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THE
GOVERNMENT
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SOCIALIST
REPUBLIC OF VIET NAM
Independence - Freedom – Happiness
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No:
126/2004/ND-CP
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Hanoi,
May 26, 2004
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DECREE
ON THE SANCTIONING OF ADMINISTRATIVE VIOLATIONS IN
CONSTRUCTION ACTIVITIES, URBAN INFRASTRUCTURE MANAGEMENT AND HOUSE USE
MANAGEMENT
THE GOVERNMENT
Pursuant to the December 25,
2001 Law on Organization of the Government;
Pursuant to the November 26, 2003 Construction Law;
Pursuant to the July 2, 2002 Ordinance on Handling of Administrative
Violations;
At the proposal of the Minister of Construction,
DECREES:
Chapter I
GENERAL PROVISIONS
Article 1.- Scope
of regulation
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2. Administrative violations in
construction activities, urban infrastructure management or house use
management are acts committed intentionally or unintentionally by organizations
or individuals in violation of the regulations on construction activities,
urban infrastructure management or house use management, which do not
constitute offenses but must, as prescribed by law, be administratively
sanctioned.
3. Administrative violations in
construction activities, urban infrastructure management and house use
management include:
a/ Administrative violations
committed in construction activities by investors;
b/ Administrative violations
committed in construction activities by contractors that build works
(hereinafter called construction contractors);
c/ Administrative violations
committed in construction activities by construction consultancy contractors;
d/ Administrative violations in
urban infrastructure management, including: acts of violation in the management
of the systems of urban traffic, information and communication, energy supply,
public lighting, water supply, water drainage, waste treatment, structures in
parks, flower gardens, public greenery, and other works;
e/ Administrative violations in
the house use management.
Article 2.-
Subjects of application
1. Vietnamese individuals or
organizations that commit administrative violations in construction activities,
urban infrastructure management or house use management shall all be sanctioned
under the provisions of this Decree.
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Article 3.-
Principles for sanctioning administrative violations in construction
activities, urban infrastructure management and house use management
1. All administrative violations
must be detected in time and immediately stopped. The sanctioning of
administrative violations must be carried out promptly, justly and thoroughly.
All consequences caused by administrative violations must be remedied strictly
according to law provisions.
2. The sanctioning of administrative
violations shall be effected by competent persons defined in Articles 43, 44,
45 and 46 of this Decree in accordance with law provisions.
3. An administrative violation
shall be sanctioned only once. Organizations or individuals that commit many
administrative violations shall be sanctioned for each of such violations. If
many organizations or individuals commit the same administrative violation,
each of them shall be sanctioned.
4. The sanctioning of
administrative violations must be based on the nature and seriousness of the
violations, the personal backgrounds of the violators and extenuating as well
as aggravating circumstances in order to decide on the appropriate handling
forms and measures.
5. Administrative violations
shall not be sanctioned in the cases of urgency, sudden events or if they are
committed by persons who are suffering from mental diseases or other diseases
which deprive the violators of their capacity to perceive or to control their
acts.
Article 4.-
Statute of limitations for sanctioning administrative violations in
construction activities, urban infrastructure management and house use
management
1. The statute of limitations
for sanctioning administrative violations is 2 years as from the date the acts
of violation are committed; past this period, such acts shall not be sanctioned
but still be subject to the application of the measures specified in Clause 3,
Article 5 of this Decree.
2. Within the statute of
limitations prescribed in Clause 1 of this Article, if the organizations or
individuals that commit administrative violations deliberately avoid or
obstruct the sanctioning by competent authorities, the statute of limitations
shall be re-counted, starting from the time the violators stop their acts of
avoiding or obstructing the sanctioning.
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Article 5.-
Forms of sanctioning administrative violations and remedial measures in
construction activities, urban infrastructure management and house use management
1. Organizations or individuals
that commit administrative violations shall be subject to one of the following
forms of administrative sanction:
a/ Caution;
b/ Fines of up to VND 70
million.
2. Depending on the nature and seriousness
of their violations, the violating organizations or individuals shall be also
subject to one or more of the following additional sanctioning forms:
a/ Deprivation of the right to
use permits, practicing certificates;
b/ Confiscation of material
evidences and/or means used in administrative violations.
3. Remedial measures:
a/ Forcible restoration of the
original state which has been altered due to administrative violations or
forcible dismantlement of the violating parts of works or works;
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c/ Forcible compliance with the
State's regulations on construction activities, urban infrastructure management
and house use management;
d/ Forcible compensation for damage
caused by administrative violations.
Chapter II
SANCTIONING FORMS AND
LEVELS FOR ADMINISTRATIVE VIOLATIONS IN CONSTRUCTION ACTIVITIES
Section I.
SANCTIONING FORMS AND LEVELS FOR VIOLATIONS BY INVESTORS
Article 6.-
Sanctioning of investors that organize the construction of parts of works or
works on land areas where construction is banned
1. A caution or a fine of
between VND 100,000 and VND 200,000 on investors that organize the construction
of parts of works or works and commit one of the following acts:
a/ Violating the construction
plannings which have been approved and publicized by competent authorities;
b/ Conducting construction on
land areas of which the use purpose has not been changed.
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a/ Conducting construction on
encroached land areas;
b/ Conducting construction in
violation of the red-line limits;
c/ Violating the limits of
construction areas.
3. A fine of between VND 300,000
and VND 500,000 on investors that organize the construction of parts of works
or works in land areas where construction is banned.
4. Apart from the sanctioning
forms specified in Clause 1, Clause 2 and Clause 3 of this Article, the
violating investors shall also be subject to the following additional sanction
and the application of one or more of the following measures:
a/ Confiscation of material
evidences and/or means used in the administrative violations;
b/ Forcible restoration of the
original state which has been altered due to their administrative violations or
forcible dismantlement of the violating parts of works or works;
c/ Forcible remedy of the
environmental pollution caused by their administrative violations.
