Circular No. 78/2012/tt-Btc: The Guide Of Some Articles Of Decree No. 84/2010/nd-Cp Dated 20/9/2012 Of The Government Regulation On Sanctioning Administrative Violations In The Field Of Price

Original Language Title: Thông tư 78/2012/TT-BTC: Hướng dẫn một số điều của Nghị định số 84/2011/NĐ-CP ngày 20/9/2011 của Chính phủ quy định về xử phạt vi phạm hành chính trong lĩnh vực giá

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FINANCE MINISTRY
Number: 78 /2012/TT-BTC
THE SOCIALIST REPUBLIC OF VIETNAM.
Independence-Freedom-Happiness
Hanoi, May 18, 2012

IT ' S SMART

Guide some of the provisions of the Protocol 84 /2011/NĐ-CP September 20, 2011

The government provides for administrative violation in the field of price.

__________________________

French Base Command 40 /2002/PL-UBTVQH10 approved by the Standing Committee of the National Assembly on 26 April 2002;

The French Base for Administrative Infringement. 44 /2002/PL-UBTVQH10 It was adopted by Congress X on 2 July 2002.

The French base modified, supplematuation of some of the provisions of the Ordinal Administrative Processing 04 /2008/PL-UBTVQH12 approved by the Standing Committee of Congress XII through April 2, 2008;

Base of Protocol 170 /2003/NĐ-CP December 25, 2003 The government rules out certain provisions of the Ordinal Ordination;

Base of Protocol 101 /2005/NĐ-CP August 3, 2005 of the Government of the Appraisal;

Base of Protocol 75 /2008/NĐ-CP June 9, 2008 by the Government on the amendment, adds some of the provisions of the Protocol 170 /2003/NĐ-CP December 25, 2003 The government rules out certain provisions of the Ordinal Ordination;

Base of Protocol 118 /2008/NĐ-CP November 27, 2008 of the Government Regulation, mandate, authority, and organizational structure of the Ministry of Finance;

Base of Protocol 128 /2008/NĐ-CP December 16, 2008 by the Government of the Government of the Government of the Government of the United States detailed the implementation of a number of provisions of the Executive Order of the Administrative Disposal Ordinance in 2002 and the Ordination of the Ordination, which added some of the provisions of the Executive Order of the Administrative breach in 2008;

Base of Protocol 84 /2011/NĐ-CP on 20 September 2011 by the Government on the sanctions of the administrative breach in the field of price;

At the request of the Bureau of Price Management, the Minister of Finance issued the Information Guide to some of the provisions of the Protocol 84 /2011/NĐ-CP October 20, 2011 by the Government of the Government of the Government of the United States of the Government of the United States, on 20 September 2011,

Item 1

GENERAL REGULATION

What? 1. The adjustment range

This information guides some of the provisions of the Digital Protocol 84 /2011/NĐ-CP The Government on 20 September 2011 of the Government on the Administrative Breach in the price field (the following call for Digital Protocol) 84 /2011/ND-CP), The specific guide of some administrative violations in the price area (including the price violation of price and price appraisal), the penalty level, the trial authority, the submission process, and the use of a fine administrative penalty in the field of price.

What? 2. Subject applies

1. The state governing body has jurisdiction, who is governed by the state governing body with the authority to hand over the administrative violation of the administrative breach in the price field.

2. Organization, individuals who conduct violations of the laws of law in the price of the price that are not yet to the level of being prosecuted for criminal responsibility.

What? 3. The cases do not sanctiate administrative violations in the price field

1. The state authority to enact a rule of law stipulated in the field of non-jurisdiction, the text of the wrong non-jurisdiction is processed under the rule of law on the promulgable basis of the law; the signor is not correct. dealt with the provisions of the law of cadres, civil officials.

2. The expiration of the administrative violation by regulation at Article 5 of the digital decree 84 /2011/NĐ-CP.

3. The administrative breach in the price field has a criminal sign, the case is transferred to the competent authority to conduct criminal proceedings, addressing the provisions of the criminal law.

4. The cases do not dispose of administrative violations under the rule of law on the disposal of administrative violations.

What? 4. Apply the principles of violation of administrative violation

The application of the principles of administrative violation in the price field is implemented under the principle of the Administrative violation of the Administrative Infringement Clause at Article 3 of the Census 84 /2011/NĐ-CP and instructed at this as follows:

1. Personally, the organization that performs administrative violations in the price field is subject to the regulations at the UN Digital Protocol. 84 /2011/NĐ-CP . For the case of conduct of administrative violations in the price field is not regulated at the Digital Protocol. 84 /2011/NĐ-CP It applies to the government's other Decree for sanctions in the field of state management that is relevant for processing.

2. When the decision to be sentenced to individuals, the organization of the breach, the person with the right to sentence the right to the property, the level of violation, the severity of the situation, the mitigation is specified at Article 4 of the number. 84 /2011/NĐ-CP.

3. A violation of the same individual, the organization that performs at the same time for many types of goods, the service is only handling once. The organization, the individual who has many administrative violations in the price of the price are being punished for each violation. Many organizations, individuals, and other organizations undertake a breach in the price of an individual, each of which is subject to punishment.

4. The case of a breach in the price field is the consequence of another violation of the price, which is only punishment for violation of the most severe penalty.

