THE
GOVERNMENT
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SOCIALIST
REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
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No:
53/2007/ND-CP
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Hanoi
, April 04, 2007
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DECREE
STIPULATING THE SANCTIONING OF ADMINISTRATIVE VIOLATIONS IN THE
DOMAIN OF PLANNING AND INVESTMENT
THE GOVERNMENT
Pursuant to the December 25,
2001 Law on Organization of the Government;
Pursuant to the December 10, 2003 Law on Cooperatives;
Pursuant to the November 29, 2005 Law on Enterprises;
Pursuant to the November 29, 2005 Law on Investment;
Pursuant to the November 29, 2005 Law on Bidding;
Pursuant to the July 2, 2002 Ordinance on Handling of Administrative
Violations;
At the proposal of the Minister of Planning and Investment,
DECREES:
Chapter I
GENERAL PROVISIONS
Article 1.- Scope
of regulation
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2. Administrative violations in
the domain of planning and investment are acts of violation of State
regulations on planning and investment intentionally or unintentionally
committed by organizations or individuals which do not constitute criminal
offenses but, according to the provisions of the Ordinance on Handling of
Administrative Violations and this Decree, are subject to administrative
sanction.
3. Acts of administrative
violation in the domain of planning and investment provided in this Decree
include:
a/ Violations of regulations on
socio-economic development plans and plannings;
b/ Violations of regulations on
investment with state capital;
c/ Violations of regulations on
investment by investors, business registration by enterprises, cooperatives,
cooperatives' unions and business households;
d/ Violations of regulations on
planning and investment inspection and supervision.
4. Acts of administrative
violation in another specialized domain are subject to the provisions of law
applicable to such domain.
Article 2.-
Subjects of application
1. Vietnamese organizations and
individuals committing acts of administrative violation in the domain of
planning and investment shall be administratively sanctioned under the
provisions of this Decree.
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Laborers who work under contract
in State agencies or organizations committing acts specified in Chapter II of
this Decree while performing their official duties shall be handled according
to the terms of their labor contracts.
2. Foreign organizations and
individuals committing acts of administrative violation in the domain of
planning and investment shall be sanctioned under the provisions of this
Decree. When a treaty to which the Socialist Republic of Vietnam is a
contracting party contains different provisions on the same issue, the
provisions of that treaty shall be applied.
Article 3.-
Principles of sanctioning of administrative violations in the domain of
planning and investment
1. Acts of administrative
violation shall be promptly detected and immediately stopped. Administrative
sanctions shall be imposed in a rapid, just and thorough manner under the
provisions of the Ordinance on Handling of Administrative Violations and this
Decree. Consequences caused by acts of violation must be redressed in accordance
with law.
2. Organizations and individuals
shall be administratively sanctioned only when they commit administrative
violations specified in this Decree.
3. An organization that is
administratively sanctioned shall clearly determine the legal liability and
financial obligation of individuals who are at fault in the administrative
violation right after it completely serves the sanctioning decision in
accordance with law.
4. Administrative violations
shall be sanctioned by competent persons according to procedures prescribed by
law.
5. An act of administrative
violation shall be sanctioned only once. Organizations or individuals
committing more than one administrative violation shall be sanctioned for each.
Many organizations and individuals committing one act of administrative
violation shall each be sanctioned.
If the form of sanction is fine,
an aggregate fine shall be imposed under a single sanctioning decision which
determines the form and level of sanction for each act of violation.
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7. No sanction shall be imposed
on administrative violations committed in urgent circumstances, legitimate self
defense or sudden events or committed by persons who suffer from mental
diseases or other diseases that deprive them of the ability to perceive or
control their acts.
Article 4.-
Statute of limitations for sanctioning administrative violations in the domain
of planning and investment
1. The statute of limitations
for sanctioning administrative violations is one year, counting from the date
of commission of administrative violations. Particularly for acts of
administrative violation in the domain of planning and investment which are
related to construction, the statute of limitations for sanctioning is two
years, counting from the date of commission of administrative violations.
Past the above statute of
limitations, a violator shall not be sanctioned but shall still be forced to
take remedies specified in Clause 3, Article 5 of this Decree.
2. For individuals against whom
a criminal case was instituted, who were prosecuted or against whom a decision
to bring a criminal case for trial was issued according to criminal procedures
but then a decision on investigation termination or criminal case termination
was issued, if their acts show signs of administrative violation, they shall be
administratively sanctioned; in this case, the statute of limitations for
sanctioning is three months, counting from the date the person with sanctioning
competence receives the termination decision and the dossier of the violation.
3. Within the period of time
specified in Clause 1 or Clause 2 of this Article, if an organization or individual
commits a new act of administrative violation in the same domain of the
previous violation or intentionally shirks or obstructs the sanctioning, the
statute of limitations specified in Clause 1 or 2 of this Article shall not be
applied; in this case, the statute of limitations for sanctioning
administrative violations shall start from the time of commission of the new
act of administrative violation or the time of termination of the act of
shirking or obstructing the sanctioning.
Article 5.-
Forms of sanction against administrative violations and remedies to
consequences in the domain of planning and investment
1. For every act of
administrative violation, the violating organization or individual is subject
to either of the following principal sanctions:
a/ Caution;
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The maximum fine is VND
70,000,000.
2. Depending on the nature and
severity of violation, a violating organization or individual may also be
subject to an additional sanction of deprivation of the right to use practice
certificate.
3. Depending on the nature and
severity of violation, a violating organization or individual may also be
forced to take one or several remedies specified in the articles of Chapter II
of this Decree.
Chapter II
FORMS AND LEVELS OF
SANCTION AGAINST ACTS OF ADMINISTRATIVE VIOLATION IN THE DOMAIN OF PLANNING AND
INVESTMENT
Section 1.
FORMS AND LEVELS OF SANCTION AGAINST ACTS OF ADMINISTRATIVE VIOLATION RELATED
TO SOCIO-ECONOMIC DEVELOPMENT PLAN AND PLANNING
Article 6.-
Acts of violation of regulations on planning work
1. A fine of between VND
3,000,000 and VND 5,000,000 shall be imposed on organizations or individuals
submitting or approving plans on investment with state capital in contravention
of regulations.
2. A fine of between VND
10,000,000 and VND 20,000,000 shall be imposed on organizations or individuals
using allocated state capital in contravention of regulations.
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4. Apart from the sanction
specified in Clause 1, Clause 2 or Clause 3 of this Article, a violating
organization or individual may be subject to one or both of the following
measures:
a/ Forced use of allocated state
capital according to regulations, for violations specified in Clause 2 of this
Article;
b/ Recovery of capital amounts
advanced in contravention of regulations, for violations specified in Clause 3
of this Article.
Article 7.- Acts
of violation of regulations on socio-economic development planning
1. A caution or a fine of
between VND 100,000 and VND 200,000 shall be imposed on organizations or
individuals formulating a socio-economic development planning in contravention
of the prescribed order and procedures.
2. A fine of between VND
5,000,000 and VND 10,000,000 shall be imposed on organizations or individuals
committing one of the following acts:
a/ Formulating a socio-economic
development planning based on insufficient grounds or with insufficient
contents as prescribed;
b/ Preparing a cost estimate for
making a socio-economic development planning not based on evaluation results;
c/ Paying or finalizing expenses
for making a socio-economic development planning in contravention of
regulations.
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4. Apart from the sanction
specified in Clause 1, Clause 2 or Clause 3 of this Article, a violating
organization or individual shall also be forced to comply with the provisions
of law.
Section 2.
