THE MINISTRY OF
CONSTRUCTION
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|
THE SOCIALIST
REPUBLIC OF VIETNAM
Independence – Freedom – Happiness
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|
No.: 08/VBHN-BXD
|
Hanoi, March 23,
2020
|
DECREE
PENALTIES
FOR ADMINISTRATIVE VIOLATIONS AGAINST REGULATIONS ON INVESTMENT AND
CONSTRUCTION; EXTRACTION, PROCESSING AND TRADING OF CONSTRUCTION MINERALS,
PRODUCTION AND TRADING OF BUILDING MATERIALS; MANAGEMENT OF INFRASTRUCTURAL
CONSTRUCTIONS; REAL ESTATE BUSINESS, HOUSING DEVELOPMENT, MANAGEMENT AND USE OF
HOUSES AND OFFICE BUILDINGS
The Government’s Decree No. 139/2017/ND-CP dated
November 27, 2017 on penalties for administrative violations against
regulations on investment and construction, extraction, processing and trading
of construction minerals, production and trading of building materials,
management of infrastructural constructions, real estate business, housing
development, management and use of houses and office buildings, which comes
into force from January 15, 2018, is amended by:
The Government’s Decree No. 21/2020/ND-CP dated
February 17, 2020 providing amendments to Government’s Decree No.
139/2017/ND-CP dated November 27, 2017 on penalties for administrative
violations against regulations on investment and construction, extraction,
processing and trading of construction minerals, production and trading of
building materials, management of infrastructural constructions, real estate
business, housing development, management and use of houses and office buildings,
which comes into force from April 01, 2020.
Pursuant
to the Law on Organization of the Government dated June 19, 2015;
Pursuant
to the Law on Penalties for Administrative Violations dated June 20, 2012;
Pursuant
to the Law on Construction dated June 18, 2014;
Pursuant
to the Law on Housing dated November 25, 2014;
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Pursuant
to the Law on Urban Planning dated June 17, 2009;
Pursuant
to the Law on Minerals dated November 17, 2010;
Pursuant
to the Law on Environmental Protection dated June 23, 2014;
At
the request of the Minister of Construction[1],
The Government promulgates a Decree prescribing
penalties for administrative violations against regulations on investment and
construction; extraction, processing and trading of construction minerals,
production and trading of building materials; management of infrastructural
constructions; real estate business, housing development, management and use of
houses and office buildings.
Chapter I
GENERAL PROVISIONS
Article 1. Scope and regulated entities
1. This
Decree deals with the administrative violations, penalties, fines, remedial
measures, the power to record and the power to impose penalties for
administrative violations against regulations on investment and construction;
extraction, processing and trading of construction minerals, production and
trading of building materials; management of infrastructural constructions
(located in urban and new urban areas, housing development projects, industrial
parks, economic zones and hi-tech zones); real estate business, housing and
office building management and development.
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a)
Vietnamese and foreign organizations and individuals that commit the
administrative violations in any of the fields specified in Clause 1 of this
Article within the territory of the Socialist Republic of Vietnam, unless
otherwise specified in international treaties to which Vietnam is a signatory;
b)
Regulatory authorities and officials that have the power to impose penalties,
and other organizations and individuals involved in the imposition of penalties
as prescribed herein.
Article 2. Definitions
1. Other works prescribed herein are those of a
scale that is not subject to the compulsory formulation of economic - technical
report or construction project, and single-detached houses.
2. Penalties for an entity that gets involved in
construction works of a construction project that has multiple work items and
commits administrative violations:
a) If an entity has committed the same
administrative violation at different work items of that construction project
but not yet faced any penalties and now the violation is detected within the
prescriptive period, the violating entity shall be considered to have committed
a serial violation;
b) If an entity has implemented the decision on
penalty imposition for an administrative violation, or the decision on
enforcement of the decision on penalty imposition for an administrative
violation, issued by a competent official and re-commits that administrative
violation within 01 year (if a fine is imposed) after having implemented such
decisions, it/(s)he shall be treated as a recidivist.
3. In this document, violating entities include:
a) Domestic organizations, foreign organizations or
enterprises that are hereinafter referred to as “organizations”. An
organization may be either juridical person or not;
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Article 3. Penalties and remedial measures
1.
Primary penalties:
a)
Warnings;
b)
Fines.
2.
Additional penalties:
The
violating entity’s license, practicing certificate or certificate of
competence, or operations shall be suspended for a fixed period lasting from 03
to 24 months.
3.
Remedial measures:
In
addition to the penalties, the violating entity may be liable to one or some of
the following remedial measures:
a)
Enforced restoration to initial state;
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c) Enforced
return of benefits illegally obtained from the commission of the administrative
violations;
d)
Enforced demolition of the works or work items, which have been built
illegally;
dd)
Other remedial measures specified herein.
Article 4. Maximum fines
Maximum
fines imposed for the administrative violations specified in this document are
as follows:
1. The
maximum fine imposed for an administrative violation in the field of investment
and construction is VND 1,000,000,000.
2. The
maximum fine imposed for an administrative violation in the fields of
extraction, processing and trading of construction minerals, production and
trading of building materials; management of infrastructural constructions;
real estate business, housing development, management and use of houses and
office buildings is VND 300,000,000.
3. Fines
specified herein are imposed for administrative violations committed by
organizations (except the fines in Point a Clause 1, Point a and Point b Clause
2, Point a and Point b Clause 3, Point a and Point b Clause 4, Point a and
Point b Clause 5, Clause 7, Point a and Point b Clause 8, Point a and Point b
Clause 9 of Article 15; Clause 1 Article 23; Point a Clause 1, Point a and
Point b Clause 2, Point a and Point b Clause 3 of Article 30; Clause 1 Article
58; Point a Clause 3 Article 63; Article 64; Clause 1 (excluding Point e)
Article 66 imposed for administrative violations committed by
individuals). The fine incurred by an individual is a half of that
incurred by an organization for the same administrative violation.
Article 5. Prescriptive periods of administrative
violations
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2. The
prescriptive period of an administrative violation in the fields of investment
and construction; extraction of construction minerals; housing development,
management and use of houses and office buildings is 02 years.
3. The
prescriptive period shall be determined as follows :
a) For a
completed administrative violation, the prescriptive period shall commence to
run from the time of completion of that violation. The time of completion of a
violation involving a construction project is the date on which that project is
transferred and put into official operation. The time of completion of a
violation involving a single-detached house is the expiry date of the construction
contract (if any) or the date on which the house is put into official
operation;
b) For
an ongoing administrative violation which is detected by an on-duty official,
the prescriptive period shall commence to run from the time of discovery of
that violation;
c) For
an administrative violation transferred from a competent authority, the
prescriptive period shall be determined in accordance with Clause 1, Clause 2
and Point b, Point b Clause 3 of this Article. The time the competent authority
spends on handling the violation counts towards the prescriptive period of the
violation.
4. During the period specified in Clauses 1, 2 of
this Article, if the violating entity deliberately evades or obstructs the
penalty imposition, the prescriptive period will be reset to the date on which
the violating entity stops evading or obstructing the penalty imposition.
Article 6. Penalties for resistance to or obstruction of
imposition of penalties for administrative violations in fields prescribed
herein
Any entity that resists or obstruct an official
from performing his/her duties to impose penalties for the administrative
violations in the fields prescribed herein shall face the same administrative
penalties as those imposed for the act of resistance to or obstruction of law
enforcement officials in performance of their duties as prescribed in the
Government’s Decree on penalties for administrative violations against
regulations on social security and public order.
Chapter II
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Section 1. PENALTIES IMPOSED ON
INVESTMENT DECISION MAKERS, INVESTORS OR OWNERS, MANAGERS OR USERS OF
CONSTRUCTION WORKS
Article 7. Violations against
regulations on selection of entities performing construction activities
1 . A fine ranging from VND 30,000,000 to VND
40,000,000 shall be imposed for selecting unqualified entities to perform one
of the following works:
a) Construction surveying;
b) Construction planning;
c) [2] (abrogated)
d) 3[3] (abrogated)
dd) Construction project management;
e) Construction design;
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h) Construction execution;
i) Construction supervision;
k) Construction cost management; construction
valuation;
l) Construction inspection;
m) Construction testing.
2. Notwithstanding the provisions in Clause 1
of this Article, the investor that employs foreign contractors shall face a
fine ranging from VND 70,000,000 to VND 80,000,000 for commission of one of the
following violations:
a) Allowing the foreign contractor that does
not obtain a license to perform construction activities;
b) Letting a foreign contractor fail to comply with
commitments in the joint-venture agreement signed with a Vietnamese contractor
or failing to employ a Vietnamese sub-contractor as prescribed;
c) Letting a foreign contractor temporarily import
and re-export construction machinery and equipment which are available in the
domestic market;
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dd) Failing to notify relevant contractors and
construction quality authorities of employment of foreign contractors to carry
out the project management consultancy or construction quality
supervision.
3. Additional penalty: Construction activities
shall be suspended for 03 months in case of commission of the violation in
Point dd Clause 1 of this Article.
4. Remedial measures:
a) Enforced selection of qualified entities to
perform construction activities in case of commission of the violation in Point
dd Clause 1 of this Article;
b) Enforced re-establishment of construction surveys,
re-formulation of construction projects or construction designs if the
construction is not started or in progress, or enforced inspection of
construction quality if the construction has been completed, transferred and
put into operation, in case of commission of any of the violations in Clause 1
(excluding Point dd) of this Article;
c) Enforced re-export of construction machinery and
equipment in case of commission of the violation in Point c Clause 2 of this
Article;
d)
Enforced notification in writing to relevant contractors and construction
quality authorities in case of commission of the violation in Point dd Clause 2
of this Article.
Article 8. Violations against regulations on construction
surveying
1. A fine
ranging from VND 5,000,000 to VND 10,000,000 shall be imposed for failing to
send written notification of acceptance or refusal of construction survey
reports as prescribed.
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a) Giving approval for a construction survey report
without giving a written notification of acceptance of such construction survey
report;
b)
Refusing to accept or give approval for a construction survey report as
prescribed.
3. A
fine ranging from VND 30,000,000 to VND 40,000,000 shall be imposed for
commission of one of the following violations:
a) Failing
to establish or approve construction survey tasks;
b)
Failing to develop or approve construction survey plans;
c)
Failing to approve additional construction survey tasks before they are
performed by contractors;
d) Preparing or approving construction survey tasks
which are not suitable for one of the following contents: Type or grade of the
construction work; type of construction survey; design steps or construction
design requirements;
dd) Giving approval for a construction survey plan
before the construction survey tasks are approved or which is not suitable for
the approved construction survey tasks;
e)
Failing to supervise construction surveys as prescribed;
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h)
Failing to use topographic maps or using a topographic map which is not
suitable for the construction planning or urban planning;
i)
Failing to carry out additional surveys in case the existing topographic map is
not suitable for actual conditions or expires at the time of formulation of the
construction planning or urban planning or only cadastral map is
available;
k)
Accepting a construction survey report which is not conformable with one of the
following: The actual construction survey volume; the approved construction
survey tasks or the approved construction survey plan;
l) Giving approval for the survey cost estimate
which is not conformable with the approved construction survey tasks or the
approved construction survey plan, or determining construction survey unit
price which is not conformable with the survey contents or inconsistent with
provisions/policies applicable to state-funded construction works;
m) Using the construction survey contractor that
fails to arrange enough workers and survey equipment at the site or the
laboratory (if any) according to the approved construction survey plan.
4.
Remedial measures:
a) Enforced surveying or inspection of quality of
finished construction works or enforced cancellation of survey results if the
construction work is in progress in case of commission of the violation in
Point g Clause 3 of this Article;
b) Enforced performance of additional surveying and
modification of the construction planning according to the additional surveying
results in case of commission of the violation in Point i Clause 3 of this
Article;
c) Enforced re-consideration to approve the
construction survey cost estimate in case of commission of the violation in
Point l Clause 3 of this Article.
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1. A
fine ranging from VND 30,000,000 to VND 40,000,000 shall be imposed for
commission of one of the following violations:
a) Failing to comply with procedures for
formulating construction planning tasks or construction planning project and
modifications thereto;
b)
Failing to get opinions of relevant authorities, organizations, individuals or
residential communities about construction planning tasks or construction
planning project and modifications thereto;
2. Remedial measure: Enforced collection of
opinions of relevant authorities, organizations, individuals or residential
communities in case of commission of the violation in Point b Clause 1 of this
Article.
Article 10. Violations against
regulations on modification of construction planning
1. A
fine ranging from VND 50,000,000 to VND 70,000,000 shall be imposed for
commission of one of the following violations:
a)
Making modifications to the construction planning inconsistently with national
technical regulations/applicable standards;
b)
Making modifications to the construction planning for a land plot within the
planning area approved by a competent authority resulting in change in building
density or population density that overloads the urban/regional technical or
social infrastructure.
