Nghị định 100/2021/ND-CP

DECREE

AMENDMENTS TO SOME ARTICLES OF THE GOVERNMENT’S DECREE NO. 95/2016/ND-CP DATED JULY 01, 2016 ON PENALTIES FOR ADMINISTRATIVE VIOLATIONS AGAINST REGULATIONS ON STATISTICS

Pursuant to the Law on Government Organization dated June 19, 2015; Law on Amendments to the Law on Amendments to some Articles of the Law on Government Organization and Law on Local Government Organization dated November 22, 2019;

Pursuant to the Law on Penalties for Administrative Violations dated June 20, 2012; Law on Amendments to the Law on Amendments to some Articles of the Law on Penalties for Administrative Violations dated November 13, 2020;

Pursuant to the Law on Statistics dated November 23, 2015;

At the request of the Minister of Planning and Investment;

 The Government hereby promulgates a Decree on amendments to some Articles of the Government’s Decree No. 95/2016/ND-CP dated July 01, 2016 on penalties for administrative violations against regulations on statistics.

Article 1. Amendments to some Articles of the Government’s Decree No. 95/2016/ND-CP dated July 01, 2016 on penalties for administrative violations against regulations on statistics:

1. Several Clauses of Article 2 are amended as follows:

a) Clause 4a is added after Clause 4 as follows:

 “4a. Organizations penalized for administrative violations specified in 1, 2, 3 and 4 of this Article include:

a) Regulatory bodies committing any violation that is not within the assigned scope of the state management of statistics;

b) People's armed forces;

c) Public service providers;

d) Authorities of the Communist Party of Vietnam;

dd) Socio-political organizations, socio-political-professional organizations, social organizations, socio-professional organizations;

e) Business organizations established under the Law on Enterprises, including sole proprietorships, joint-stock companies, limited liability companies, partnerships and their affiliates (including branches and representative offices);

g) Business organizations that are duly established under the Law on Co-operatives, including co-operatives and co-operative unions;

h) Other organizations that are duly established under regulations of law.”.

b) Clause 4b is added after Clause 4a as follows:

 “4b. Household businesses and households committing administrative violations specified in this Decree shall incur the same penalties as those imposed on violating individuals.”.

c) Clause 7 is amended as follows:

“7. Article 13 of this Decree shall not apply to impose penalties for administrative violations on press agencies and publishers.

Penalties for administrative violations imposed upon press agencies and publishers are specified in the Government's Decree on penalties for administrative violations against regulations on press and publishing.”.

2. Article 3a is added after Article 3 as follows:

 “Article 3a. Dates used to determine prescriptive time limits for imposing penalties for administrative violations

1. Administrative violations treated as in-progress ones are the violations specified in Clause 1 and Points c and d Clause 5 Article 5; Clause 5 Article 7 of this Decree.

2. The ending dates of several administrative violations specified in this Decree are determined as follows:

a) The ending date of the administrative violation specified in Point a or c Clause 2, Clause 3 or 4 Article 5 of this Decree is the date on which the individual or organization finishes submitting the statistical survey sheet.

b) The ending date of the administrative violation specified in Clause 1 Article 6; Article 8; Clause 1 Article 9; Clause 1, Point a Clause 2 Article 10 of this Decree is the date on which the individual or organization finishes submitting the statistical report.

c) The ending date of the administrative violation specified in Clause 1 Article 11 of this Decree is the date on which the individual or organization uses statistical database of unpublished statistical indicators or statistical information;

d) The ending date of the administrative violation specified in Clause 2 Article 11 of this Decree is the date on which the individual or organization uses administrative database for purposes other than statistics production, provides administrative data for a third party without a written consent of the database manager;

dd) The ending date of the administrative violation specified in Clause 1 Article 12 of this Decree is the date on which the individual or organization publishes unpublished data or information in the state statistics database other than that classified as state secret on the mass media, social network or printed matter as prescribed;

