Summary of fines for administrative violations against the law on price management of Vietnam

What are administrative violations against the law on price management of Vietnam and penalties therefor? LawNet would like to summarize these contents in the table below.

DOWNLOAD Summary of fines for administrative violations against the law on price management 

No.

Group of violation

Violation

Fine

1

Violations against regulations on price stabilization

Late report that is 05 working days behind schedule at the request of competent authorities to serve price stabilization

Warning

Late report that is 05 - 10 working days behind schedule

VND 1,000,000 - VND 5,000,000

Late report that exceeds 10 working days behind schedule at the request of competent authorities to serve price stabilization

VND 5,000,000 - VND 10,000,000

Failing to properly implement one of the measures for price stabilization prescribed b competent authorities

VND 10,000,000 - VND 20,000,000

Failing to take one of the measures for price stabilization prescribed by competent authorities

VND 20,000,000 - VND 30,000,000

Improperly establishing or using the Price stabilization fund

VND 30,000,000 - VND 40,000,000

Failing to establish the Price stabilization fund

VND 40,000,000 - VND 60,000,000

2

Violations against policies on subsidies

Making false statements or fabricating of payment receipts to receive subsidies on prices and transport cost, and supports for the implementation of subsidy policies; improperly using subsidies and supports

VND 20,000,000 - VND 30,000,000

3

Violations against regulations on price stabilization

Refusal to buy or sell goods/services at the provisional prices agreed by negotiation

VND 20,000,000 - VND 30,000,000

Failure to send reports on the agree prices to the negotiation holder

Failing to open price negotiation at the request of competent authorities

VND 30,000,000 - VND 50,000,000

4

Failure to adhere to the prices decided by competent authorities or persons

Selling goods and services at other prices than that decided by competent authorities or persons

VND 10,000,000 - VND 15,000,000

Selling goods and services at other prices than that decided by the People’s Committees of provinces

VND 20,000,000 - VND 25,000,000

Selling goods and services at the prices that are below the minimum price or above the maximum price decided by the Minister or the Head of the ministerial agency

VND 25,000,000 - VND 30,000,000

Selling goods and services at the prices that are below the minimum price or above the maximum price decided by the Government or the Prime Minister

VND 30,000,000 - VND 35,000,000

5

Violations against regulations on planning prices of goods and services

Planning prices of goods and services against the pricing methods prescribed by competent authorities

VND 10,000,000 - VND 20,000,000

Failing to plan prices of goods and services according to the pricing methods prescribed by competent authorities

VND 20,000,000 - VND 30,000,000

6

Violations against regulations on pricing exported rice prescribed by the Government

Failing to report the purchase price of exported rice, making false statement of rice export prices; failing to report or reporting incorrect quantity of goods in reserve of the rice exporter to the competent authority

VND 20,000,000 - VND 30,000,000

Exporting of rice at a lower price than the floor price of exported rice announced by competent authorities

VND 80,000,000 - VND 120,000,000

7

Violations against regulations on price declaration and registration

Failure to submit a lawful price declaration form after the competent state agency in charge of reception of price declaration form gives a warning or request for re-submission of another lawful price declaration form

VND 1,000,000 - VND 3,000,000

Failure to give a written notice of increased or decreased prices to competent state agencies in cases where the notice of prices must be performed as regulated by the pricing law

VND 3,000,000 - VND 5,000,000

Failure to apply the declared or registered prices with the period as regulated by the pricing law from the date on which the price registration or declaration is carried out at the competent state agencies

Failure to submit the price declaration form within the regulated period specified in the written request of competent state agency

VND 5,000,000 - VND 10,000,000

Failure to carry out the declaration of price decreases in conformity with the decrease of prices of price forming elements at the written request of competent state agency

Failure to carry out the price registration within the regulated period specified in the written request of competent state agency

VND 10,000,000 - VND 15,000,000

Failure to declare prices of from 01 to 10 items of goods or services whose prices must be declared

VND 5,000,000 - VND 10,000,000

Failure to declare prices of from 01 to 10 items of goods or services whose prices must be declared as regulated if such violation is committed or repeated in multiple times; or failure to declare prices of from 11 to 20 items of goods or services whose prices must be declared

VND 15,000,000 - VND 20,000,000

Failure to declare prices of 21 items of goods or services whose prices must be declared as regulated or above if this violation is committed or repeated in multiple times

VND 20,000,000 - VND 25,000,000

Failure to register prices of from 01 to 10 items of goods or services for which the prices must be registered as regulated

VND 10,000,000 - VND 15,000,000

Failure to register prices of from 01 to 10 items of goods or services for which the prices must be registered as regulated if such violation is committed or repeated in multiple times; or failure to register prices of from 11 to 20 items of goods or services for which the prices must be registered as regulated