2. Remedial measure: Enforced re-formulation of the
modified construction planning in case of commission of the violation in Clause
1 of this Article.
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1. A fine
ranging from VND 30,000,000 to VND 40,000,000 shall be imposed for commission
of one of the following violations:
a)
Failing to formulate a construction project in case it is required;
b) Formulating a construction project which does
not include all required contents as prescribed;
c) Failing to submit the construction project to
the competent construction authority for appraisal as prescribed;
d) Failing to consider giving approval for the
construction project as prescribed.
2. A fine ranging from VND 40,000,000 to VND
50,000,000 shall be imposed for failing to obtain an approval for modifications
to the construction project upon occurrence of changes in one of the following
contents:
a) The investor;
b) Funding source;
c) Total investment.
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a) Failing to comply with the construction planning
approved by a competent authority;
b) Unconformable technological plan or design plan;
c) Insufficient capital;
d) Unconformable financial or socio-economic
efficiency of a state-funded project.
4. Remedial measures (in cases the construction
project is not yet implemented or is in progress):
a) Enforced formulation of construction project in
case of commission of the violation in Point a Clause 1 of this Article;
b) Enforced re-consideration to give approval for
the construction project in case of commission of one of the violations in
Clause 2 and Point b Clause 3 of this Article;
c) Enforced cancellation of the construction
project in case of commission of one of the violations in Point a, Point c and
Point d Clause 3 of this Article.
Article 12. Violations against regulations on construction
design and cost estimation
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a) Failing to prepare construction design tasks as
prescribed;
b)
Giving approval for a construction design or cost estimate inconsistently with
procedures or when it does not meet design dossier requirements;
c)
Failing to obtain an approval for the construction design or cost estimate as
prescribed;
d)
Failing to perform or improperly performing the acceptance testing for a
construction design;
dd)
Failing to formulate or obtain approval for technical instructions in case they
are required;
e) Failing to organize examination or selection of
architectural designers in case such examination or selection is compulsory;
g)
Failing to submit the construction design to a competent construction authority
for appraisal as prescribed.
2. A fine
ranging from VND 50,000,000 to VND 60,000,000 shall be imposed for commission
of one of the following violations:
a)
Preparing construction design tasks which are not conformable with the
pre-feasibility study report or report on proposed investment guidelines or
which do not include all required contents;
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c)
Giving approval for a construction design which is not conformable with
national technical regulations or applicable standards or which is based on an
expired construction standard;
d)
Giving approval for the following-step design which is not corresponding to
main data and information shown in the previous-step design; giving approval
for the construction drawing design which is not corresponding to design tasks
in case of a one-step design;
dd)
Giving approval for technical instructions which do not comply with national
technical regulations or standards applicable to the approved construction
project;
e)
Giving approval for a safety design of a state-funded work in which safety
levels exceed the prescribed ones;
3. A
fine ranging from VND 70,000,000 to VND 80,000,000 shall be imposed for
commission of one of the following violations:
a)
Giving approval for a designed construction method which fails to meet
technical – economic requirements or includes calculated transportation
distances or vehicles unconformable with actual conditions causing an increase
in the cost estimate of a state-funded work;
b)
Giving approval for a cost estimate which uses or adopts norms unconformable
with work contents or contains figures different from norms applicable to
state-funded works;
c)
Giving approval for a cost estimate which adopts norms higher than the ones
applicable to state-funded works as approved by competent authorities;
d)
Giving approval for a cost estimate which indicates prices of building
materials and equipment unconformable with the market prices in the region
where the construction work is located or inconsistently with regulations in
force at the time of determining the cost estimates of contract packages of a
state-funded works;
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e)
Failing to comply with regulations on use of building materials or unbaked
building materials when giving approval for a construction design or cost
estimate;
g)
Failing to comply with procedures, formalities and contents prescribed by law when
organizing examination or selection of architectural designers.
4.
Remedial measures:
a) Enforced establishment of construction design
tasks as prescribed in case of commission of the violation prescribed in Point
a Clause 1 of this Article provided that the construction work is not yet
executed or is in progress;
b) Enforced re-consideration to approve the
construction design in case the construction work is not yet executed or is in
progress and enforced re-formulation of the cost estimate according to
procedures established by law in case of commission of the violation in Point b
Clause 1 of this Article;
c) Enforced consideration to approve the
construction drawing design in case the construction work is not yet executed
or is in progress and enforced re-formulation of the cost estimate as
prescribed in case of commission of the violation in Point c Clause 1 of this
Article;
d) Enforced performance of acceptance testing of
construction design as prescribed in case of commission of the violation in
Point d Clause 1 of this Article;
dd) Enforced formulation and approval for technical
instructions in case of commission of the violation in Point dd Clause 1 of
this Article;
e) Enforced organization of examination of
architectural designers if the construction work is not yet executed or is in
progress in case of commission of the violation in Point e Clause 1 of this
Article;
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h)
Enforced re-consideration to approve modifications to the construction design
in case of commission of the violation in Point b Clause 2 of this Article;
i) Enforced approval for the construction design in
accordance with national technical regulations or applicable standards if the
construction work is not yet executed or is in progress in case of commission
of the violation in Point c Clause 2 of this Article;
k) Enforced approval for the following-step design
in conformity with the previous-step design or the design tasks if the
construction work is not yet executed or is in progress in case of commission
of the violation in Point d Clause 2 of this Article;
l) Enforced approval for technical instructions in
accordance with national technical regulations or applicable standards if the
construction work is not yet executed or is in progress in case of commission
of the violation in Point dd Clause 2 of this Article;
m) Enforced modification of the cost estimate for
re-approval (even when the bidding has been completed) in case of commission of
one of the violations in Point a, Point b, Point c, Point d and Point dd Clause
3 of this Article;
n) Enforced modification of the construction design
and re-formulation of the cost estimate and enforced compliance with the
prescribed portion of unbaked building materials used if the construction work
is not yet executed or is in progress in case of commission of the violation in
Point e Clause 3 of this Article;
o)
Enforced organization of examination or selection of architectural designers in
accordance with procedures, formalities and contents prescribed by law if the
construction work is not yet executed or is in progress in case of commission
of the violation in Point g Clause 3 of this Article.
Article 13. Violations against regulations on urban
development and investment
1. A
fine ranging from VND 40,000,000 to VND 50,000,000 shall be imposed for
commission of one of the following violations:
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b)
Failing to transfer the project on the approved schedule.
2. A fine ranging from VND 50,000,000 to VND
60,000,000 shall be imposed for commission of one of the following violations:
a) Letting secondary investors make investment and construction
inconsistently with the detailed construction planning or the approved progress
(if any);
b) Changing a level-1 investor without obtaining
written approval from a competent authority;
c) Making modifications to the urban development
project without obtaining approval from a competent authority;
d) Failing to complete procedures for certification
of land use rights and ownership of the construction structure been finished
and put into operation;
dd) Failing to provide urban services according to
the project's objectives until the project is transferred to the government or
a professional organization/enterprise in charge of managing urban services
3. Remedial measures:
a) Enforced investment in urban areas according to
the plan in case of commission of the violation in Point a Clause 1 of this
Article;
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c) Enforced obtainment of written approval from a
competent authority in case of commission of one of the violations in Point b,
Point c Clause 2 of this Article;
d) Enforced completion of procedures for
certification of land use rights/ ownership of construction structure as prescribed
in case of commission of the violation in Point d Clause 2 of this Article;
dd) Enforced provision of urban services according
to the project's objectives in case of commission of the violation in Point dd
Clause 2 of this Article.
Article 14. Violations against regulations on commencement
of construction works
1. A
warning or a fine ranging from VND 500,000 to VND 1,000,000 shall be imposed
for commission of one of the following violations:
a)
Failing to send a written notification of commencement date to the People's
Committee of Commune where the construction work is constructed (in case the
building permit is required);
b)
Failing to send a notification of the commencement date or sending it to the
local construction authority after the prescribed deadline, or failing to
attach the construction design to the notification of commencement date in case
the building permit is exempted;
c)
Failing to send a report to the competent authority or sending a report which
does not indicate the contact name and address, name of the work, location of
the construction site, construction scale and planned construction progress
after the commencement of construction.
2. A
fine ranging from VND 15,000,000 to VND 20,000,000 shall be imposed for failing
to meet one of the following conditions when commencing the construction
(except the construction of a single-detached house):
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b) The approved
construction drawing design of the work item;
c) The
construction contract signed by and between the investor and the contractor;
d)
Measures for ensuring safety and environmental protection during the execution
of the construction work.
3. A fine
ranging from VND 80,000,000 to VND 100,000,000 shall be imposed on the investor
for failing to have sufficient funding when commencing the construction work.
4. The
act of commencing the construction work without obtaining a building permit
shall be sanctioned in accordance with Clause 5 Article 15 hereof.
5. Violations against regulations on groundbreaking
ceremony, commencement ceremony and inauguration ceremony of construction works
shall be sanctioned in accordance with the Government’s Decrees on damage
compensation, disciplinary actions and administrative penalties for violations
against regulations on thrift practice and waste prevention.
Article 15. Violations against
regulations on construction order
1. The
following penalties shall be imposed for failing to use safety nets for the
construction site or letting building materials fall outside the construction
site or failing to place building materials at prescribed locations within the
construction site:
a) A
warning or a fine ranging from VND 500,000 to VND 1,000,000 shall be imposed
for the violation involving the construction of single-detached houses or other
construction works which are not subject to the case prescribed in Point b of
this Clause;
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2. The
following penalties shall be imposed for executing a construction work against
the building permit issued for repairs or renovations (except the cases in
Point a, Point b, Point c Clause 7 of this Article):
a) A
fine ranging from VND 3,000,000 to VND 5,000,000 shall be imposed for the
violation involving the construction of single-detached houses in urban areas;
b) A
fine ranging from VND 5,000,000 to VND 10,000,000 shall be imposed for the
violation involving the construction of single-detached houses in a sanctuary
or cultural and historical relic site, or another construction work which is
not subject to the cases prescribed in Point a and Point c of this Clause;
c) A
fine ranging from VND 20,000,000 to VND 30,000,000 shall be imposed for the
violation involving the construction work which is subject to compulsory
formulation of economic – technical report or construction project.
3. The
following penalties shall be imposed for failure to comply with regulations on
quality management for construction works resulting in subsidence, cracking or
damage to technical infrastructure facilities or adjacent buildings (if
relevant parties cannot reach an amicable agreement on damage compensation in
accordance with the Civil Code), or causing collapse or risk of collapse of
adjacent buildings without causing harm to human health and life:
a) A fine
ranging from VND 3,000,000 to VND 5,000,000 shall be imposed for the violation
involving the construction of single-detached house in a rural area or another
construction work which is not subject to the cases in Point b and Point c of
this Clause;
b) A
fine ranging from VND 15,000,000 to VND 20,000,000 shall be imposed for the
violation involving the construction of single-detached house in an urban area;
c) A
fine ranging from VND 20,000,000 to VND 30,000,000 shall be imposed for the
violation involving the construction work which is subject to compulsory
formulation of economic – technical report or construction project.
4. The
following penalties shall be imposed for executing the construction work
against the building permit issued for a new construction (except the cases in
Point a, Point b, Point c Clause 7 of this Article):
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b) A
fine ranging from VND 20,000,000 to VND 30,000,000 shall be imposed for the
violation involving the construction of single-detached house in a sanctuary or
cultural and historical relic site, or another construction work which is not
subject to the cases in Point a and Point c of this Clause;
c) A
fine ranging from VND 30,000,000 to VND 50,000,000 shall be imposed for the
violation involving the construction work which is subject to compulsory
formulation of economic – technical report or construction project.
5. The
following penalties shall be imposed for failing to obtain a building permit
when executing a construction work for which the building permit is required:
a) A
fine ranging from VND 10,000,000 to VND 20,000,000 shall be imposed for the
violation involving the construction of single-detached house in a sanctuary or
cultural and historical relic site, or another construction work which is not
subject to the cases in Point b and Point c of this Clause;
b) A
fine ranging from VND 20,000,000 to VND 30,000,000 shall be imposed for the
violation involving the construction of single-detached house in an urban area;
c) A
fine ranging from VND 30,000,000 to VND 50,000,000 shall be imposed for the
violation involving the construction work which is subject to compulsory
formulation of economic – technical report or construction project.
6. A
fine ranging from VND 40,000,000 to VND 50,000,000 shall be imposed for failing
to comply with the construction design which has been duly appraised and
approved in case of exemption from building permit.
7. A
fine ranging from VND 50,000,000 to VND 60,000,000 shall be imposed for
commission of one of the following violations:
a) Executing
a construction work against the approved construction planning;
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c) Failing to comply with the required construction
elevations;
d) Encroaching protection corridors of national
defense and security works or traffic works (except the cases prescribed by the
Government’s Decrees on administrative penalties for violations against
regulations on road and rail transport), irrigational works, flood control
systems, energy works, cultural and historical relics or other protection areas
of construction works; executing a construction work within an area where a
landslide, inundation or flash flood warning sign is put up (unless a
construction work is built to control these problems);
dd) Building or extending a structure onto the land
area or space lawfully managed and used by another entity, or onto a public or
shared-use area.
8. The
following penalties shall be imposed for continuing any of the violations in
Clause 2, Clause 4, Clause 5, Clause 6 and Clause 7 of this Article after it
has been recorded:
a) A
fine ranging from VND 5,000,000 to VND 10,000,000 shall be imposed for the
violation involving the construction of single-detached house in a sanctuary or
cultural and historical relic site, or another construction work which is not
subject to the cases in Point b and Point c of this Clause;
b) A
fine ranging from VND 35,000,000 to VND 40,000,000 shall be imposed for the
violation that involves the construction of single-detached house in an urban
area but is not subject to Clause 7 of this Article;
c) A
fine ranging from VND 300,000,000 to VND 350,000,000 shall be imposed for the
violation involving the construction work subject to compulsory formulation of
economic – technical report or construction project, or the construction work
prescribed in Clause 7 of this Article.
9. The
following penalties shall be imposed for repeating any of the violations in
Clause 2, Clause 4, Clause 5, Clause 6 and Clause 7 of this Article after it
has been sanctioned:
a) A
fine ranging from VND 10,000,000 to VND 20,000,000 shall be imposed for the
violation involving the construction of single-detached house in a sanctuary or
cultural and historical relic site, or another construction work which is not
subject to the cases in Point b and Point c of this Clause;
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c) A
fine ranging from VND 950,000,000 to VND 1,000,000,000 shall be imposed for the
violation involving the construction work subject to compulsory formulation of
economic – technical report or construction project, or the construction work
prescribed in Clause 7 of this Article.
10.
Additional penalty: The building permit (if any) shall be suspended for 12
months in case of commission of the violation in Clause 9 of this Article.
11.
Remedial measures:
a) Enforced implementation of measures for
treatment of environmental pollution caused by the violation in Clause 1 of
this Article;
b) Enforced use of safety nets for the construction
work and enforced restoration to the initial state in case of commission of the
violation in Clause 1 of this Article;
c) Enforced restoration to initial state and
compensation for damage in case of commission of the violation in Clause 3 of
this Article;
d)
Enforced demolition of the construction work or work item in case of commission
of one of the violations in Clause 2, Clause 4, Clause 5 (if the violation has
ended), Clause 6 and Clause 7 of this Article.
12. If
the violation in Clause 2, Clause 4 or Clause 5 of this Article involves an
in-progress construction work, it shall be handled as follows:
a)
Record the violation and request the violating entity to stop executing the
construction work;
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c) After
the time limit stated in Point b of this Clause, if the violating entity fails
to present the building permit or a modified one to the official competent to
impose penalties, such organization or it/(s)he is compelled to dismantle the
illegal construction work or its item(s).
13. With
regard to the violation in Clause 12 of this Article, if the finished work item
is not conformable with the building permit or the modified one, the violating
entity shall continue executing the construction work after having dismantled
that work item.
Article 16. Violations against
regulations on execution of construction works
1. A warning or a fine ranging from VND 500,000 to
VND 1,000,000 shall be imposed for commission of one of the following
violations:
a)
Failing to place a warning sign at the construction site or placing a warning
sign which does not indicate all of required information;
b) Failing
to notify duties and powers of persons in charge of the investor’s quality
management system to relevant contractors as prescribed;
c)
Failing to specify the priority given to contractors winning prizes related to
the quality of construction works in the bidding documents for the construction
work;
d) Failing to include all of required documents in
the as-built documentation.
2. A fine ranging from VND 10,000,000 to VND
20,000,000 shall be imposed for commission of one of the following violations:
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b) Failing to prepare as-built documentation.
3. A fine ranging from VND 20,000,000 to VND
30,000,000 shall be imposed for commission of one of the following violations:
a)
Failure to carry out inspection resulting in the building contractor’s failure
to meet capacity requirements in terms of personnel, construction equipment,
construction testing labs or quality management system as specified in the bid
package;
b) Failing to have the report on inspection of the
contractor’s construction methods, and health, safety and environment measures;
c)
Failure to carry out inspection resulting in test reports’ failure to comply
with applicable regulations or lack of test results as prescribed.
4. A
fine ranging from VND 30,000,000 to VND 40,000,000 shall be imposed for
commission of one of the following violations:
a)
Failing to carry out inspection resulting in the building contractor’s failure
to adhere to the approved construction method;
b) Failing to carry out inspection resulting in the
building contractor’s failure to ask for an extension to the contract
performance guarantee on the prescribed schedule;
c) Executing the construction work inconsistently
with national technical regulations or applicable standards;
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dd) Using building materials for which the
declaration of conformity is not made where the declaration of conformity is
compulsory;
e) Failing to purchase construction works insurance
as prescribed.
5. A
fine ranging from VND 70,000,000 to VND 80,000,000 shall be imposed for failure
to comply with regulations on use of unbaked building materials.
6. Remedial
measures:
a) Enforced placing of warning signs containing
sufficient information as prescribed at the construction site in case of
commission of the violation in Point a Clause 1 of this Article;
b) Enforced provision of written notification of
duties and powers of individuals in charge of the investor’s quality management
system to relevant contractors in case of commission of the violation in Point
b Clause 1 of this Article;
c) Enforced inclusion of provisions of priority
given to contractors winning prizes related to quality of construction works in
the bidding documents in case of commission of the violation in Point c Clause
1 of this Article;
d) Enforced preparation of as-built documentation
as prescribed in case of commission of the violation in Point d Clause 1 or
Point b Clause 2 of this Article;
dd) Enforced organization of construction
supervision activities in case of commission of the violation in Point a Clause
2 of this Article;
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g) Enforced execution of the construction work
according to the approved construction method in case of commission of the
violation in Point a Clause 4 of this Article;
h) Enforced application for extension of contract
performance guarantee as prescribed in case of commission of the violation in
Point b Clause 4 of this Article;
i) Enforced execution of the construction work in
conformity with national technical regulations or applicable standards in case
of commission of the violation in Point c Clause 4 of this Article;
k) Enforced purchase of construction works
insurance in case of commission of the violation in Point e Clause 4 of this
Article.
l) Enforced compliance with the proportion of
unbaked building materials used in an in-progress construction work in case of
commission of the violation in Clause 5 of this Article.
Article 17. Violations against regulations on acceptance
testing, payment and statement of construction costs
1. A
fine ranging from VND 10,000,000 to VND 20,000,000 shall be imposed for
commission of one of the following violations:
a)
Allowing a person, who does not possess a practicing certificate for
construction supervisor or whose practicing certificate is not conformable with
acceptance works, to supervise or sign documents included in the acceptance
testing dossier;
b)
Failing to comply with acceptance testing procedures;
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2. A
fine ranging from VND 50,000,000 to VND 60,000,000 shall be imposed for making
payments in case of insufficient payment documents.
3. The
following fines shall be imposed for failing to submit the construction cost
statement to the investment decision maker by the prescribed deadline after the
construction work has been finished and put into official operation:
a) A
fine ranging from VND 70,000,000 to VND 90,000,000 shall be imposed for
submitting the construction cost statement later than 09 months after the
completion of a nationally significant project or a group-A project;
b) A
fine ranging from VND 50,000,000 to VND 70,000,000 shall be imposed for
submitting the construction cost statement later than 06 months after the
completion of a group-B project;
c) A
fine ranging from VND 30,000,000 to VND 50,000,000 shall be imposed for
submitting the construction cost statement later 03 months after the completion
of a group-C project.
4. A
fine ranging from VND 50,000,000 to VND 60,000,000 shall be imposed failing to
carry out the acceptance testing before putting the finished construction work
or work item into official operation.
5. A
fine ranging from VND 70,000,000 to VND 80,000,000 shall be imposed for
commission of one of the following violations:
a)
Accepting the work which is not yet executed or accepting a work volume
exceeding the actually completed volume;
b)
Accepting the construction work that fails to meet the requirements for
construction quality or building materials as stated in the design dossier or
as-built documentation;
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6.
Remedial measures:
a)
Enforced provision of all of documents required for payment of construction
costs in case of commission of the violation in Clause 2 of this Article;
b)
Enforced submission of the construction cost statement to the investment
decision maker within 01 month after the completion of the construction work in
case of commission of the violation in Clause 3 of this Article;
c)
Enforced performance of acceptance testing of the construction work or the work
item within 01 month, and enforced compensation for damage to persons having
related rights and duties (if any) in case of commission of the violation in
Clause 4 of this Article.
d)
Enforced performance of acceptance testing according to the actual work volume
and enforced recovery of amounts of money improperly paid in case of commission
of the violation in Point a Clause 5 of this Article;
dd)
Enforced improvement of quality of the construction work in conformity with the
approved design in case of commission of the violation in Point b Clause 5 of
this Article;
e) Enforced submission of a written request to the
competent authority for inspection of the construction work within 15 days in
case of commission of the violation in Point c Clause 1 or Point c Clause 5 of
this Article.
Article 18. Violations against
regulations on construction contracts
1. A
fine ranging from VND 20,000,000 to VND 30,000,000 shall be imposed for commission
of one of the following violations:
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b)
Failing to use Vietnamese in the construction contract.
2. A
fine ranging from VND 80,000,000 to VND 100,000,000 shall be imposed for
commission of one of the following violations:
a)
Concluding a construction contract in which the contract price is higher than
the bid price or negotiated price (except additional work volume arising outside
the contract package as approved by the investment decision maker);
b)
Agreeing upon an advance payment percentage higher than the prescribed one or
making advance payment when the advance payment bond is not valid;
c)
Failing to comply with the number of payments, payment periods, payment dates
or time-limits as specified in the construction contract, unless otherwise
agreed upon by the parties;
d) Failing
to carry out finalization or termination of the construction contract for a
state-funded construction work within the prescribed time limit.
3.
Remedial measures:
a)
Enforced compliance with regulations in case of commission of the violation in
Clause 1 or Point b Clause 2 of this Article;
a)
Enforced compliance with the bid price in case of commission of the violation
in Point a Clause 2 of this Article;
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Article 19. Violations against regulations on warranty,
maintenance and operation of construction works
1. A fine ranging from VND 5,000,000 to VND
10,000,000 shall be imposed on the investor, owner or manager of the
construction work for committing one of the following violations:
a)
Failing to give approval for maintenance procedures for construction works as
prescribed;
b)
Failing to organize supervision or acceptance testing of repairs of the
construction performed by the building contractor and building material
supplier.
2. A
fine ranging from VND 20,000,000 to VND 30,000,000 shall be imposed on the
investor, owner or manager of the construction work for committing one of the
following violations:
a)
Failing to formulate maintenance procedures for construction works or failing
to comply with the approved maintenance procedures;
b)
Failing to develop the annual maintenance plan for construction works as
prescribed;
c)
Failing to document repairs of the construction work as prescribed;
d) Failing to transfer, or delaying the transfer,
or insufficiently transferring the approved maintenance procedures to the owner
or manager of the construction work;
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3. A
fine ranging from VND 30,000,000 to VND 40,000,000 shall be imposed on the
investor, owner or manager of the construction work for committing one of the
following violations:
a)
Failing to carry out the inspection or assessment of the actual quality and
conditions of the construction work so as to request the competent authority to
consider approving an extension of operating duration of the construction work
whose design service life expires;
b)
Failing to carry out the construction monitoring as prescribed;
c) Carrying out maintenance of the construction
work according to expired technical standards;
d) Failing to carry out periodical assessment of
bearing capacity and safe operation of the construction work or failing to send
assessment reports to competent authorities as prescribed;
dd) Failing to examine, repair and adopt emergency measures
against the construction work or work item that denotes unsafe operation, or
failing to report thereof as prescribed;
e) Failing to perform one of the following tasks
upon expiry of service life of the construction work: Reinforcing, renovating
and repairing damage (if any) before consideration and decision on extension of
operating duration of the construction work; submitting report on inspection
and assessment of quality and any repairs of the construction work to competent
authorities as prescribed.
4.
Remedial measures:
a)
Enforced consideration and approval of maintenance procedures for construction
works as prescribed in case of commission of the violation in Point a Clause 1
of this Article;
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c) Enforced supervision and acceptance testing or
documentation of repairs of the construction work in case of commission of the
violation in Point b Clause 1 or Point c Clause 2 of this Article;
d) Enforced transfer of the approved maintenance
procedures in case of commission of the violation in Point d Clause 2 of this
Article;
dd) Enforced formulation, appraisal and approval of
the maintenance cost estimate in case of commission of the violation in Point
dd Clause 2 of this Article;
e) Enforced assessment of bearing capacity and safe
operation of the construction work or enforced submission of assessment reports
to competent authorities in case of commission of the violation in Point d
Clause 3 of this Article;
g) Enforced fulfillment of duties and
implementation of necessary measures as prescribed in case of commission of the
violation in Point dd Clause 3 of this Article;
h) Enforced reinforcement, renovation and repair of
damage (if any) before consideration and decision on extension of operating
duration of the construction work; enforced submission of reports on inspection
and assessment of quality and any repairs of the construction work to competent
authorities in case of commission of the violation in Point e Clause 3 of this
Article.