Article 7.-
Sanctioning of investors that violate the regulations on construction permits
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2. Apart from the sanctioning
forms specified in Clause 1 of this Article, the violating investors shall be
also forced to apply for construction permits as prescribed or to comply with
the granted construction permits.
Article 8.-
Sanctioning of investors that violate the regulations on work construction
designing
1. A caution or a fine of
between VND 100,000 and VND 200,000 on investors that organize the construction
of new parts of works or new works; the renovation, expansion, overhaul,
restoration or embellishment of works without approved construction designs as
prescribed or in contravention of the approved designs.
2. Apart from the sanctioning
forms specified in Clause 1 of this Article, the violating investors shall be
also forced to apply for approval of work construction designs according to
regulations or to strictly comply with the approved construction designs.
Article 9.-
Sanctioning of investors that violate the regulations on management of
construction investment projects
1. Fines:
a/ A fine of between VND
8,000,000 and VND 10,000,000 on investors that change the projects’ contents
without permission or permit the changes therein ultra vires;
b/ A fine of between VND
10,000,000 and VND 12,000,000 on investors that commence the construction of
works when there are not enough conditions for construction commencement;
c/ A fine of between VND
12,000,000 and VND 15,000,000 on investors that set up project management
boards which lack construction activity capability as prescribed.
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2. Apart from the sanctioning
forms specified in Clause 1 of this Article, the violating investors shall be
also forced to strictly comply with the regulations on management of
construction investment projects.
Article
10.- Sanctioning of investors that violate the regulations on selection of
contractors in construction activities
1. Fines:
a/ A fine of between VND 6,000,000
and VND 8,000,000 on investors that commit acts of dividing the assigned
bidding package or assign it to many contractors though such bidding package
can be performed by only one contractor in contravention of the law provisions
on selection of contractors in construction activities.
b/ A fine of between VND
8,000,000 and VND 10,000,000 on investors that select construction contractors
that fail to satisfy the prescribed conditions on construction activity
capability;
c/ A fine of between VND
10,000,000 and VND 15,000,000 on investors that wrongly implement the approved
bidding plans;
d/ A fine of between VND
20,000,000 and VND 30,000,000 on investors that commit one of the following
acts: manipulating bids; purchasing or selling bids; disclosing information
when considering bids or conniving with contractors; organizing sham biddings
or failing to organize biddings but still drawing up bidding records.
2. Apart from the sanctioning
forms specified in Clause 1 of this Article, the violating investors shall be
also subject to the application of one or more of the following measures:
a/ Forcible cancellation of the
bidding results, for violations specified at Point d, Clause 1 of this Article;
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Article
11.- Sanctioning of investors that violate the regulations on management of
the quality of construction works
1. Fines:
a/ A fine of between VND
5,000,000 and VND 6,000,000 on investors that fail to buy insurance for
construction works as prescribed;
b/ A fine of between VND
6,000,000 and VND 8,000,000 on investors that fail to report in time according
to regulations on incidents occurring to construction works;
c/ A fine of between VND
8,000,000 and VND 10,000,000 on investors that commit one of the following
acts: Violating the regulations on technical testing; violating the regulations
on operation testing, handover and commissioning of construction works;
d/ A fine of between VND
10,000,000 and VND 20,000,000 on investors that commit one of the following
acts: Irrationally speeding up the construction progress, thereby badly
affecting the quality of construction works; failing to keep to the
construction schedule prescribed in the approved investment decisions;
e/ A fine of between VND
20,000,000 and VND 70,000,000 on investors that organize the construction of
parts of works or works and commit one of the following acts: Wrongly using
construction rules; construction standards or failing to supervise the construction
process according to regulations, thus badly affecting the quality of
construction works or causing incidents to such works.
2. Apart from the sanctioning
forms specified in Clause 1 of this Article, the violating investors shall be
also forced to strictly comply with the regulations on management of the
quality of construction works.
Article
12.- Sanctioning of investors that violate the regulations on operation
testing, payment for completed volumes and settlement of investment capital
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a/ A fine of between VND
10,000,000 and VND 15,000,000 on investors that make settlement of investment
capital behind the prescribed deadlines;
b/ A fine of between VND
15,000,000 and VND 20,000,000 on investors that delay the payment for the
completed volumes to contractors though all payment procedures have been
completed;
c/ A fine of between VND
30,000,000 and VND 50,000,000 on investors that commit one of the following
acts: Sham testing; testing wrong volumes; distorting the value of the paid or
settled investment capital for construction of works.
2. Apart from the sanctioning
forms specified in Clause 1 of this Article, the violating investors shall be
also subject to the application of the following measures:
a/ Forcible cancellation of
payment or settlement results, for violations specified at Point c, Clause 1 of
this Article;
b/ Forcible compliance with the
regulations on testing, payment for completed volumes and settlement of
investment capital for construction of works;
c/ Forcible damage compensation,
for violations specified at Point b, Clause 1 of this Article.
Section II.
SANCTIONING FORMS AND LEVELS FOR VIOLATIONS BY CONSTRUCTION CONTRACTORS
Article
13.- Sanctioning of construction contractors that violate the regulations
on construction activity capability conditions
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a/ A fine of between VND
8,000,000 and VND 10,000,000 on construction contractors that employ
construction managers or commanders who lack construction practicing capability
required for the construction category or grade;
b/ A fine of between VND
10,000,000 and VND 12,000,000 on construction contractors that undertake
contracts for construction of works beyond their construction activity
capability as prescribed;
c/ A fine of between VND
15,000,000 and VND 20,000,000 on construction contractors that commit one of
the following acts: Lending the contractor's name; using the names of other
contractors for carrying out construction activities.
2. Apart from the sanctioning
forms specified in Clause 1 of this Article, the violating construction
contractors shall be also forced to strictly comply with the regulations on
construction activity or construction practicing capability.