What? 5. Apply the rule of law on administrative violation of law.

The principle of punishment, the treatment of the imaged person; how to calculate the deadline, the title of administrative violation in the price field; the establishment of the administrative breach, the decision to punish the administrative breach; the penalty penalty, the collection. filing a fine; the procedure of confiscation and disposal of the funeral, the means of administrative violation; the approval of the decision to punish the administrative breach; the adjournation of the decision to punish the money, the enforcement of the execution of the decision to punish the administrative breach and the decision to execute. The administrative violation in the price field is carried out in accordance with the rule of law on the disposal of administrative violations and the Digital Protocol. 37 /2005/NĐ-CP On 18 March 2005, the government decided to apply the enforcement of the law to enforce the execution of the administrative violation.

The administrative breach of the administrative breach, the audit editor, the decision to punish the administrative breach of the price, the decision to hold the funeral, the means of the administrative breach, the receipt of the burial, the administrative violation, the decision to enforce the execution. The decision to punish the administrative breach of the execution price on Form 01, Model 02, Model 03, Model 04, Model 05, and Form 06 included this.

Item 2

SPECIFIC REGULATION

What? 6. Behavior violations regulation of price stability

1. The unreported or uncorrect conduct of the report at the request of the state governing body has jurisdiction at Clap 1, Article 9 of the Digital Protocol 84 /2011/NĐ-CP is non-reported behavior, untimely reporting; or incomplete, unaccurate report on the results of business production, price factors, valuing prices, sales prices, valuing services, price-to-price, price registration, price registration, and price. category of property, goods, services defined by the State in accordance with the existing rules of the law or by the written requirements of the competent state governing body.

2. Regulation price normalization measures at paragraph 2 Article 9 Digital Protocol 84 /2011/NĐ-CP to be specified at:

a) Clause 3 Articles 1 decree 75 /2008/NĐ-CP June 9, 2008 by the Government on the amendment, adds some of the provisions of the Protocol 170 /2003/NĐ-CP December 25, 2003 The government rules out certain provisions of the Ordinal Ordination.

b) Clause 3 Articles 2 122 /2010/TT-BTC August 12, 2010 by the Ministry of Finance amended, Supplements Digital 104 /2008/TT-BTC November 13, 2008, of the Ministry of Finance Guide to Protocol Digital Protocol 170 /2003/NĐ-CP December 25, 2003 The government rules out the implementation of some of the provisions of the French Price and Decree. 75 /2008/NĐ-CP 09/6/2008 of the Government on the amendment, adding some of the provisions of the Digital Protocol 170 /2003/NĐ-CP December 25, 2003 The government rules out certain provisions of the Ordinal Ordination.

3. Behavior violations regulations on the citation and use of the Regulatory stability Fund at paragraph 3 Article 9 digital decree 84 /2011/NĐ-CP is the non-cited behavior in the case of regulatory legislation that must extract the Stability Peace Fund, the conduct of an incomplete price normalization fund; violations of the management of the Stability Fund and the behavior of using the undefined price normalization fund of the law. Show up.

What? 7. Apply the consequences of remediation to the behavior of not accepting the right price due to the competent authority.

1. The amount of the price difference that the organizations, the individual has due to not willing to accept the right price the authorities have prescribed must submit to the state budget at a point a, paragraph 5 Article 12 of the Digital Protocol 84 /2011/NĐ-CP to be calculated:

-The amount of price disparities in which organizations, individuals have made the sale higher than the specific price, the maximum price of the price bracket, the benchmark price, the limited price due to the competent authority (x) with the number of goods, the service has sold out or:

-The amount of price disparities by which organizations, individuals have made purchases less than the minimum price, the minimum price of the price bracket led by the competent authority (x) with the number of goods, the service bought in.

2. The amount is lost by organizations, individuals selling goods, services higher than the regulation price at point b, paragraph 5 Article 12 of the Digital Protocol. 84 /2011/NĐ-CP is calculated by volume between the difference in the price of a particular price or the maximum price of the standard frame, the limited price determined by the competent authority (x) with the number of goods, the service was sold higher than the corresponding price above due to the opportunity. The judge decides.

3. The case applied the remediation measure outlined at point b, paragraph 5 Article 12 of the Digital Protocol. 84 /2011/NĐ-CP would not apply the consequences of remediation at the point a, paragraph 5 Article 12 of the Fifth Protocol. 84 /2011/NĐ-CP.

4. The relevant expenses cater to the refund of the amount due to the organization, the individual violated at the point of paragraph 5 Article 12 of the Digital Protocol. 84 /2011/NĐ-CP are the valid, valid, legal expenses of the law.

What? 8. Behavior violations regulations on the calculation of commodity prices, services and services.

The behavior of a commodity price calculation, the service of the Valuation State, is not correct in terms of the guidelines on the Regulation Regulation provided by the competent authorities at Clause 1 Article 13 No. 84 /2011/NĐ-CP include: behavior does not apply to the price base, which determines the price level is not correct because it does not perform the right instructions in the Price Regulation.

What? 9. Behavior violations in the operation of a particular business under the regulations of the Government of the United States

1. The special business activity is conditional on the provisions of the Government specified at Article 14 of the Digital Protocol. 84 /2011/NĐ-CP is business activities that the Government has a regulation on business conditions.