Article 20. Violations against
regulations on records management and retention
1. A fine ranging from VND 10,000,000 to VND
20,000,000 shall be imposed for committing one of the following violations:
a) Failing to retain as-built documentation of the
construction work or failing to retain all of required documents of the
as-built documentation;
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2. Remedial measure: Enforced retention or addition
of documents to be retained as prescribed in case of commission of the
violation in Clause 1 of this Article.
Article 21. Violations against
regulations on construction incidents
1. A
fine ranging from VND 1,000,000 to VND 5,000,000 shall be imposed for
commission of one of the following violations:
a)
Failing to report the construction incident to competent authorities as
prescribed;
b)
Failing to protect the incident scene or deliberately dismantling or cleaning
up the incident scene without obtaining approval from a competent authority;
c)
Failing to record the construction incident as prescribed.
2.
Remedial measures:
a)
Enforced submission of written report on the construction incident to competent
authorities in case of commission of the violation in Point a Clause 1 of this
Article;
b)
Enforced recording of the construction incident in case of commission of the
violation in Point c Clause 1 of this Article.
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If project management consultants, specialized
project management boards or regional project management boards are investors
and commit violations, depending on their assigned duties, they shall incur
penalties as prescribed in Article 7 through 21 hereof.
Section 2. PENALTIES IMPOSED ON
CONTRACTORS, INVESTORS (IN CASE OF SELF-IMPLEMENTATION OF CONSTRUCTION WORKS),
AND RELEVANT ENTITIES
Article 23. Violations against
eligibility requirements
1. A
fine ranging from VND 10,000,000 to VND 20,000,000 shall be imposed on the
person who performs construction works for committing one of the following
violations:
a) Failing to satisfy qualification requirements,
or performing a construction job against his/her practicing certificate, or
failing to possess a practicing certificate or using an expired one;
b) Borrowing, lending or leasing practicing
certificate for performing construction activities;
c) Failure by a foreigner or an overseas
Vietnamese, who practices construction job in Vietnam, to carry out procedures
for conversion of his/her practicing certificate as prescribed.
2. A fine ranging from VND 20,000,000 to VND
30,000,000 shall be imposed on the organization operating in construction field
for committing one of the following violations:
a) Appointing a person who does not have a
practicing certificate or is not qualified for the grade or type of the
construction work to hold a job position;
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c) Failing to possess a capacity certificate or
using an expired one to operate in construction field;
d) 5[5] (abrogated)
dd) 6[6] (abrogated)
3. Apart from the penalties stated in Clause 2 of
this Article, the foreign contractor shall also incur a fine ranging from VND
30,000,000 to VND 40,000,000 for committing one of the following violations:
a) Violating reporting policies;
b) Performing a construction job in Vietnam without
obtaining a license to perform construction activities;
c) Failing to enter into a joint venture with
Vietnamese contractors or failing to employ Vietnamese subcontractors as
prescribed;
d) [7] (abrogated)
dd) Failing to register or notify address,
telephone number, fax number and email address of the contractor's executive
office or representative in charge of executing the construction contract in
Vietnam to competent authorities as prescribed;
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g) Failing to perform the joint-venture agreement
signed with the Vietnamese contractor or failing to employ Vietnamese
subcontractors as indicated in the application for a license to perform
construction activities;
h) Failing to indicate the contents, volume or
value of construction works undertaken by the Vietnamese contractor in the
joint-venture agreement or by Vietnamese subcontractors;
i) Failing to carry out quality inspection of
building materials and equipment imported under the building contract or
failing to carry out the safety inspection of building equipment as prescribed.
4. Additional penalties:
a) The practicing certificate shall be suspended
for 06 - 12 months in case of commission of the violation in Point a or Point b
Clause 1 of this Article;
b) Construction activities shall be suspended for
03 – 06 months in case of commission of the violation in Point b Clause 2 of
this Article;
c) Construction activities shall be suspended for a
fixed period of 06 – 12 months for lack of capacity certificate, or of 03 – 06
months for use of an expired capacity certificate in case of commission of the
violation in Point c Clause 2 of this Article;
d) Construction activities performed in Vietnam
shall be suspended for 24 months in case of commission of the violation in
Point b Clause 3 of this Article;
5. Remedial measures:
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b) Enforced conversion of practicing certificate in
case of commission of the violation in Point c Clause 1 of this Article;
c) Enforced appointment of qualified persons or who
possess appropriate practicing certificates in case of commission of the violation
in Point a Clause 2 of this Article;
d) [8] (abrogated)
dd) [9] (abrogated)
e) Enforced submission of reports to competent
authorities in case of the violation in Point a Clause 3 of this Article;
g) Enforced application for a license to perform
construction activities in case of commission of the violation in Point b
Clause 3 of this Article;
h) Enforced compliance with commitments under the
law of Vietnam in case of commission of the violation in Point c Clause 3 of
this Article;
i) [10] (abrogated)
k) Enforced registration or notification of
required information in case of commission of the violation in Point dd Clause
3 of this Article;
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m) Enforced compliance by contractor with the law
of Vietnam if the violation prescribed in Point g Clause 3 of this Article is
committed;
n) Enforced addition of contents, volume or value
of construction works undertaken by Vietnamese contractor to the signed
joint-venture agreement or by Vietnamese subcontractors to agreements signed
with the foreign contractor in case of commission of the violation in Point h
Clause 3 of this Article;
o) Enforced inspection of quality of imported
building materials and equipment and enforced re-export of materials and
equipment which fail to meet quality requirements specified in the signed
contract or technical regulations/standards of Vietnam, or enforced inspection
of safety of construction equipment in case of commission of the violation in
Point i Clause 3 of this Article.
Article 24. Violations against regulations on bid packages
1. A
fine ranging from VND 20,000,000 to VND 30,000,000 shall be imposed on the
contractor for failing to meet capacity requirements as specified in the bid
package or for arranging workers or building materials and equipment other than
those specified in the bid package or bid results.
2. Remedial measure: Enforced compliance with
commitments specified in the bid package or bid results in case of commission
of the violation in Clause 1 of this Article.
Article 25. Violations against national technical
regulations, applicable standards, regulations on use of construction data and
documents
1. A
fine ranging from VND 10,000,000 to VND 20,000,000 shall be imposed for
application of foreign standards without obtaining approval from the investment
decision maker.
2. A
fine ranging from VND 20,000,000 to VND 40,000,000 shall be imposed for using
test reports provided by an unqualified construction testing laboratory.
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4. A
fine ranging from VND 60,000,000 to VND 80,000,000 shall be imposed for failing
to apply or improperly applying national technical regulations or applicable
standards.
5. Remedial measures:
a) Enforced cancellation of test reports or
ungrounded data and documents in case of commission of the violation in Clause
2 or Clause 3 of this Article;
b) Enforced application of national technical
regulations or applicable standards in case of commission of the violation in
Clause 4 of this Article.
Article 26. Violations against regulations on construction
surveying
1. A
fine ranging from VND 20,000,000 to VND 30,000,000 shall be imposed for
commission of one of the following violations:
a) Using
workers, equipment and/or laboratory unconformable with the approved
construction survey plan;
b)
Failing to have test reports indicating all of required contents;
c)
Failing to keep survey samples or survey documents as prescribed;
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2. A
fine ranging from VND 30,000,000 to VND 40,000,000 shall be imposed for
commission of one of the following violations:
a)
Failing to have survey tasks, construction survey plan or survey report that
indicate all of required information; accepting a survey report which lacks
required information;
b)
Preparing a construction survey plan which is not conformable with construction
survey tasks or applicable standards or national technical regulations on construction
surveying;
c)
Preparing a construction survey task or construction survey plan that is not
conformable with the grade or type of the construction work or the type of
construction surveying;
d)
Performing construction surveys before having the construction survey tasks or
construction survey plan approved or failing to comply with the survey
procedures;
dd)
Failing to perform construction surveys according to the approved survey tasks
or survey plan;
e) Failing to adopt quality control measures in
surveying according to the construction survey plan;
g) Failing to purchase professional liability
insurance as prescribed.
3. A fine
ranging from VND 40,000,000 to VND 50,000,000 shall be imposed for commission
of one of the following violations:
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b)
Failing to implement measures for ensuring safety of people and equipment of
technical infrastructure facilities and the construction work as well as
protecting the environment and landscape at the surveying site.
4. Remedial measures:
a) Enforced cancellation of survey results, reports
and data that do not correspond to the reality or are not conformable with
regulations, and enforced cancellation of test reports in case of commission of
one of the violations in Point a, Point b Clause 1 and Point a Clause 3 of this
Article;
b) Enforced preparation of survey tasks,
construction survey plan and surveying of construction works which are not yet
executed in case of commission of one of the violations in Point a, Point b,
Point c and Point dd Clause 2 of this Article;
c) Enforced adoption of quality control measures in
surveying in case of commission of the violation in Point e Clause 2 of this
Article;
d) Enforced purchase of professional liability
insurance in case of commission of the violation in Point g Clause 2 of this
Article.
Article 27. Violations against regulations on construction
planning
1. A
fine ranging from VND 5,000,000 to VND 10,000,000 shall be imposed for
formulating regional planning, special functional zone planning, urban
planning, rural planning or technical infrastructure planning in which planning
period exceeds the prescribed one.
2. A
fine ranging from VND 15,000,000 to VND 20,000,000 shall be imposed for
commission of one of the following violations:
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b)
Failing to use the prescribed topographic maps.
3. A
fine ranging from VND 20,000,000 to VND 30,000,000 shall be imposed for
commission of one of the following violations:
a) Failing to prepare the planning task which
includes of all of required information;
b) Failing to get opinions from relevant
authorities, organizations, individuals or residential communities about the
urban planning task or project;
c) Failing to send sufficient documents about the
construction planning task or project for appraisal and approval or getting
opinions as prescribed;
d) Failing to obtain a competent authority’s
certifying seal on the construction planning drawing after an approval decision
has been issued;
dd)
Failing to send the approved construction planning dossier to the competent
construction planning authority for retention as prescribed.
4. A
fine ranging from VND 50,000,000 to VND 70,000,000 shall be imposed for
commission of one of the following violations:
a) Failing to have a planning project that includes
adequate notes, drawings and information as required;
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c)
Formulating a general construction planning against the regional construction
planning; a construction sub-zone planning against the general construction
planning; a detailed construction planning against the construction sub-zone
planning; or a detailed planning for construction of a rural residential
quarter against the communal general construction planning;
d)
Failing to publish the approved construction planning project.
5.
Remedial measures:
a)
Enforced use of the prescribed topographic maps when formulating the
construction planning project in case of commission of the violation in Point b
Clause 2 of this Article;
b)
Enforced preparation of planning tasks, or documents sent for appraisal,
approval or getting opinions in case of commission of the violation in Point a
or Point c Clause 3 of this Article;
c) Enforced collection of opinions from relevant
authorities, organizations, individuals or residential communities in case of
commission of the violation in Point b Clause 3 of this Article;
d)
Enforced submission of the approved construction planning dossier to the competent
construction planning authority for retention in case of commission of the
violation in Point dd Clause 3 of this Article;
dd)
Enforced preparation of notes, or drawings of the construction planning project
or the urban design dossier in case of commission of the violation in Point a,
Point b or Point c Clause 4 of this Article;
e)
Enforced publishing of the approved construction planning project in case of
commission of the violation in Point d Clause 4 of this Article.
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1. A fine ranging from VND 20,000,000 to VND
30,000,000 shall be imposed for commission of one of the following violations:
a) Carrying out appraisal of a construction project
or construction work which it formulated or designed;
b) Failing to report correct appraisal results.
2. A fine ranging from VND 30,000,000 to VND
40,000,000 shall be imposed for failing to complete the appraisal of
construction projects within the following prescribed time limits:
a) 30 days for a nationally significant project;
b) 20 days for a group-A project;
c) 15 days for a group-B project;
d) 10 days for a group-C project.
Article 29. Violations against regulations on construction
designs and cost estimates
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a) Preparing
a construction design dossier inconsistently with regulations;
b)
Failing to comply with procedures when modifying a construction design;
c)
Preparing the following-step design before obtaining an approval for the
previous-step design or which is not conformable with the approved
previous-step design.
