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MEKONG COUNSEL


Decrees on sanctioning administrative violations in price domain

On September 20th, 2011, the Government issued Decree No. 84/2011/ND-CP on sanctioning administrative violations in price domain. Accordingly, the Decree stipulating administrative violation actsin price domain, forms and levels for sacntioning, statute of limitations for sanctioning… administrative violation acts in price domain.

 

-Administrative violation acts shall include: violations of regulations onvalorization; violations of price, fright subsidy policy, failure to comply with committed price; failure tocomply with the price decided by the competent authorities; violations ofregulations on the price scheme formulation for goods andservices; violations of regulations on theconditional business as prescribed by the Government; violations ofregistration and declaration of prices of goods and services; violations of price posting of goods andservices; excessiveprice hiking; givingfalse informationabout the market, prices of goods and services.

 

-Forms and levels of sacntioning: for eachadministrative violation act in price domain, violated organizations and individuals shall be applied one or all of the following sanctioning measures:

 

     +Caution.

 

     +Monetary fine.

 

     +Additional sanctioningsand remedial measures.

 

Each administrativeviolation acts in price domain shall be sanctioned only once. Organizations and individuals with many administrative violation acts in price domain shall be sanctioned for each violation respectively. In case many organizations and individuals committing one administrative violation act in price domain, each organization, individual shall be sanctioned individually.

 

-The statute of limitationsfor sanctioning administrative violations in price domain shall be two (02) years from the date the administrative violation is committed.

 

This Decree shall come into force from November 15th, 2011 and annulDecree No.169/2004/ND-CP September 22nd, 2004 of the Government on sanctioning administrative violations in price domain, annul Articles 6, 7, 8 and 9 of Decree No. 107/2008/ND-CP September 22nd, 2008 of the Government on administrative sanctioning of acts of goods speculation and hoarding, excessive price hiking, giving false information, smuggling and trade frauds.