Article
14.- Sanctioning of construction contractors that violate the regulations
on biddings in construction activities
1. Fines:
a/ A fine of between VND
6,000,000 and VND 15,000,000 on construction contractors that commit one of the
following acts: Deploying the construction of works at variance with their
commitments stated in the bid dossiers and contracts on delivery and receipt of
construction bids; violating other law provisions on biddings in construction
activities;
a/ A fine of between VND
15,000,000 and VND 20,000,000 on construction contractors that commit one of
the following acts: manipulating biddings; purchasing, selling bids.
2. Apart from the sanctioning
forms specified in Clause 1 of this Article, the violating construction
contractors shall be also subject to the application of one of the following
measures:
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b/ Forcible fulfillment of their
commitments in the bids or compliance with the regulations on biddings in
construction activities.
Article
15.- Sanctioning of construction contractors that perform construction
contracts in violation of the regulations on construction of parts of works or
works on land areas where construction is banned, on construction permits,
construction designs
1. Fines:
a/ A fine of between VND 100,000
and VND 200,000 on construction contractors that perform contracts for
construction of parts of works or works without or in contravention of
construction permits; without or in contravention of the approved construction
deigns;
b/ A fine of between VND 300,000
and VND 500,000 on construction contractors that perform contracts for
construction of parts of works or works on land areas where construction is
banned.
2. Apart from the sanctioning
forms specified in Clause 1 of this Article, the violating construction
contractors shall also be subject to confiscation of material evidences and/or
means used in their administrative violations.
Article
16.- Sanctioning of construction contractors that violate the regulations
on construction safety
1. Fines:
a/ A fine of between VND
1,000,000 and VND 3,000,000 on construction contractors that commit one of the
following acts: Improperly observing the construction processes and rules,
thereby causing sinkings or crackings to adjacent works;
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c/ A fine of between VND
4,000,000 and VND 6,000,000 on construction contractors that commit one of the
following acts: Failing to put up construction site signal boards as
prescribed; failing to put up safety boards; failing to put up covering and/or
shielding means; failing to erect safety protection fences;
d/ A fine of between VND
6,000,000 and VND 8,000,000 on construction contractors that fail to purchase
insurance of any type as prescribed.
2. Apart from the sanctioning
forms specified in Clause 1 of this Article, the violating construction
contractors shall also be subject to the application of the following measures:
a/ Forcible damage compensation,
for violations specified at Point a, Clause 1 of this Article;
b/ Forcible compliance with the
construction safety regulations.
Article
17.- Sanctioning of construction contractors that violate the regulations
on management of the quality of construction works
1. Fines:
a/ A fine of between VND
1,000,000 and VND 5,000,000 on construction contractors that use the results of
tests of construction materials or construction structures of unqualified laboratories;
b/ A fine of between VND
5,000,000 and VND 8,000,000 on construction contractors that commit one of the
following acts: Failing to make completed construction drawings as prescribed;
violating the regulations on warranty of works;
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d/ A fine of between VND
40,000,000 and VND 50,000,000 on construction contractors that commit one of
the following acts: Failing to establish a quality management system; failing
to organize the supervision of construction activities; constructing works at
variance with their designs; constructing works at variance with the
construction rules or standards, thus badly affecting the quality of the works
or cause incidents to the works.
2. Apart from the sanctioning
forms specified in Clause 1 of this Article, the violating construction
contractors shall also be forced to strictly comply with the regulations on
management of the quality of construction works.
Article
18.- Sanctioning of construction contractors that violate the regulations
on testing of, payment for completed volumes
1. Fines:
a/ A fine of between VND
10,000,000 and VND 15,000,000 on construction contractors that delay the
finalization of dossiers and documents in service of the testing of, payment and
settlement for, works as prescribed;
b/ A fine of between VND
15,000,000 and VND 25,000,000 on construction contractors that commit one of
the following acts: Sham testing; testing wrong volumes; distorting the payment
or settlement value.
2. Apart from the sanctioning
forms specified in Clause 1 of this Article, the violating construction
contractors shall also be subject to the application of the following measures:
a/ Forcible cancellation of the
results of testing, payment or settlement, for violations specified at Point b,
Clause 1 of this Article;
b/ Forcible compliance with the
regulations on testing of, payment and settlement for, construction items and
works.
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Article
19.- Sanctioning of construction consultancy contractors that violate the
regulations on conditions on construction consultancy practicing and providing
capability
1. Fines:
a/ A fine of between VND
3,000,000 and VND 5,000,000 on construction consultancy contractors that
operate against regulations; individuals who carry out construction consultancy
activities at variance with their practicing certificates;
b/ A fine of between VND
5,000,000 and VND 7,000,000 on construction consultancy contractors that
undertake construction consultancy contracts beyond their capability as
prescribed;
c/ A fine of between VND
7,000,000 and VND 10,000,000 on construction consultancy contractors that
commit one of the following acts: leasing or lending their names;
d/ A fine of between VND
10,000,000 and VND 15,000,000 on construction consultancy contractors that use
the names of other organizations or individuals for carrying out construction
consultancy activities or practicing the construction consultancy profession;
individuals who carry out construction consultancy activities without
practicing certificates.
2. Apart from the sanctioning
forms specified in Clause 1 of this Article, the violating construction consultancy
contractors shall be also subject to the application of the following
additional sanctioning form and measures:
a/ Suspension of construction
consultancy activities, for violations specified at Points b and d, Clause 1 of
this Article;
b/ Deprivation of the right to
use practicing certificates, for violations specified at Points a and c, Clause
1 of this Article;
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Article
20.- Sanctioning of construction consultancy contractors that violate the
regulations on construction consultancy biddings
1. Fines:
a/ A fine of between VND
10,000,000 and VND 15,000,000 on construction consultancy contractors that
arrange executive staff at variance with their bids and the contracts for
assignment and receipt of construction consultancy bids;
b/ A fine of between VND
15,000,000 and VND 20,000,000 on construction consultancy contractors that
commit one of the following acts: Manipulating biddings; purchasing, selling
construction consultancy bids.