VND 15,000,000 - VND 20,000,000

Failure to register prices of from 11 to 20 items of goods or services for which the prices must be registered as regulated if such violation is committed or repeated in multiple times; or failure to register prices of 21 items of goods or services for which the prices must be registered as regulated, or above

VND 20,000,000 - VND 25,000,000

Failure to register prices of 21 items of goods or services for which the prices must be registered as regulated, or above, if this violation is committed or repeated in multiple times

VND 25,000,000 - VND 30,000,000

8

Violations against regulations on disclosure of information about prices of goods and services

Failure to post prices of goods and services at the locations where price posting is compulsory as regulated by law

VND 500,000 - VND 1,000,000

Posting prices in an improper way that makes customers confused

Failure to post prices of goods and services at the locations where price posting is compulsory as regulated by law (repeated in multiple times)

VND 1,000,000 - VND 3,000,000

Posting prices in an improper way that makes customers confused (repeated in multiple times)

Failure to post correct prices, or the posted prices are not in the price bracket, or are above the maximum prices, or are below the minimum prices decided by competent state agencies if relevant goods and services are in the list of goods and services priced by the Government

Selling goods and services that are not mentioned in Clause 5 Article 12 of Decree No. 109/2013/NĐ-CP of Vietnam’s Government at higher prices than the posted prices

VND 5,000,000 - 10,000,000

Failing to disclose information about goods and services in other methods rather than price posting, applicable to the goods and services in the list of Goods and services priced by the State, the list of goods and services subject to price stabilization and price statement

VND 10,000,000 - VND 15,000,000

Selling goods and services in the list of goods subject to price stabilization, the list of goods and services restricted from trade or traded under conditions

VND 20,000,000 - VND 30,000,000

Failing to provide information about the Price stabilization fund at the request of competent authorities

VND 30,000,000 - VND 40,000,000

9

Irrational increase or decrease of prices

Tăng giá bán hàng hóa, dịch vụ cao hơn mức giá đã kê khai hoặc đăng ký với cơ quan quản lý nhà nước có thẩm quyền theo quy định của pháp luật và hàng hóa, dịch vụ bán tăng giá có tổng giá trị đến 50.000.000 đồng

Increasing the price beyond the price stated or registered with competent authorities as prescribed by law, providing that the value of goods or service, the price of which is increased, is up to VND 50,000,000

VND 1,000,000 - VND 5,000,000

Increasing the price according to the registration form or price statement form, while the competent authority has made a written request for the explanation of the registered or stated price, or has requested the suspension of the new price and a new price registration of statement, providing that the value of goods or service, the price of which is increased, is up to VND 50,000,000

Tăng giá bán hàng hóa, dịch vụ cao hơn mức giá đã kê khai hoặc đăng ký với cơ quan quản lý nhà nước có thẩm quyền theo quy định của pháp luật và hàng hóa, dịch vụ bán tăng giá có tổng giá trị từ trên 50.000.000 đồng đến 100.000.000 đồng

Increasing the price beyond the price stated or registered with competent authorities as prescribed by law if the value of the goods or services is from over VND 50,000,000 to VND 100,000,000

VND 5,000,000 - VND 10,000,000

Increasing the price according to the registration form or price statement form, while the competent authority has made a written request for the explanation of the registered or stated price, or has requested the suspension of the new price and a new price registration of statement if the value of the goods or services is from over VND 50,000,000 to VND 100,000,000

Increasing the price beyond the price stated or registered with competent authorities as prescribed by law if the value of the goods or services is from over VND 100,000,000 to VND 200,000,000

VND 10,000,000 - VND 20,000,000

Increasing the price according to the registration form or price statement form, while the competent authority has made a written request for the explanation of the registered or stated price, or has requested the suspension of the new price and a new price registration of statement if the value of the goods or services is from over VND 100,000,000 to VND 200,000,000

Increasing the price beyond the price stated or registered with competent authorities as prescribed by law if the value of the goods or services is from over VND 200,000,000 to VND 500,000,000

VND 20,000,000 - VND 40,000,000

Increasing the price according to the registration form or price statement form, while the competent authority has made a written request for the explanation of the registered or stated price, or has requested the suspension of the new price and a new price registration of statement if the value of the goods or services is from over VND 200,000,000 to VND 500,000,000

Increasing the price beyond the price stated or registered with competent authorities as prescribed by law if the value of the goods or services is from over VND 500,000,000

VND 40,000,000 - VND 60,000,000

Increasing the price according to the registration form or price statement form, while the competent authority has made a written request for the explanation of the registered or stated price, or has requested the suspension of the new price and a new price registration of statement if the value of the goods or services is from over VND 500,000,000

Irrational increase or decrease of goods or services, which is found during the inspection of pricing basis at the request of the Prime Minister, Ministers, Heads of ministerial agencies, Presidents of the People’s Committees of provinces

