Decree 79/2013/nd-Cp: Provisions On Sanctioning Administrative Violations In The Field Of Statistics

Original Language Title: Nghị định 79/2013/NĐ-CP: Quy định về xử phạt vi phạm hành chính trong lĩnh vực thống kê

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$20 per month, or Get a Day Pass for only USD$4.99.
THE GOVERNMENT.
Numbers: 79 /2013/NĐ-CP
THE SOCIALIST REPUBLIC OF VIETNAM.
Independence-Freedom-Happiness
Hanoi, July 19, 2013

DECREE

The regulation of administrative violations in the field of statistics

____________________

Government Law Base December 25, 2001;

The Administrative Administrative Processing Law on June 20, 2012;

The Bureau of Statistics Law dated June 17, 2003;

At the suggestion of the Minister of Planning and Investment;

The government issued a regulatory decree on penalties for administrative violations in the field of statistics,

Chapter I

COMMON RULES

What? 1. The adjustment range

1. This decree rules the behavior of administrative violations; the punishment form, the penalty level, the remediation measure on each of the administrative violations; the trial jurisdiction, the specific amount of money in each title and the margin authority on the differential. It ' s the administrative field in the statistical field.

2. The administrative breach in the field of regulatory statistics at this decree includes:

a) Violation of the regulations on statistical investigation;

b) Violation of statistical reporting regulations;

c) Violation of the regulation of dissemination and use of statistical information;

d) Violation of the regulations on statistical document storage.

What? 2. The subject is sentenced to administrative violations

1. Personally, the organization performs statistical reporting mode, statistical investigation; and more.

2. Individual, common organization and use of statistical information;

3. Personally, the organization is investigated statistics.

4. The case of cadres, civil officials, officials carrying out violations of the service, tasks in the area of the statistical area being delivered is not to be punished for the administrative violation which is processed under the rule of law on cadres, civil officials, officials;

5. The state agency that carried out a violation of state management duties on statistics is delivered, and is not subject to administrative violation, which is processed under the rule of law on administrative management.

What? 3. Post-austerity measures

Other consequable remediation measures at this decree include:

1. To remove the statistical report.

2. To suspend the census, the recall of the vote, the census manifest; the decision to cancel the investigation, the investigation, and the order to cancel the vote, the census, and the investigation of the statistical investigation.

3. To restore the vote, the census, the statistical report is still likely to recover.

4. Forcing the primary source of statistical information cited, disseminable, logon.

What? 4. Regulation of fines on individuals, organizations and organizations

The provisions of the provisions of this decree are the penalty for the individual. The penalty for the organization is 2 times the amount of money for the individual to have the same violation.

Chapter II

ADMINISTRATIVE VIOLATION, THE FORM OF PUNISHMENT AND THE REMEDIATION OF THE CONSEQUENCES.

What? 5. Violation of regulation in state statistical investigation activities.

1. The warning to the conduct of delaying the implementation of the request of the statistical investigator by the regulation of the statistical investigation method;

2. The fines of between 300,000 and 1,000,000 are on one of the following acts:

a) Nblisters, manifold statistically, according to the method of investigating the self-writing investigation into the vote, the investigation follows the guidelines of the investigator (abbreviated as indirect investigation method) less than 5 days compared to the regulatory deadline. Statistically,

b) Nbb not enough votes, manifold statistics according to the indirect investigation method, compared to the regulation of the statistical investigation method;

c) There is not enough information that has been published in the vote, according to the regulatory investigation of the statistical investigation.

3. Money from more than 1,000,000 to 3,000,000 in terms of the behavior of the vote, the census follows a procedure of indirect investigation from 05 days to less than 10 days compared to the prescribed period of the statistical investigation.

4. Money from over 3,000,000 to $7,000,000 for one of the following acts:

a) The initial information deviation from the individual, the organization investigated by the census provided to the census;

b) Self-write the information to the vote, chart the statistics without conducting the actual investigation at the unit being investigated by the statistical investigation of the statistical investigation;

c) The record is not true, but the fact that the information has to be published in the vote, the census manifest according to the indirect investigation method;

d) The blisters, the census manifold according to the indirect investigation method from 10 days or more, compared to the specified deadline of the statistical investigation.

5. Money from over $7,000,000 to $10,000,000 for one of the following acts:

a) Not to implement or impede the implementation of statistical investigation;

b) Declare or compel others to exploit the information in statistical investigation;

c) After 15 days of publication of the investigation, does not send the investigation database to the competent statistical authority under the prescribed concentration of centralized statistical organization system;

d) Do not provide the content online and the number of statistical investigations to the retrieval device at the request of the investigating agency or the person carrying out the statistical investigation due to the regulatory statistical investigation.

6. Apply the remediation measure:

Forcing an investigation into violation of the breach at point a, b, c paragraph 4, and a b-point of paragraph 5 of this.

What? 6. Violate regulations on statistical investigation in addition to the state statistical organization system

1. Money from 10,000,000 to 15,000,000 people on the act of not sending an investigation into the statistical agency of the statistical organization system in accordance with regulations on statistical investigation in addition to the state statistical system, which uses the state's business. charge from the state budget.