FORMS AND LEVELS OF SANCTION AGAINST ACTS OF ADMINISTRATIVE VIOLATION RELATED
TO INVESTMENT WITH STATE CAPITAL
Article 8.- Acts
of violation of regulations on pre-feasibility study reports (work construction
investment reports), feasibility study reports (work construction investment
projects) or investment reports (econo-technical reports on work construction)
1. A fine of between VND 5,000,000
and VND 7,000,000 shall be imposed on organizations or individuals committing
one of the following acts:
a/ Paying or finalizing expenses
for survey products, pre-feasibility study reports, feasibility study reports
or investment reports in contravention of regulations;
b/ Taking over pre-feasibility
study reports, feasibility study reports or investment reports with
insufficient contents as prescribed.
2. A fine of between VND
7,000,000 and VND 10,000,000 shall be imposed on organizations or individuals
committing one of the following acts:
a/ Preparing, evaluating or
approving survey outlines (tasks) which fail to conform with prescribed
technical standards and contain prescribed contents for making pre-feasibility
study reports, feasibility study reports or investment reports;
b/ Making or evaluating
pre-feasibility study reports, feasibility study reports or investment reports
when investment has not yet been permitted by competent authorities.
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a/ Failing to evaluate
pre-feasibility study reports, feasibility study reports or investment reports
within the prescribed time limit;
b/ Failing to conduct surveys,
make or evaluate pre-feasibility study reports, feasibility study reports or
investment reports according to the prescribed order and procedures;
c/ Making or evaluating
pre-feasibility study reports, feasibility study reports or investment reports
against the approved planning or without approval of competent authorities when
no planning is available yet.
4. Apart from the sanction
specified in Clause 1, Clause 2 or Clause 3 of this Article, a violating
organization or individual may also be subject to one or more of the following
measures:
a/ Forced compliance with
regulations on take-over, payment and finalization, for violations specified in
Clause 1 of this Article;
b/ Forced making, evaluation or
approval of survey outlines (tasks) for making pre-feasibility study reports,
feasibility study reports or investment reports conformable to technical
standards and with proper contents as prescribed, for violations specified at
Point a, Clause 2 of this Article;
c/ Forced survey, making or
evaluation of pre-feasibility study reports, feasibility study reports or
investment reports according to the prescribed order and procedures, for
violations specified at Point b, Clause 3 of this Article;
d/ Forced making or evaluation
of pre-feasibility study reports, feasibility study reports or investment
reports in line with the approved planning, for violations specified at Point
c, Clause 3 of this Article.
Article 9.-
Acts of violation of regulations on survey, designing, and making of cost
estimates and total cost estimates
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a/ Conducting survey without an
approved survey outline (tasks);
b/ Approving a survey outline
(tasks) or a design with insufficient contents or unconformable with technical
standards as prescribed;
c/ Performing steps of survey,
making a design, a cost estimate or total cost estimate in contravention of
regulations;
d/ Making a technical design or
construction drawing design inconsistent with the approved basic design;
e/ Making a technical design,
construction drawing design, cost estimate or total cost estimate inconsistent
with survey results and technical standards as prescribed.
2. A fine of between VND 5,000,000
and VND 7,000,000 shall be imposed on organizations or individuals committing
one of the following acts:
a/ Making a survey outline
(tasks) or a design with insufficient contents or unconformable with technical
standards according to regulations;
b/ Failing to submit for
evaluation or approval a total cost estimate within the prescribed time limit;
c/ Failing to conduct author
supervision according to regulations.
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4. A fine of between VND
10,000,000 and VND 15,000,000 shall be imposed on organizations or individuals
committing one of the following acts:
a/ Modifying, adjusting or
supplementing a design, cost estimate or total cost estimate ultra vires or in
contravention of regulations on management of investment projects;
b/ Improperly applying state
regulations on unit prices, econo-technical norms and expenses when making cost
estimates;
5. Apart from the sanction
specified in Clause 1, Clause 2 or Clause 3 of this Article, a violating
organization or individual may also be subject to one or more of the following
measures:
a/ Forced performance of steps
of making or evaluating a technical design, cost estimate or total cost
estimate according to regulations, for violations specified at Point c, Clause
1 of this Article;
b/ Forced re-making of a survey
outline (tasks), design, cost estimate or total cost estimate according to
regulations, for violations specified at Point b, Point d, Point e, Clause 1,
and Point a, Clause 2 of this Article;
c/ Forced recovery of author
supervision expenses, for violations specified at Point c, Clause 2 of this
Article;
d/ Forced adjustment of a
technical design, cost estimate or total cost estimate according to the
approved basic design or total investment amount, for violations specified in
Clause 3 of this Article;
e/ Forced proper application of
unit prices, econo-technical norms and expenses in cost estimation according to
regulations, for violations specified at Point b, Clause 4 of this Article.
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1. A caution or a fine of
between VND 100,000 and VND 200,000 shall be imposed on organizations or
individuals failing to report on investment supervision or evaluation on time.
2. A fine of between VND
1,000,000 and VND 3,000,000 shall be imposed on organizations or individuals
making investment supervision or evaluation reports with insufficient contents
according to regulations.
3. A fine of between VND
3,000,000 and VND 5,000,000 shall be imposed on organizations or individuals
committing one of the following acts:
a/ Failing to make an investment
supervision or evaluation report;
b/ Making an untruthful or
inaccurate investment supervision or evaluation report.
4. Apart from the sanction
defined in Clause 1, Clause 2 or Clause 3 of this Article, a violating
organization or individual shall also be forced to make an investment
supervision or evaluation report according to regulations.
Article
11.- Acts of violation of regulations on bidding plans
1. A caution or a fine of
between VND 100,000 and VND 200,000 shall be imposed on organizations or
individuals making, submitting or evaluating bidding plans with insufficient
contents as prescribed in the bidding law.
2. A fine of between VND
5,000,000 and VND 10,000,000 shall be imposed on organizations or individuals
using a form of contract in contravention of the bidding law.
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a/ Making, submitting or
evaluating the division of a project into different bidding packages in
contravention of the bidding law for the purpose of designating contractors or
creating opportunities for few contractors to bid;
b/ Preparing, submitting or
evaluating the use of forms of contractor selection other than public bidding
when failing to ensure conditions prescribed by the bidding law;
c/ Approving a bidding plan so
as to allow the selection of contractors when the funding source for the
performance of a bidding package is not available.
4. Apart from the sanction
specified in Clause 1, Clause 2 or Clause 3 of this Article, a violating
organization or individual may also be subject to one or more of the following
measures:
a/ Forced making, submission,
evaluation or approval of a bidding plan according to regulations, for
violations specified in Clause 1 and at Point c, Clause 3 of this Article;
b/ Forced use of a form of
contractor selection or a form of contract according to regulations, for
violations specified in Clause 2, and at Point b, Clause 3 of this Article;
c/ Ban from participating in
bidding activities for between six months and one year, for violations
specified in Clause 3 this Article;
d/ Having the violation
published in the bidding newspaper and bidding website.
Article
12.- Acts of violation of regulations on bid invitation dossiers
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a/ Compiling or hiring
consultants to make a bidding dossier for a construction bidding package
without a technical design enclosed with an approved cost estimate or total
cost estimate;
b/ Failing to make a bidding
dossier evaluation report.
2. A fine of between VND
7,000,000 and VND 10,000,000 shall be imposed on organizations or individuals
committing one of the following acts:
a/ Failing to state in bidding
dossiers important requirements (prerequisite conditions) which bids must meet
unless they will be rejected;
b/ Failing to state appraisal
criteria in bidding dossiers;
c/ Setting forth in bidding
dossiers requirements exceeding the size and nature of bidding packages in
order to limit and prevent the number of bidding contractors.
3. A fine of between VND
10,000,000 and VND 15,000,000 shall be imposed on organizations or individuals
making demands related to specific goods trademarks and origins in bidding
dossiers for bidding packages of goods procurement, construction and
installation or selection of general construction contractors.
4. Apart from the sanction
specified in Clause 1, Clause 2 or Clause 3 of this Article, a violating
organization or individual may be subject to one or more of the following
measures:
a/ Forced compliance with the
provisions of law on bidding;
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c/ Having the violation
published in the bidding newspaper and bidding website.
Article
13.- Acts of violation of regulations on organization of biddings,
selection of contractors and management of contractors
1. A caution or a fine of
between VND 100,000 and VND 200,000 shall be imposed on organizations or
individuals committing one of the following acts:
a/ Publicizing bid invitations
in an insufficient number of times or not according to schedule as prescribed
by the bidding law;
b/ Failing to put signatures for
certification on every original page of a bid as prescribed;
c/ The bid-opening minutes fails
to contain sufficient contents according to regulations.
2. A fine of between VND
5,000,000 and VND 7,000,000 shall be imposed on organizations or individuals
committing one of the following acts:
a/ Distributing bidding dossiers
which have not yet been approved;
b/ Failing to open bids as soon
as closing a bidding according to regulations;
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3. A fine of between VND
7,000,000 and VND 10,000,000 shall be imposed on organizations or individuals
committing one of the following acts:
a/ Failing to publicize bid
invitations according to the bidding law;
b/ Failing to make a bid opening
minutes;
c/ Failing to invite a
sufficient number of contractors or qualified and experienced contractors as
prescribed for restricted bidding;
d/ Setting up a team of bidding
experts failing to meet requirements set by the bidding law;
e/ Holding a bidding when the
capital source for the bidding package has not yet been identified, unless the
capital source of the bidding package is to be arranged by the winning
contractor as stated in the bidding dossier;
f/ Conducting selection of
contractors (from notification of pre-qualification selection to notification
of bid invitations) when the bidding plan has not yet been approved in writing
by the investment decider;
g/ Designating contractors in
contravention of the bidding law.
4. A fine of between VND
10,000,000 and VND 15,000,000 shall be imposed on organizations or individuals
committing one of the following acts:
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b/ Approving the contractor
selection result when no credit commitment has been made yet, for the case
where the capital source for the bidding package must be arranged by the
winning contractor according to the bidding plan;
c/ Allowing contractors to
supplement bids or accepting their bid reduction letters after closure of a
bidding;
5. A fine of between VND
15,000,000 and VND 18,000,000 shall be imposed on organizations or individuals
committing one of the following acts:
a/ Participating in a bidding in
the capacity as a contractor for the bidding package in which such organization
or individual is the bid solicitor;
b/ Deciding on the winning bid
offered by a contractor of which the application for participation in a bidding
for a bidding package under a project of an agency or organization is signed by
a person who has received a job discontinuation decision from such agency or
organization for less than one year;
c/ Individuals personally
participating in organizing a bidding or evaluating bids who are employed by
the investor or bid solicitor, members of the team of bidding experts, bidding
consultants, individuals personally participating in evaluating the contractor
selection results who are employed by the evaluation agency or organization and
the person signing the decision on the contractor selection results failing to
withdraw from their assigned jobs when the person signing the bidding
participation application is their relative (natural parent, parent-in-law,
spouse, natural child, adopted child, daughter-in-law, son-in-law or natural
sibling);
d/ Accepting or proposing the
winning of a bid by a contractor participating in a bidding for goods
procurement or construction and installation for a bidding package of a project
in which this contractor previously provided consultancy services, except for
EPC bidding packages, bidding packages for selection of general designing and
construction contractors or general contractors for turnkey projects.
6. A fine of between VND
18,000,000 and VND 20,000,000 shall be imposed on organizations or individuals
committing one of the following acts:
a/ Abusing one's power and
influence to compel the investor, bid solicitor, the team of bidding experts,
bidding consultants, organizations or agencies evaluating contractor selection
results to nominate winning contractors that fail to meet the requirements and
evaluation criteria set in the bidding dossier;
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7. A fine of between VND
20,000,000 and VND 30,000,000 shall be imposed on organizations or individuals
committing one of the following acts:
a/ The bid solicitor and the
contractor or the state management agency and the bid solicitor and the
contractor conniving together in modifying the bids or conniving with the
evaluation or inspection agency, thereby affecting collective or national
interests;
b/ Two or more contractors
making arrangements or entering into collusion to enable one of them to win in
the same bidding package, the bidding package-performing contractor and the
supervision consultancy contractor, the bidding package-performing contractor and
the agency or organization assigned to test and take over the performance
results entering into collusion.
8. A fine of between VND
30,000,000 and VND 50,000,000 shall be imposed on contractors performing
construction, installation or procurement contracts that enter into collusion
with the supervision consultancy contractor or the take-over agency or
organization to give wrong certification of the quality and volume of the work
or goods in question.
9. Apart from the sanction
specified in Clause 1, Clause 2, Clause 3, Clause 4, Clause 5, Clause 6, Clause
7 or Clause 8 of this Article, a violating organization or individual may also
be subject to one or more of the following measures:
a/ Forced compliance with the
provisions of law on bidding;
b/ Ban from participating in
bidding activities:
For between six months and one
year, for violations specified in Clause 5 of this Article;
For between one year and three
years, for violations specified in Clause 6 of this Article;
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c/ Having the violation
published in the bidding newspaper and bidding website.
Article
14.- Acts of violation of regulations on evaluation of bids
1. A caution or a fine of
between VND 100,000 and VND 200,000 shall be imposed on organizations or
individuals committing one of the following acts:
a/ Failing to make working
minutes or reports on bidding results;
b/ Failing to properly follow
the process of evaluating bids in accordance with the bidding law;
c/ Failing to make clear bids in
accordance with the bidding law.
2. A fine of between VND
5,000,000 and VND 10,000,000 shall be imposed on organizations or individuals failing
to evaluate bids according to evaluation criteria and other requirements set
forth in the approved bidding dossier or requirement dossier without distorting
the contractor selection results.
3. A fine of between VND
10,000,000 and VND 15,000,000 shall be imposed on organizations or individuals
committing one of the following acts:
a/ Evaluating bids or
requirement dossiers, evaluating or approving contractor selection results not
based on requirements set forth in the bidding dossier or requirement dossier
enclosed with evaluation criteria, thereby distorting contractor selection
results or leading to cancellation of the bidding;
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4. A fine of between VND
15,000,000 and VND 20,000,000 shall be imposed on organizations or individuals
intentionally making false or untruthful reports, thereby distorting the
results of selection of contractors, signing or performance of contracts.
5. Apart from the sanction
specified in Clause 1, Clause 2, Clause 3 or Clause 4 of this Article, a
violating organization or individual may also be subject to one or more of the
following measures:
a/ Forced compliance with the
provisions of law on bidding;
b/ Ban from participating in
bidding activities:
For between six months and one
year, for violations specified at Point b, Clause 5 of this Article;
For between one year and three
years, for violations specified in Clause 6 of this Article;
c/ Having the violation
published in the bidding newspaper and bidding website.
Article
15.- Acts of violation of regulations on signing and management of
contracts
1. A caution or a fine of
between VND 100,000 and VND 200,000 shall be imposed on organizations or
individuals committing one of the following acts:
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b/ Accepting contract
performance securities failing to meet prescribed conditions.
2. A fine of between VND 3,000,000
and VND 5,000,000 shall be imposed on organizations or individuals committing
one of the following acts:
a/ Failing to collect contract
performance securities;
b/ Signing contracts with
insufficient prescribed contents.
3. A fine of between VND 5,000,000
and VND 7,000,000 shall be imposed on organizations or individuals committing
one of the following acts:
a/ Applying contract forms
inappropriate to contractor selection results;
b/ Signing contracts
inconsistent with bidding dossiers, requirement dossiers, bids, proposal
dossiers and contractor selection results;
c/ Adjusting contracts in
contravention of the bidding law;
d/ Failing to fine the party
that commits breaches of contract according to the terms of the signed
contract.