2. A
fine ranging from VND 20,000,000 to VND 30,000,000 shall be imposed for
commission of one of the following violations:
a)
Including information on a producer or supplier of building materials and
equipment in the construction design of a state-funded work;
b)
Failing to specify the use of unbaked building materials in the design of a
construction work which requires the use of unbaked building materials, or
failing to ensure the portion of unbaked building materials as prescribed by
law, or failing to comply with regulations on use of building materials;
c)
Preparing the safety design of a state-funded work in which safety levels
exceed the prescribed ones;
d)
Failing to carry out acceptance check of the construction design dossier or
carrying out acceptance check of the construction design inconsistently with
regulations;
dd) Developing construction methods that do not
meet economic – technical requirements;
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g) Application or use of norms which are not
conformable with working contents resulting in increased costs in the cost
estimate of a state-funded construction work;
h) Setting prices of materials and equipment which
are not conformable with the prices announced or quoted by suppliers or the
market prices applied in the region where the project is executed at the time
of preparing the cost estimate of a state-funded construction work;
i)
Including volumes of auxiliary works, for which design drawings are not
available, in the construction cost estimate, or preparing a construction cost
estimate in which volumes are not conformable with those calculated according
to the design drawing of a state-funded construction work.
3. A
fine ranging from VND 30,000,000 to VND 40,000,000 shall be imposed for
commission of one of the following violations:
a) Failing
to specify or insufficiently specifying standards and features of building
materials, equipment and components in the construction design;
b)
Issuing a design dossier to the construction work which requires geological
surveys before obtaining survey results or against the survey results;
c)
Failing to use sample or typical design for the construction work as
prescribed;
d)
Developing a design without complying with regulations on environmental
protection, fire fighting and prevention, and response to climate change, and
other safety requirements;
dd) Failing to carry out the designer's supervision
in course of execution of the construction work;
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4.
Additional penalty:
The
practicing certificate of the design leader or manager shall be suspended for
06 - 12 months, depending on the severity of the violation, in case of
commission of the violation in Clause 2 or Clause 3 of this Article.
5.
Remedial measures:
a)
Enforced inclusion of types or portions of building materials in the
construction design or cost estimate in case the construction work is not yet
executed or in progress in case of commission of the violation in Point b
Clause 2 of this Article;
b)
Enforced adoption of construction methods or formulation of cost estimates in
case of commission of the violation in Point c, Point dd, Point e, Point g,
Point h or Point i Clause 2 of this Article;
c)
Enforced acceptance check of construction design dossier in case of commission
of the violation in Point d Clause 2 of this Article;
d)
Enforced development of the design according to the survey results in case of
commission of the violation in Point b Clause 3 of this Article;
dd) Enforced purchase of professional liability
insurance in case of commission of the violation in Point e Clause 3 of this
Article.
Article 30. Violations against regulations on construction
order
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a) A
warning or a fine ranging from VND 500,000 to VND 1,000,000 shall be imposed
for the violation involving the construction of single-detached houses or other
construction works, except the case in Point b of this Clause;
b) A fine
ranging from VND 5,000,000 to VND 10,000,000 shall be imposed for the violation
involving the construction work which is subject to compulsory formulation of
economic – technical report or construction project.
2. The
following penalties shall be imposed for failure to comply with regulations on
quality management for construction works resulting in subsidence, cracking or
damage to technical infrastructure facilities or adjacent buildings (if
relevant parties cannot reach an amicable agreement on damage compensation in
accordance with the Civil Code), or causing collapse or risk of collapse of
adjacent buildings without causing harm to human health and life:
a) A
warning or a fine ranging from VND 3,000,000 to VND 5,000,000 shall be imposed
for the violation involving the construction of single-detached house in a
rural area or another construction work which is not subject to the cases in
Point b and Point c of this Clause;
b) A
fine ranging from VND 15,000,000 to VND 20,000,000 shall be imposed for the
violation involving the construction of single-detached house in an urban area;
c) A
fine ranging from VND 20,000,000 to VND 30,000,000 shall be imposed for the
violation involving the construction work which is subject to compulsory
formulation of economic – technical report or construction project.
3. The
following penalties shall be imposed on contractors for continuing the
execution of construction work whose investor is liable to a record of the
administrative violation in Clause 2, Clause 4, Clause 5, Clause 6 or Clause 7
Article 15 hereof:
a) A
fine ranging from VND 40,000,000 to VND 50,000,000 shall be imposed for the
violation involving the construction of single-detached house in an urban area;
b) A
fine ranging from VND 50,000,000 to VND 60,000,000 shall be imposed for the
violation involving the construction of single-detached house in a sanctuary or
cultural and historical relic site, or another construction work which is not
subject to the cases in Point a and Point c of this Clause;
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4. Remedial measures:
a) Enforced restoration to the initial state or
enforced use of safety nets or adoption of other measures for covering the
construction work in case of commission of the violation in Clause 1 or Clause
2 of this Article;
b) Enforced compensation for damage as prescribed
in case of commission of the violation in Clause 2 of this Article.
Article 31. Violations against regulations on safety in
execution of construction works
1. A
fine ranging from VND 5,000,000 to VND 10,000,000 shall be imposed for failing
to keep a safety log or keeping the one which does not include adequate
information as required.
2. A
fine ranging from VND 20,000,000 to VND 30,000,000 shall be imposed for
commission of one of the following violations:
a)
Allowing workers who do not wear personal protective equipment or safety
working clothing to work at the construction site;
b)
Failing to prepare measures for ensuring safety of workers, construction
equipment and heavy-duty vehicles as well as the construction work before it is
executed;
c) Using
the construction equipment without a valid certificate of sale or certificate
of inspection or with an expired certificate of inspection;
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dd)
Using workers who do not complete training courses in occupational safety.
3. A fine ranging from VND 30,000,000 to VND
40,000,000 shall be imposed for commission of one of the following violations:
a) Failing to comply with the procedures for demolition
of construction works;
b) Failing to purchase insurance for workers
working at the construction site.
4. Remedial measures:
a) Enforced provision of adequate personal protective
equipment or safety working clothing for workers at the construction site in
case of commission of the violation in Point a Clause 2 of this Article;
b) Enforced preparation of measures for ensuring
safety of workers, construction equipment and heavy-duty vehicles as well as
the construction work before executing the construction work in case of
commission of the violation in Point b Clause 2 of this Article;
c) Enforced use of construction equipment with
valid certificate of sale and certificate of inspection in case of commission
of the violation in Point c Clause 2 of this Article;
d) Enforced placing of warning signs and
arrangement of instructors at the construction site for preventing unexpected
accidents in case of commission of the violation in Point d Clause 2 of this
Article;
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e) Enforced compliance with procedures for
demolition of construction works in case of commission of the violation in
Point a Clause 3 of this Article;
g) Enforced purchase of insurance in case of
commission of the violation in Point b Clause 3 of this Article.
Article 32. Violations against
regulations on execution of construction works
1. A
fine ranging from VND 5,000,000 to VND 10,000,000 shall be imposed for
commission of one of the following violations:
a)
Failing to record the inspection of construction machinery and equipment before
use;
b)
Failing to transfer the site or move building materials, machinery, equipment
and other assets of the contractor out of the construction site after the
construction work has undergone acceptance testing and transferred (unless
otherwise specified in the signed contract);
c)
Failing to keep construction daily log or improperly preparing the construction
daily log;
d) Loss
of positioning or boundary markers.
2. A
fine ranging from VND 10,000,000 to VND 20,000,000 shall be imposed for failing
to obtain the investor’s approval for one of the following works:
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b)
Measures for inspection or control of quality of materials, products,
components and equipment used to build the construction work; designed
construction methods (including measures for ensuring safety of workers,
construction machinery and equipment and the construction work);
c) Plans
for inspection and acceptance testing of construction tasks, execution phases
or items of the construction work, or finished construction work or work item.
3. A
fine ranging from VND 10,000,000 to VND 20,000,000 shall be imposed for failing
to prepare construction quality control dossier as prescribed or preparing the
one that does not correspond to the actual working times at the construction
site.
4. A
fine ranging from VND 20,000,000 to VND 30,000,000 shall be imposed for
commission of one of the following violations:
a)
Failing to comply with regulations on design regarding the use of building
materials;
b)
Failing to make as-built drawing as prescribed or making the one which does not
correspond to the actual construction work.
5. A
fine ranging from VND 30,000,000 to VND 40,000,000 shall be imposed for
commission of one of the following violations:
a) Using
building materials, components and technological equipment without a valid
certificate of origin or quality certificate;
b)
Executing the construction work against the approved design or technical
instructions;
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d)
Executing the construction work against the approved construction method;
dd)
Failing to carry out surveying or monitoring of the construction work according
to design requirements approved by the investor or failing to carry out single-
or inter-acting testing according to the plan approved by the investor before
requesting for commissioning.
6. A
fine ranging from VND 40,000,000 to VND 50,000,000 shall be imposed for
commission of one of the following violations:
a)
Failing to establish a quality control system or establishing a quality control
system which does not correspond to the scale of the construction work;
b)
Failing to specify the organizational chart or duties of each individual or
each department in charge of quality control of the construction work in the
quality control system.
c)
Failing to organize construction supervision tasks as prescribed.
7.
Remedial measures:
a) Enforced recording of inspection of construction
machinery and equipment before they are used for executing the construction
work in case of commission of the violation in Point a Clause 1 of this
Article;
b) Enforced transfer of the site and moving of
building materials, machinery, equipment and other assets of the contractor out
the construction site in case of commission of the violation in Point b Clause
1 of this Article;
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d)
Enforced re-placing of positioning and boundary markers in case of commission
of the violation in Point d Clause 1 of this Article;
dd)
Enforced preparation of construction quality control dossier corresponding to
the actual working times at the construction site in case of commission of the
violation in Clause 3 of this Article;
e) Enforced use of building materials according to
the approved design of the in-progress construction work in case of commission
of the violation in Point a Clause 4 of this Article;
g) Enforced making of as-built drawing
corresponding to the actual construction status in case of commission of the
violation in Point b Clause 4 of this Article;
h)
Enforced execution of the construction work according to the approved design,
technical instructions or the approved construction method in case of
commission of the violation in Point b or Point d Clause 5 of this Article;
i)
Enforced performance of surveying or monitoring of the construction work or
enforced performance of single- and inter-acting testing before requesting for
commissioning in case of commission of the violation in Point dd Clause 5 of
this Article;
k)
Enforced establishment of quality control system corresponding to the scale of
the construction work in case of commission of the violation in Point a Clause
6 of this Article;
l)
Enforced establishment of the quality control system which must specify organizational
chart and duties of each individual and each department in charge of quality
control of the construction work in case of commission of the violation in
Point b Clause 6 of this Article.
Article 33. Violations against regulations on construction
supervision
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a)
Failing to perform construction supervision tasks as prescribed;
b)
Signing documents included in the acceptance testing dossier without possessing
a practicing certificate for construction supervisor or while possessing a
practicing certificate of unsuitable practicing field, types of construction
works, practicing class or duration;
c)
Failing to prepare construction supervision reports as prescribed.
2. A
fine ranging from VND 50,000,000 to VND 60,000,000 shall be imposed for
commission of one of the following violations:
a)
Falsifying supervision results;
b)
Letting a building contractor execute the construction work against the
approved design, or fail to use building materials of prescribed types, or
execute the construction work against the approved construction method;
c)
Letting a building contractor execute the construction work without using
unbaked building materials as prescribed.
3.
Remedial measures:
a)
Enforced performance of construction supervision tasks in case of commission of
the violation in Point a Clause 1 of this Article;
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c)
Enforced cancellation of construction supervision results in case of commission
of the violation in Point a Clause 2 of this Article;
d) Enforced use of unbaked building materials to
build the remaining work items in case of commission of the violation in Point
c Clause 2 of this Article.
Article 34. Violations against regulations on acceptance
testing and payment for finished work volume
1. A
fine ranging from VND 10,000,000 to VND 15,000,000 shall be imposed for failing
to carry out the acceptance testing as prescribed or failing to comply with
acceptance testing procedures.
2. A
fine ranging from VND 20,000,000 to VND 30,000,000 shall be imposed for
delaying the completion of documents/papers serving the acceptance testing of
the construction work, payment and statement of construction costs as
prescribed.
3. A
fine ranging from VND 50,000,000 to VND 60,000,000 shall be imposed for
commission of one of the following violations:
a)
Accepting the work which is not yet executed or accepting a work volume
exceeding the actually completed volume;
b)
Failing to meet or comply with quality requirements, applicable standards/national
technical regulations or design requirements when carry out acceptance testing;
c)
Performing acceptance testing of the finished construction work or work items
before obtaining the acceptance testing record for the fire system.
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5. Remedial measures:
a)
Enforced performance of acceptance testing in case of commission of the
violation in Clause 1 of this Article;
b)
Enforced cancellation of acceptance testing results in case of commission of
the violation in Point a or Point b Clause 3 of this Article, and enforced
recovery of amounts improperly paid in case of commission of the violation in
Point a Clause 3 of this Article;
c)
Enforced obtainment of the acceptance testing report for the fire system in
case of commission of the violation in Point c Clause 3 of this Article;
d) Enforced performance of acceptance testing in
case of commission of the violation in Clause 4 of this Article.
