Publication of administrative violations on prices and valuation in Vietnam

Publication of administrative violations on prices and valuation in Vietnam (Internet image)

Publication of administrative violations on prices and valuation in Vietnam

On July 12, 2024, the Government of Vietnam issued Decree 87/2024/ND-CP on administrative penalties in price management (effective from July 12, 2024), in which the public posting of prices and valuation violations is stipulated as follows:

(1) In cases of administrative violations causing significant consequences or severely affecting public opinion, the head of the agency or unit of the person who issued the Penalty Decision shall send a document on public disclosure and a copy of the Penalty Decision on the administrative violation to the website or newspaper of the ministry-level, department-level management agency, or the Provincial People's Committee where the administrative violation occurred within 03 working days from the date of the Penalty Decision.

(2) The content to be publicly disclosed is a copy of the Penalty Decision on the administrative violation.

(3) The head of the press agency or the person responsible for managing the content on the website specified in item (1) shall:

- Post a copy of the Penalty Decision on the administrative violation within 02 working days from the receipt of the document on public disclosure and the copy of the Penalty Decision on the administrative violation;

- Publicly post information for each Penalty Decision on the administrative violation at least once, for a posting period of at least 30 days;

- Post correction information (if any) on the website or the next issue within 01 working day from the time of receiving the correction request.

(4) The head of the agency or unit of the person who issued the Penalty Decision on the administrative violation shall:

- Be responsible for the content of the disclosed information;

- Correct incorrect information within 01 working day from the time of discovery or from receiving the correction request.

(5) Information correction:

- In case the website or newspaper inaccurately publishes the information specified in item (2), it must correct it in the same section or position as the posted information within 01 working day from the time of discovery or from receiving the correction request on the website or the next issue and bear the correction costs;

- The correction is made once for each Penalty Decision on the administrative violation, for a posting period of at least 30 days.

(6) The cost of public disclosure and information correction (if any) shall be paid from the regular operational funds of the agency of the person who issued the Penalty Decision on the administrative violation.

Statute of limitations for administrative penalties in price management in Vietnam

An administrative violation is an act of fault by an individual or organization that violates the legal provisions on state management but is not a crime and is subject to administrative penalties according to the law.

The statute of limitations for administrative penalties in price management is stipulated in Article 6 of the Law on Handling Administrative Violations.

The principle of determining the end of the administrative violation or the ongoing administrative violation for calculating the statute of limitations for administrative penalties in price management is applied according to the provisions of the decree guiding the Law on Handling Administrative Violations.

Tran Trong Tin

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