Nghị định 95/2016/ND-CP

DECREE

PENALTIES FOR ADMINISTRATIVE VIOLATIONS AGAINST REGULATIONS ON STATISTICS

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

Pursuant to the Law on Actions against administrative violations dated June 20, 2012;

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

At the request of the Minister of Planning and Investment;

The Government promulgates a Decree on penalties for administrative violations against regulations on statistics.

Chapter I

GENERAL PROVISIONS

Article 1. Scope

1. This Decree provides for administrative violations, penalties, fines, remedial measures; the power to impose penalties and fines for violations against regulations on statistics.

2. Administrative violations against regulations on statistics are:

a) Violations against regulations on statistical survey;

b) Violations against regulations on statistical reports;

c) Violations against regulations on use of administrative data for statistics production, use of statistical database;

d) Violations against regulations on publishing and using statistical information;

dd) Violations against regulations on retention of statistical documents.

Article 2. Regulated entities

1. Organizations and individuals that prepare statistical reports, carry out statistical surveys.

2. Organizations and individuals publishing and using statistical information.

3. Organizations and individuals that prepare statistical reports or carry out statistical surveys.

4. Organizations and individuals using administrative data for statistics production or using statistical database.

5. Officials and public employees committing violations in the performance of their duties related to statistics production shall incur penalties specified in regulations of law on officials and public employees instead of provisions of this Decree.

6. Regulatory bodies committing violations related to statistics production shall be dealt with according to relevant laws instead of provisions of this Decree.

7. Article 13 of this Decree shall not apply to press agencies.

Penalties for administrative violations imposed upon press agencies are specified in Article 8 of the Government's Decree No. 159/2013/ND-CP dated November 12, 2013 on penalties for administrative violations against regulations on press and publishing.

Article 3. Remedial measures

Remedial measures provided for in this Decree are:

1. Enforced cancellation of statistical reports.

2. Enforced invalidation of survey sheets and statistical survey results.

3. Enforced restoration of survey sheets and statistical reports if possible.

4. Enforced rectification of cited or published statistical information.

5. Enforced rectification of false or confusing statistical information that was published.

6. Enforced rectification of statistical information published on false printed matters.

Article 4. Fines imposed upon individuals and organizations

The fines specified in Chapter II of this Decree are to be imposed upon individuals. The fine imposed upon an organization for the same violation is twice the fine imposed upon an individual.

Chapter II

VIOLATIONS, PENALTIES AND REMEDIAL MEASURES

Article 5. Violations against regulations on statistical surveys

1. A warning shall be imposed for delay in complying with the request of a statistical surveyor according to the statistical survey plan.

2. A fine of from VND 300,000 to VND 1,000,000 shall be imposed for any of the following violations:

a) Late submission of statistical survey sheets in case of indirect survey less than 05 days behind schedule according to the statistical survey plan;

b) Failure to submit adequate statistical survey sheets in case of indirect survey according to the statistical survey plan;

c) Failure to complete the survey sheets according to the statistical survey plan.

3. A fine of from VND 1,000,000 to VND 3,000,000 shall be imposed for submission of statistical survey sheets in case of indirect survey 5 – 9 days behind schedule according to the statistical survey plan.

4. A fine of from VND 3,000,000 to VND 7,000,000 shall be imposed for any of the following violations:

a) Incorrectly entering information provided by surveyed entities in the survey sheets;

b) Entering information on statistical survey sheets without actually carrying out the survey according to the statistical survey plan;

c) Entering false information on the statistical survey sheets in case of indirect survey;

d) Late submission of submit statistical survey sheets in case of indirect survey 10 days or more behind schedule according to the statistical survey plan.

5. A fine of from VND 7,000,000 to VND 10,000,000 shall be imposed for any of the following violations:

a) Refusing or obstructing the statistical survey;

b) Providing false information or forcing other people to provide false information;

c) Failure to send the result of the survey other than a national statistical survey to the competent statistics authority within the concentrated system of statistical organizations after 15 days from the day on which the survey result is published;

d) Failure to provide the electrical statistical survey content and data to the access device at the request of the surveying authority or the surveyors specified in the statistical survey plan.

6. Remedial measure: Enforced invalidation of the survey sheets in case of the violation specified in Point a, b, c Clause 4 and Point b Clause 5 of this Article.

Article 6. Violations against regulations on use of statistical report forms.