2. Apart from the sanctioning
forms specified in Clause 1 of this Article, the violating construction
consultancy contractors shall be also subject to the application of one of the
following measures:
a/ Forcible cancellation of the
bidding results, for violations specified at Point b, Clause 1 of this Article;
b/ Forcible compliance with the
regulations on construction consultancy biddings.
Article
21.- Sanctioning of construction consultancy contractors that violate the
regulations on construction rules, construction standards, use invalid data and
documents in construction consultancy activities
1. Fines:
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b/ A fine of between VND
7,000,000 and VND 10,000,000 on construction consultancy contractors that use
invalid, inaccurate or irrelevant data and documents;
c/ A fine of between VND
10,000,000 and VND 20,000,000 on construction consultancy contractors that
commit one of the following acts: Failing to use construction rules,
construction standards or using wrong ones.
2. Apart from the sanctioning
forms specified in Clause 1 of this Article, the violating consultancy
contractors shall be also forced to strictly comply with the regulations on
construction consultancy activities.
Article
22.- Sanctioning of construction consultancy contractors that violate the
regulations on management of the quality of construction works
1. A fine of between VND
15,000,000 and VND 20,000,000 on construction consultancy contractors that
violate the regulations on management of the quality of construction works,
thereby badly affecting the quality of the works or cause incidents to the
works.
2. Apart from the sanctioning
forms specified in Clause 1 of this Article, the violating construction
consultancy contractors shall be also subject to the application of one or more
of the following measures:
a/ Forcible compensation for
damage caused by their administrative violations;
b/ Forcible compliance with the
regulations on management of the quality of construction works.
Article
23.- Sanctioning of construction consultancy contractors that violate the
regulations on the professional liability insurance regime
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2. Apart from the sanctioning
forms specified in Clause 1 of this Article, the violating construction
consultancy contractors shall be also forced to buy professional liability
insurance.
Article
24.- Sanctioning of construction consultancy contractors that violate the
regulations on testing of, payment and settlement for, construction works
1. Fines:
a/ A fine of between VND
8,000,000 and VND 10,000,000 on construction consultancy contractors that
commit one of the following acts: Delaying the finalization of dossiers and
documents for payment and settlement as prescribed;
b/ A fine of between 10,000,000
and VND 15,000,000 on construction consultancy contractors that commit one of
the following acts: Sham testing; testing wrong volumes; distorting the payment
or settlement values in the construction consultancy and construction
contracts.
2. Apart from the sanctioning
forms specified in Clause 1 of this Article, the violating construction consultancy
contractors shall be also subject to the application of the following measures:
a/ Forcible cancellation of the
payment or settlement results, for violations specified at Point b, Clause 1 of
this Article;
b/ Forcible compliance with the
regulations on testing of, payment and settlement for, construction works.
Chapter III
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Section I.
SANCTIONING FORMS AND LEVELS FOR ADMINISTRATIVE VIOLATIONS OF THE REGULATIONS
ON URBAN INFRASTRUCTURE MANAGEMENT
Article
25.- Sanctioning of organizations, individuals that violate the regulations
on protection of the safety areas of underground water wells
1. A caution or a fine of
between VND 50,000 and VND 200,000 for one of the following acts: Defecating or
urinating, dumping human wastes and garbage; rearing animals; growing trees,
vegetables, subsidiary crops, and committing other violations in the safety
areas of underground water wells.
2 A fine of between VND 200,000
and VND 500,000 for one of the following acts: Digging water pits, garbage
pits, excrement pits, lime pits; burying carcasses, toxic substances in the
safety areas of underground water wells.
3. Apart from the sanctioning
forms specified in Clause 1 and Clause 2 of this Article, the violating
organizations or individuals shall also be forced to remedy the pollution
caused by their administrative violations.
Article
26.- Sanctioning of organizations, individuals that violate the regulations
on protection of the safety areas of surface water sources
1. A caution or a fine of
between VND 50,000 and VND 100,000 on one of the following acts: Bathing,
washing clothes; rearing, tending animals in the areas of surface water
sources; mooring boats, rafts; building ferry-landing docks in the areas of
surface water sources.
2. Fines:
a/ A fine of between VND 400,000
and 500,000 on one of the following acts: washing equipment, vehicles;
discharging oil, grease, toxic chemicals; dumping garbage, carcasses, plants,
thereby polluting surface water sources;
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c/ A fine of between VND
4,000,000 and VND 5,000,000 on acts of constructing works of any type on the
ground, above the water surface or underwater in the areas for protection of
surface water sources without permission of competent authorities.
3. Apart from the sanctioning
forms specified in Clause 1 and Clause 2 of this Article, the violating
organizations or individuals shall be subject to the following additional
sanction and the application of one or more of the following measures:
a/ Confiscation of material
evidences and/or means used in the administrative violations, for violations
specified at Point c, Clause 2 of this Article;
b/ Forcible restoration of the
original state which has been altered due to their administrative violations or
forcible dismantlement of the violating parts of works or works;
c/ Forcible remedy of the
pollution caused by their administrative violations.
Article
27.- Sanctioning of organizations, individuals that violate the regulations
on protection of the safety corridors of crude water mains and clean water
pipelines
1. Fines:
a/ A fine of between VND 200,000
and VND 400,000 for one of the following acts: Dumping garbage, dirty water;
discharging earth, stones, building materials or leaving other things within
the safety corridors of crude water mains or clean water pipelines;
b/ A fine of between VND 300,000
and VND 500,000 for one of the following acts: Digging or removing earth and
stones in the safety corridors of crude water mains or clean water pipelines;
encroaching upon the safety corridors of crude water mains or clean water
pipelines for use for other purposes.
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a/ Confiscation of material
evidences and/or means used in the administrative violations;
b/ Forcible remedy of the
pollution caused by their administrative violations;
c/ Forcible restoration of the
original state which has been altered due to their administrative violations;
d/ Forcible compliance with the
regulations on safe protection of crude water mains and clean water pipelines.