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5. Apart from the sanction
specified in Clause 1, Clause 2, Clause 3 or Clause 4 of this Article, a
violating organization or individual may also be subject to one or more of the
following measures:
a/ Forced collection of contract
performance securities according to regulations, for violations specified at
Point a, Clause 1, and Point a, Clause 2 of this Article;
b/ Forced signing and management
of contracts according to regulations;
c/ Ban from participating in
bidding activities for between six months and one year, for violations
specified in Clause 4 of this Article;
d/ Having the violation
published in the bidding newspaper and bidding website.
Article
16.- Acts of violation of regulations on time limits in bidding
1. A caution or a fine of between
VND 100,000 and VND 200,000 shall be imposed on organizations or individuals
failing to comply with regulations on time limits in bidding: time limit for
pre-qualification selection of contractors; time limit for notification of bid
invitations; time limit for issuance of bidding dossiers; time limit for
contractors to prepare bids; time limit for evaluation of bids; time limit for
evaluation of contents of bidding plans, bidding dossiers and contractor
selection results.
2. Apart from the sanction specified
in Clause 1 of this Article, a violating organization or individual shall also
be forced to comply with the provisions of law on bidding.
Article
17.- Acts of violation of bidding regulations committed by contractors
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2. A fine of between VND
10,000,000 and VND 15,000,000 shall be imposed on contractors committing one of
the following acts:
a/ Participating in a bidding
for goods procurement or construction and installation in a bidding package for
which they provide consultancy services, except for EPC bidding packages,
bidding packages for selection of general designing and construction
contractors or general turnkey contractors;
b/ Signing bidding participation
applications with respect to bidding packages of projects owned by their former
employing agencies or organizations within one year since the time of receiving
decisions allowing them to discontinue working at these agencies or
organizations.
3. A fine of between VND
15,000,000 and VND 20,000,000 shall be imposed on contractors committing one of
the following acts:
a/ Abusing the right to file
petitions in bidding to obstruct the bidding process and the signing of
contractors or to prevent other contractors from participating in a bidding;
b/ Intentionally supplying
untruthful information in their bids, thus distorting the results of contractor
selection, contract signing and performance;
c/ Using their names, signatures
and seals to legalize their bids for participation in a bidding in order to
help another contractor win in the bidding;
d/ Letting other contractors use
their names, signatures and seals; using other contractors' names, signatures
and seals to form a partnership participating in a bidding but failing to
implement the partnership agreement document after winning the contract, unless
otherwise provided for in the contract;
e/ Transferring to other contractors
10% or more of the value of work (after deducting the work volume falling under
the responsibility of subcontractors) they are required to perform by
themselves according to the signed contract, except for plausible reasons
approved by the investment decider.
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a/ Forced fulfillment of
commitments stated in their bids and compliance with the provisions of law on
bidding;
b/ Recovery of the proceeds from
the illegal transfer of the contractual work, for violations specified at Point
e, Clause 3 of this Article;
c/ Ban from participating in
bidding activities:
For between six months and one
year, for violations specified in Clause 2 of this Article;
For between one year and three
years, for violations specified in Clause 3 of this Article.
d/ Having the violation
published in the bidding newspaper and bidding website.
Article
18.- Acts of violation of regulations on assurance of information in
bidding
1. A fine of between VND
3,000,000 and VND 5,000,000 shall be imposed on investors failing to publish
information in accordance with the bidding law.
2. A fine of between VND
20,000,000 and VND 30,000,000 shall be imposed on organizations or individuals
committing one of the following acts:
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b/ Disclosing other related
bidding documents and information affixed with confidentiality marks according
to the law on confidentiality;
c/ Disclosing documents and
information about reports of the bid solicitor, reports of the team of experts,
reports of consultancy contractors, reports of related professional agencies in
the process of bidding, consideration of bids and evaluation before the
announcement of contractor selection results;
d/ Disclosing documents and
information pertaining to the contents of bids, notebooks and minutes of bid
consideration meetings, comments of the team of experts or consultants on each
bid before the announcement of contractor selection results;
e/ Disclosing documents and information
on the bid solicitor's requests for clarification of bids and contractors'
replies in the process of evaluating bids before the announcement of contractor
selection results;
f/ Disclosing documents and
information on contractor selection results not yet permitted for announcement
according to regulations.
3. Apart from the sanction
specified in Clause 1 or Clause 2 of this Article, a violating organization or
individual may also be subject to one or more of the following measures:
a/ Forced compliance with the
provisions of law on bidding;
b/ Ban from participating in
bidding activities for between six months and one year, for violations
specified in Clause 2 of this Article;
c/ Having the violation
published in the bidding newspaper and bidding website.
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Investors committing acts of
violation of regulations on management of investment projects on construction
of works shall be administratively sanctioned under the provisions of Article 9
of the Government's Decree No. 126/2004/ND-CP of May 26, 2004, on sanctions
against administrative violations in urban infrastructure construction and
management and house use management.
Article
20.- Acts of violation of regulations on quality management of construction
works
1. Investors committing acts of
violation of regulations on quality management of construction works shall be
administratively sanctioned under the provisions of Article 11 of the Government's
Decree No. 126/2004/ND-CP of May 26, 2004, on sanctions against administrative
violations in construction and management of urban infrastructure and
management of house use.
2. Construction and installation
or goods procurement contractors committing acts of violation of regulations on
quality management of construction works shall be administratively sanctioned
under the provisions of Article 17 of the Government's Decree No.
126/2004/ND-CP of May 26, 2004, on sanctions against administrative violations
in urban infrastructure construction and management and house use management.
Article
21.- Acts of violation of regulations on test and take-over of and payment
for completed work volumes, and finalization of investment capital
1. Investors committing acts of
violation of regulations on test and take-over of and payment for completed
work volumes, and finalization of investment capital shall be administratively
sanctioned under the provisions of Article 12 of the Government's Decree No.
126/2004/ND-CP of May 26, 2004, on sanctions against administrative violations
in urban infrastructure construction and management and house use management.
2. Construction and installation
or goods procurement contractors committing acts of violation of regulations on
test and take-over of and payment for completed work volumes, and finalization
of investment capital shall be administratively sanctioned under the provisions
of Article 18 of the Government's Decree No. 126/2004/ND-CP of May 26, 2004, on
sanctions against administrative violations in urban infrastructure
construction and management and house use management.
Section 3.
FORMS AND LEVELS OF SANCTION AGAINST INVESTMENT-RELATED ADMINISTRATIVE
VIOLATIONS OF INVESTORS; AND BUSINESS REGISTRATION-RELATED ADMINISTRATIVE
VIOLATIONS OF ENTERPRISES, COOPERATIVES, COOPERATIVE UNIONS AND BUSINESS
HOUSEHOLDS
Article
22.- Acts of violation of regulations on investment in Vietnam
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a/ Failing to make investment
reports according to regulations;
b/ Making improper investment
reports.
2. A fine of between VND
1,000,000 and VND 3,000,000 shall be imposed on investors committing one of the
following acts:
a/ Making inaccurate and
untruthful registration of investment;
b/ Implementing projects behind
the prescribed schedule.
3. A fine of between VND
5,000,000 and VND 7,000,000 shall be imposed on investors committing one of the
following acts:
a/ Failing to register
investment adjustments for projects subject to adjustment registration;
b/ Failing to properly comply
with the contents of investment certificates;
c/ After a period of suspension,
resuming execution of a project without notifying in writing the state
management agency in charge of investment.
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a/ Purchasing shares, merging,
acquiring enterprises with respect to direct investment by foreign investors in
contravention of regulations;
b/ Converting the form of
investment of foreign-invested projects in contravention of regulations;
c/ Transferring capital of
foreign investors in contravention of regulations;
d/ Transferring projects in
contravention of regulations;
e/ Failing to register
investment for projects subject to investment registration;
f/ Suspending or rescheduling
the execution of investment projects without notifying in writing the state
management agency in charge of investment thereof;
g/ Continuing executing a
project after having the investment certificate revoked or after the validity
duration stated in the investment certificate expires;
h/ Terminating a project without
announcement or carrying out project liquidation procedures as prescribed by
law.