2. Apply the additional form of punishment:

a) The organization, the individual has a regulatory violation in Clause 1 or paragraph 2 Article 14 of the Digital Protocol 84 /2011/NĐ-CP from the two or more and three more times to increase, except for the severe increase in regulation at point b, paragraph 2, Article 4 of the number 84 /2011/ND-CP, In addition to being fined by statute, the count has a deadline of 12 (twelve) months of rights to use a certificate of business eligification, supply of goods, services; the business licenses of the organization, individual manufacturing, business, supply, and business. Goods, services, by law.

b) The organization, the individual has both violations of regulation at paragraph 1 and paragraph 2 Article 14 of the Digital Protocol. 84 /2011/NĐ-CP And there are two things that are going to go up and out of the way, besides being penalized and not limited to the right to the right to the right to use a certificate of business, to provide goods, services, and business licenses of the organization, individual manufacturing, business, and business. supply of goods, services by law.

What? 10. Behavior violations of price registration, commodity prices, services, and services.

1. The behavior does not publicly pay the price due to the organization, the business individual who registers the price, prescribes the regulation at paragraph 1 Article 15 digital decree 84 /2011/NĐ-CP is the behavior that does not conduct any public form for the price of the registered price, the price manifest after the registration price level, the manifest is in effect. Public forms include: press conferences, posting on popular media, listing prices according to regulation or other forms of public according to the rule of law in the price field.

2. The behavior of building the symbols, the price to prescribe the regulation price at paragraph 2 Article 15 Digital Protocol 84 /2011/NĐ-CP It is not true to the guidelines for the Regulation Regulation due to the regulatory authority that includes the following behaviors:

a) Not fully enumerate the types of commodity prices, services such as import prices, wholesale prices, retail prices, retail prices recommended by law in the price sector.

b) Do not specify the rules, quality, and origin of the product.

c) Give false information about the cause of an increase in price increases or a decrease in the value of each item.

3. The behavior of building price levels to register the price is not correct with the guidelines on the Regulation Regulation at paragraph 3 Article 15 Digital Protocol. 84 /2011/NĐ-CP including the following behaviors:

a) Not in accordance with the right regulation of principle, property valuation methods, goods, services at Digital Information and Information. 154 /2010/TT-BTC On October 1, 2010, the Ministry of Finance issued a Regulation of Property Price, goods, services; the use of a price base; price adjustments, allocation of costs not following instructions at the Valuation Statute.

b) Use misinformation, incorrect, without examination of the accuracy of the input information used.

4. The conduct of non-prescribation by law on the price of goods, services with the state governing body of authority under regulation at Clause 4 Article 15 Digital Protocol 84 /2011/NĐ-CP is the behavior that does not submit a price manifest to the state agency for the first time price or remanifest the price before the adjustment is up, or a discount compared to the price of the prior preterm, or when a written request is reissued by the agency. State management has jurisdiction.

5. Behavior that does not register as defined by law on the price of goods, services with the state governing body have jurisdiction under regulation at paragraph 5 Article 15 digital decree. 84 /2011/NĐ-CP is the behavior that does not submit a price register sign with the state agency to register for the first time or register the price before the adjustment is up, or a discount compared to the price of the previous subscription, or when a written request is registered to the agency ' s price. State management has jurisdiction.

6. Apply the additional form of punishment:

Organizations, individuals have administrative violations at Article 15 of the number of countries. 84 /2011/ND-CP, In addition to being treated with the prescribed money imposed on the following additional forms of punishment:

a) The decision to suspend the implementation of the sale of the sale price, the service due to the organization, the individual stipulated upon the registration of the price, prescribation of an unreasonable price with instructions on the Regulation Regulation due to the competent authority.

b) The title of use has a deadline of 12 (twelve) months of receiving sufficient business conditions, the types of business licenses issued in the case:

-Three times violations of the violation of regulations at Clause 2 or Clause 3 Article 15 Digital Protocol 84 /2011/NĐ-CP And there ' s two more conditions, and there ' s an increase in the size of the scale at point b, paragraph 2, Article 4 of the number. 84 /2011/NĐ-CP.

-Three times violations of the violation of regulations at paragraph 4 or Clause 5 Article 15 Digital Protocol 84 /2011/NĐ-CP And there ' s more details, and there ' s a severe increase in the state of the b, paragraph 2, Article 4 of the number. 84 /2011/NĐ-CP.

c) The title of use without the time of a license to receive sufficient business conditions, the types of business licenses issued in the case:

-Four breaches of violation of regulation in paragraph 2 or Clause 3 Article 15 of the number. 84 /2011/NĐ-CP And there ' s two more conditions, and there ' s an increase in the size of the scale at point b, paragraph 2, Article 4 of the number. 84 /2011/NĐ-CP.

-Sink the breach returns to the violation of regulations at Clause 4 or Clause 5 Article 15 Digital Protocol 84 /2011/NĐ-CP And there ' s two more conditions, and there ' s an increase in the size of the scale at point b, paragraph 2, Article 4 of the number. 84 /2011/NĐ-CP.