1. A fine of from VND 1,000,000 to VND 3,000,000 shall be imposed for failure to adhere to the forms provided by competent authorities.

2. Remedial measure: Enforced invalidation of unconformable statistical reports in case of the violation specified in Clause 1 of this Article.

Article 7. Violations against regulations on time limit for submission of statistical reports and financial statements to statistics authorities

1. A warning shall be imposed for late submission of reports:

a) Less than 05 days behind schedule for monthly statistical reports;

b) Less than 10 days behind schedule for quarterly, biannual and 9-month financial statements and statistical reports;

c) Less than 15 days behind schedule for annual financial statements and statistical reports.

2. A fine of from VND 1,000,000 to VND 3,000,000 shall be imposed for late submission of reports:

a) 5 – 9 days behind schedule for monthly statistical reports;

b) 10 – 14 days behind schedule for quarterly, biannual and 9-month financial statements and statistical reports;

c) 15 – 19 days behind schedule for annual financial statements and statistical reports.

3. A fine of from VND 3,000,000 to VND 5,000,000 shall be imposed for late submission of reports:

a) 10 – 15 days behind schedule for monthly statistical reports;

b) 15 – 19 days behind schedule for quarterly, biannual and 9-month financial statements and statistical reports;

c) 20 – 29 days behind schedule for annual financial statements and statistical reports.

4. A fine of from VND 5,000,000 to VND 10,000,000 shall be imposed for late submission of reports:

a) 20 – 30 days behind schedule for quarterly, biannual and 9-month financial statements and statistical reports;

b) 30 – 45 days behind schedule for annual financial statements and statistical reports.

5. b) A fine of VND 10,000,000 – VND 20,000,000 shall be imposed for failure to submit the annual financial statement or statistical report.

Failure to submit a statistical report or financial statement means a monthly statistical report is not submitted after 15 days, a quarterly, biannual or 9-month financial statement or statistical report after 30 days, an annual statistical report or financial statement after 45 days from the deadline.

Article 8. Violations against regulations on adequacy of statistical reports

1. A fine of VND 1,000,000 – VND 3,000,000 shall be imposed for failure to complete the monthly statistical report.

2. A fine of VND 3,000,000 – VND 5,000,000 shall be imposed for failure to complete the quarterly, biannual or 9-month statistical report.

3. A fine of VND 5,000,000 – VND 10,000,000 shall be imposed for failure to complete the annual statistical report.

Article 9. Violations against regulations on statistics production method

1. A fine of from VND 5,000,000 to VND 7,000,000 shall be imposed for any of the following violations:

a) Preparing a statistical report against regulations on indicator calculation method in statistical reports.

b) Preparing a statistical report against regulations on the scope of collecting statistical data.

2. Remedial measure: Enforced invalidation of unconformable statistical reports in case of the violation specified in Clause 1 of this Article.

Article 10. Violations against regulations on accuracy of statistical reports

1. A fine of from VND 5,000,000 to VND 7,000,000 shall be imposed for preparing a statistical report that contains inadequate sources required by a competent authority.

2. A fine of from VND 15,000,000 to VND 20,000,000 shall be imposed for any of the following violations:

a) Providing false data in the statistical report;

b) Colluding with or forcing another person to provide false data in the statistical report.

3. Remedial measure: Enforced invalidation of the statistical report in Clause 1 of this Article.

Article 11. Violations against regulations on use of administrative database or statistical database

1. A fine of VND 7,000,000 – VND 10,000,000 shall be imposed for use of statistical database of unpublished statistical indicators or statistical information.

2. A fine of from VND 10,000,000 to VND 20,000,000 shall be imposed for use of administrative database for purposes other than statistics production, provision of administrative data for a third party without a written consent of the database manager.

Article 12. Violations against regulations on publishing statistical information

1. A fine of VND 10,000,000 – VND 20,000,000 shall be imposed for publishing unpublished data or information in the statistics database other than state secret.

2. A fine of VND 20,000,000 – VND 30,000,000 shall be imposed for publishing false statistical information.

3. Remedial measure: Enforced rectification of false statistical information that was published mentioned in Clause 2 of this Article.

Article 13. Violations against regulations on using statistical information

1. A warning or a fine of from VND 500,000 to VND 1,000,000 shall be imposed for any of the following violations:

a) Citing a piece of statistical information on a means of mass media or printed matter without naming the source;

b) Naming a false source when citing a piece of statistical information on a means of mass media or printed matter.