Article
28.- Sanctioning of organizations, individuals that commit violations of
safe protection of technical facilities belonging to the water supply system
1. A fine of between VND 300,000
and VND 500,000 for one of the following acts: Discharging excrements, garbage,
defecating, urinating; rearing animals; growing trees, vegetables, subsidiary
crops in; violating the safety regulations, encroaching restricted areas as
prescribed and committing other violations in the safety areas of water towers,
reservoirs, and other technical facilities belonging to the water supply
system.
2. Apart from the sanctioning
forms specified in Clause 1 of this Article, the violating organizations or
individuals shall be subject to the following additional sanction and the application
of one or more of the following measures:
a/ Confiscation of material
evidences and/or means used in the administrative violations;
b/ Forcible remedy of the
pollution caused by their administrative violations;
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Article
29.- Sanctioning of organizations, individuals that violate the regulations
on protection and use of urban water supply networks
1. Fines:
a/ A fine of between VND 300,000
and VND 500,000 for one of the following acts: Connecting water supply
pipelines, changing the diameter of water supply pipelines at variance of
regulations; using water where it has not gone through water meters; distorting
the readings of water meters; arbitrarily changing the position, size and type
of water meters; removing seals or lead seals of measuring or counting devices
at variance with regulations;
b/ A fine of between VND 500,000
and VND 1,000,000 for one of the following acts: Damaging water supply
pipelines, technical equipment of the water supply system; displacing
pipelines, technical equipment of the water supply system at variance with
regulations; installing water supply pipelines without permits; using water
from water supply networks for fire prevention and fight or fireplugs for
purposes other than the prescribed ones.
2. Apart from the sanctioning
forms specified in Clause 1 of this Article, the violating organizations or
individuals shall be subject to the following additional sanction and the
application of the following measure:
a/ Confiscation of material
evidences and/or means used in the administrative violations;
b/ Forcible restoration of the
original state which has been altered due to their administrative violations.
Article
30.- Sanctioning of organizations, individuals that violate the regulations
on protection and use of the water drainage system
1. A caution or a fine of
between VND 100,000 and VND 200,000 for one of the following acts: Discharging
soil, rock, materials, garbage into rivers, lakes, canals, ditches, culverts,
sluices; growing trees, vegetables, duckweeds, or committing other acts that
block the flow of water drainage system.
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a/ A fine of between VND 300,000
and VND 500,000 for one of the following acts: Connecting or displacing without
permission underground sluices, culverts; discharging toxic substances into the
public water drainage system;
b/ A fine of between VND 500,000
and VND 1,000,000 for one of the following acts: filling up canals, ditches,
ponds, lakes for public water drainage in contravention of regulations.
3. Apart from the sanctioning
forms specified in Clause 1 and Clause 2 of this Article, the violating
organizations or individuals shall be subject to the following additional
sanction and the application of one or more of the following measures:
a/ Confiscation of material
evidences and/or means used in the administrative violations;
b/ Forcible restoration of the
original state which has been altered due to their administrative violations or
forcible dismantlement of the violating parts of works or works;
c/ Forcible remedy of the
pollution caused by their administrative violations.
Article
31.- Sanctioning of organizations, individuals that violate the regulations
on protection of parks, public greenery
1. A caution or a fine of
between VND 50,000 and VND 100,000 on organizations, individuals that commit
one of the following acts: Damaging ornamental trees, flower gardens, lawns,
driving nails into trees; throwing rubbish not at prescribed places; grazing
buffaloes, cows, horses and other animals in parks or public places at variance
with regulations.
2. Fines:
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b/ A fine of between VND 500,000
and VND 1,000,000 for one of the following acts: Using works located in parks
not for the right purposes; damaging cultural works, service facilities, public
works in parks.
3. Apart from the sanctioning
forms specified in Clause 1 and Clause 2 of this Article, the violating
organizations or individuals shall be subject to the application of the
following measures:
a/ Forcible restoration of the
original state which has been altered due to the administrative violations, for
violations specified at Point b, Clause 2 of this Article;
b/ Forcible compliance with the
regulations on protection and use of works in parks, protection of public
greenery.
Article
32.- Sanctioning of organizations, individuals that violate the regulations
on protection, use of pavements, roadways and roadsides
1. A caution or a fine of
between VND 100,000 and VND 200,000 on owners of transport means dropping loose
materials, waste or discarded matters while carrying them, thus making streets
dirty.
2. A fine of between VND 400,000
and VND 500,000 on organizations, individuals that commit one of the following
acts: Digging, destroying, damaging pavements, roadways or roadsides without
permits or in contravention of permits.
3. Apart from the sanctioning
forms specified in Clause 1 and Clause 2 of this Article, the violating
organizations or individuals shall be subject to the following additional sanction
and the application of the following measure:
a/ Confiscation of material
evidences and/or means used in the administrative violations, for violations
specified in Clause 2 of this Article;
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Article
33.- Sanctioning of organizations, individuals that commit violations in
gathering, transporting and dumping garbage
1. A caution or a fine of
between VND 50,000 and VND 100,000 on organizations, individuals that dump
garbage not at the prescribed places.
2. A fine of between VND 300,000
and VND 500,000 for organizations, individuals that gather or transport garbage
at variance with regulations.
3. Apart from the sanctioning
forms specified in Clause 1 and Clause 2 of this Article, the violating
organizations or individuals shall be subject to the application of the
following measures:
a/ Forcible remedy of the
pollution caused by their administrative violations;
b/ Forcible compliance with the
regulations on environmental safety and protection.
Article
34.- Sanctioning of organizations, individuals that violate the regulations
on protection, use of the public lighting system
1. A fine of between VND 200,000
and VND 400,000 for one of the following acts: Damaging, illegally displacing;
using equipment in the public lighting system at variance with regulations.