5. Apart from the sanction
specified in Clause 1, Clause 2, Clause 3 or Clause 4 of this Article, a
violating investor may also be subject to one or more of the following
measures:
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b/ Forced registration of
investment adjustment, for violations specified at Point a, Clause 3 of this
Article;
c/ Forced compliance with the
contents of the investment certificate, for violations specified at Point b,
Clause 3 of this Article;
d/ Forced termination of
operations, for violations specified at Point e and Point g, Clause 4 of this
Article;
e/ Forced performance of
liquidation procedures according to regulations, for violations specified at
Point h, Clause 4 of this Article;
f/ Forced compliance with the
provisions of law, for other violations.
Article
23.- Acts of violation of regulations on use of state capital for
investment or business
1. A fine of between VND
5,000,000 and VND 10,000,000 shall be imposed on investors investing state
capital for business purposes without approval of a competent state agency.
2. Apart from the form of
sanction specified in Clause 1 of this Article, the violating investor shall be
also forced to comply with the provisions of law.
Article
24.- Acts of violation of regulations on offshore investment
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a/ Failing to make investment
reports according to regulations;
b/ Failing to notify or
notifying inadequately the execution of an investment project according to
regulations.
2. A fine of between VND
3,000,000 and VND 5,000,000 shall be imposed on investors making inaccurate or
untruthful registration in order to be granted an offshore investment
certificate.
3. A fine of between VND
7,000,000 and VND 10,000,000 shall be imposed on investors committing one of
the following acts:
a/ Failing to comply with the
contents of the investment certificate;
b/ Transferring profits and
incomes from offshore investment back home in contravention of regulations;
c/ Failing to transfer all
lawful capital and assets back home upon termination of projects according to
regulations;
d/ Using profits earned from an
offshore investment project for reinvestment in the project itself when the
investment certificate has not yet been adjusted according to regulations;
e/ Using profits earned from an
offshore investment project for reinvestment in another project when an
investment certificate has not yet been granted according to regulations;
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a/ Making offshore investment
without an investment certificate granted by a competent state agency;
b/ Transferring abroad
investment capital without an investment certificate or approval of a competent
state agency of the host country;
c/ Liquidating an offshore
investment project in contravention of law.
5. Apart from the sanction
specified in Clause 1, Clause 2, Clause 3 or Clause 4 of this Article, a
violating investor may be subject to one or more of the following measures:
a/ Forced making of investment
reports according to regulations, for violations specified in Clause 1 of this
Article;
b/ Forced compliance with the
contents of the investment certificate, for violations specified at Point a,
Clause 3 of this Article;
c/ Forced termination of
operations, for violations specified at Point a and Point b, Clause 4 of this
Article;
d/ Forced compliance with the
provisions of law, for other violations.
Article
25.- Acts of violation of regulations on investment incentives
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2. A fine of between VND
5,000,000 and VND 7,000,000 shall be imposed on investors making inaccurate or
untruthful declaration in order to enjoy investment incentives.
3. Apart from the sanction
specified in Clause 1 or Clause 2 of this Article, a violating investor may
also be subject to one or more of the following measures:
a/ Forced fulfillment of the
registered commitments or cancellation of investment incentives, for violations
specified in Clause 1 of this Article;
b/ Forced completion of the
dossier for submission to a competent agency for reconsideration, for
violations specified in Clause 2 of this Article;
c/ Forced refund of investment
incentives which have been enjoyed in contravention of regulations.
Article
26.- Acts of violation of regulations on establishment and management of
enterprises
1. A fine of between VND
3,000,000 and VND 5,000,000 shall be imposed on enterprises committing one of
the following acts:
a/ Registering untruthful or
inaccurate information on organizations and individuals in the business
registration dossier;
b/ Registering two or more
private enterprises under the name of the same owner.
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3. A fine of between VND
7,000,000 and VND 10,000,000 shall be imposed on enterprises committing one of
the following acts:
a/ Registering an organization
that is not entitled to participate in establishing an enterprise;
b/ Registering an individual
that is not entitled to establish and manage an enterprise;
c/ Failing to register the
hiring of the director of a private enterprise according to regulations;
d/ Failing to register within 7
working days after a company shareholder obtains 5% of total shares;
e/ Failing to convene an annual
general shareholders meeting within 4 months after the end of the fiscal year
without permitted extension of the business registration agency according to
regulations.
4. Apart from the sanction
specified in Clause 1, Clause 2 or Clause 3 of this Article, a violating
enterprise may also be subject to one or more of the following measures:
a/ Forced registration for the
renewal of a business registration certificate, for violations specified in
Clause 1, and at Point a and Point b, Clause 3 of this Article, except for
violations subject to withdrawal of business registration certificate specified
at Point a or Point b, Clause 2, Article 165 of the Enterprise Law;
b/ Forced proper registration,
for violations specified at Point c or Point d, Clause 3 of this Article;
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Article
27.- Acts of violation of regulations on establishment and management of
cooperatives and cooperative unions
1. A caution or a fine of
between VND 100,000 and VND 200,000 shall be imposed on cooperatives or
cooperative unions committing one of the following acts:
a/ Registering untruthful or
inaccurate information on organizations and individuals in business
registration dossiers;
b/ Registering households whose
members have no common property for economic activities;
c/ Registering founding members
of a cooperative union other than at-law representatives of cooperatives who
take the initiative in establishing the cooperative union;
d/ Registering ineligible
persons as members of the Management Board or Control Board;
e/ Untruthfully or inaccurately
registering personal details of members of the Management Board or Control
Board;
f/ Registering state cadres or
employees as members of the Management Board or Control Board.
2. A fine of between VND
1,000,000 and VND 3,000,000 shall be imposed on cooperatives or cooperative
unions registering as their members state cadres or employees without written
permission of the heads of the agencies directly managing these cadres or
employees.
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a/ Forced registration for the
re-grant of a business registration certificate, for violations specified at
Point a, Point d or Point f, Clause 1 or in Clause 2 of this Article;
b/ Forced registration according
to regulations, for violations specified at Point b, Point c or Point e, Clause
1 of this Article.
Article
28.- Acts of violation of regulations on establishment and management of
business households
1. A caution or a fine of
between VND 100,000 and VND 200,000 shall be imposed on business households
making untruthful or inaccurate information on personal details in business
registration dossiers.
2. A fine of between VND
1,000,000 and VND 3,000,000 shall be imposed on business households committing
one of the following acts:
a/ Registering a person who has
no right to make business registration;
b/ Registering in the name of
another person.
3. A fine of between VND
5,000,000 and VND 10,000,000 shall be imposed on business households failing to
make business registration as enterprises when employing regularly more than 10
laborers.
4. Apart from the sanction
specified in Clause 1, Clause 2 or Clause 3 of this Article, a violating
business household may be subject to one or more of the following measures:
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b/ Forced termination of
operation, for violations specified in Clause 2 of this Article;
c/ Forced business registration
as enterprises, for violations specified in Clause 3 of this Article.
Article
29.- Acts of violation of regulations on registration of head offices of
enterprises
1. A fine of between VND
3,000,000 and VND 5,000,000 shall be imposed on enterprises committing one of
the following acts:
a/ Registering head office
addresses non-existent on administrative map;
b/ Registering addresses of head
offices not under their lawful ownership or use rights.
2. Apart from the sanction
specified in Clause 1 of this Article, a violating enterprise is also subject
to forced registration for the re-grant of a business registration certificate.
