as per regulations;

c) Arrangement of unqualified lecturers as prescribed by valuation law;

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dd) Conduct of assessments of learning outcomes that do not comply with valuation laws;

e) Issuance of certificates without using the certificate template stipulated by the Ministry of Finance;

g) Storage of records related to training and refresher training and expansion of knowledge that do not comply with valuation laws.

3. A fine ranging from VND 15.000.000 to VND 30.000.000 shall be imposed in the following cases:

a) Issuance of certificates and confirmations for unqualified learners as prescribed by study duration and examination result laws;

b) Issuance of certificates and confirmations for individuals who have not actually participated in classes.

4. A fine ranging from VND 20.000.000 to VND 35.000.000 shall be imposed in the following cases:

a) Opening of classes where requirements or conditions stipulated by the Ministry of Finance are not entirely satisfied;

b) Opening of valuation training classes and issuance of certificates for completion of valuation training/refresher training courses, or confirmations of expansion of knowledge on valuation without permission as regulated by the Ministry of Finance.

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a) Suspension of the opening of classes of training, refresher training, and expansion of knowledge for a period of from one month to two months from the effective date of decisions to impose penalties for the violations specified in point b, clause 3 of this Article;

b) Suspension of the opening of classes of training, refresher training, and expansion of knowledge for a period of from 2 months to 3 months from the effective date of decisions to impose penalties for the violations specified in clause 4 of this Article.

6. Remedial measures:

a) Forcible submission of reports in accordance with regulations on the training, refresher training, and expansion of knowledge on valuation, for the violations specified in point b, clause 1 of this Article;

b) Forcible reissuance of certificates of completion of training and refresher training courses for participants in classes, for the violations specified in point e, clause 2 of this Article;

c) Forcible revocation of certificates of completion of valuation training and refresher training courses or confirmations of valuation knowledge update, simultaneously forcible transfer of profits obtained from the violations specified in point b, clause 3 of this Article to the state budget;

d) Forcible revocation of certificates of completion of training and refresher training courses, or confirmations of valuation knowledge update, simultaneously forcible reimbursement of expenses for training, refresher training, or knowledge update for participants, for the violations specified in Clause 4 of this Article.

Chapter IV

AUTHORITY TO ISSUE OFFENCE NOTICES AND IMPOSE ADMINISTRATIVE PENALTIES

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1. Persons having authority to issue offence notices specified in this Article has the right to issue offence notices within their jurisdiction using the prescribed form, and are responsible for the issuance of such notices.

2. The following persons have the authority to prepare offence notices:

a) Persons having authority to impose administrative penalties specified herein;

b) Officials, public employees and persons of the People's Police force who are performing their duties and assigned tasks.

Article 27. Authority to impose administrative penalties of inspectors

1. Chief Inspectors of ministries, ministerial agencies; Directors of Price Management Department have the authority to:

a) Impose a monetary fine of up to 150,000,000 VND, for the violations of the provisions of this Decree;

b) Apply the additional penalties provided for in point b, clause 1, Article 3 and the remedial measures specified in clause 7, Article 3 of this Decree.

2. Chief inspectors of provincial departments, Heads of specialized inspectorates of the agencies assigned to carry out price-related inspections have the authority to:

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b) Apply the additional penalties provided for in point b, clause 1, Article 3 and the remedial measures specified in clause 7, Article 3 of this Decree.

Article 28. Authority to impose administrative penalties of the Chairpersons of the People's Committees

The Chairpersons of the People's Committees at all levels have the authority to impose administrative penalties for violations of regulations on price management in their areas.

1. The Chairpersons of the provincial People’s Committees have the rights to:

a) Impose a monetary fine of up to 150.000.000 VND, for the violations of regulations on price management;

b) Apply the additional penalties provided for in point b, clause 1, Article 3 and the remedial measures specified in clause 7, Article 3 of this Decree.

2. The Chairpersons of the district-level People’s Committees have the rights to:

a) Impose a monetary fine of no more than 75,000,000 VND;

b) Apply the additional penalties provided for in point b, clause 1, Article 3 and the remedial measures specified in clause 7, Article 3 of this Decree.

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Article 29. Authority to impose administrative penalties of market surveillance officers

The competent persons of market surveillance agencies specified in Article 45 of the Law on Actions against administrative violations have the authority to impose administrative penalties as outlined in Article 6, Clause 1 of Article 7, Article 8, Article 10, Article 11, Article 13, and Article 15 of this Decree as follows:

1. Director General of Vietnam Directorate of Market Surveillance Agency has the rights to:

a) Impose a monetary fine of up to VND 150.000.000;

b) Apply remedial measures specified in points a, b, c, d, dd, e, t and e Clause 7 Article 3 of this Decree.