2. Apart from the sanctioning
forms specified in Clause 1 of this Article, the violating organizations or
individuals shall be subject to the following additional sanction and the
application of the following measure:
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b/ Forcible restoration of the
original state which has been altered due to their administrative violations.
Article
35.- Sanctioning of organizations, individuals that violate the regulations
on protection, use of the system of tunnels, technical ditches and other urban
infrastructural works
1. A fine of between VND 300,000
and VND 500,000 for one of the following acts: Using the system of tunnels,
technical ditches without permits or not for the right purposes; digging,
displacing, connecting tunnels, technical ditches without permission; violating
the regulations on management and safe protection of other infrastructural
works.
2. Apart from the sanctioning
forms specified in Clause 1 of this Article, the violating organizations or
individuals shall be subject to the following additional sanction and the
application of the following measure:
a/ Confiscation of material
evidences and/or means used in the administrative violations;
b/ Forcible restoration of the
original state which has been altered due to their administrative violations.
Article
36.- Sanctioning of organizations which are assigned to manage, operate,
exploit urban infrastructural works or services but violate the regulations on
management, operation and exploitation of urban infrastructural works and
services
1. Fines:
a/ A fine of between VND 500,000
and VND 1,000,000 for acts of failing to erect fences; failing to put up signal
boards and failing to issue regulations on safe protection of urban
infrastructural works;
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c/ A fine of between VND
3,000,000 and VND 5,000,000 for failing to maintain or repair urban
infrastructural works according to regulations.
2. Apart from the sanctioning
forms specified in Clause 1 of this Article, the violating organizations shall also
be forced to strictly comply with the regulations on management, operation and
exploitation of urban infrastructural works and services.
Section II.
SANCTIONING FORMS AND LEVELS FOR VIOLATIONS OF THE REGULATIONS ON HOUSE USE
MANAGEMENT
Article
37.- Sanctioning of organizations, individuals that violate the regulations
on registration of transfer of ownership of dwelling houses
1. Fines:
a/ A fine of between VND 500,000
and VND 1,000,000 on organizations, individuals that bought, inherited,
donated, divided dwelling houses before this Decree is promulgated but fail to
carry out procedures to register the transfer of ownership of such dwelling
houses within 12 months after the date this Decree takes effect;
b/ A fine of between VND
1,000,000 and VND 2,000,000 on organizations, individuals that inherit, donate
or divide dwelling houses but fail to carry out the procedures to register the
transfer of ownership of such dwelling houses as prescribed within 6 months
afterwards;
c/ A fine of between VND 2,000,000
and VND 3,000,000 for organizations, individuals that buy dwelling houses but
fail to carry out the procedures to register the transfer of ownership as
prescribed by law within 6 months, counting from the date of signing of the
dwelling house sale and purchase contracts.
For the cases of purchase of
dwelling houses on deferred payment, the above-said time limit shall start from
the time the purchasers make the full payment.
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Article
38.- Sanctioning of organizations, individuals that violate the regulations
on management of the use of condominiums
1. A caution or a fine of
between VND 100,000 and VND 200,000 for one of the following acts: Using or
letting other persons to use not for the prescribed purposes; disturbing the
order and security of, polluting, condominiums.
2. Fines:
a/ A fine of between VND 200,000
and VND 300,000 for one of the following acts: Modifying without permission the
structure, design (building partition walls on the floor, relocating equipment
and technical systems under joint ownership);
b/ A fine of between VND 300,000
and VND 500,000 for one of the following acts: Breaking, renovating, building
extensions in any form; dismantling or changing the force-bearing structures,
the system of technical infrastructure, equipment and devices under common use,
exterior architecture of condominiums.
3. Apart from the sanctioning
forms specified in Clause 1 and Clause 2 of this Article, the violating
organizations or individuals shall also be subject to the following additional
sanction and the application of one or more of the following measures:
a/ Confiscation of material
evidences and/or means used in the administrative violations;
b/ Forcible restoration of the
original state which has been altered due to the administrative violations;
forcible dismantlement of parts of works or works, for violations specified in
Clause 2 of this Article;
c/ Forcible compliance with the
regulations on use of condominiums.
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1. A fine of between VND
3,000,000 and VND 5,000,000 on organizations or agencies that commit one of the
following acts: Using public working offices for the wrong purposes;
transferring public working offices at variance with regulations.
2. Apart from the sanctioning
forms specified in Clause 1 of this Article, the violating organizations or
agencies shall be forced to strictly comply with the State's regulations on
management and use of public working offices.
Article
40.- Sanctioning of organizations, individuals that violate the regulations
on renting of houses to foreigners or overseas Vietnamese
1. Fines:
a/ A fine of between VND
3,000,000 and VND 5,000,000 for renting houses to foreigners or overseas
Vietnamese after the contracts have expired for more than 30 days;
b/ A fine of between VND
4,000,000 and VND 6,000,000 for renting houses to foreigners or overseas
Vietnamese without house renting contracts or with invalid house renting
contracts.
2. Apart from the sanctioning
forms specified in Clause 1 of this Article, the violating organizations or
individuals shall also be forced to strictly comply with the regulations on
house renting.
Article
41.- Sanctioning of foreign organizations and individuals, overseas
Vietnamese that violate the regulations on house renting contracts, transfer of
house renting contracts or house sub-letting in Vietnam
1. Fines:
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b/ A fine of between VND
4,000,000 and VND 6,000,000 on the house tenants without house renting
contracts or with invalid contracts;
c/ A fine of between VND 6,000,000
and VND 8,000,000 on the house tenants who transfer their house renting
contracts or sub-letting dwelling houses at variance with regulations.
2. Apart from the sanctioning
forms specified in Clause 1 of this Article, the violating organizations or
individuals shall be also subject to the application of the following measures:
a/ Forcible cancellation of the
house renting, for violations specified at Points b and c, Clause 1 of this
Article;
b/ Forcible compliance with the
regulations on house renting contracts, for violations specified at Point a,
Clause 1 of this Article.