VND 25,000,000 - VND 55,000,000

10

Dissemination of false information about the market and prices

Fabricating, spreading, disseminating false information about the market and prices that causes confusion and market instability

VND 10,000,000 - VND 15,000,000

Dissemination of false information about the market and prices that causes confusion and market instability via the mass media such as printed newspapers, talking newspapers, photo newspapers, online newspapers or other publications

Fined in compliance with the laws on penalties on administrative violations against regulations on journalism and publishing

11

Violations against the laws on provision of relevant data and documents at the request of competent authorities

Delayed provision of information about prices of goods and services at the written request of competent authorities, which is fewer than 05 working days behind schedule

Warning

Delayed provision of relevant data and documents at the written request of competent authorities, which is fewer than 02 working days behind schedule, when the State valuates, inspect the pricing basis of the goods and services

Late submission of periodical reports at the requests of competent state agencies, which is from 05 to 15 working days behind schedule; or provision of false information about prices of goods and services at the written requests of competent state agencies

VND 5,000,000 - VND 8,000,000

Delayed provision of relevant data and documents at the request of competent authorities, which is fewer 02 - 10 working days behind schedule; provision of insufficient or in accurate data and documents at the written request of competent authorities when the State valuates, inspect the pricing basis of the goods and services

VND 6,000,000 - VND 9,000,000

Delayed provision of information at the request of competent authorities, which is over 15 working days behind schedule or after the deadline for submitting the next periodic report on prices of goods and services at the written request of competent authorities

VND 8,000,000 - VND 11,000,000

Late submission of periodical reports at the requests of competent state agencies, which is over 15 working days behind schedule

VND 9,000,000 - VND 12,000,000

Late provision of data and documents at the written requests of competent state agencies, which is over 10 working days behind schedule, when the Government carries out the valuation or inspection of the price forming elements of the goods and services

12

Fraudulent pricing

Fraudulent pricing by changing the breaking the agreement on the time, location, sale condition, quality of goods or services upon delivery or service provision without prior notice to customers

VND 20,000,000 - VND 30,000,000

13

Taking advantage of economic crisis, natural disasters, wars, fire, epidemics, unusual circumstances, and state policies to impose irrational prices

Taking advantage of economic crisis, natural disasters, wars, fire, epidemics, unusual circumstances, and state policies to impose irrational prices

VND 20,000,000 - VND 30,000,000

14

Violations against regulations on valuation company

Delaying sending reports to the Ministry of Finance within 20 working days in case of failure to satisfy one of the conditions in the certificate of eligibility to provide valuation services according to legislation on pricing

VND 5,000,000 - VND 10,000,000

Delaying sending reports to the Ministry of Finance within 20 working days in case the contents of certificate of eligibility to provide valuation services are changed

Delaying sending reports to the Ministry of Finance within 20 working days in case the certificate of eligibility to provide valuation services is lost, torn, burn, or destroyed due to natural disasters, wars, or other force majeure

Delaying sending reports to the Ministry of Finance within 20 working days in case the list of valuators in the company is changed (name, date of birth, position, valuator’s card number, and date of issue)

Delaying sending reports to the Ministry of Finance within 20 working days in case the company undergoes division, merger, amalgamation, or conversion of ownership

Delaying sending reports to the Ministry of Finance within 20 working days in case the company is bankrupt, dissolved, suspended, or shuts down

Delaying sending reports to the Ministry of Finance within 20 working days in case the company has its Certificate of Business registration or Certificate of Enterprise registration revoked

Failing to notify the Ministry of Finance within 35 working days from the establishment or shut down of the overseas valuation company

VND 10,000,000 - VND 15,000,000

Delaying reporting or providing information about the provision of valuation services within 05 working days

Delaying providing the certification of valuation, valuation result report or relevant documents at the request of competent authorities within 05 working days

Failing to notify the Ministry of Finance in writing within 40 working days when changing the contents mentioned in Clause 1 Article 18 of Decree No. 109/2013/NĐ-CP of Vietnam’s Government

VND 15,000,000 - VND 20,000,000

Failing to notify the Ministry of Finance in writing within 45 working days from the establishment or shut down of the overseas valuation company

Failing to send reports or provide information to competent authorities about valuation service provision within 20 working days

Failing to provide the certification of valuation, valuation result report or relevant documents at the request of competent authorities within 15 working days

Providing valuation services without the contract to provide valuation services or the written request for valuation services of the customer

VND 20,000,000 - VND 30,000,000

Issue the certification of valuation or make the valuation report without sufficient information according to Vietnam’s valuation standard

Attracting customers in the form of obstructing, threatening, bribing, and other methods of unhealthy competition; providing false information about the qualification, experience and capacity of the valuator, the valuation company or its branches