Article 35. Violations against
regulations on construction contracts
A fine
ranging from VND 20,000,000 to VND 30,000,000 shall be imposed for commission
of one of the following violations:
1.
Failing to enter into a joint-venture agreement with the contractor that is a
party of the contractor joint venture;
2.
Failing to use Vietnamese in the construction contract.
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1. A
fine ranging from VND 15,000,000 to VND 20,000,000 shall be imposed for failing
to discharge warranty liability as prescribed.
2. A
fine ranging from VND 20,000,000 to VND 30,000,000 shall be imposed for failing
to formulate maintenance procedures or failing to include adequate information
in the maintenance procedures as required.
3.
Remedial measure: Enforced formulation of maintenance procedures in case of
commission of the violation in Clause 2 of this Article.
Article 37. Violations against regulations on records
retention
1. A
fine ranging from VND 10,000,000 to VND 20,000,000 shall be imposed for
commission of one of the following violations:
a) A surveying
or designing contractor’s failure to keep surveying or design dossier as
prescribed;
b) A
supervising contractor’s failure to keep documents concerning the construction
supervision as prescribed;
c) A
building contractor’s failure to keep construction quality control dossier as
prescribed;
d) A construction testing laboratory’s failure to
keep testing documents, sample submission forms and test reports;
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2.
Remedial measure: Enforced retention of documents as prescribed in case of
commission of the violation in Clause 1 of this Article.
Article 38. Violations against
regulations on inspection, testing and training in construction
1. A fine ranging from VND 40,000,000 to VND
50,000,000 shall be imposed for commission of one of the following violations
against regulations on inspection:
a) Failing to comply with procedures for quality
inspection;
b) Failing to report correct inspection results;
c)
Involving in the quality inspection for the state-funded construction work
which it supervised.
2. A fine ranging from VND 50,000,000 to VND
60,000,000 shall be imposed for commission of one of the following violations
against regulations on construction testing:
a) Performing construction tests without obtaining
a certificate of eligibility issued by a competent authority or satisfying
capacity requirements as prescribed;
b) Performing tests or providing test reports
inconsistently with regulations; issuing a test report indicating test results
which are inaccurate or different from those specified in the record of test
results.
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4. Remedial measures:
a) Enforced revocation of certificate of
eligibility to perform tests in construction field in case of commission of the
violation in Point b Clause 2 of this Article;
b) [12] (abrogated)
Chapter III
ADMINISTRATIVE
VIOLATIONS IN FIELDS OF EXTRACTION, PROCESSING AND TRADING OF CONSTRUCTION
MINERALS, PRODUCTION AND TRADING OF BUILDING MATERIALS, PENALTIES AND REMEDIAL
MEASURES
Article 39. Violations against regulations on planning for
building material development and use of minerals as building materials,
extraction and processing of construction minerals, and production of building
materials
1. [13] (abrogated)
2. A
fine ranging from VND 30,000,000 to VND 50,000,000 shall be imposed for failing
to comply with national technical regulations on production of building
materials.
3. A
fine ranging from VND 60,000,000 to VND 70,000,000 shall be imposed for
executing an investment project on production of building materials against the
building material development plan approved by a competent authority.
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a) Failing to meet technical requirements for waste
storage;
b) Failing to treat waste or using waste which has
been treated but does not meet technical regulations/standards as raw materials
or fuels for producing building materials.
5. A fine ranging from VND 70,000,000 to VND
80,000,000 shall be imposed on a thermoelectric plans, chemical fertilizer
plant or metallurgical plant for committing one of the following violations:
a) Giving approval for an investment project on
construction, expansion or modification of a production facility which does not
include design of production line or system for treatment of ash, slag and
gypsum as prescribed;
b) Failing to classify and preliminarily treat ash,
slag and gypsum, or failing to comply with national regulations/standards for
classification and preliminary treatment of ash, slag and gypsum used as raw
materials for producing building materials as prescribed;
c) Failing to meet eligibility requirements for
classifying and preliminarily treating ash, slag and gypsum used as raw
materials for producing building materials according to relevant national
regulations/standards and hiring an unqualified entity to perform
classification and preliminary treatment of ash, slag and gypsum.
6. A fine ranging from VND 70,000,000 to VND
80,000,000 shall be imposed on the entity that is hired to perform
classification and preliminary treatment of ash, slag and gypsum for committing
one of the following violations:
a) Failing to meet eligibility requirements for
classification and preliminary treatment of ash, slag and gypsum as prescribed;
b) Failing to perform classification and
preliminary treatment of ash, slag and gypsum used as raw materials for
producing building materials or failing to comply with national
regulations/standards for classification and preliminary treatment of ash, slag
and gypsum.
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8. Remedial measures:
a) Enforced demolition of the construction work or
work items built against regulations in case of commission of the violation in
Clause 3 of this Article;
b) Enforced implementation of measures for
treatment of environmental pollution (if any) in case of commission of the
violation in Point a Clause 4, Point b Clause 5 or Point b Clause 6 of this
Article.
Article 40. Violations against regulations on trading of
construction minerals and building materials
1. A
fine ranging from VND 10,000,000 to VND 20,000,000 shall be imposed for
commission of one of the following violations:
a)
Failing to submit reports or submitting reports on export of construction
minerals to competent authorities against regulations;
b) Failing to retain or insufficiently retaining
documents concerning export of minerals.
2. A fine ranging from VND 80,000,000 to VND
100,000,000 shall be imposed for exporting construction minerals which are not
included in the list of minerals licensed to be exported or which fail to meet
export requirements (unless otherwise prescribed).
3.
Additional penalty: The export of construction minerals shall be suspended for
6 – 12 months in case of commission of the violation in Clause 2 of this
Article.
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1. A fine ranging from VND 40,000,000 to VND
50,000,000 shall be imposed on users of white asbestos-containing building
materials for committing one of the following violations:
a) Using white asbestos-containing building
materials when they are not yet granted certificates of conformity;
b) Failing to take measures for controlling
generation of white asbestos dust during the use of white asbestos-containing
building materials;
c) Failing to collect or transport scrap from white
asbestos-containing building materials to prescribed places;
d) Using scrap from white asbestos-containing
building materials for paving roads.
2. A fine ranging from VND 50,000,000 to VND
70,000,000 shall be imposed on producers of building materials with use of
white asbestos for committing one of the following violations:
a) Using white asbestos whose origin is
unidentified as regulated;
b) Letting the concentration of white asbestos
fiber in the production area exceeding the prescribed limit;
c) Failing to prevent white asbestos from breaking
or scattering during transportation;
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3. A fine ranging from VND 70,000,000 to VND
90,000,000 shall be imposed for investment in construction or expansion of
production facility of white asbestos-containing building materials against the
planning.
4. Remedial measure: Enforced restoration to
initial state or enforced demolition of the construction work or work items
built inconsistently with regulations in case of commission of the violation in
Clause 3 of this Article.
Chapter IV
ADMINISTRATIVE
VIOLATIONS AGAINST REGULATIONS ON MANAGEMENT OF INFRASTRUCTURAL CONSTRUCTIONS,
PENALTIES AND REMEDIAL MEASURES
Section 1. VIOLATIONS AGAINST
REGULATIONS ON WATER SUPPLY AND DRAINAGE
Article 42. Violations against regulations on protection of
safety areas of underground water boreholes
1. A
fine ranging from VND 1,000,000 to VND 2,000,000 shall be imposed for throwing
or discharging rubbish or construction waste, or breeding animals, or planting
trees in the safety area of an underground water borehole.
2. A
fine ranging from VND 2,000,000 to VND 5,000,000 shall be imposed for
commission of one of the following violations: Digging dust-holes, cesspools or
lime-pits, or burying cattle or hazardous matters in the safety area of an
underground water borehole.
3. A
fine ranging from VND 20,000,000 to VND 30,000,000 shall be imposed for
committing a violation against regulations on protection of safety areas of
underground water boreholes other than the violation in Clause 1 or Clause 2 of
this Article.
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5.
Remedial measures:
a)
Enforced restoration to the initial state in case of commission of the
violation in Clause 1, Clause 2 or Clause 4 of this Article;
b) Enforced implementation of measures for
treatment of environmental pollution caused by the violation in Clause 1,
Clause 2 or Clause 3 of this Article;
c) Enforced demolition of the construction work or
work items built against regulations (if any) in case of commission of the
violation in Clause 4 of this Article.
Article 43. Violations against regulations on protection of
safety corridors of raw and treated water transmission lines
1. A
warning or a fine ranging from VND 500,000 to VND 1,000,000 shall be imposed
for commission of one of the following violations: Discharging garbage,
wastewater, soil, stones and building materials within the safety corridor area
of the raw or treated water transmission line.
2. A fine
ranging from VND 15,000,000 to VND 20,000,000 shall be imposed for digging or
moving soil and stones from the safety corridor area of the raw or treated
water transmission line; encroaching upon the safety corridor area of the raw
or treated water transmission line.
3. A
fine ranging from VND 20,000,000 to VND 30,000,000 shall be imposed for
deliberately cutting the raw or treated water transmission line.
4.
Remedial measures:
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b) Enforced restoration to the initial state in
case of commission of the violation in Clause 2 or Clause 3 of this Article.
Article 44. Violations against regulations on protection of
facilities of water supply and drainage systems
1. A
warning or a fine ranging from VND 500,000 to VND 1,000,000 shall be imposed
for discharging feces, garbage or construction waste, making a mess, breeding
animals, or planting trees, flowers or vegetables in safety areas of facilities
of the water supply and drainage system.
2. A
warning or a fine ranging from VND 500,000 to VND 1,000,000 shall be imposed
for committing a violation against regulations on safety and protection of
safety areas of water towers, reservoirs or other facilities of the water
supply and drainage system.
3. Remedial measures:
a) Enforced implementation of measures for
treatment of environmental pollution caused by the violation in Clause 1 of
this Article;
b) Enforced restoration to the initial state in
case of commission of the violation in Clause 2 of this Article.
Article 45. Violations against regulations on protection
and operation of water supply systems
1. A
fine ranging from VND 1,000,000 to VND 2,000,000 shall be imposed for
commission of one of the following violations:
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b)
Deliberately tampering with the water meter;
c)
Deliberately moving or changing size or type of the water meter;
d) Removing
the seal or lead seal of the water meter against regulations.
2. A
fine ranging from VND 1,000,000 to VND 5,000,000 shall be imposed for
commission of one of the following violations:
a)
Damaging water pipelines or equipment used in the water supply system;
b)
Deliberately connecting water pipes or changing their sizes against
regulations;
c)
Moving pipelines or other equipment of the water supply system against
regulations.
3. A
fine ranging from VND 20,000,000 to VND 30,000,000 shall be imposed for commission
of one of the following violations:
a)
Supplying domestic water which does not meet quality requirements set out in
relevant national technical regulations;
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4. A fine
ranging from VND 80,000,000 to VND 100,000,000 shall be imposed for
transferring the water supply license, whether partial or entire, without
obtaining written approval from a competent authority.
5.
Remedial measures:
a)
Enforced restoration to the initial state in case of commission of the
violation in Clause 2 of this Article;
b) Enforced return of benefits illegally obtained
from one of the administrative violations in Point a, Point b, Point c Clause 1
and Point b Clause 2 of this Article;
c) Enforced implementation of measures for ensuring
quality of treated water in conformity with relevant technical regulations in
case of commission of the violation in Point a Clause 3 of this Article;
d) Enforced supply of treated water in conformity
with the water supply plan approved by a competent authority in case of
commission of the violation in Point b Clause 3 of this Article;
dd) Enforced application for written approval from
a competent authority for transfer of the water supply license in case of commission
of the violation in Clause 4 of this Article.
Article 46. Violations against regulations on operation of
water drainage systems
1. A
fine ranging from VND 1,000,000 to VND 2,000,000 shall be imposed for discharge
of soil, stones, materials or garbage into rivers, lakes, ditches, channels,
manholes, drains or culverts causing obstruction of flows.
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a)
Deliberately making connections to the water drainage system;
b)
Leveling ditches, channels or lakes serving the public drainage system against
regulations;
c)
Deliberately moving underground pipes or manholes.
3. A fine
ranging from VND 10,000,000 to VND 20,000,000 shall be imposed for commission
of one of the following violations:
a)
Discharging hazardous substances into the public sewer system;
b)
Committing a violation against regulations on protection of drainage systems.
4.
Remedial measures:
a)
Enforced restoration to the initial state in case of commission of the
violation in Clause 1, Clause 2 or Clause 3 of this Article;
b)
Enforced implementation of measures for treatment of environmental pollution
caused by the violation in Clause 1 or Clause 3 of this Article.
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1. A fine ranging from VND 5,000,000 to VND
10,000,000 shall be imposed on the drainage service provider for failing to
provide or delaying the provision of elevations relating the drainage system to
requesting entities.