Article
30.- Acts of violation of regulations on registration of head offices of cooperatives
or cooperative unions
1. A fine of between VND 500,000
and VND 1,000,000 shall be imposed on cooperatives or cooperative unions
committing one of the following acts:
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b/ Registering addresses of head
offices not under their lawful ownership or use rights.
2. Apart from the sanction
specified in Clause 1 of this Article, a violating cooperative or cooperative
union is also subject to forced registration for the re-grant of a business
registration certificate.
Article
31.- Acts of violation of regulations on registration of head offices of
business households
1. A fine of between VND
3,000,000 and VND 5,000,000 shall be imposed on business households committing
one of the following acts:
a/ Registering head office
addresses non-existent on administrative map;
b/ Registering addresses of head
offices not under their lawful ownership or use rights.
2. A fine of between VND
3,000,000 and VND 5,000,000 shall be imposed on business households making
business registration at two or more places.
3. Apart from the sanction
specified in Clause 1 or Clause 2 of this Article, a violating business
household is also subject to forced registration for the re-grant of a business
registration certificate.
Article
32.- Acts of violation of regulations on capital contribution registration
of enterprises
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2. A fine of between VND
5,000,000 and VND 7,000,000 shall be imposed on enterprises committing one of
the following acts:
a/ Failing to grant certificates
of contributed capital amounts to capital-contributing members;
b/ Failing to make a members or
shareholders registration book or making an improper one as prescribed by the
Enterprise Law.
3. A fine of between VND
7,000,000 and VND 10,000,000 shall be imposed on enterprises committing one of
the following acts:
a/ Failing to mobilize a
sufficient capital amount in time as registered;
b/ Failing to maintain the
prescribed legal capital level, for enterprises conducting business lines
requiring legal capital.
4. A fine of between VND 10,000,000
and VND 15,000,000 shall be imposed on enterprises registering a capital amount
bigger than their actual one.
5. Apart from the sanction
specified in Clause 1, Clause 2, Clause 3 or Clause 4 of this Article, a
violating enterprise may be subject to one or more of the following measures:
a/ Forced notification according
to regulations, for violations specified in Clause 1 of this Article;
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c/ Forced making of a members or
shareholders registration book, for violations specified at Point b, Clause 2
of this Article;
d/ Forced increase of the
capital amount to the registered level, for violations specified in Clause 3 or
4 of this Article.
Article
33.- Acts of violation of regulations on capital contribution registration
of cooperatives or cooperative unions
1. A fine of between VND
3,000,000 and VND 5,000,000 shall be imposed on cooperatives or cooperative
unions committing one of the following acts:
a/ Failing to mobilize a
sufficient capital amount in time as registered;
b/ Failing to maintain the
prescribed legal capital level, for cooperatives or cooperative unions
conducting business lines requiring legal capital.
2. A fine of between VND
5,000,000 and VND 7,000,000 shall be imposed on cooperatives or cooperative
unions committing one of the following acts:
a/ Registering a capital amount
bigger than their actual one.
b/ A cooperative allowing a
member to contribute a capital amount bigger than 30% of its total contributed
capital.
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a/ Forced increase of the
capital amount to the registered level, for violations specified in Clause 1 or
at Point a, Clause 2 of this Article;
b/ Forced reduction of the
cooperative member's contributed capital amount to no more than 30% of total
contributed capital, for violations specified at Point b, Clause 2 of this
Article;
c/ Forced compliance with the
provisions of law, for other violations.
Article
34.- Acts of violation of regulations on registration of changes in
business registration dossiers of enterprises
1. A fine of between VND
3,000,000 and VND 5,000,000 shall be imposed on enterprises committing one of
the following acts:
a/ Failing to register or
registering late changes in business registration contents;
b/ Failing to register change of
the enterprise name after changing business lines or form of investment
constituting such name;
c/ Failing to amend and
supplement the enterprise charter according to regulations.
2. A fine of between VND 7,000,000
and VND 10,000,000 shall be imposed on enterprises committing one of the
following acts:
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b/ Continuing operation after
the expiration of the operation term stated in the company charter and without
an extension decision.
3. A fine of between VND
10,000,000 and VND 15,000,000 shall be imposed on enterprises continuing
business activities after they have notified suspension of operation.
4. Apart from the sanction specified
in Clause 1, Clause 2 or Clause 3 of this Article, a violating enterprise may
also be subject to one or more of the following measures:
a/ Forced registration for the
re-grant of a business registration certificate, for violations specified at
Point a and Point b, Clause 1, and Point a, Clause 2 of this Article;
b/ Forced amendment and
supplementation of the company charter, for violations specified at Point b,
Clause 2 of this Article;
c/ Forced cessation of business
activities, for violations specified at Point b, Clause 2 of this Article;
d/ Forced cessation of business
activities till the end of the operation suspension duration stated in the
enterprise's announcement, for violations specified in Clause 3 of this
Article.
Article
35.- Acts of violation of regulations on registration of changes in
business registration dossiers of cooperatives and cooperative unions
1. A caution or a fine of
between VND 100,000 and VND 200,000 shall be imposed on cooperatives or
cooperative unions committing one of the following acts:
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b/ Failing to register change of
the cooperative or cooperative union name after changing business lines
constituting such name;
c/ Failing to send the amended
charter together with the minutes of the cooperative members meeting to the
business registration agency.
2. A fine of between VND
1,000,000 and VND 3,000,000 shall be imposed on cooperatives or cooperative
unions untruthfully or inaccurately registering changes in business
registration contents;
3. A fine of between VND
3,000,000 and VND 5,000,000 shall be imposed on cooperatives or cooperative
unions continuing business activities after they have announced their
suspension of operation.
4. Apart from the sanction
specified in Clause 1, Clause 2 or Clause 3 of this Article, a violating
cooperative or cooperative union may also be subject to one or more of the
following measures:
a/ Forced registration for the
re-grant of a business registration certificate, for violations specified at
Point a and Point b, Clause 1, and in Clause 2 of this Article;
b/ Forced sending of the amended
charter together with the minutes of the cooperative members meeting to the
business registration agency, for violations specified at Point c, Clause 1 of
this Article;
c/ Forced cessation of business
activities till the end of the operation suspension duration stated in the
cooperative's or cooperative union's announcement, for violations specified in
Clause 3 of this Article.
Article
36.- Acts of violation of regulations on registration of changes in
business registration dossiers of business households
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a/ Failing to register changes
in business places, names, business lines, registered capital and
representatives;
b/ Untruthfully or inaccurately
registering changes;
2. A fine of between VND
3,000,000 and VND 5,000,000 shall be imposed on business households continuing
business activities after they have announced their suspension of operation.
3. Apart from the sanction
specified in Clause 1 or Clause 2 of this Article, a violating business
household may also be subject to one or more of the following measures:
a/ Forced registration for the
re-grant of a business registration certificate, for violations specified in
Clause 1 of this Article;
b/ Forced cessation of business
activities till the end of the operation suspension duration stated in the
business household's notice, for violations specified in Clause 2 of this
Article.
Article
37.- Acts of violation of regulations on display of signboards of
enterprises
1. A fine of between VND
1,000,000 and VND 3,000,000 shall be imposed on enterprises failing to display
signboards at their head offices and their branches' offices and
representatives offices.
2. Apart from the sanction
specified in Clause 1 of this Article, a violating enterprise is also forced to
display signboards at its head office and offices of its branch(es) and
representative office(s).