e) The ending date of the administrative violation specified in Clause 2 Article 12 of this Decree is the date on which the individual or organization publishes false statistical information on the mass media, social network or printed matter;

g) The ending date of the administrative violation specified in Clause 1 or Clause 1a Article 13 of this Decree is the date on which the individual or organization publishes a piece of statistical information on the mass media or printed matter;

h) The ending date of the administrative violation specified in Clause 2, 3 or 4 Article 13 of this Decree is the date on which the individual or organization publishes falsifying statistical information which belongs to a system of statistical indicators of the country, ministry, branch, province, district or commune published by a competent authority on the mass media or printed matter;

i) The ending date of the administrative violation specified in Point b Clause 2 Article 14 of this Decree is the date on which the individual or organization loses the completed statistical survey sheet or statistical report.

k) The ending date of the administrative violation specified in Article 15 of this Decree is the date on which the individual or organization reveals statistical information in the statistical survey sheet, statistical report, administrative data or statistical data associated with the name or address of an organization or individual without their consent.

3. Dates used to determine prescriptive time limits for imposing penalties for administrative violations are specified in Clause 1 Article 6 of the Law on Penalties for Administrative Violations.”.

3. Article 3b is added after Article 3a as follows:

 “Article 3b. Administrative violations committed multiple times

If a violating entity commits multiple administrative violations with respect to the administrative violations specified in Chapter II of this Decree shall face a penalty for each administrative violation and face the aggravating circumstance as prescribed in Point b Clause 1 Article 10 of the Law on Penalties for Administrative Violations, except for the violations specified in Articles 5, 6, 7 and 8 of this Decree.

4. Article 3c is added after Article 3b as follows:

 “Article 3c. Time limits for implementing remedial measures

1. The time limit for implementing the remedial measure specified in Clause 1, 4, 5 or 6 Article 3 of this Decree is 10 working days from the date on which the individual or organization receives the penalty imposition decision.

2. The time limit for implementing the remedial measure specified in Clause 2 or 3 Article 3 of this Decree is 30 working days from the date on which the individual or organization receives the penalty imposition decision.

3. If the penalty imposition decision or decision to enforce remedial measures prescribes the time limit for implementation, the time limit prescribed in such decision shall apply.”.

5. Several Clauses of Article 13 are amended as follows:

a) Clause 1 is amended as follows:

“1. A warning shall be imposed for citing a piece of statistical information on a means of mass media or printed matter without naming the source.”.

b) Clause 1a is added after Clause 1 as follows:

 “1a. A fine ranging from VND 500,000 to VND 1,000,000 shall be imposed for naming a false source when citing a piece of statistical information on a means of mass media or printed matter.”.

a) Point a of Clause 5 is amended as follows:

“a) Enforced rectification of cited or published statistical information mentioned in Clause 1 and 1a of this Article;”.

6. Several Clauses of Article 14 are amended as follows:

a) Clause 1 is amended as follows:

“1. A warning shall be imposed for damaging less than 50% of the number of statistical indicators in the statistical survey sheet or statistical report during the retention period while they can be still restored.”.

b) Clause 1a is added after Clause 1 as follows:

“1a. A fine ranging from VND 500,000 to VND 1,000,000 shall be imposed for damaging at least 50% of the number of statistical indicators in the statistical survey sheet or statistical report during the retention period while they can be still restored.”.

c) Clause 3 is amended as follows:

“3. Remedial measure: Enforced restoration of the statistical survey sheet or statistical report, if possible, in case of the violation specified in Clause 1 or 1a of this Article.”.

7. Article 17 is amended as follows:

“Article 17. The power to impose penalties for administrative violations

1. Inspectors and persons assigned to carry out specialized inspections in the performance of their duty are entitled to issue warnings.

