| MINISTRY OF FINANCE ------- | THE SOCIALIST REPUBLIC OF VIETNAM Independence– Freedom – Happiness --------------- |
| No.: 78/2012/TT-BTC | Hanoi, May 18, 2012 |
CIRCULAR
GUIDING A NUMBER OF ARTICLES OF THE DECREE NO.84/2011/ND-CP DATED 20/9/2011 OF THE GOVERNMENT REGULATING THE HANDLING OF ADMINISTRATIVE VIOLATION IN PRICE FIELD
Pursuant to the Ordinance on Prices No.40/2002/PL-UBTVQH10 passed by the Xth session National Assembly Standing Committee on 26/4/2002;
Pursuant to the Ordinance on Handling of Administrative Violations No.44/2002/PL-UBTVQH10 passed by the Xth session National Assembly on 02/7/2002;
Pursuant to the Ordinance amending and supplementing some Articles of the Ordinance on Handling of Administrative Violations No.04/2008/PL-UBTVQH12 passed by the XIIth session National Assembly Standing Committee on 02/4/2008;
Pursuant to the Decree No.170/2003/ND-CP dated 25/12/2003 of the Government detailing the implementation of a number of Articles of the Ordinance on Prices;
Pursuant to the Decree No.101/2005/ND-CP dated 03/08/2005 of the Government on valuation;
Pursuant to the Decree No.75/2008/ND-CP dated 09/06/2008 of the Government amending and supplementing some Articles of the Decree No.170/2003/ND-CP dated 25/12/2003 of the Government detailing the implementation of some Articles of the Ordinance on Prices;
Pursuant to the Decree No.118/2008/ND-CP dated 27/11/2008 of the Government regulating functions, duties, powers and organizational structure of Ministry of Finance;
Pursuant the Decree No.128/2008/ND-CP dated 16/12/2008 of the Government detailing the implementation of some Articles of the 2002 Ordinance on Handling of Administrative Violations and the Ordinance Amending and Supplementing a number of Articles of the 2008 Ordinance on Handling of Administrative Violations;
Pursuant to the Decree No.84/2011/ND-CP dated 20/9/2011 of the Government on sanctioning administrative violations in the price field;
At the proposal of the Director of Price Management Department, the Minister of Finance issues a Circular guiding some Articles of the Decree No.84/2011/ND-CP dated 20/09/2011 of the Government on sanctions administrative violations in the field of price,
SECTION 1. GENERAL PROVISIONS
Article 1. Scope of governing
This Circular guides some Articles of the Decree No.84/2011/ND-CP dated 20/09/2011 of the Government on sanctioning administrative violations in the field of prices (hereinafter referred to as the Decree No.84/2011/ND-CP) guiding specifically some administrative violations in the field of prices (including administrative violations in price and valuation), the sanction levels, the sanctioning competence, procedures of collection, payment and use of fines of administrative violations in the field of prices.
Article 2. Subjects of application
1. The competent State management agencies, persons who are authorized by the competent state management agencies to assign duty to sanction administrative violations in the field of prices.
2. Organizations and individuals that violate the provisions of law in the field of prices but not seriously to be prosecuted for criminal liability.
Article 3. The absence of sanctioning administrative violations in the field of prices
1. The State agencies that promulgated legal documents in the field of prices not in compliance with competence, written documents issued ultra vires shall be handled in accordance with the provisions of law on promulgation of legal documents; persons who signed documents ultra vires shall be handled in accordance with the provisions of law on officials and public employees.
2. The expiry of prescription for sanctioning administrative violations as stipulated in Article 5 of the Decree No.84/2011/ND-CP.
3. Administrative violations in the field of price having criminal signs; their records are transferred to the competent authorities conducting criminal proceedings for consideration and settlement under the provisions of criminal law.
4. The case of not handling administrative violations in accordance with the provisions of law on handling of administrative violations.
Article 4. Application of the principles of handling of administrative violations
The application of the principles of sanctioning administrative violations in the field of prices shall comply with principles of sanctioning administrative violations provided for in Article 3 of the Decree No.84/2011/ND-CP and guided in this Article as follows:
