Nghị định 93/1999/NĐ-CP về việc xử phạt vi phạm hành chính trong lĩnh vực thống kê

DECREE

ON SANCTIONING ADMINISTRATIVE VIOLATIONS IN THE FIELD OF STATISTICS

THE GOVERNMENT

Pursuant to the Law on Organization of the Government of September 30, 1992;
Pursuant to the Ordinance on Handling of Administrative Violations of July 6, 1995;
Pursuant to the Ordinance on Accounting and Statistics of May 20, 1988;
At the proposal of the General Director of Statistics,

DECREES:

Chapter I

GENERAL PROVISIONS

Article 1.- Scope and objects of application

1. Administrative violations in the field of statistics are acts committed intentionally or unintentionally by individuals or organizations, in violation of the State’s regulations on the statistical regime, which are not serious enough for being examined for penal liability but must be administratively sanctioned according to the provisions of law.

2. Individuals and organizations that commit administrative violations in the field of statistics shall be sanctioned according to this Decree and the provisions of the Ordinance on Handling of Administrative Violations.

3. Foreign individuals and organizations that commit administrative violations in the field of statistics on the Vietnamese territory shall all be sanctioned according to this Decree, except otherwise provided for by international agreements which Vietnam has signed or acceded to.

Article 2.- Principles of sanctioning administrative violations

1. The handling of administrative violations in the field of statistics shall be conducted by the competent persons defined in Articles 12, 13, 14 and 15 of this Decree.

2. All administrative violations in the field of statistics must be detected promptly and stopped immediately. The handling thereof must be conducted in a quick and fair manner.

3. An administrative violation shall be sanctioned only once. An individual or organization that commits more than one administrative violation shall be sanctioned for each of such violations. If more than one individual and/or organization commit an administrative violation, each of such individuals and/or organizations shall be sanctioned.

4. The sanctioning of an administrative violation in the field of statistics must be based on the nature and seriousness of such violation, the violator’s personal background as well as the extenuating and aggravating circumstances so as to decide the appropriate form, measure and level of sanction.

5. It is strictly forbidden to withhold violations with signs of criminal offenses for administrative sanctions.

Article 3.- Statute of limitations for sanctioning administrative violations

1. The statute of limitations for sanctioning an administrative violation in the field of statistics shall be one year after such violation is committed. Where the statute of limitations for sanctioning an administrative violation in the field of statistics has expired, such violation shall not be sanctioned.

2. In cases where an individual is prosecuted or is, by a decision, brought to trial according to the criminal procedures, if there’s a decision to suspend the investigation or the case itself and such individual’s act shows signs of an administrative violation in the field of statistics, he/she shall be sanctioned administratively; the statute of limitations for sanctioning the administrative violation in this case shall be three months after the above-said suspension decision is issued.

Article 4.- Forms of sanction

1. For each administrative violation in the field of statistics, the violating individual or organization shall be subject to one of the following forms of main sanction:

a/ Warning;

b/ Fine.

2. Depending on the nature and seriousness of his/her/its violation, the individual or organization that commits such administrative violation in the field of statistics may also be subject to one or a number of forms of additional sanction and other measures stipulated in Clauses 2 and 3, Article 11 of the Ordinance on Handling of Administrative Violations.

Chapter II

ACTS OF ADMINISTRATIVE VIOLATION, FORMS AND LEVELS OF SANCTION

Article 5.- Violating regulations on the use of statistical forms

1. A warning or a fine of from 100,000 VND to 500,000 VND for acts of using those statistical forms, which are not issued by the competent agencies or have expired in terms of their use duration according to regulations, including statistical reports, survey cards, questionnaires, reports on survey results as well as other regulations of the statistical survey plans.

2. A fine of from over 500,000 VND to 1,000,000 VND for acts of repeating the violations mentioned in Clause 1 of this Article.

3. Applying additional handling measures: Compelling the cancellation of the statistical form(s) being in use; re-making the statistical reports in strict compliance with the set forms and sending them to the competent agencies.

Article 6.- Violations in the promulgation, supplement and amendment of the statistical regime

1. A fine of from 1,000,000 VND to 4,000,000 VND for one of the following acts:

Deliberately committing or forcing others to commit acts of supplementing and/or amending forms of statistical reports and/or statistical classification tables; statistical survey plans and contents of legal documents guiding the statistical work; method of calculating economic and social statistical norms, which are contrary to the State’s current statistical regime.

2. A fine of from over 4,000,000 VND to 7,000,000 VND for act of issuing a system of statistical norms, statistical reporting and surveying regimes ultra vires or in contravention of the State’s current statistical regime.