Article
42.- Sanctioning of overseas Vietnamese that violate the regulations on
purchase of dwelling houses in Vietnam
1. A fine of between VND
10,000,000 and VND 12,000,000 on the parties that purchase dwelling houses at
variance with law provisions.
2. Apart from the sanctioning
forms specified in Clause 1 of this Article, the violating house purchasers
shall be also forced to strictly comply with the State regulations on house
purchase and sale applicable to overseas Vietnamese purchasing dwelling houses
in Vietnam.
Chapter IV
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Section I.
COMPETENCE TO SANCTION ADMINISTRATIVE VIOLATIONS
Article
43.- Sanctioning competence of commune-level People's Committee presidents
1. To serve cautions or impose
fines depending on the violation acts and their seriousness specified in
Article 6; Article 7; Article 8; Article 15; Article 25; Clause 1, Point a of
Clause 2 of Article 26; Article 27; Article 28; Point a of Clause 1 of Article
29; Clause 1, Point a of Clause 2 of Article 30; Clause 1, Point a of Clause 2
of Article 31; Article 32; Article 33; Article 34; Article 35 and Article 38 of
this Decree, with the fine amounts not exceeding VND 500,000.
2. To apply additional
sanctioning forms.
To confiscate material evidences
and/or means used in administrative violations, which are valued at up to VND
500,000.
3. To apply remedial measures:
a/ To force the restoration of
the original state which has been altered due to administrative violations;
b/ To force the remedy of the
environmental pollution caused by administrative violations.
4. To temporarily seize material
evidences and/or means used for commission of administrative violations.
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1. To issue cautions or impose
fines depending on the violation acts and their seriousness specified in
Articles 6; Article 7; Article 8, Article 15; Article 16; Article 25; Article
26; Article 27; Article 28; Article 29; Article 30; Article 31; Article 32;
Article 33; Article 34; Article 35; Article 36; Article 38; and Article 39 of
this Decree, with the fine amounts not exceeding VND 20,000,000.
2. To apply additional
sanctioning forms:
a/ To confiscate material
evidences and/or means used in administrative violations;
b/ To deprive of the right to
use permits falling under their competence.
3. To apply remedial measures:
a/ To force the restoration of
the original state which has been altered due to administrative violations; to
force the dismantlement of parts of works or works;
b/ To force the remedy of the
environmental pollution caused by administrative violations.
Article
45.- Sanctioning competence of provincial-level People's Committee
presidents
To impose fines of up to the
maximum level for all acts of administrative violation prescribed in this Decree
and, have other powers defined in Article 30 of the 2002 Ordinance on Handling
of Administrative Violations.
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1. Construction inspectors on
duty shall be entitled:
a/ To impose cautions or fines
depending on the violation acts and their seriousness specified in Clause 1 of
Article 6; Article 7; Article 8; Point a of Clause 1 of Article 15; and Clause
1 of Article 38 of this Decree, with the fine amounts not exceeding VND
200,000;
b/ To apply additional
sanctioning forms: To confiscate material evidences and/or means used in
administrative violations, which are valued at up to VND 2,000,000;
c/ To force the restoration of
the original state which has been altered due to administrative violations;
d/ To force the remedy of the
environmental pollution caused by administrative violations.
2. Traffic-public works
inspectors on duty shall be entitled:
a/ To impose cautions or fines
depending on the violation acts and their seriousness specified in Clause 1 of
Article 25; Clause 1 of Article 26; Clause 1 of Article 30; Clause 1 of Article
31; Clause 1 of Article 32 and Clause 1 of Article 33 of this Decree, with the
fine amounts not exceeding VND 200,000;
b/ To confiscate material
evidences and/or means used in administrative violations, which are valued at
up to VND 2,000,000;
c/ To force the restoration of
the original state which has been altered due to administrative violations;
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3. Land and house inspectors on
duty shall be entitled:
a/ To impose cautions or fines
depending on the violation acts and their seriousness specified in Clause 1 of
Article 38 of this Decree, with the fine amounts not exceeding VND 200,000;
b/ To apply additional
sanctioning forms: To confiscate material evidences and/or means used in
administrative violations, which are valued at up to VND 2,000,000;
c/ To force the restoration of
the original state which has been altered due to administrative violations;
d/ To force the remedy of the
environmental pollution caused by administrative violations.
4. Sanctioning competence of
chief inspectors (construction, traffic-public works, and land and house) of
relevant provincial/municipal Services:
a/ To impose cautions or fines
depending on the violation acts and their seriousness for all acts of violating
the provisions of this Decree according to their respective State management
functions, with the fine amounts not exceeding VND 20,000,000;
b/ To confiscate material
evidences and/or means used in administrative violations;
c/ To deprive of the right to
use permits and practicing certificates according to their respective
competence;
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e/ To force the remedy of the
environmental pollution caused by administrative violations; to force the
dismantlement of parts of works or works;
5. Sanctioning competence of the
chief inspector of the Construction Ministry:
To impose fines of up to the
maximum level for acts of violating the provisions of this Decree, and have the
powers defined in Clause 3, Article 38 of the 2002 Ordinance on Handling of
Administrative Violations.
6. Sanctioning competence of
specialized State inspectorates:
Persons with sanctioning
competence of the specialized State inspectorates shall have competence to
sanction administrative violations prescribed in this Decree and falling within
the scope of their respective State management functions.
7. The organization and
operation of the specialized construction inspectorate shall be prescribed by
the Government.
Article
47.- Principles for determining the administrative violation-sanctioning
competence
1. The presidents of the
People's Committees at all levels shall have competence to sanction acts of
violation prescribed by this Decree within the scope of their State management
in their localities.
2. The administrative
violation-sanctioning competence of specialized inspectorates is defined in
Article 46 of this Decree.
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Section II.