What? 11. Behavior violations of commodity price listing, service and services

1. infringed behavior on the listing of goods prices, the service applied to the subjects must list the price. Subject to price listing is organizations, individuals with manufacturing operations, business on the territory of Vietnam must carry out the listing of wholesale prices, retail prices, the retail price recommended in accordance with the standard, quality, and quantity of each type. merchandise, services at the following locations:

a) The manufacturing facility, business (has a trading counter and product sale).

b) Supermarket, commercial center, market by regulation of law, store, store, kiosks, stalls perform sales of goods, service supply.

c) The exhibition fair has a sale.

2. Form price listing:

a) The price of the price is Vietnam.

b) Organization, individual selling goods, services that perform a wholesale price listing have included the taxes, fees and fees (if any) of each type of goods, services by publicly announcing the price of goods, specific services on the board (including:) the electronic tables), on paper with the form of the order, to, hang, paste at where the transaction is convenient for the customer ' s observation and recognition, via email or set on the internet.

c) Organization, individual retail goods, services that perform price listing have included taxes, fees and fees (if available) by publicly announcing at a table trading site (including electronic tables), on the card, on the shelf, on the packaging of the product, or on the product for each particular commodity or on the internet network, convenient for the customer ' s observation and recognition.

d) Organization, individuals who provide content services on mobile information networks, internet networks performing a service price listing with the following forms:

-Television: To provide a price for the duration of the ad, the information on the price of the ID must stand still, not float, run. Size, height of the price is equal to at least 1/5 of the screen height (or a minimum of 1/2 height of the command syntax).

-The paper says: When a message is done, a message comes to the end of the number of people offering information about the price of the user to pay, for example, after the ad uploads to some of the numbers, then it is information about the price, after the ad takes it. the resulting raffle from one end must have information on the price.

-Electronic paper: You have to provide a price at any location with an advertisement about the message syntax.

-Report: Must provide information on the value of each service, each of which is at the top of the height with a height size, a minimum width of 1.5 mm.

-When a person uses a salt to load a service product through the software that has been installed on a mobile phone, the software must provide a specific price specific that the user will have to pay if the information load functions, the service from scratch.

-The service price is informed by the presenter on the service.

3. Sanctions on violations of the price of goods prices, the service is implemented as stipulated at Article 16 of the Digital Protocol. 84 /2011/NĐ-CP.

4. The specific level of execution is as follows:

a) A warning to the organization, the individual whose first violation if the breach does not list the price or listing the correct price, is not explicitly misleading to the customer. In it, the first violation was the first to detect violations of the breach and have a breach of the breach or conclusion of the inspection, examination.

b) A 1,250,000-dollar bill for the organization, the individual with a violation of a violation or violation of a two-fold or a non-listed price listing or listing is not correct for the goods, the service must be listed.

The case has a mitigation condition or increased weight, the treatment level is as follows:

-If there's a slight drop in return, the fine is $500,000;

-If there is a severe increase in the situation, except for the severe increase in regulation at point b, paragraph 2, Article 4 of the number 84 /2011/ND-CP, $2,000,000.

c) A 3,500,000-dollar bill for the organization, the individual who has a sales behavior, collects services higher than the listing price.

The case has a mitigation condition or increased weight, the treatment level is as follows:

-If there's a slight drop in return, the fine is $2,000,000;

-If there's a situation that goes up, the fine is $5,000,000.

d) A 7.500,000 dollar bill for the organization, the individual whose behavior violates the listing price, which sells higher than the listing price on goods, services in the category of price stability, goods, services of a portfolio of business or business restrictions, or goods, services at the state agency site whose authority stipulated to list the price.

The case has a mitigation condition or increased weight, the treatment level is as follows:

-If there's a slight drop in return, the fine is $5,000,000;

-If there's a big increase in the situation, the fine is $10,000,000.

What? 12. The behavior is excessive

1. The behavior of an increased price on a registered price or an account with the state governing body has jurisdiction, but the state agency has a written authority that requires the registration of registration or prescribation rates or has a request for a suspension of the new and new price. Do the registration again, recharge the specified price at the point b 1 Article 17 Decree number 84 /2011/ND-CP, including:

a) Continue to make a registered price hike or valuing the price with the competent state governing body in the event of a time expiration of the registered price or prescribation, but there is still no program work under a written solution request. The state agency has jurisdiction.

The schedule deadline is specified at the Treasury's decision on the issuing of the price registration process, the price manifest. The schedule deadline is calculated as the post office of the program text or by the date of the recording of the work required by the state governing body to have jurisdiction in the absence of the post office.

b) Continue to make an increase in the price of registration or prescribation with the state governing body with jurisdiction, although the state agency has the authority to have requested a suspension of the new price or registration request again, resigning the price.

2. The total value of goods, overpriced sales as a base that applies the penalty level calculated by the rate of the actual sale price of the unit whose price increases the price of the price registered, the price manifest but not yet approved by the authorities. enter the application of the kernel (x) with the total number of goods, the service that has sold the value to the time of the breach of this violation.

3. The specific level of execution is as follows:

a) The 750,000-dollar clause of the property increases in paragraph 1, Article 17 of the number 84 /2011/NĐ-CP.