2. Remedial measure: Enforced provision of
elevations relating the drainage system to requesting entities in case of
commission of the violation in Clause 1 of this Article.
Article 48. Violations against
regulations on management of detention basins
1. A fine ranging from VND 5,000,000 to VND
10,000,000 shall be imposed for commission of one of the following violations:
a) Failing to regularly dredge the bottom or clean
up the bed or shores of the retention basis as prescribed;
b) Failing to formulate procedures for management
and operation of the detention basin as prescribed;
c) Organizing entertainment, tourist or aquaculture
operations or rendering other services without obtaining permission from a
competent authority.
2. Remedial measures:
a) Enforced formulation of procedures for
management and operation of the detention basin in case of commission of the
violation in Point b Clause 1 of this Article;
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Article 49. Violations against
regulations on procedures for management and operation of sewerage systems
1. A fine ranging from VND 5,000,000 to VND
10,000,000 shall be imposed on the unit in charge of managing the sewerage
system for committing one of the following violations:
a) Failing to carry out periodic quality inspection
and assessment of central facility or other facilities of the sewerage system;
b) Failing to formulate or formulating procedures
for management and operation of the sewerage system which does not meet
technical requirements.
2. Remedial measures:
a) Enforced inspection and assessment of quality of
central facility and other facilities of the sewerage system in case of
commission of the violation in Point a Clause 1 of this Article;
b) Enforced formulation of procedures for
management and operation of the sewerage system in case of the violation in
Point b Clause 1 of this Article.
Article 50. Violations against
regulations on collection, transport and treatment of sewage sludge discharged
from drainage systems in urban areas, rural residential areas and industrial
parks
1. A fine ranging from VND 5,000,000 to VND
10,000,000 shall be imposed for failing to collect, store and transport, or
collecting, storing and transporting sewage sludge discharged from drainage systems
against regulations.
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a) Discharging untreated sewage sludge into the
environment;
b) Failing to manage sewage sludge containing
hazardous matters as prescribed;
c) Treating and re-using sewage sludge against
regulations.
3. Remedial measure: Enforced implementation of
measures for treatment of environmental pollution caused by the violation in
Clause 2 of this Article.
Article 51. Violations against
regulations on collection, transport and treatment of septic tank sludge in
urban areas, rural residential areas and industrial parks
1. A fine ranging from VND 5,000,000 to VND
10,000,000 shall be imposed for failing to collect, store and transport, or
collecting, storing and transporting septic tank sludge against regulations.
2. A fine ranging from VND 10,000,000 to VND
20,000,000 shall be imposed for commission of one of the following violations:
a) Discharging untreated septic tank sludge into
the environment;
b) Treating and re-using septic tank sludge against
regulations.
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Section 2. VIOLATIONS AGAINST
REGULATIONS ON MANAGEMENT OF LIGHTING, URBAN GREEN SPACES, CEMETERIES AND
CREMATORIA
Article 52. Violations against
regulations on protection and use of public lighting systems
1. A warning
or a fine ranging from VND 500,000 to VND 1,000,000 shall be imposed for
decorating or hanging advertising boards or other articles on lamp posts
without permission or inconsistently with regulations.
2. A
fine ranging from VND 2,000,000 to VND 5,000,000 shall be imposed on the unit
in charge of managing and operating the public light system for failing to
submit periodic reports on the public light system to competent authorities as
regulated.
3. A
fine ranging from VND 5,000,000 to VND 10,000,000 shall be imposed for
commission of one of the following violations:
a)
Damaging the public light system or its equipment;
b)
Illegally moving or using equipment of the public lighting system against
regulations.
4. Remedial measures:
a) Enforced restoration to the initial state in
case of commission of the violation in Clause 1 or Clause 3 of this Article;
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Article 53. Violations against regulations on protection of
green spaces, parks and flower gardens
1. A
warning or a fine ranging from VND 500,000 to VND 1,000,000 shall be imposed
for bore, carve or driving nails into green trees, deliberately picking flowers,
cutting tree branches, peeling tree bark, making mess or taking other actions
and thus causing damage to green spaces or flower gardens or groundcovers.
2. A
warning or a fine ranging from VND 500,000 to VND 1,000,000 shall be imposed
for commission of one of the following violations:
a)
Building platforms around trees on streets, parks or other public places
against regulations;
b)
Hanging ropes, decorative lights or advertising boards or other articles on
trees at public places, streets or parks against regulations;
c)
Tending or keeping cattle or poultry in parks or flower gardens.
3. A
fine ranging from VND 10,000,000 to VND 15,000,000 shall be imposed for
commission of one of the following violations:
a) Discharging
scrap, hazardous substances or building materials into the foot of trees or
deliberately damaging or obstructing the development of trees in urban areas;
b)
Planting trees on pavements, median strips, streets, interchanges or in public
places against regulations;
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d) Using
structures in the park for wrong purposes;
dd)
Damaging cultural works, service works or public works in the park or flower
garden;
e)
Encroaching or building works in the ground for planting green trees existing
or determined in the urban planning or obstructing the planting of trees as
regulated;
g)
Failing to comply with regulations on maintenance, caring and development of
urban green spaces.
4. A
fine ranging from VND 20,000,000 to VND 30,000,000 shall be imposed for
deliberately cutting, moving, burning or digging the foot of trees in urban
areas or cutting tree roots against regulations.
5.
Remedial measures:
a)
Enforced restoration to the initial state in case of commission of the
violation in Point a or Point b Clause 2, or Point a, Point b, Point c, Point d
or Point dd Clause 3 of this Article;
b) Enforced restoration to the initial state or
enforced demolition of the work or work items built against regulations in case
of commission of the violation in Point e Clause 3 of this Article.
Article 54. Violations against regulations on construction,
management and operation of cemeteries and crematoria
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2. A
fine ranging from VND 5,000,000 to VND 10,000,000 shall be imposed for
commission of one of the following violations:
a)
Failing to build walls or barriers to separate the cemetery from surrounding
residential areas as regulated;
b)
Transferring an individual burial plot against regulations;
c)
Failing to prepare or keep cemetery-related documents as regulated;
d)
Failing to report or submitting incomplete reports on management and operation
of cemetery as regulated.
3. A
fine ranging from VND 10,000,000 to VND 20,000,000 shall be imposed for commission
of one of the following violations:
a)
Failing to ensure the separation distance from the cemetery’s wall to a
residential area or public structure as regulated;
b)
Failing to shut down the cemetery as regulated;
c) Using
a single space in the cemetery in excess of the prescribed area.
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a) Failing to satisfy capacity requirements as
regulated;
b) Appointing an unqualified person to operate the
crematory;
c) Failing to establish procedures for management
and operation of the crematory or failing to follow the approved procedures;
d) Failing to prepare and keep logbook and
cremation-related documents as regulated;
dd) Failing to submit reports on operation of the
crematorium to competent authorities as regulated;
e) Collecting, transporting and treating crematory
waste against regulations.
5. A fine ranging from VND 20,000,000 to VND
30,000,000 shall be imposed on the investor of the cemetery construction
project for putting the cemetery into operation when it does not meet relevant
requirements.
6.
Remedial measures:
a) Enforced compliance with regulations in case of
commission of one of the violations in Clause 1, Clause 2, Clause 3, Point a,
Point c, Point d, Point dd and Point e Clause 4 of this Article;
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Section 3. VIOLATIONS AGAINST
REGULATIONS ON MANAGEMENT OF UNDERGROUND FACILITIES AND SHARING OF URBAN
TECHNICAL INFRASTRUCTURE
Article 55. Violations against regulations on use of urban
underground facilities
1. A fine
ranging from VND 5,000,000 to VND 10,000,000 shall be imposed for commission of
one of the following violations:
a)
Illegally connecting underground lines or pipelines;
b) Using
technical infrastructure tunnel and trench without license or for wrong purposes;
deliberately digging, moving or connecting technical infrastructure tunnel and
trench; violating regulations on management and protection of urban underground
facilities;
2. Remedial measure: Enforced restoration to the
initial state in case of commission of the violation in Clause 1 of this
Article.
Article 56. Violations against regulations on management
and sharing of technical infrastructure
1. A
fine ranging from VND 10,000,000 to VND 20,000,000 shall be imposed for
commission of one of the following violations:
a)
Obstructing the installation, operation, maintenance or upgrading of equipment
under the signed agreement;
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2. A
fine ranging from VND 20,000,000 to VND 30,000,000 shall be imposed for
installing, managing and operating telecommunication or electrical cables and
wires, public lighting system, water supply and drainage systems, energy supply
system or other equipment on shared technical infrastructure systems against
regulations.
3. A
fine ranging from VND 30,000,000 to VND 40,000,000 shall be imposed for
building technical infrastructure for shared use against the urban planning,
without the building permit or against the issued building permit.
4.
Remedial measures:
a)
Enforced compliance with regulations on management, operation and maintenance
of shared technical infrastructure in case of commission of the violation in
Clause 1 of this Article;
b)
Enforced restoration to the initial state in case of commission of the
violation in Clause 2 of this Article;
c) Enforced demolition of the work or work items
built against regulations in case of commission of the violation in Clause 3 of
this Article.
Chapter V
ADMINISTRATIVE
VIOLATIONS AGAINST REGULATIONS ON REAL ESTATE BUSINESS, HOUSING DEVELOPMENT,
MANAGEMENT AND USE OF HOUSES AND OFFICE BUILDINGS, PENALTIES, FINES AND
REMEDIAL MEASURES
Section 1. VIOLATIONS AGAINST
REGULATIONS ON REAL ESTATE BUSINESS
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1. A
fine ranging from VND 50,000,000 to VND 60,000,000 shall be imposed for
commission of one of the following violations:
a) Engaging
in real estate business without establishing an enterprise or cooperative as
regulated or failing to have enough legal capital as regulated;
b)
Failing to publish, or improperly or insufficiently publishing information on
the real estate project or housing construction project as regulated;
c)
Failing to prepare real estate contracts or preparing a real estate contract
which does not include all of required information; failing to make
notarization or certification of real estate contracts as regulated;
d)
Failing to provide information on the construction progress or use of advanced
amounts as requested; failing to facilitate buyer or tenant’s physical
inspection of the in-progress construction work;
dd)
Collecting fees relating to the alienation of real property against
regulations.
2. A
fine ranging from VND 60,000,000 to VND 80,000,000 shall be imposed on the
investor or owner of house or construction work for committing one of the
following violations:
a)
Entering into a contract for purchase and sale or lease purchase of a house or
building which is not enclosed with land use right;
b)
Failing to notify the buyer of restrictions on ownership of house or building
(if any);
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3. A
fine ranging from VND 250,000,000 to VND 300,000,000 shall be imposed for
commission of one of the following violations:
a)
Trading in real property which does not meet relevant requirements or is banned
from trading;
b)
Trading in real estate that falls outside the scope of regulated real estate
trading activities;
c)
Failing to ensure the progress of a real estate trading project or housing
construction project which has been approved by a competent authority;
d)
Selling or entering into a lease purchase of off-the-plan commercial property
without obtaining financial guarantee from a qualified commercial bank as
regulated;
dd)
Failing to carry out procedures for issuance of certificate of land use right,
ownership of house and property on land to the buyer or tenant, or failing to
provide relevant legal documents/papers to the buyer or tenant as regulated;
e)
Authorizing or delegating a party of an investment cooperation, joint venture,
association, partnership or a capital contributor to sign contracts for sale,
transfer or lease purchase of real property;
g)
Refusing to make certification without legitimate reasons or failing to make
certification on the written agreement for transfer of the contract for sale or
lease purchase of the off-the-plan property;
h)
Transfering the contract for lease purchase of an existing house or building,
or transferring the contract for sale or lease purchase of off-the-plan house
or building against regulations;
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4. A
fine ranging from VND 270,000,000 to VND 300,000,000 shall be imposed on the
investor of a real estate trading project for committing one of the following
violations:
a)
Failing to follow procedures for the entire or partial transfer of
project;
b)
Failing to meet all of requirements or conditions for entire or partial
transfer of project;
c)
Penalties in the Government's Decree on administrative penalties for violations
in land sector shall be imposed for transfer cases where a certificate of land
use right is unavailable, or the land use right is in dispute or seized fir
judgment enforcement, or where the transferee is not a real estate trading
enterprise or is financially incapable;
d)
Transferring houses and buildings to clients before they are finished according
to the construction progress specified in the approved project, or they are not
connected to the regional technical infrastructure system, or before external
parts of rough-in buildings are finished, or before housing works or social
infrastructure systems are properly commissioned;
dd)
Illegally raising or appropriating funding; using the raise funding or advanced
amounts paid by the buyer, lessee or tenant of off-the-plan property for wrong
purposes.
5.
Additional penalty: Real estate trading activities shall be suspended for 12
months in case of commission of the violation in Point a, Point b or Point e
Clause 3 of this Article.
6.