VND 30,000,000 - VND 40,000,000

Obstructing or interfering in the administration of the organization or individual that demands the valuation while they are performing their functions and duties properly

Revealing information about documents, customers and valuated assets without the consent of customers or against the law

Failing to store the valuation documents in accordance with legislation on pricing, except for the cases in Point d Clause 8 Article 18 of Decree No. 109/2013/NĐ-CP of Vietnam’s Government

VND 40,000,000 - VND 60,000,000

Changing, falsifying the valuation documents being stored

Failing to comply with legislation on preservation and use of valuation documents

Failing to follow the valuation procedure

VND 60,000,000 - VND 80,000,000

Failing to follow the valuation method provided in Vietnam’s valuation standard

Failing to employ every valuation methods prescribed by legislation on pricing

Fabricating, borrowing, renting the valuator’s card

VND 80,000,000 - VND 100,000,000

Making false statement or fabricating the application for the certificate of eligibility to provide valuation services

Receiving or requesting money or other benefits from the customers apart from the agreed service price in the contract

Failing to store valuation documents for a sufficient period as prescribed by law

Providing valuation services when the valuation company is banned from providing valuation services according to legislation on pricing

VND 100,000,000 - VND 120,000,000

Issuing the certification of valuation or report on valuation report signed by another person than a valuator of the valuation company

Falsifying the documents or information about valuated asset, except for the case mentioned in Clause 13 Article 18 of Decree No. 109/2013/NĐ-CP of Vietnam’s Government

VND 120,000,000 - VND 150,000,000

Failure to set up the fund for provisions against professional risks in conformity with levels regulated by the law

A warning or a fine of VND 500,000 - VND 1,000,000

Failure to purchase professional liability insurance and set up the fund for provisions against professional risks at the same time

VND 5,000,000 - VND 10,000,000

Collaborating with the asset owner, client or relevant persons to falsify the result of valuation

VND 180,000,000 - VND 220,000,000

Falsifying the valuation documents or falsifying information about valuated assets that causes the price of real estate or vehicles to increase or decrease by 10%, the price of supplies or goods to increase or decrease by 15% in comparison to the final valuation result given by the competent authority if the same valuation method is employed by the valuation company and the competent authority

VND 220,000,000 - VND 260,000,000

15

Violations against regulations on valuators

Revealing information about documents, clients and the valuated assets without the consent of clients or against the law

VND 20,000,000 - VND 30,000,000

Receiving money or other benefits from the client apart from the agreed service price in the contract

Failing to follow guidance on valuation procedure and methods in the Vietnam’s valuation standard

VND 30,000,000 - VND 40,000,000

Failing to employ every valuation methods prescribed by legislation on pricing

Fabricating, borrowing, lending the valuator’s card

VND 40,000,000 - VND 50,000,000

Applying to 02 valuation companies or more at the same time

Working for 02 valuation companies or more at the same time

Signing the certification of valuation issued by a valuation company to which they do not apply

Corroborating with the asset owner, client or relevant persons to falsify the valuation result

VND 50,000,000 - VND 70,000,000

Falsifying the documents or information about valuated asset that leads to inaccurate valuation result

Provide valuation services to a unit with which the valuator has a relationship pertaining to capital contribution, share purchase, or where the valuator’s parent, spouse, child, brother or sister is a member of the board or the Chief accountant

16

Violations against regulations on holder of valuated assets and users of valuation results

Signing the valuation contract with an unqualified company

VND 3,000,000 - VND 5,000,000

Using the valuation results for other purposes than those stated in the contract

VND 5,000,000 - VND 10,000,000

Providing inaccurate or insufficient information or documents about the valuated assets

VND 10,000,000 - VND 20,000,000

Bribing or collaborating with the valuator or valuation company to falsify the valuation result

VND 20,000,000 - VND 30,000,000

Legal basis:

- Decree No. 109/2013/NĐ-CP of Vietnam’s Government on penalties for administrative violations against the law on price management, fee management, and invoicing.

- Decree No. 49/2016/NĐ-CP of Vietnam’s Government on amendments and supplements to certain Articles of Decree No. 109/2013/NĐ-CP on penalties for administrative violations against regulations on management of prices, fees, charges and invoices.

Nguyen Trinh

>> CLICK HERE TO READ THIS ARTICLE IN VIETNAMESE

43 lượt xem
Related Document
  • Address: 19 Nguyen Gia Thieu, Vo Thi Sau Ward, District 3, Ho Chi Minh City
    Phone: (028) 7302 2286
    E-mail: info@lawnet.vn
Parent company: THU VIEN PHAP LUAT Ltd.
Editorial Director: Mr. Bui Tuong Vu - Tel. 028 3935 2079
P.702A , Centre Point, 106 Nguyen Van Troi, Ward 8, Phu Nhuan District, HCM City;