2. Directors of Provincial Market Surveillance Departments and Directors of Market Surveillance Operations Departments affiliated to Vietnam Directorate of Market Surveillance Agency have the rights to:

a) Impose a monetary fine of up to VND 50.000.000;

b) Apply remedial measures specified in points a, b, c, d, dd, e, t and e Clause 7 Article 3 of this Decree.

3. Team leaders of Market surveillance teams, Heads of Professional departments affiliated to the Market Surveillance Bureau has the rights to:

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b) Apply remedial measures specified in points a, b, c, d, dd, e, t and e Clause 7 Article 3 of this Decree.

Article 30. Authority to impose administrative penalties of the People’s Public Security

1. The Director of Bureau of Internal Political Security, the Director of Bureau of Economic Security, the Director of Police Bureau for Administrative Management of Social Order, the Director of Police Bureau of Criminal Investigation, the Director of Police Bureau of Corruption, Economy, and Smuggling Investigation, the Director of Bureau of Counter-Narcotics Police, the Director of Bureau of Traffic Police, the Director of Police Bureau of Fire Prevention and Rescue, the Director of Police Bureau of Environmental Crime Prevention, the Director of Bureau of Cybersecurity and High-Tech Crime Prevention and Control, the Director of Bureau of Homeland Security, the Director of Police Bureau for Managing Custody, Temporary detention and Criminal judgment Execution in the Community and the Commander of Mobile Police Command have the rights to:

a) Impose a monetary fine of up to VND 150.000.000;

b) Apply the additional penalties provided for in point b, clause 1, Article 3 and the remedial measures specified in clause 7, Article 3 of this Decree.

2. Directors of provincial Police authorities have the rights to:

a) Impose a monetary fine of up to VND 75.000.000;

b) Apply the additional penalties provided for in point b, clause 1, Article 3 and the remedial measures specified in clause 7, Article 3 of this Decree.

3. Heads of district-level police authorities; Heads of Operation Departments affiliated to the Bureau of Internal Political Security; Heads of Operation Departments affiliated to the Police Bureau for Administrative Management of Social Order; Heads of Operation Departments affiliated to the Bureau of Traffic Police; Heads of Operation Departments of Police Bureau of Fire Prevention and Rescue; Heads of Operation Departments affiliated to the Bureau of Cybersecurity and High-Tech Crime Prevention and Control; Heads of Operation Departments affiliated to the Bureau of Immigration; Heads of Departments affiliated to the Provincial Police authorities including: Heads of Departments of Internal Political Security, Heads of Police Departments of Administrative Management of Social Order, Heads of Police Departments of Bureau of Criminal Investigation, Heads of Police Departments of Corruption, Economy, and Smuggling Investigation, Heads of Police Departments of Counter-Narcotics Police, Heads of Police Departments of Criminal judgment Execution and Judicial Assistance, Heads of Police Departments of Environmental Crime Prevention, Heads of Police Departments of Cybersecurity and High-Tech Crime Prevention and Control, Heads of Departments of Immigration, Heads of Departments of Economic Security, Heads of Departments of Foreign Security, commanders of the Mobile Police Regiments and commanders of the Marine Squadrons have the rights to:

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b) Apply the additional penalties provided for in point b, clause 1, Article 3 and the remedial measures specified in clause 7, Article 3 of this Decree.

4. Heads of Commune-level Police Authorities, Police Stations, Border Checkpoints, Export-Processing Zones, Chiefs of International Airport Border Gate Police, Commanders of Mobile Police Battalions, Team Leaders of Marine Squadrons have the rights to:

a) Impose a monetary fine of up to VND 2.500.000;

b) Apply remedial measures specified in Clause 7 Article 3 of this Decree.

Chapter V

IMPLEMENTATION PROVISIONS

Article 31. Entry into force

This Decree comes into force from July 12, 2024, and replaces the regulations concerning the handling of administrative violations of regulations on prices stipulated in Chapter II of Decree No. 109/2013/ND-CP dated September 24, 2013 of the Government; Article 1 of Decree No. 49/2016/ND-CP dated May 27, 2016 of the Government.

Article 32. Transitional provisions

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Article 33. Implementation

Ministers, Heads of ministerial agencies, Heads of Governmental agencies, the Chairpersons of the People’s Committees of provinces and central-affiliated cities and relevant entities are responsible for implementation of this Decree.

ON BEHALF OF GOVERNMENT OF VIETNAM
PP. PRIME MINISTER
DEPUTY PRIME MINISTER




Le Minh Khai