THE MINISTRY OF FINANCE
SOCIALIST REPUBLIC OF VIETNAM Independence - Freedom- Happiness
No. 110/2004/TT-BTC
Ha Noi, November 18, 2004
CIRCULAR
GUIDING THE IMPLEMENTATION OF THE GOVERNMENT'S DECREE NO. 169/2004/ND-CP OF SEPTEMBER 22, 2004 PRESCRIBING THE SANCTIONING OF ADMINISTRATIVE VIOLATIONS IN THE PRICE DOMAIN
 
Pursuant to the Government's Decree No. 170/2003/ND-CP of December 25, 2003 detailing the implementation of the Price Ordinance;
Pursuant to the Government's Decree No. 77/2003/ND-CP of July 1, 2003 defining the functions, tasks, powers and organizational structure of the Finance Ministry;
Pursuant to the Government's Decree No. 169/2004/ND-CP of September 22, 2004 prescribing the sanctioning of administrative violations in the price domain (hereinafter referred to as Decree No. 169/2004/ND-CP for short),
The Finance Ministry hereby guides the sanctioning of administrative violations in the price domain as follows:
I. GENERAL PROVISIONS
1. Scope of regulation:
This Circular applies to administrative violations in the price domain prescribed in Clause 2, Article 1 of Decree No. 169/2004/ND-CP.
2. Subjects of application:
Domestic and foreign individuals, agencies and organizations (hereinafter referred collectively to as individuals and organizations) that commit acts of intentionally or unintentionally violating law provisions on prices, which, however, do not constitute crimes.
In cases where the international treaties which the Socialist Republic of Vietnam has signed or acceded to contain provisions different from those of Decree No. 169/2004/ND-CP, the provisions of such international treaties shall apply.
3. Cases where administrative violations in the price domains shall not be sanctioned:
a) Officials and public employees who commit administrative violations while performing their assigned tasks or public duties in the price domain shall be handled according to law provisions on officials and public employees;
b) Where State agencies promulgate documents prescribing prices ultra vires, such documents shall be handled according to law provisions on promulgation of legal documents, while the persons signing such documents shall be handled according to law provisions on officials and public employees;
c) Where the statute of limitations for sanctioning administrative violations prescribed in Article 5 of Decree No. 169/2004/ND-CP expires;
d) For administrative violations showing signs of crimes, the dossiers thereof shall be transferred to competent criminal procedure-conducting agencies for examination and handling according to penal law provisions;
e) For violations of price regulations in domains, which have already been administratively sanctioned according to law provisions on sanctioning of administrative violations in such domains.