PROCEDURES FOR SANCTIONING ADMINISTRATIVE VIOLATIONS
Article
48.- Making records on acts of violation
1. Upon detecting administrative
violations in construction activities, urban infrastructure management or house
use management, the competent persons must promptly stop such acts of
violation, sanction them according to simple procedures or make records of the
violations and transfer them to competent persons for sanctioning.
2. Records shall be made with
the full contents according to a set form.
A record must be made in at
least 2 copies, one of which to be handed to the violating organization or
individual and the other to be filed for sanctioning; for acts of violation
falling beyond one's competence, the dossiers of the violations shall be
transferred to competent authorities for settlement.
Article
49.- Time limits for issuance of sanctioning decisions, payment and
collection of fines
1. Within 10 working days as
from the time of marking records on the acts of administrative violation, the
competent persons must issue sanctioning decisions. For cases involving many
complicated circumstances, the time limit for issuing sanctioning decisions
shall not exceed 30 days. Sanctioning decisions must be sent to the sanctioned
organizations or individuals as well as the fine-collecting agencies within 3
days as from the date of their issuance.
2. The violating organizations
or individuals must, within 10 days as from the date of being handed the
sanctioning decisions, pay fines at the places indicated in the sanctioning
decisions, for which they shall be given receipts.
3. In case of sanctioning
administrative violations in the form of a caution or a fine of up to VND
100,000, the persons with sanctioning competence shall issue sanctioning
decisions on spot without having to make records thereon, and at the same time
issue receipts to the sanctioned persons according to regulations.
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1. Organizations or individuals
sanctioned for administrative violations must comply with the sanctioning
decisions within 10 working days as from the date of receiving such decisions.
2. If organizations or
individuals sanctioned for administrative violations fail to voluntarily comply
with the sanctioning decisions, they shall be forced to do so.
Article
51.- Competence to issue decisions to force, and forcing of, the compliance
with administrative violation-sanctioning decisions
1. The presidents of the
People's Committees at all levels, the specialized chief inspectors of
provincial/municipal Services, and the specialized chief inspectors of
ministries shall have competence to issue coercion decisions, and organize the
coercion within 10 working days after the expiry of the time limit stated in
the sanctioning decisions if the sanctioned organizations or individuals fail
to comply with the sanctioning decisions.
2. If organizations or
individuals sanctioned for administrative violations fail to voluntarily comply
with the sanctioning decisions, they shall be forced to strictly comply with
such decisions by the following measures:
a/ Subtracting part of their
salaries or incomes, subtracting money in their bank accounts;
b/ Distraining their assets of a
value equal to the imposed fine amounts for auction;
c/ Forcing the dismantlement of
the violating parts of works or works already built; confiscating material
evidences and/or means used in their administrative violations; forcing the
restoration of the original state already altered due to their administrative violations;
forcing the application of measures to remedy the environmental pollution.
3. The organizations or
individuals subject to the coercion decisions must strictly comply with such
decisions and bear all expenses for the organization of the application of the
coercive measures.
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Article
52.- Confiscation and handling of material evidences and/or means
1. When applying the form of
confiscating material evidences and/or means used in administrative violations,
the persons with handling competence must make records thereon and issue
decisions to confiscate such material evidences and/or means, made according to
a set form.
2. The issuers of the decisions
to confiscate material evidences and/or means shall have to organize the
preservation thereof or ask the violators to manage by themselves such material
evidences and/or means pending the handling thereof.
3. In case of necessity, the
material evidences and/or means used in administrative violations must be
sealed up.
4. The material evidences and/or
means confiscated in administrative violations must be handled according to
current regulations.
Chapter V
COMPLAINTS,
DENUNCIATIONS, COMMENDATION, HANDLING OF VIOLATIONS
Article
53.- Complaints, denunciations
1. Organizations or individuals
sanctioned for administrative violations or their lawful representatives may
complain about the sanctioning decisions of the competent persons according to
the law provisions on complaints and denunciations. Pending the settlement of
their complaints by competent agencies, the sanctioned organizations or
individuals must still comply with the sanctioning decisions, except for the
case of forcible dismantlement of the violating parts of works or works.
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2. Vietnamese citizens shall
have the right to denounce to competent State bodies organizations and individuals
that commit acts of administrative violation prescribed in this Decree and
denounce persons with administrative violation-sanctioning competence who abuse
their powers to act against the provisions of this Decree.
3. The procedures for lodging
complaints and denunciations and for settling complaints shall comply with the
law provisions on complaints and denunciations.
Article
54.- Commendation
Organizations and individuals
that make achievements in the management of construction order, urban infrastructure
management and house use management shall be commended and/or rewarded in time
according to law provisions.
Article
55.- Handling of violations
1. If the persons with
administrative violation-sanctioning competence abuse their powers, tolerate,
cover up, fail to sanction, sanction administrative violations lately,
improperly or beyond their prescribed powers and responsibilities, they shall,
depending on the nature and seriousness of their violations, be disciplined or
examined for penal liability; and, if causing material damage, pay compensation
therefor according to law provisions.
2. If organizations and
individuals that violate the provisions of this Decree fail to comply with the
sanctioning decisions, they shall be forced to do so; if obstructing or
opposing the officials on duty or employ deceitful tricks or offer bribes in
order to shirk the examination, inspection and sanctioning by competent
persons, they shall, depending on the nature and seriousness of their
violations, be handled according to law provisions.
Chapter VI
IMPLEMENTATION PROVISIONS
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This Decree takes effect 15 days
after its publication in the Official Gazette and replaces the Government's
Decree No. 48/CP of May 5, 1997 on sanctioning of administrative violations in
management of construction, management of houses and urban technical
infrastructural works.
Article
57.- Implementation guidance
The Ministry of Construction
shall have to guide and examine the implementation of this Decree.
Article
58.- Implementation responsibility
The ministers, the heads of the
ministerial-level agencies, the heads of the Government-attached agencies and
the presidents of the provinces and centrally-run cities shall have to
implement this Decree.
ON
BEHALF OF THE GOVERNMENT
PRIME MINISTER
Phan Van Khai