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1. A fine of between VND
1,000,000 and VND 3,000,000 shall be imposed on enterprises committing one of
the following acts:
a/ Failing to disclose
information, or disclosing information on business registration in
contravention of regulations;
b/ Failing to report on the
lease of the private enterprise according to regulations;
c/ Failing to send reports on
business activities according to regulations;
d/ Failing to announce the
enterprise dissolution decision according to regulations;
e/ Failing to report or
reporting late on suspension of business activities;
f/ Failing to declare the loss
of the business registration certificate;
g/ Failing to announce the time
of opening at the head office within 15 days after obtaining the business
registration certificate;
h/ Failing to announce the
designation of an authorized representative within 7 working days from the date
of designation;
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j/ Failing to announce or
announcing in contravention of law their branch(es), representative office(s)
and place(s) of business;
k/ Failing to announce the sale
of the private enterprise according to regulations;
l/ Failing to announce the
change of the types of asset contributed as capital by a member compared to
his/her/its commitment according to regulations;
m/ Failing to notify on the
registered progress of capital contribution according to regulations;
n/ Failing to announce the
contribution of equities within 90 days from the date of grant of the business
registration certificate.
2. A fine of between VND
3,000,000 and VND 5,000,000 shall be imposed on enterprises committing one of
the following acts:
a/ Making improper reports;
b/ Failing to send financial
statements according to regulations.
3. Apart from the sanction specified
in Clause 1 or Clause 2 of this Article, a violating enterprise is also forced
to comply with the provisions of law on information disclosure.
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1. A caution or a fine of
between VND 100,000 and VND 200,000 shall be imposed on cooperatives or
cooperative unions failing to disclose information according to regulations.
2. Apart from the sanction
specified in Clause 1 of this Article, a violating cooperative or cooperative
union is also forced to comply with the provisions of law on information
disclosure.
Article
40.- Acts of violation of regulations on business lines requiring practice
certificates committed by enterprises
1. A fine of between VND
3,000,000 and VND 5,000,000 shall be imposed on enterprises committing one of
the following acts:
a/ Using an expired practice
certificate;
b/ Using the practice
certificate of an individual for registering two or more enterprises.
2. A fine of between VND
7,000,000 and VND 10,000,000 shall be imposed on enterprises committing one of
the following acts:
a/ Employing a person who has no
practice certificate to perform a job requiring a practice certificate
according to regulations;
b/ Failing to register a person
replacing another whose practice certificate has been withdrawn by a competent
state agency.
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a/ Forced registration of change
of business lines or use of a practice certificate according to regulations,
for violations specified at Point a, Clause 1 of this Article;
b/ Deprivation of the right to
use the practice certificate for up to 6 months, for violations specified at
Point b, Clause 1 of this Article;
c/ Forced employment of a person
with a relevant practice certificate, for violations specified at Point a,
Clause 2 of this Article;
d/ Forced registration of change
of business lines or additional registration of a person with a relevant
practice certificate, for violations specified at Point b, Clause 2 of this
Article.
Article
41.- Acts of violation of regulations on business lines requiring practice
certificates committed by cooperatives and cooperative unions
1. A fine of between VND 500,000
and VND 1,000,000 shall be imposed on cooperatives or cooperative unions
conducting business lines requiring practice certificates but having no
Management Board members who have such practice certificate.
2. A fine of between VND
1,000,000 and VND 3,000,000 shall be imposed on cooperatives or cooperative
unions using an expired practice certificate.
3. Apart from the sanction
specified in Clause 1 or Clause 2 of this Article, a violating cooperative or
cooperative union may also be subject to either or both of the following
measures:
a/ Forced registration of change
of business lines or addition to the Management Board of a member who has a
practice certificate, for violations specified in Clause 1 of this Article;
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Article
42.- Acts of violation of regulations on reorganization of enterprises
1. A fine of between VND
5,000,000 and VND 10,000,000 shall be imposed on enterprises committing one of
the following acts:
a/ Dividing, splitting,
consolidating or merging enterprises in contravention of regulations;
b/ Transforming enterprises in
contravention of regulations.
2. Apart from the sanction
specified in Clause 1 of this Article, a violating enterprise is also forced to
reorganize itself according to regulations.
Article
43.- Acts of violation of regulations on reorganization of cooperatives and
cooperative unions
1. A fine of between VND
1,000,000 and VND 3,000,000 shall be imposed on cooperatives or cooperative
unions committing dividing, splitting, consolidating or merging acts in
contravention of regulations;
2. Apart from the sanction
specified in Clause 1 of this Article, a cooperative or cooperative union is
also forced to reorganize itself according to regulations.
Article
44.- Acts of violation of regulations on registration of operation of
branches and representative offices of enterprises
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a/ Registering their branch or
representative office addresses non-existent on the administrative map;
b/ Registering addresses of
their branches or representative offices which are not under their lawful
ownership or use rights.
2. A fine of between VND
7,000,000 and VND 10,000,000 shall be imposed on enterprises untruthfully or
inaccurately registering changes of registered information of their branches or
representative offices.
3. Apart from the sanction
specified in Clause 1 or Clause 2 of this Article, a violating enterprise is
also forced to register for the re-grant of a business registration
certificate.
Article
45.- Acts of violation of regulations on registration of operation of
branches and representative offices of cooperatives and cooperative unions
1. A fine of between VND 500,000
and VND 1,000,000 shall be imposed on cooperatives or cooperative unions
committing one of the following acts:
a/ Registering their branch or
representative office addresses non-existent on the administrative map;
b/ Registering addresses of
their branches or representative offices which are not under their lawful
ownership or use rights.
2. A fine of between VND
1,000,000 and VND 3,000,000 shall be imposed on cooperatives or cooperative
unions untruthfully or inaccurately registering changes of registered
information of their branches or representative offices.
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Article 46.-
Acts of violation of regulations on use of investment certificates, business
registration certificates or operation registration certificates
1. A fine of between VND
2,000,000 and VND 5,000,000 shall be imposed on enterprises committing either
of the following acts:
a/ Leasing or lending investment
certificates, business registration certificates or operation registration
certificates;
b/ Adding contents to, erasing
or modifying investment certificates, business registration certificates or
operation registration certificates.
2. A caution or a fine of
between VND 50,000 and VND 200,000 shall be imposed on cooperatives,
cooperative unions or business households committing one of the following acts:
a/ Leasing or lending investment
certificates, business registration certificates or operation registration
certificates;
b/ Adding contents to, erasing
or modifying investment certificates, business registration certificates or
operation registration certificates.
3. Apart from the sanction
specified in Clause 1 or Clause 2 of this Article, a violating enterprise,
cooperative, cooperative union or business household may also be subject to
either or both of the following measures:
a/ Termination of the lease or
lending of investment certificates, business registration certificates or
operation registration certificates, for violations specified at Point a,
Clause 1 or Point a, Clause 2 of this Article;
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Section 4.
FORMS AND LEVELS OF SANCTION AGAINST ADMINISTRATIVE VIOLATIONS RELATED TO
PLANNING AND INVESTMENT INSPECTION AND SUPERVISION
Article
47.- Acts of violation of regulations on planning and investment inspection
and supervision
1. A fine of between VND
1,000,000 and VND 2,000,000 shall be imposed on organizations or individuals
committing one of the following acts:
a/ Failing to comply with or
postpone the inspection or supervision by a state agency;
b/ Refusing to supply documents
and data at the request of the inspection agency or inspection team or a
competent state agency;
c/ Coping with inspectors or officials
of competent state agencies who are on duty;
d/ Illegally interfering with
the handling by an inspection agency or a competent state agency;
e/ Concealing, modifying,
dispersing and destroying documents and records or substituting evidences when being
under inspection or supervision.
2. Apart from the sanction
specified in Clause 1 of this Article, a violating organization or individual
is also forced to comply with the provisions of law on inspection and
supervision.
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COMPETENCE TO SANCTION
AND PROCEDURES FOR SANCTIONING ADMINISTRATIVE VIOLATIONS
Section 1.
COMPETENCE TO SANCTION ADMINISTRATIVE VIOLATIONS
Article
48.- Competence of People's Committees at all levels to sanction
administrative violations
1. Presidents of commune, ward
or township People's Committees have the power:
a/ To impose cautions;
b/ To impose fines of up to VND
500,000.