3. Applying additional handling measures: Abrogating and withdrawing the statistical forms, which have been issued, supplemented and/or amended ultra vires or in contravention of the State’s current statistical regime.

Article 7.- Falsely reporting and declaring statistical data

1. A fine of from 2,000,000 VND to 5,000,000 VND for act of reporting data in deficiency or excess of the actual ones or exceeding the permitted statistical error rate.

2. A fine of from over 5,000,000 VND to 7,000,000 VND for act of falsely reporting on arising socio-economic phenomena.

3. A fine of from over 7,000,000 VND to 20,000,000 VND for act of falsely declaring data, deliberately reporting, falsely or forcing others to falsely report statistical data.

4. Applying additional handling measures: Re-making the statistical reports true to the arising socio-economic phenomena in strict compliance with the statistical method and sending them to competent bodies.

Article 8.- Failing to submit statistical reports in time and adequately

1. A warning or a fine of from 200,000 VND to 1,000,000 VND for one of the following acts:

a/ Delaying the submission of statistical reports for under 20 days as compared with the prescribed regime;

b/ Failing to submit adequately the number of forms and/or the norms of the monthly and quarterly reports as prescribed.

2. A fine of from 1,000,000 VND to 3,000,000 VND for one of the following acts:

a/ Delaying the submission of statistical reports for from 20 to under 60 days as compared with the prescribed regime;

b/ Failing to submit adequately the number of forms and/or the norms of the 6-month, 9-month and annual reports as prescribed.

3. A fine of from over 3,000,000 VND to 10,000,000 VND for act of failing to make statistical reports.

4. Applying additional handling measures: Re-making the statistical true reports to the arising socio-economic phenomena in strict compliance with the statistical methods and sending them to the competent bodies.

Article 9.- Violating the statistical method

1. A warning or a fine of from 200,000 VND to 1,000,000 VND for act of recording data unclearly, modifying or erasing statistical data and/or documents.

2. A fine of from over 1,000,000 VND to 5,000,000 VND for act of wrongly applying the statistical methods.

3. A fine of from over 5,000,000 to 15,000,000 VND for act of deliberately applying wrongly or coercing others to wrongly apply the statistical methods.

4. Applying additional handling measures: Forcing the re-calculation in strict compliance with the set statistical methods; re-making the statistical reports and sending them to the competent bodies.

Article 10.- Violating the regimes of supplying and publicizing statistical data and documents

1. A warning or a fine of from 100,000 VND to 500,000 VND for act of supplying inadequate and inaccurate statistical data and documents at the lawful request of competent persons.

2. A fine of from over 500,000 VND to 2,000,000 VND for one of the following acts:

a/ Obstructing or delaying the supply of statistical data and documents at the lawful request of competent persons.

b/ Refusing to supply statistical data and documents at the lawful request of competent persons.

3. A fine of from 5,000,000 VND to 15,000,000 VND for act of supplying and/or publicizing the statistical data and documents which, according to the regulations, must not be publicized yet and the statistical data which have not been declassified yet.

4. Applying additional handling measures: Forcing the supply of statistical data and documents for competent agencies and/or persons.

Article 11.- Violating the regulations on the preservation of statistical data and documents

1. A fine of from 200,000 VND to 1,000,000 VND for act of violating the regulations on the preservation of statistical data and documents; or letting such statistical data and documents be damaged, which, however, may be restored.

2. A fine of from over 1,000,000 VND to 5,000,000 VND for one of the following acts:

a/ Letting statistical data and documents be damaged to the extent that they cannot be restored;

b/ Mislaying statistical data and documents.

3. A fine of from 5,000,000 VND to 15,000,000 VND for act of canceling or coercing others to cancel statistical data and documents before the prescribed expiry year.

4. Applying additional handling measures: Forcing the restoration of statistical data and documents which can be restored; and preservation of statistical data and documents in strict compliance with the regulations of the State.

Chapter III

SANCTIONING COMPETENCE AND PROCEDURES; COMPLAINTS, DENUNCIATIONS AND HANDLING OF ADMINISTRATIVE VIOLATIONS IN THE FIELD OF STATISTICS

Article 12.- Statistical specialized inspectorate’s competence to sanction administrative violations

1. A statistical specialized inspector on duty shall be competent:

a/ To serve a warning;

b/ To impose fines of up to 200,000 VND;

c/ To apply forms of additional sanction and other measures: confiscation of material evidences and means of administrative violation in the field of statistics, which are valued at up to 500,000 VND as well as other measures stipulated in Clause 3, Article 5; Clause 3, Article 6; Clause 4, Article 7; Clause 4, Article 9; Clause 4, Article 10; and Clause 4, Article 11 of this Decree.