The case has a mild or heavy reduction in condition, the treatment level is as follows:

-If there's a slight drop in return, the fine is: $500,000;

-If there's a heavy increase in return, the fine is: 1,000,000.

b) A total of 2,000,000 coins for the prescribed rate of increase in paragraph 2, Article 17 of the number 84 /2011/NĐ-CP.

The case has a mitigation condition or increased weight, the treatment level is as follows:

-If there's a slight drop in return, the fine is: 1,000,000.

-If there's an increased threat, the penalty is: 3,000,000.

c) The sum of 4,000,000 coins for the prescribed rate of increase in paragraph 3, Article 17 Digital Protocol 84 /2011/NĐ-CP.

The case has a mitigation condition or increased weight, the treatment level is as follows:

If there is a slight increase in return, the penalty is: 3,000,000.

-If there's an increased threat, the penalty is: 5,000,000.

d) A capital of 6,000,000 in terms of a regulatory increase in paragraph 4, Article 17 of the number 84 /2011/NĐ-CP.

The case has a mitigation condition or increased weight, the treatment level is as follows:

-If there's a slight drop back, the penalty is: 5,000,000.

-If there's a situation that goes up, the penalty is: 7,000,000.

) Phrifee of 8,500,000 coins for the planned increase in paragraph 5, Article 17 Digital Protocol 84 /2011/NĐ-CP.

The case has a mitigation condition or increased weight, the treatment level is as follows:

-If there is a damp, the penalty is: 7,000,000.

-If there's an increased threat, the fine is: 10,000,000.

e) Free to 12,500,000 in terms of the regulatory increase in paragraph 6, Article 17 Digital Protocol 84 /2011/NĐ-CP.

The case has a mitigation condition or increased weight, the treatment level is as follows:

If there is a slight increase in return, the fine is: 10,000,000;

-If there's an increased threat, the penalty is: 15,000,000.

g) fines of 17,500,000 co-charges specified in Clause 7, Article 17 Digital Protocol 84 /2011/NĐ-CP.

The case has a mitigation condition or increased weight, the treatment level is as follows:

-If there's a slight drop back, the penalty is: 15,000,000.

-If there's an increased threat, the penalty is: 20,000,000.

4. Apply the additional form of punishment:

The organization, the individual has a prescribed violation at Article 17 of the number. 84 /2011/NĐ-CP besides the prescribed fines are also imposed on the following forms of additional penalties:

a) The title of use of 12 (twelve) months of receiving enough business conditions, the types of business licenses issued to the organization, individuals who have infringed violations of excessive rates of three or resin, while adding more conditions, except for the situation. increased weight stipulated at point b, paragraph 2, Article 4 of the number 84 /2011/NĐ-CP.

b) The title of use has no deadline for receiving enough business conditions, the types of business licenses issued to the individual organization have infringed violations of excessive price increases from four or more and more conditions have increased, except for increased circumstances. weighing regulations at point b, paragraph 2, Article 4 of the number 84 /2011/NĐ-CP.

5. Measure corrects:

The organization, the individual has a prescribed violation at Article 17 of the number. 84 /2011/NĐ-CP In addition to the prescribed fines imposed on remediation measures, the confiscation of the state budget of the state budget is due to the administrative breach. The payment of the fines is made in accordance with the regulation at this Article 19.

The amount of income is due to the administrative violation of the prescribed violation behavior at Article 17 No. 84 /2011/NĐ-CP is the difference between the total value of goods, overpriced sales and the total value of goods, the valuing service that has registered, prescribes and has been approved by the state authority to apply to the previous application.

What? 13. Behavior coverage of the market, commodity prices, services and services.

1. The conduct of bringing losses on the market, the price of goods, the service is prescribed by regulation at Article 18 of the number 84 /2011/NĐ-CP . The specific penalty level is prescribed as follows:

a) A warning to the organization, the individual who first violated the fabricated behavior, spread the news, the untrue coverage of the market situation, the price of goods, the panic-induced service in the society to patch the market and have two mitigable conditions.

b) The 750,000-dollar coin for individuals with fabricated behavior, spread information, untrue coverage of the market situation, commodity prices, social panic services and market instability.

The case has a mitigation condition or increased weight, the treatment level is as follows:

-If there's a slight drop in return, the fine is: $500,000;

-If there's a heavy increase in return, the fine is: 1,000,000.

c) A billion-million dollar bill for business households with fabricated behavior, spread information, untrue coverage of the market situation, commodity prices, social panic services and market instability.

The case has a mitigation condition or increased weight, the treatment level is as follows:

-If there's a slight drop in return, the fine is: 1,000,000.

-If there's an increased threat, the penalty is: 5,000,000.

d) A 7.500,000 dollar bill for businesses has fabricated behavior, spread the news, untrue coverage of the market situation, commodity prices, social panic services and market instability.

The case has a mitigation condition or increased weight, the treatment level is as follows:

-If there's a slight drop back, the penalty is: 5,000,000.

-If there's an increased threat, the fine is: 10,000,000.

So the sum of 15,000,000 people to the public information agency, the relevant organizations that have fabricated behavior, spread the news, the untrue coverage of the market situation, the price of goods, the services on the media, the printing press, the newspapers, the newspapers. The paper, electronic newspapers, or other information publications cause panic in the society and the market instability.

