Title: Decree 49/2016/ND-CP dated May 27th, 2016, on amendments and supplements to certain articles of the Government’s Decree 109/2013/ND-CP on penalties for administrative violations against regulations on management of prices...

Type: Decree

Issuing Agency: Government

Responsible Agency: Relevant Agencies

Issuing Date: 27-05-2016

Decree 49/2016/ND-CP amending Decree 109/2013/ND-CP stipulating penalties for administrative violations in the field of managing prices, fees, charges and invoices, accordingly, amending regulations sanction administrative violations in the field of price management and administrative violations regarding charges and fees and administrative sanctions in the field of invoice management.
1. Decree 49/2016/ND-CP amending the regulations on sanctioning administrative violations in the field of price management as follows:

- Additional Decree 49/2016/ND-CP on warning penalties for not providing and updating price information; providing and updating irregular price information according to regulations; provide and update false information in the price database, national database on prices.

- On the other hand, Decree 49/2016/ND-CP stipulates a fine of from 1 to 5 million for one of the following acts:

+ Acts of violation specified in the first em rule This clause in case of repeated violations; relapse;

+ Using the price data in the price database, the national database on prices not in conformity with the purpose permitted by the competent agency managing the database.

- For acts of buying professional liability insurance and setting up the professional risk reserve fund:

+ Caution or a fine of between VND 500,000 and 1,000,000 for acts of appropriating improper occupational risk reserve funds according to regulations;

+ Decree 49 / ND reduced the penalty from 5 to 10 million VND (formerly 150 to 180 million) for acts of not buying professional liability insurance, and not setting up the professional risk reserve fund ” .

2. Regulations on sanctioning administrative violations in the field of charges and fees are amended by Decree 49/2016/ND-CP as follows:
Decree 49/2016/ND-CP of the Government simultaneously increased the penalty for acts of collecting fees and charges not in accordance with the fees and charges in accordance with the law, accordingly:

- A fine of between VND 1 million and under VND 2 million for acts of violation with a violation amount of under VND 10 million;

- A fine of between VND 2 million and under VND 5 million for acts of violation with the violation amount of between VND 10 million and under VND 30 million;

- A fine of between VND 5 million and under VND 7.5 million for acts of violation with the violation amount of between VND 30 million and under VND 50 million;

- A fine of between VND 7.5 million and under VND 15 million for acts of violation with the violation amount of between VND 50 million and under VND 100 million;

- A fine of between VND 15 million and under VND 40 million for acts of violation with the violation amount of between VND 100 million and under VND 300 million;

- A fine of between VND 40 million and 50 million for acts of violation with a violation amount of VND 300 million or more.

3. Amending and supplementing regulations on sanctioning administrative violations on invoice management
Decree 49/2016/ND-CP additionally stipulates a fine of 500,000 VND to 1,500,000 VND for one of the following acts:

- Submit the notice of adjustment of information at the invoice issuance notice to the directly managed tax agency and the act of submitting the list of unused invoices to the tax office where the transfer is made when the business changes resulting in a change of the tax office which is directly under management after 10 days from the date of starting to use the invoice at the new address.

- Use invoices that have been issued to the tax authorities but have not reached the expiry date (05 days from the date of the Notice of Issuance).

Decree 49/2016/ND-CP takes effect from August 1, 2016.

 

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