2. The statistical specialized chief inspector of a province or centrally-run city shall be competent:

a/ To serve a warning;

b/ To impose fines of up to 10,000,000 VND;

c/ To apply forms of additional sanction: Measures stipulated in Clause 3, Article 5; Clause 3, Article 6; Clause 4, Article 7; Clause 4, Article 9; Clause 4, Article 10; and Clause 4, Article 11 of this Decree.

3. The statistical specialized chief inspector of the General Department of Statistics shall be competent:

a/ To serve a warning;

b/ To impose fines of up to 20,000,000 VND;

c/ To apply forms of additional sanction and other measures stipulated in Clause 2, Article 4 of this Decree.

Article 13.- Sanctioning competence of the district- and provincial-level People’s Committees

1. The presidents of the district-level People’s Committees shall be competent:

a/ To serve a warning;

b/ To impose fines of up to 10,000,000 VND;

c/ To apply forms of additional sanction and other measures stipulated in Clause 2, Article 4 of this Decree.

2. The presidents of the provincial-level People’s Committees shall be competent:

a/ To serve a warning;

b/ To impose fines of up to 20,000,000 VND;

c/ To apply forms of additional sanction and other measures stipulated in Clause 2, Article 4 of this Decree.

Article 14.- Authorization to sanction administrative violations

Where a person competent to sanction administrative violations in the field of statistics defined in Clauses 2 and 3, Article 12, and Article 13 of this Decree is absent or in case of his/her authorization, his/her deputy may sanction administrative violations according to the head’s competence.

Article 15.- Determination of competence to sanction administrative violations

1. The district- and provincial-level People’s Committees shall be competent to sanction administrative violations in the field of statistics in their respective localities.

2. The statistical specialized inspectorates of different levels shall be competent to sanction administrative violations in the field of statistics, which fall under the State management function of the statistical branch.

3. In cases where an administrative violation in the field of statistics falls under the sanctioning competence of more than one agency, it shall be sanctioned by the agency which has received and processed the case first.

Article 16.- Procedures for sanctioning administrative violations in the field of statistics

The procedures for sanctioning administrative violations in the field of statistics shall comply with the provisions of Chapter VI of the Ordinance on Handling of Administrative Violations of July 6, 1995.

Article 17.- Coercive implementation of decisions on sanctioning administrative violations

The coercive implementation of decisions on sanctioning administrative violations shall comply with the provisions of Article 55 of the Ordinance on Handling of Administrative Violations of July 6, 1995.

Article 18.- Transfer of violation dossiers for examination for penal liability

If deeming that a violation of the legislation on statistics shows signs of a criminal offense, the person competent to sanction administrative violations shall have to immediately transfer such dossier to the competent agency for handling.

Article 19.- Administrative sanctions against acts of opposing officials on duty in the field of statistics

The administrative sanctions against acts of opposing officials on duty in the field of statistics shall comply with Article 92 of the Ordinance on Handling of Administrative Violations as well as the provisions at Points a and b, Clause 2; Point c, Clause 3, Article 5 of the Government’s Decree No. 49/CP of August 15, 1996 on sanctioning administrative violations in the field of security and order.

Article 20.- Statute of limitations for implementation of decisions on sanctioning administrative violations

A decision on sanctioning an administrative violation in the field of statistics shall cease to be effective one year after its issuance. Where the sanctioned individual or organization deliberately evades or delays the implementation of such decision, the statute of limitations defined in this Article shall not apply.

Article 21.- Complaints, denunciations and the settlement of complaints and denunciations about decisions on sanctioning administrative violations

The complaint and denunciation as well as the settlement of complaints and denunciations about decisions on sanctioning administrative violations in the field of statistics shall comply with the provisions of the legislation on complaints and denunciations.

Article 22.- Handling of violations

The handling of violations committed by the persons competent to sanction administrative violations in the field of statistics shall comply with the provisions of Article 91 of the Ordinance on Handling of Administrative Violations.

Chapter IV

IMPLEMENTATION PROVISIONS

Article 23.- Statute of limitations for implementation

This Decree takes effect 15 days after its signing and replaces the regulations on sanctioning administrative violations in the field of statistics issued together with Decree No. 52/HDBT of February 19, 1992 of the Council of Ministers. The earlier regulations contrary to this Decree are all now annulled.

Article 24.- Implementation provisions

1. The General Director of Statistics shall have to guide the implementation of this Decree.

2. The ministers, the heads of the ministerial-level agencies, the heads of the agencies attached to the Government, the presidents of the People’s Committees of the provinces and centrally-run cities shall have to implement this Decree.

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