2. Fines from over 15,000,000 to 20,000,000 people on a statistical investigation of statistical systems outside the state statistical system conducted investigations to collect information beyond the scope of the function, the sector that works when it has not been agreed upon by the agency. the state administration of that area.

3. Money from over 20,000,000 to 30,000,000 to 30,000,000 for an investigation into the country ' s statistical system without a decision to investigate, the investigation or use of statistical investigation is detrimental to the national interest that has not yet arrived. The degree of responsibility for criminal responsibility.

4. Apply the remediation measure:

a) To cancel the statistical investigation, the recall of the vote, the statistical manifold for violation of violation at paragraph 2 and paragraph 3;

b) Accused the decision to investigate, the investigation, the vote, the census manifold, and the results of the investigation into violation of paragraph 2 and paragraph 3 This.

What? 7. Violation of the prescribed use of statistical reporting form

1. Penitentiation from 1,000,000 to 3,000,000 co-charges of statistical reporting is not true to the sample issued by the authorities.

2. Apply the remediation measure:

The cancellation of the manifest report is not correct in paragraph 1 Article.

What? 8. Violation of the statute of limitations on statistical reporting, financial reporting

1. The warning to the conduct of filing a slow report compared to the prescribed regime of less than 5 days for the monthly census report; less than 10 days for statistical reporting, quarterly financial statements, 6 months, 9 months; less than 15 days for the statistics report, the fiscal year's report.

2. Money from 1,000,000 to 3,000,000 co-filed with a slow report from 5 days to less than 10 days for the monthly census report; from 10 days to less than 15 days for statistical reporting, quarterly financial statements, 6 months, 9 in the month; from 15 days to less than 20 days for the statistical report, the financial report of the year.

3. fines from over 3,000,000 to $5,000,000 for the conduct of filing a slow report from 10 days to 15 days for the monthly statistical report; from 15 days to less than 20 days for statistical reporting, quarterly financial statements, 6 months, 9 days and more. Months; from 20 days to less than 30 days for statistical reporting, year-old financial statements.

4. Money from over 5,000,000 to 10,000,000 co-reported behavior slows down from 20 days to 30 days for statistical reporting, quarterly financial statements, 6 months, 9 months; from 30 days to 45 days for statistical reporting, report, and report. You know, financial year.

5. Money from over 10,000,000 to 20,000,000 people to conduct unreported statistics, financial statements.

Unreported behavior, financial reporting is after 15 days compared to the regulatory regime for the monthly statistical report, after 30 days for statistical reporting, quarterly financial statements, six months, after 45 days for statistical reporting, year-old financial statements. not to send a statistical report, a financial report to a competent statistical agency.

What? 9. Violate regulations on the full requirements of the statistical report

1. A currency of between 1,000,000 and 3,000,000 on the conduct of the report is not full of the number of numbers or statistics of the monthly statistical report regime.

2. Money from over 3,000,000 to 5 million coins for the report of the report does not complete the number of numbers or statistics of the quarterly statistical report regime, 6 months, 9 months.

3. Money from over 5,000,000 to 10,000,000 coins for reporting behavior is not full of number of numbers or statistics of the statistical report of the year.

What? 10. Violation of statistical methods

1. Penituate from 5,000,000 to $7,000,000 for one of the following acts:

a) The correct statistical report is not correct in terms of the calculation method in the statistical report;

b) The correct statistical report is not correct in terms of the scope of the statistical data collection.

2. Apply the remediation measure:

The cancellation of the original report was not specified at the point a, b 1 Article.

What? 11. Violation of the regulation of the correct requirements of the statistical report

1. Money from 5,000,000 to $7,000,000 for statistical reporting is not full of data according to regulation.

2. Penituation from 15,000,000 to 20,000,000 partners for one of the following acts:

a) The statistical report of the statistical report, the testimony of the data in the statistical report;

b) The agreement or coercuse of others forged a statistical report, enumeration of data in statistical report;

3. Apply the remediation measure: Forcing a statistical report against violation of paragraph 1, paragraph 2 This.

What? 12. Violation of statistical database mining

1. The warning to the conduct of delaying the provision of the initial statistical database to the statistical agency has a prescribed jurisdiction.

2. Penitentiation from 3,000,000 to 5,000,000 in violation of a non-sufficient violation of the original statistical database for the regulatory authority under the prescribed jurisdiction.

3. Money from over 5 million to 10,000,000 people on the behavior does not provide technical conditions to exploit the statistical database.

4. Money from over 10,000,000 to 15,000,000 dollars for one of the following acts:

a) Not to provide the initial statistical database for the regulatory authority with the prescribed jurisdiction;

b) Stop exploiting the statistical database.

What? 13. Violation of statistical information dissemination

1. Penituation from 10,000,000 to 20,000,000 in common behavior, the statistical document has not been allowed to publish but is not part of the state secret catalog.

2. Money from over 20,000,000 to 30,000,000 people on the prevailing behavior of statistical information is false.

3. Apply the remediation measure:

Forcing the primary or misleading statistical information is common to the behavior of regulation at paragraph 2.