2. A fine of VND 3,000,000 – VND 5,000,000 shall be imposed for falsifying statistical information which belongs to a system of statistical indicators of a province, district or commune published by a competent authority for publishing on means of mass media or printed matters.

3. A fine of VND 5,000,000 – VND 10,000,000 shall be imposed for falsifying statistical information which belongs to a system of statistical indicators of a Ministry published by a competent authority for publishing on means of mass media or printed matters.

4. A fine of VND 10,000,000 – VND 20,000,000 shall be imposed for falsifying statistical information which belongs to a national system of statistical indicators published by a competent authority for publishing on means of mass media or printed matters.

5. Remedial measures:

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

b) Enforced rectification of published false statistical information mentioned in Clause 2 through 4 of this Article.

Article 14. Violations against regulations on retention of statistical documents

1. A warning or a fine of VND 500,000 – VND 1,000,000 shall be imposed for damaging a completed statistical survey sheet or statistical report during the retention period but it can be restored.

2. A fine of from VND 5,000,000 to VND 10,000,000 shall be imposed for any of the following violations:

a) Damaging a completed statistical survey sheet or statistical report during the retention period and it cannot be restored;

b) Losing a completed statistical survey sheet or statistical report;

c) Destroying a completed statistical survey sheet or statistical report before expiration of the retention period.

3. Remedial measure: Enforced restoration of the survey sheet or statistical report, if possible.

Article 15. Violations against regulations on confidentiality of statistical information providers

A fine of VND 20,000,000 – VND 30,000,000 shall be imposed for revealing statistical information in the survey sheet, statistical report, administrative data or statistical data associate with the name or address of an organization or individual without their consent.

Chapter III

POWER TO IMPOSE ADMINISTRATIVE PENALTIES

Article 16. The power to impose penalties of Presidents of the People’s Committees

1. Presidents of the People’s Committees of communes are entitled to:

a) Issue warnings;

b) Impose a maximum fine of VND 3,000,000.

2. Presidents of the People’s Committees of districts 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. Presidents of the People’s Committees of provinces 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.

Article 17. The power to impose penalties of inspectors

1. Inspectors of the Ministry of Planning and Investment and other statistics inspectors in the performance of their duty are entitled to issue warnings.

2. Director of Provincial Statistical Offices, chiefs of inspectorates of the Ministry of Planning and Investment, chiefs of inspectorates of General Statistics Office 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.

3. Chief Inspector of the Ministry of Planning and Investment and Director of General Statistics Office 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.

4. Chiefs of inspectorates of Provincial Statistical Offices 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.

Article 18. The power to impose penalties of other inspectors

1. The 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 Board of Directors, 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, inspectors and chief inspectors of Ministries and ministerial agencies, chief inspectors of Provincial Departments are entitled to impose penalties for violations against regulations on statistics.

2. Inspectors of the authorities specified in Clause 1 of this Article are entitled to issue warnings for the violations specified in:

a) Clause 1 of Article 5;

b) Clause 1 of Article 7;

c) Clause 1 of Article 13;

d) Clause 1 of Article 14;

3. Chief Inspectors of Ministries, ministerial agencies and Provincial Departments specified in Clause 1 of this Article are entitled to issue warnings and fines up to VND 30,000,000 and enforce the remedial measures specified in Article 5 through 15 of this Decree.

Article 19. Determination of power to impose penalties

The power to penalties for administrative violations of the persons specified in Article 16 through 18 of this Decree is applied to administrative violations committed by individuals. The fine imposed upon an organization for the same violation is twice the fine imposed upon an individual.

Article 20. The power to issue administrative violation records

Upon discovery of an administrative violation against regulations on statistics, a competent person shall issue an administrative violation record.

Such persons are statistics officials performing an inspector’s tasks and the persons having the power to impose penalties for administrative violations against regulations on statistics in the performance of their duty.

Chapter IV

IMPLEMENTATION

Article 21. Effect

This Decree comes into force from July 01, 2016 and replaces the Government's Decree No. 79/2013/ND-CP.

Article 22. Responsibility for implementation

Ministers, Heads of ministerial agencies, Heads of Governmental agencies, President of the People’s Committees of provinces, relevant organizations and individuals are responsible for the implementation of this Decree./.