The case has a mitigation condition or increased weight, the treatment level is as follows:

If there is a slight increase in return, the fine is: 10,000,000;

-If there's an increased threat, the penalty is: 20,000,000.

2. Apply the additional penalty form.

The organization, the individual has a prescribed violation in paragraph 2, Clause 3 Article 18 of the number. 84 /2011/NĐ-CP besides the prescribed fines are also imposed on the following forms of additional penalties:

a) The title of use of 12 (twelve) months of receiving enough business conditions, the types of business licenses issued to the unit have a three-fold violation behavior and have from two severe increases in return except for severe increases in regulation at the point. b, paragraph 2, Article 4 Decree number 84 /2011/NĐ-CP.

b) The title is not limited to the use of a qualified certificate of business, the types of business licenses issued to the unit with breach of the breach from the basin or up, and there are from two severe increases in the state of increased circumstances. Point b, paragraph 2, Article 4 Decree number 84 /2011/NĐ-CP.

3. Apply the remediation measure.

The organization, the individual has a prescribed violation of regulations at Article 8 of the number. 84 /2011/NĐ-CP besides the prescribed fines of the following are imposed on the following remediation measures:

a) To reform the information of the breach at paragraph 2, paragraph 3, paragraph 4 Article 18 of the number of Protocol 84 /2011/NĐ-CP through the public information medium and the electronic information page of the Ministry of Finance or the Department of Finance where the administrative breach is available;

b) The destruction or confiscation of the destruction of publications has the wrong information content to the specified violation at paragraph 4 Article 18 of the Digital Protocol. 84 /2011/NĐ-CP The entire cost of destroying these publications is by the unit, the individual whose violations are responsible.

What? 14. Administrative violation of price appraisal to the value appraisal business.

1. The behavior does not provide a price appraisal and does not provide a report results report at the request of the state agency with a regulatory jurisdiction at paragraph 6 Article 19 Digital Protocol. 84 /2011/NĐ-CP is the behavior that does not provide a price appraisal certificate, does not provide reporting results of the price appraisal that the state governing body has a required jurisdiction within five days from the expiration date of the request to provide a price appraisal and report results. valuation.

Regulation at paragraph 6 Article 19 Protocol 84 /2011/NĐ-CP is applied when the state agency has a written authority that requires the business to judge the price of the price appraisal, provide the report results appraisal that the business appraisal has made and these documents are still in the period. Mandatory filing, document-based appraisal documents. The required documentation is used for purposes such as: reappraisal of the price appraisal of the price appraisal business; collection of documents that serve for inspection, inspection; collection of evidence to judge disputes; collect documents. It serves as a service to the construction and completion of the law of law; other purposes according to the rule of law.

2. The state governing body has the authority to make the final price appraisal result stipulated at paragraph 7 Article 19 Digital Protocol 84 /2011/NĐ-CP is the Treasury Department. This result is given when conducting a dispute resolution, a complaint complaint or inspector, regular or unusual examination for the price appraisal operation.

3. The conduct of behavior does not extract a career risk reserve fund at paragraph 9 Article 19 Digital Protocol 84 /2011/NĐ-CP is applied when the business does not buy a career liability insurance and does not extract a career risk-risk fund under the law of the price appraisal.

4. Apply the additional penalty form.

Business appraisal has infringed violations of regulations at Article 19 of the number. 84 /2011/NĐ-CP besides being fined the money is also being applied to the following forms of additional punishment:

a) The recovery of the business announcement has sufficient regulatory activity to be published by the Ministry of Finance of the year being treated, for the case:

-Rules of violation in paragraph 1, paragraph 2, paragraph 4, paragraph 5, paragraph 6, paragraph 9 Article 19 Protocol 84 /2011/NĐ-CP And there ' s a heavy situation.

-Regulation violation at paragraph 3 or Section 8 Article 19 Digital Protocol 84 /2011/NĐ-CP.

b) The recovery of the business message has sufficient regulatory activity to be published by the Ministry of Finance of the year, and is not informed that the business is eligible for a price appraisal operation for the next year.

-Behavioral violation in Clause 1, Clause 2, Clause 4, Clause 5, Clause 6 or Clause 9 84 /2011/NĐ-CP And there ' s two things going up.

-Regulation violation at paragraph 3 or Section 8 Article 19 Digital Protocol 84 /2011/NĐ-CP And there ' s a situation that ' s going to go up.

-Behavioral violation in paragraph 7 Article 19 Protocol 84 /2011/NĐ-CP.

5. Apply the remediation measure.

a) Business appraisal has infringed violations of regulations at Clause 7 Article 19 Digital Protocol 84 /2011/NĐ-CP was forced to compensate customers of the amount of money that was dispened by the administrative breach.

The number of arbitrates due to the administrative breach is the cost of renting a base price appraisal on the contract appraisal and other damages to the customer that the state governing body has the authority to determine.

b) Business appraisal has infringed violations of regulations at paragraph 9 Article 19 Digital Protocol 84 /2011/NĐ-CP is also forced to extract a career risk reserve fund or to be forced to purchase occupational liability insurance under the rule of law.

What? 15. Administrative violation of the price judge on the appraisal of the price.