2. Chief inspectors of provincial departments; chiefs of specialized inspectorates of the General Statistics Office; chiefs of specialized inspectorates of Provincial Statistical Offices; chiefs of provincial inspectorates are entitled to:

a) issue warnings;

b) impose a maximum fine of VND 15,000,000;

c) enforce the remedial measures provided for in this Decree.

3. Directors General of Provincial Statistical Offices; chiefs of ministerial inspectorates are entitled to:

a) issue warnings;

b) impose a maximum fine of VND 21,000,000;

c) enforce the remedial measures provided for in this Decree.

4. The Director General of the General Statistics Office; the Chief Inspector of the Ministry, ministerial agencies are entitled to:

a) issue warnings;

b) impose a maximum fine of VND 30,000,000;

c) enforce the remedial measures provided for in this Decree.”.

8. Article 18 is amended as follows:

“Article 18. Delegation of power to impose penalties for administrative violations

1. Chairmen/Chairwomen of communal People’s Committees are entitled to impose penalties for the administrative violations specified in Clauses 1, 2 and 3 Article 5; Clauses 1 and 2 Article 7; Clause 1 Article of this Decree.

2. Chairmen/Chairwomen of district-level People’s Committees are entitled to impose penalties for the administrative violations specified in Article 5; Article 6; Clauses 1, 2, 3 and 4 Article 7; Article 8; Article 9; Clause 1 Article 10; Clause 1 Article 11; Clauses 1, 1a, 2 and 3 Article 13; Article 14 of this Decree.

3. Chairmen/Chairwomen of provincial People’s Committees are entitled to impose penalties for the violations specified in Chapter II of this Decree.

4. Inspectors, persons assigned to carry out specialized inspections in the performance of their duty affiliated to Ministries, ministerial agencies assigned by the Government to develop national statistical indicators , including the Ministry of Planning and Investment; Ministry of Natural Resources and Environment; the Ministry of Home Affairs; the Ministry of Finance; the Ministry of Justice; the Ministry of Information and Communications; the Ministry of Construction; the Ministry of Agriculture and Rural Development; the Ministry of Industry and Trade; the Ministry of Transport; the Ministry of Science and Technology; the Ministry of Education and Training; the Ministry of Health; the Ministry of Culture, Sports and Tourism; the Ministry of Public Security; the Ministry of National Defense; the State Bank of Vietnam; equivalent provincial departments and agencies of Ministries, ministerial agencies mentioned in this Clause are entitled to impose penalties for the administrative violations specified in Clause 1 Article 5; Clause 1 Article 7 of this Decree.

5. Chief inspectors of provincial departments; chiefs of specialized inspectorates of the General Statistics Office; chiefs of specialized inspectorates of Provincial Statistical Offices; chiefs of provincial inspectorates are entitled to impose penalties for the administrative violations specified in Article 5; Article 6; Clauses 1, 2, 3 and 4 Article 7; Article 8; Article 9; Clause 1 Article 10; Clause 1 Article 11; Clauses 1, 1a, 2 and 3 Article 13; Article 14 of this Decree.

6. Directors General of Provincial Statistical Offices; chiefs of ministerial inspectorates are entitled to impose penalties for the administrative violations specified in Article 5; Article 6; Article 7; Article 8; Article 9; Article 10; Article 11; Clause 1 Article 12; Article 13; Article 14 of this Decree.

7. The Director General of the General Statistics Office; the Chief Inspector of the Ministry, ministerial agencies are entitled to impose penalties for the administrative violations specified in Chapter II of this Decree.”

Article 2. Annulment of Clause 6 Article 2 of the Government’s Decree No. 95/2016/ND-CP dated July 01, 2016 on penalties for administrative violations against regulations on statistics.

Article 3. Implementation clause

1. This Decree comes into force from January 01, 2022.

2. Ministers, heads of ministerial agencies, heads of Governmental agencies, Chairmen/Chairwomen of People’s Committees of provinces and central-affiliated cities and organizations and individuals concerned are responsible for the implementation of this Decree./.