2. Presidents of People's
Committees of rural districts, urban districts, towns or provincial cities have
the power:
a/ To impose cautions;
b/ To impose fines of up to VND
20,000,000.
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3. Presidents of People's
Committees of provinces or centrally run cities have the power:
a/ To impose cautions;
b/ To impose fines of up to the
level specified at Point b, Clause 1, Article 5 of this Decree.
c/ To apply additional sanctions
and other measures stipulated in this Decree.
Article
49.- Competence of planning and investment inspectors to sanction
administrative violations
1. Planning and investment
inspectors on duty have the power:
a/ To impose cautions;
b/ To impose fines of up to VND
200,000.
c/ To apply additional sanctions
and other measures stipulated in this Decree.
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a/ To impose cautions;
b/ To impose fines of up to VND
20,000,000.
c/ To apply additional sanctions
and other measures stipulated in this Decree.
3. The chief inspector of the Ministry
of Planning and Investment has the power:
a/ To impose cautions;
b/ To impose fines of up to the
level specified at Point b, Clause 1, Article 5 of this Decree.
c/ To apply additional sanctions
and other measures stipulated in this Decree.
Article
50.- Sanctioning competence of specialized inspectorates
Other specialized inspectorates
are competent to sanction administrative violations in the planning and
investment domain like the planning and investment inspectorate under the
provisions of this Decree within the scope of planning and investment
management competence of ministries, branches and localities stipulated by the
Government.
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Apart from persons competent to
sanction administrative violations specified in Article 48, Article 49 and
Article 50 of this Decree, persons competent to sanction administrative
violations prescribed in the Ordinance on Handling of Administrative Violations
who, within their assigned functions and tasks, detect acts of administrative
violation specified in this Decree falling into the domain or committed in the
geographical areas under their management may impose sanctions for those acts
under the provisions of this Decree and the Ordinance on Handling of Administrative
Violations.
Article
52.- Authorization of competence to sanction administrative violations
related to planning and investment
When a competent person
specified in Article 48, Article 49, Article 50 or Article 51 of this Decree is
absent, his/her deputy shall be authorized to sanction administrative
violations and take responsibility for his/her decisions.
Article
53.- Principles of determination of competence
1. Presidents of People's
Committees at all levels are competent to sanction acts of violation under the
provisions of this Decree within the scope of their state management in
localities.
2. The competence of specialized
inspectorates and other agencies is determined in Article 48, Article 49 and
Article 50 of this Decree.
An act of administrative
violation that falls under the sanctioning competence of more than one person
shall be sanctioned by the person who first deals with it.
3. The sanctioning competence of
persons specified in Article 48, Article 49, Article 50 and Article 51 of this
Decree is applied to one act of administrative violation. In case of fine, the
sanctioning competence is determined based on the maximum level of the fine
bracket applicable to each specific act of violation.
4. In case of sanctioning an
organization or individual committing more than one act of administrative
violation, the sanctioning competence is determined on the following
principles:
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b/ If the form and level of
sanction applicable to one of these acts fall beyond the competence of the
sanctioning person, this person shall transfer the violation case to
authorities with sanctioning competence.
Section 2.
PROCEDURES FOR SANCTIONING ADMINISTRATIVE VIOLATIONS
Article
54.- Stoppage of acts of violation
Upon detecting an act of
administrative violation, the person with sanctioning competence shall issue a
written decision to immediately stop this act.
Article
55.- Sanctioning according to simplified procedures
Sanctioning according to
simplified procedures is applicable to acts of administrative violation subject
to caution or a fine of up to VND 100,000. In this case, the person with
sanctioning competence shall issue an on-site sanctioning decision without
having to make a written record.
Article
56.- Time limit for issuance of sanctioning decisions
1. For simple cases involving
apparent acts of violation, which need no further verification, sanctioning
decisions shall be issued within 10 days from the date of making of written
records of administrative violations. Sanctioning decisions must be made
according to a prescribed form.
2. For cases involving
complicated circumstances, such as exhibits and means to be surveyed, violators
to be identified or other complicated circumstances, the time limit for issuing
sanctioning decisions is 30 days from the date of making of written records.
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Article
57.- Making of records of administrative violations
Records of acts of
administrative violations shall be made under the provisions of Article 55 of
the Ordinance on Handling of Administrative Violations and Article 20 of the
Government's Decree No. 134/2003/ND-CP of November 14, 2003, detailing the
implementation of a number of articles of the Ordinance on Handling of
Administrative Violations.
Article
58.- Compliance with sanctioning decisions and enforcement of sanctioning
decisions
Within 10 working days from the
date of receiving a sanctioning decision, the sanctioned organization or
individual shall comply with the sanctioning decision, pay the fine at the
place indicated in the sanctioning decision and be given a receipt thereof.
Fines collected for
administrative violations shall be managed and used under the Government's
Decree No. 124/2005/ND-CP of October 6, 2005, on receipts of fines and
management and use of fines paid for administrative violations.
A sanctioned organization or
individual who fails to voluntarily comply with the sanctioning decision shall
be forced to comply with the decision under the provisions of Article 66 of the
Ordinance on Handling of Administrative Violations and the Government's Decree
No. 37/2005/ND-CP of March 18, 2005, stipulating procedures for application of
measures to enforce decisions on sanctioning administrative violations.
Chapter IV
COMMENDATION, HANDLING
OF VIOLATIONS, AND COMPLAINTS AND DENUNCIATIONS
Article
59.- Commendation and handling of violations
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2. Persons competent to sanction
administrative violations related to planning and investment who abuse their
powers, commit hassling acts, tolerate or cover up violators, impose no
sanction or fail to impose sanctions in time or proper sanctions; or impose
sanction ultra vires shall, depending on the nature and severity of their
violations, be handled in accordance with law; if causing damage, they shall
pay compensation therefor in accordance with law.
3. If organizations or
individuals that are sanctioned for administrative violations related to
planning and investment fail to voluntarily comply with sanctioning decisions,
they shall be forced to do so. When committing acts of administrative
violations, if they obstruct or resist persons on duty or employ cheating
tricks, offer bribes or other tricks to delay or shirk compliance with the
sanctioning decisions issued by competent persons, they shall, depending on the
nature and severity of their violations, be handled for administrative
violations or examined for penal liability; if causing damage, they shall pay
compensation therefor in accordance with law.
Article
60.- Complaints, denunciations and settlement of complaints and
denunciations
1. Organizations and individuals
that are sanctioned for administrative violations related to planning and
investment or their lawful representatives are entitled to lodge complaints
about decisions on sanctioning administrative violations.
2. Citizens are entitled to
denounce to competent state agencies organizations and individuals committing
acts of administrative violation specified in this Decree; or denounce persons
competent to sanction administrative violations who act in contravention of
this Decree.
3. Competence, time limits and
procedures for lodging complaints and denunciations and the settlement of
complaints and denunciations of citizens comply with the law on complaints and
denunciations.
Chapter V
IMPLEMENTATION
PROVISIONS
Article
61.- Implementation effect
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2. To annul the Government's
Decree No. 37/2003/ND-CP of April 10, 2003, stipulating the sanctioning of
administrative violations related to business registration.
Article
62.- Implementation responsibilities
1. The Minister of Planning and
Investment shall guide the implementation of this Decree.
2. Agencies and units with
sanctioning competence defined in this Decree shall send reports on results of
sanctioning of administrative violations in the planning and investment domain
to the Ministry of Planning and Investment before December 15 every year for
summing up and report to the Government.
3. Ministers, heads of
ministerial-level agencies, heads of government-attached agencies, presidents
of provincial-level People's Committees and concerned agencies, organizations
and individuals shall implement this Decree.
ON
BEHALF OF THE GOVERNMENT
PRIME MINISTER
Nguyen Tan Dung