1. A number of administrative violations stipulated at Clause 1 Article 20 of the digital decree 84 /2011/NĐ-CP The instructions are as follows:

a) The behavior does not execute the correct price appraisal process at Clap 1 Article 20 of the Digital Protocol 84 /2011/NĐ-CP is that the behavior does not implement the correct price appraisal processes at the Vietnam Price Appraisal Standards and specialized law enforcement documents in the price field.

b) The behavior does not implement the correct method of appraisal in accordance with guidelines at the Vietnam Price Appraisal Standards and specialized laws of law in the price field, or the International Price appraisal Standards have been recognized by the Ministry of Finance. In paragraph 1 Article 20 Decree Number 84 /2011/NĐ-CP is the behavior that does not execute the prescribed price appraisal method that leads to misalignment of the price appraisal result.

The price appraisal method is prescribed at the Vietnam Price appraisal Standards and specialized law enforcement texts in the price field; the case in the unguided Vietnamese price appraisal criterion takes on the standards, Guidelines and Guidelines. The pricing appraisal of the International Price appraisal Standards Board (IVSC); the unguided International Price Standards Board case is implemented in accordance with the guidelines of the ASEAN Price Appraisal Association (AVA) and international price appraisal organizations or associations. It ' s different from the Ministry of Finance.

2. Behavior for organizations, individuals hire, borrow an appraisal Card on the price for organizations, that individual founded the regulatory price appraisal business at Clap 2 Article 20 of the Digital Protocol. 84 /2011/NĐ-CP is the behavior of the appraisal of the rental price, the card loan to organize, the individual registering the Business Registration Certificate of Business as a price appraisal with a competent state governing body, which the practice does not practice price appraisations. Business.

3. Behavior for businesses appraisal of rent, borrow a Appraisal Card for the agency to administer the state regulatory authority to inform the business that the business is eligible for regulatory appraisal in Clause 3 Article 20 Digital Protocol 84 /2011/NĐ-CP is the behavior of appraisers on the price of registration appraisal at the price appraisal business so that the business is eligible for appraisal appraisers and is informed by the state governing body that the business is conditional on appraisal activities. price, which the judge on this price actually does not practice price appraisations at the business.

4. Apply the additional form of punishment:

In addition to the penalty form, the administrative violation judge on the price appraisal is subject to the following additional forms of punishment:

a) Remove the name in the list of appraisers on the eligible price of the Finance Ministry notification of price for the actions:

-The behavior does not perform the prescribed price appraisal procedure at paragraph 1 Article 20 of the number of Protocol 84 /2011/NĐ-CP And there ' s a heavy situation.

-The behavior does not execute the prescribed price appraisal method at Clause 1 Article 20 of the Digital Decree 84 /2011/NĐ-CP And there ' s a heavy situation.

b) Remove the name in the list of appraisers on the eligible price of the price appraisal by the Ministry of Finance in the year being treated and not registered as a price appraisal in the next year adjacent to the behavior:

-The behavior does not perform the prescribed price appraisal procedure at paragraph 1 Article 20 of the number of Protocol 84 /2011/NĐ-CP And there were two things that were going up;

-The behavior does not execute the prescribed price appraisal method at Clause 1 Article 20 of the Digital Decree 84 /2011/NĐ-CP And there ' s two things going up.

-The behavior reveals information about the price appraisal and price appraisal that the appraisal knows during the practice, unless the case is agreed by the customer to agree on or by the law.

-The behavior receives any amount of money or benefits from the organization, the individual has the need for an appraisal of the price of the service agreed in the contract.

-Behavioral registration behavior is priced at the same time for two business appraisations.

-Behavioral behavior appraisal in the same time for the two business appraisal price returns.

c) Count has a deadline of twelve (12) months of rights to use the appraisal Card on price, while simultaneously deleting the name in the list of appraisers in terms of eligible for a price appraisal by the Ministry of Finance for the year of execution of administrative violations. for behaviors:

-The behavior stipulated at point b, paragraph 4, Article 15 of this Information if there is an additional weight increase.

-Behavioral behavior with property owners, clients, who are relevant when making a price appraisal in order to mislead the appraisal results specified by the specified deviation rate at paragraph 7 Article 19 of the Digital Protocol 84 /2011/NĐ-CP compared to the final revaluation appraisal of the competent state governing body.

d) Take no time to use the appraisal Card on the price or revoking the appraisal Card on price for the conduct:

-Behavior for organizations, individuals hired, borrow an appraisal card for organizations, that individual has a business registration certificate with business as a price appraisal.

-Collusion with the asset owner, client, who is involved in making a price appraisal in order to mismatch the price appraisal compared to the final revaluation appraisal of the state governing body has jurisdiction and has additional weight gain.

-Behavior for businesses appraisal of rent, borrow the appraisal Card on the price to the state governing body with the authority to announce that the business is eligible for price appraisal.

5. Apply the remediation measure:

a) The confiscation of the state budget of the entire amount of appraisal is due to the collusion with the asset owner, the client, who is involved in implementing the price appraisal in order to mismatch the price appraisal compared to the final price appraisal results. State regulators.

b) Forcing the customer's full number of customers lost due to administrative violation at the point a and point b, paragraph 4, Article 15 of this Information.

c) The confiscation of the state budget bank budget appraisal of income inequality due to the conduct of the prescribed administrative violation at Article 20 Digital Decree 84 /2011/ND-CP, in case of not applying point b, paragraph 5 Article 15 of this message.