What? 14. Violation of the use of statistical information

1. The warning to behavior does not specify the source of statistical information when disseminable, post on popular media or publications.

2. Money from the 5,000,000 to 10,000,000 coins for non-true citation of the source of statistical information when disseminable, post on popular media or publications.

3. Money from over 10,000,000 to 20,000,000 co-conduct misbehavior of statistical information has been published by the authorities to dissemate, post on popular media or publications.

4. Apply the remediation measure:

a) Accusing the primary source of the statistical information cited, disseminable, logon for infringed behavior at 1, 2 Articles.

b) Attend to the common statistical information that is disseminable, to post false statements to infringed behavior at paragraph 3 This.

What? 15. Violation of the regulation of preservation, statistical document storage

1. The warning to the behavior to damage the vote, the inquiry, the statistical report contains statistical information during the prescribed retention deadline, but the ability to restore.

2. Penituate from 5,000,000 to 10,000,000 in one of the following acts:

a) To damage the vote, the census, the statistical report contains statistical information during the prescribed storage deadline, but no longer the capacity to restore;

b) In order to fail the vote, the manifest, the statistical report contains statistical information;

c) Cancel the vote, the manifest, the statistical report contains statistical information when not over the prescribed retention deadline.

3. Apply the remediation measure:

Forced to restore the vote, the census, the statistical report is also likely to be restored to the violation of this one Article.

What? 16. Violation of the regulation of information security of each individual, the organization provides statistical information.

Fines from 20,000,000 to 30,000,000 to the behavior of statistical disclosure of statistical information attached to the name, specific address of each individual, held when they have not yet been agreed upon by the individual, the organization.

Chapter III

THE AUTHORITY TO PUNISH THE ADMINISTRATIVE BREACH

What? 17. People 's Court of the People' s Committee

1. The chairman of the District People ' s Committee has the right to:

a)

b)

c) A funeral confiscation, the means of administrative violation, is worth not exceeding the amount of fines specified at the point of one Article;

d) Apply the effective remediation measures at this decree.

2. The chairman of the Provincial People ' s Commission has the right:

a)

b)

c) A funeral confiscation, the means of administrative violation, is worth not exceeding the amount of fines prescribed at the point b 2 This;

d) Apply the effective remediation measures at this decree.

What? 18. The trial authority of the Ombudman and the civil service is committed to the task of inspector general of statistics

1. Secretary of the Department of Planning and Investment, the public is assigned to the task of investigating the enforcement of the statistics that are currently in charge of the right:

a)

b)

c) A funeral confiscation, the means of administrative violation, is worth not exceeding the amount of fines specified at the point of one Article;

2. Governor of the Bureau of Provincial Statistics, Central City of Central City; Head of the Inspector General of the Department of Planning and Investment; Chief Inspector General of the General Statistics Department has the right:

a)

b)

c) A funeral confiscation, the means of administrative violation, is worth not exceeding the amount of fines prescribed at the point b 2 This;

d) Apply the effective remediation measures at this decree.

3. Chief Inspector of the Department of Planning and Investment, General Secretary General of Statistics has the right:

a)

b)

c) The confiscation of the burial, the means of administrative violation, is worth not exceeding the amount of fines prescribed at the point b 3 This Article;

d) Apply the effective remediation measures at this decree.

4. Head of the Provincial Bureau of Statistics, the Central City of China has the right:

a)

b)

c) The confiscation of the burial, the means of administrative violation, is worth not exceeding the amount of fines prescribed at the point b paragraph 4;

d) Apply the effective remediation measures at this decree.

What? 19. The trial authority of the Inspector of the Other

Within the jurisdiction of the state governing state regulated by the Government, the Ombudman and Chief Inspector of other specialized inspection agencies have jurisdiction over the conduct of administrative violations in the field of statistics under the provisions of the Law Processing Law. Number of things. 15 /2012/QH13 And this decree.

What? 20. Define the trial authority

The authority to punish the administrative violation of the prescribed titles from Article 17 to Article 19 of this decree is the authority applicable to an individual's administrative breach. The case of the fine, the jurisdiction over the organization by two times the jurisdiction of the individual.

What? 21. The authority to compile administrative violations in the field of statistics

Upon the discovery of the administrative breach in the statistical field, the competent person must promptly compile the administrative breach.

The person with the authority to compile the administrative breach in the field of statistics is that the statistics industry is carrying out the task of inspecing, examining, monitoring of statistical activity and who has jurisdiction over administrative violations in the field of statistics. We're on the job.

Chapter IV

EXECUTION CLAUSE

What? 22.

This decree has the enforcement effect since September 5, 2013 and replaces the United States Protocol. 14 /2005/NĐ-CP February 4, 2005 of the Government on Administrative Infringement of the Administrative Region in the field of statistics.

What? 23.

The Ministers, the Prime Minister, the Head of the Government, the Chairman of the Government, the Chairman of the Provincial People's Committee, the Central Committee of the Central Committee and the organization, the individual is responsible for the implementation of this decree.

TM. THE GOVERNMENT.

Prime Minister

(signed)

Dao Dung