What? 16. The administrative violation of the price appraisal of the organization, the individual who uses the state budget procurement of the property must be valued at the rules of the law.

1. The execution of the administrative violation of price appraisal to the organization, the individual who uses the property from the state budget source procurement property must be valued at the provisions of the law made in accordance with the provisions at Article 21 Digital Protocol. 84 /2011/NĐ-CP.

2. Information behavior with the business appraisal, appraisal in price to raise prices or lower cost of damage to the State Regulation at paragraph 3 Article 21 Digital Protocol 84 /2011/NĐ-CP is the behavior of agreeing with the business appraisal, appraisal of price to increase the price of the price appraisal of damages to the State; to increase or reduce property prices that require price appraisal for procurement or sale of property from the state budget source. The water led to the detriship of the State.

What? 17. Administrative violation of the price appraisal for organizations with training functions, fostering a professional job appraisal of the value.

1. Money for $30,000,000 to one of the following acts:

a) A violation of the procedure for the procedure of training of training, fostering by regulations at the Training Regulation, a professional fostering a price appraisal issued by the state governing body of the authority; not to report the results of the training of training, fostering, and training. A professional career appraisal appraisal in the Department of Finance (Bureau of Price Management); does not register with the Ministry of Finance (Bureau of Price Management) on the training, fostering a career in price appraisal.

b) The certificate of training, fostering a professional job appraisal for those who do not have a name in the list, who is involved in the study but not qualified as prescribed at the Training Regulation, fostering a career in the appraisal of the appraisal price.

2. Apply the additional penalty form.

The organization has a training function, a short-term business fostering the price appraisal that has a prescribed violation of the administrative offence at this, in addition to the fines of the following measures:

a) The title is allowed to train, fostering a career in the appraisal of these institutions for a time of 12 (twelve) months for the conduct of the prescribed violation at the point of a 1 Article and there is a severe increase in the situation.

b) The title is not limited to the right to train, professional fostering the price appraisal of these organizations to the alleged violations at the point b 1 This has a severe increase in the situation. At the same time, revoking the training certificate, fostering a career appraisal in price for subjects with no names in the list, or students who are not eligible to be granted training certificate, fostering professional disciplinary action. I mean, the regulations are regulated by the Training Regulation, professional accretion of the price appraisal.

Section 3

JURISDICTION AND INCOME, USING THE FINES IN THE ADMINISTRATIVE VIOLATION PENALTY.

What? 18. Decaluse of administrative violations in the field of price

Authority to punish administrative violations in the sphere of price by regulation at Article 24, Article 25, Article 26, Article 27, Article 28, Article 29 of the Digital Protocol 84 /2011/NĐ-CP is the authority applied to a behavioral violation behavior. In the case of fines, the trial authority is determined to be based on the maximum level of the prescribed penalty for each administrative breach.

In the case of a charge of a person who performs multiple administrative violations in the field of price, the trial authority is determined as follows:

1. If the punishment form, the penalty level specified for each behavior is under the jurisdiction of the prescribed trial at Article 24, Article 25, Article 26, Article 27, Article 28 and Article 29 Decree No. 1. 84 /2011/NĐ-CP If you don't mind, then proceed

2. The case of a penalty level or one of the additional forms of sanctions or a remedy for unjurisdiction or excess of jurisdiction, the person who is in charge of the breach must be promptly transferred to the person with the jurisdiction of the penalty.

What? 19. Capture and use administrative violation fines in the price field.

Proceeds from the administrative penalty in the area of the price of the state by entering the state budget, the temporary financing of the financial institution opened in the Treasury of the State. The collection of fines is made by regulation at the Digital Notice. 128 /2008/TT-BTC December 24, 2008, of the Ministry of Finance on the direction of the procurement and management of state budget revenues through the State Treasury. The management and use of the administrative breach of the administrative violation is done by regulation at the Digital Notice. 47 /2006/TT-BTC August 31, 2006 of the Ministry of Finance Guide to Digital Protocol 124 /2005/NĐ-CP June 6, 2005 The government provides for the receipt of fines and management, using the payment of administrative violations.

What? 20. Vote, denounce, breach of breach

The complaint, denouncing, addressing the complaint, denouncing and processing violation of the entity under regulation at Article 35, 36 Digital Protocol. 84 /2011/NĐ-CP.

Section 4

THE ORGANIZATION.

What? 21.

1. This message has been in effect since July 5, 2012.

2. Repeal Digital 110 /2004/TT-BTC November 18, 2004 of the Ministry of Finance Guide the Digital Protocol 169 /2004/ND-CP September 22, 2004, of the Government of the Government of the Administrative Infringement of the Administrative Region of the United States.

What? 22.

1. Head of the Bureau of Price Management, Chief Inspector of the Ministry of Finance is responsible for organizing and implementing the processing of administrative violations in the price field to ensure the correct regulation of the law.

2. In the course of the execution if there is an entangrium, the offer reflects in time for the Ministry of Finance to review, resolve.

KT. MINISTER.
Chief.

(signed)

Xiaowen Chen