Remedial measures:
a)
Enforced announcement of information on the real property or housing
construction project as regulated in case of commission of the violation in
Point b Clause 1 of this Article;
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c) Enforced
compliance with regulations in case of commission of the violation in Point d
Clause 1 of this Article;
d)
Enforced return of benefits illegally obtained from the violation in Point dd
Clause 1 of this Article;
dd)
Enforced preparation of contract as prescribed in case of commission of the
violation in Point a Clause 2 of this Article;
e)
Enforced notification to relevant parties of restrictions and compensation for
damage (if any) in case of commission of the violation in Point b Clause 2 of
this Article;
g)
Enforced payment of difference and compensation for damage (if any) in case of
commission of the violation in Point c Clause 2 of this Article;
h)
Enforced reimbursement of expenses (as requested) and compensation for damage
(if any) in case of the violation in Point c or Point d Clause 3 of this
Article;
i)
Enforced completion of procedures for issuance of certificate or enforced
provision of relevant legal documents/papers to buyers or tenants in case of
commission of the violation in Point dd Clause 3 of this Article;
k)
Enforced certification as regulated in case of commission of the violation in
Point g Clause 3 of this Article;
l)
Enforced restoration to the initial state, payment of expenses to the
transferee and compensation for damage (if any) in case of commission of the
violation in Point h Clause 3 or Point a or Point b Clause 4 of this Article;
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n)
Enforced compliance with regulations or commitments and compensation for damage
(if any) to the buyer or tenant in case of commission of the violation in Point
dd Clause 4 of this Article.
Article 58. Violations against regulations on provision of
real estate services
1. A
fine ranging from VND 10,000,000 to VND 15,000,000 shall be imposed for
commission of one of the following violations:
a) Failing
to obtain a practicing certificate or using an expired one when providing
independent real estate brokerage services;
b)
Erasing, falsifying, borrowing or lending a practicing certificate for
providing real estate brokerage services.
2. A
fine ranging from VND 30,000,000 to VND 40,000,000 shall be imposed for
commission of one of the following violations:
a)
Providing real estate services without establishing an enterprise as regulated,
failing to employ enough employees who have practicing certificates to provide
real estate brokerage services as regulated, or employing persons whose
practicing certificates have expired;
b)
Failing to prepare contracts or specify all of required contents in contracts
for provision of real estate services as regulated;
c)
Failure to submit reports as prescribed by enterprises providing real estate
services/real estate trading floor services, or individuals providing
independent real estate brokerage services;
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dd)
Collecting fees of real estate services other than the ones prescribed by law.
3. A
fine ranging from VND 40,000,000 to VND 50,000,000 shall be imposed for
commission of one of the following violations:
a)
Trading in real property which fails to meet trading requirements on the real
estate trading floor;
b)
Failing to provide or providing insufficient or inaccurate documents/information
about the real property to be traded through brokerage services.
4.
Additional penalty: The provision of real estate trading floor services shall
be suspended for 06 - 12 months in case of commission of the violation in Point
a Clause 3 of this Article.
5.
Remedial measures:
a)
Enforced revocation of practicing certificate in case of commission of the
violation in Point b Clause 1 of this Article;
b) Enforced
return of benefits illegally obtained from the violation in Point dd Clause 2
of this Article.
Article 59. Violations against regulations on management
and use of information on housing and real estate market
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a)
Failing to provide, or inaccurately or insufficiently providing, or delaying
the provision of real estate market-related information to the agency in charge
of managing the housing and real estate market database as regulated;
b)
Failing to obtain an approval from the agency in charge of managing the housing
and real estate market database as regulated before providing housing and real
estate market data provided by competent authorities for a third party;
c)
Failing to give explanation about real estate market information upon request
of the agency in charge of managing the housing and real estate market
database;
d)
Falsifying, causing damage or loss of housing information/data;
dd)
Illegally obtaining or destroying or damaging housing or real estate market
information/data;
e)
Obstructing the lawful collection and use of housing or real estate market
information.
2.
Remedial measures:
a)
Enforced provision of sufficient and accurate information to the agency in
charge of managing the housing and real estate market database in case of
commission of the violation in Point a Clause 1 of this Article;
b)
Enforced compliance with regulations on collection and use of information in
case of commission of the violation in Point e Clause 1 of this Article.
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1. A fine ranging from VND 2,000,000 to VND
5,000,000 shall be imposed for commission of one of the following violations:
a) [14] (abrogated)
b) Failing to use the prescribed template of
certificate of completion of training course;
c) Failing to submit reports on each training
course or periodical reports to competent authorities as regulated;
d) Failing to provide the training institution’s
profile to the Ministry of Construction and Department of Construction of
province or city where that training institution’s head office is located for
publishing on their websites as regulated;
dd) Failing to provide information on the real
estate trading floor to Ministry of Construction and Department of Construction
of province where such real estate trading floor’s head office is located for
publishing on their websites as regulated;
e) Failing to keep training documents or documents
related to each examination as regulated.
2. A fine ranging from VND 10,000,000 to VND
20,000,000 shall be imposed for commission of one of the following violations:
a) Failing to organize tests or exams or
classification of learning results for trainees as regulated;
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c) Allowing unqualified trainees to attend exams
for real estate broker license;
d) Failing to promulgate training regulations or
adopting the training regulations which do not include all of required
contents.
3. A fine ranging from VND 30,000,000 to VND 40,000,000
shall be imposed for commission of one of the following violations:
a) Using teaching materials against the framework
program as prescribed;
b) Issuing certificates without ensuring training duration
or training program as regulated.
4. A fine ranging from VND 60,000,000 to VND
70,000,000 shall be imposed for commission of one of the following violations:
a) Using examination fees against regulations;
b) Failing to properly manage exam questions or
revealing exam questions.
5. Remedial measures:
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b) Enforced compliance with regulations in case of
commission of the violation in Clause 3 of this Article;
c) Enforced recovery of examination fees improperly
spent in case of commission of the violation in Point a Clause 4 of this
Article.
Article 61. Violations against regulations on training and
improvement of professional and operational knowledge of management and use of
houses (hereinafter referred to as apartment building management training)
1. A fine ranging from VND 10,000,000 to VND
20,000,000 shall be imposed for commission of one of the following violations:
a) [15] (abrogated)
b) [16] (abrogated)
c) Failing to have teaching diary;
d) Failing to follow the prescribed template of
certificate of completion of apartment building management training course;
dd) Failing to submit reports on training
activities to competent authorities as regulated;
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2. A fine ranging from VND 30,000,000 to VND
40,000,000 shall be imposed for commission of one of the following violations:
a) Using teaching materials against the framework
program as prescribed;
b) Failing to ensure teaching duration and training
programs as regulated;
c) Issuing certificates of completion of training
course against regulations.
3. A fine ranging from VND 50,000,000 to VND
60,000,000 shall be imposed for commission of one of the following violations:
a) Borrowing, hiring, lending or leasing legal
status to carry out training activities;
b) Providing training courses without obtaining
decision on accreditation of training institution from a competent authority.
4. Additional penalty: The decision on
accreditation of training institution shall be suspended for 06 – 12 months in
case of commission of the violation in Clause 2 or Point a Clause 3 of this
Article.
5.
Remedial measure: Enforced cancellation of training results and revocation of
certificates of completion of training course issued to trainees in case of
commission of one of the violations in Point b, Point c Clause 2 and Point a
Clause 3 of this Article (excluding lending or leasing of legal status).
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Section 62. Violations against
regulations on housing development
1. A
fine ranging from VND 40,000,000 to VND 50,000,000 shall be imposed for
commission of one of the following violations:
a) Failing to submit reports on implementation and
completion of housing construction project to competent authorities as
regulated;
b) Naming or renaming a housing construction
project or areas therein against regulations or without obtaining approval decisions
from competent authorities.
2. A
fine ranging from VND 80,000,000 to VND 100,000,000 shall be imposed on the
investor for committing one of the following violations:
a) Failing to obtain approval from a competent
authority before modifying one of the following contents relating to a
state-funded housing construction project: Project schedule, types of houses,
total floor area, quantity and ratio of various types of houses, and total
investment;
b) Failing to have residential land area or failing
to have adequate residential land area in a commercial housing construction
project for building social houses as regulated;
c) Failing to provide commercial houses in the
project for persons who have houses demolished and wish to settle at the old
site as prescribed;
d) Failing to build houses to serve the relocation
at the planning area for construction of houses for workers of the industrial
park in the industrial park infrastructure project in case persons who have
houses demolished and wish to settle at the old site, or failing to provide
houses in other places for relocated persons as regulated;
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e) Deliberately changing designed areas of house
and auxiliary work (if any) after the relocation plan has been approved by a
competent authority;
g) Failing to provide adequate social housing for
lease as regulated (in case the social housing construction project is located
at a region where the formulation of project on construction of social housing
for lease is not mandatory).
3. Remedial measures:
a) Enforced submission of reports on project
implementation to competent authorities in case of commission of the violation
in Point a Clause 1 of this Article;
b) Enforced naming or renaming of the project and
areas therein in accordance with regulations in case of commission of the
violation in Point b Clause 1 of this Article;
c) Enforced cancellation of modification results in
case of commission of the violation in Point a Clause 2 of this Article;
d) Enforced provision of land areas for social
housing construction as regulated in case of commission of the violation in
Point b Clause 2 of this Article;
dd) Enforced provision of commercial housing in the
project to persons who have houses demolished and wish to relocate at the old
site or enforced negotiation on provision of housing in other places with
relocated persons in case of commission of the violation in Point c Clause 2 of
this Article;
e) Enforced arrangement and provision of land areas
to serve production for relocated persons according to the approved relocation
plan in case of commission of the violation in Point dd Clause 2 of this
Article;
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h) Enforced provision of adequate social housing
for lease in case of commission of the violation in Point g Clause 2 of this
Article.
Article 63. Violations against
regulations on management of housing transactions
1. A fine ranging from VND 20,000,000 to VND
30,000,000 shall be imposed for commission of one of the following violations:
a)
Selling, leasing or lease-purchasing state-owned housing ultra vires or to/with
unqualified persons or against the prescribed conditions;
b) Selling, leasing or lease-purchasing social
housing to or with unqualified persons or against the prescribed conditions.
2. A
fine ranging from VND 50,000,000 to VND 60,000,000 shall be imposed for
commission of one of the following violations:
a) [17]
Exchange, sale or sub-lease of house by the lessee or tenant of a
state-owned house without obtaining approval from a competent authority as
prescribed;
b) Sale, sub-lease or borrowing by lessee, tenant
or buyer of social house against regulations;
c) Transfering the contract for sale of commercial
house against regulations;
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3. The
following penalties shall be imposed on foreign organizations and foreigners
for committing violations against regulations on housing:
a) A
fine ranging from VND 10,000,000 to VND 20,000,000 shall be imposed on a
foreign lessor for failing to send a written notification to the housing
authority of district where the leasing house is located;
b) A fine ranging from VND 30,000,000 to VND 40,000,000
shall be imposed for failing to make payments for purchase or lease purchase of
house through a credit institution lawfully operating in Vietnam;
c) A
fine ranging from VND 70,000,000 to VND 80,000,000 shall be imposed for owning
houses or conducting other housing transactions in Vietnam with improper
persons, or against the prescribed conditions, or in excess of the prescribed
quantity, or owning houses in a region where foreign organizations and
foreigners are not allowed to own houses;
d) A fine ranging from VND 80,000,000 to VND
100,000,000 shall be imposed on a house owner that is a foreign organization
for using its owned house for lease, or as a working office, or a purpose other
than as an accommodation for its employees.
4. A fine ranging from VND 100,000,000 to VND
150,000,000 shall be imposed on the investor of a social housing construction
project for entering into lease agreements on off-the-plan social housing
(unless otherwise regulated by law).
5. A fine ranging from VND 200,000,000 to VND
300,000,000 shall be imposed on the investor for committing one of the
following violations against regulations on sale of houses to foreign buyers:
a) Selling houses to a foreign buyer with a
quantity of houses exceeding the prescribed one;
b) Selling houses to foreign buyers in a region
where foreign organizations and individuals are not allowed to own houses;
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6. Remedial measures:
a) Enforced expropriation of state-owned houses
sold, leased or placed under lease purchase ultra vires, or to unqualified
persons or against the prescribed conditions; enforced return of money or
property to buyers, lessees or tenants and compensation for damage (if any) in
case of commission of the violation in Point a Clause 1 of this Article;
b) Enforced expropriation of social housing and
enforced return of amounts paid for purchase, lease or lease purchase of social
housing to buyers, lessees or tenants in case of commission of the violation in
Point b Clause 1 of this Article;
c) Enforced return of any benefits illegally
obtained from one of the violations in Point a Clause 1, Point a Clause 2,
Point a, Point b Clause 5 of this Article, and enforced expropriation of
state-owned houses in case of commission of the violation in Point a Clause 2
of this Article; enforced return of any amounts paid by buyers and compensation
for damage to buyers in case of commission of the violation in Point a or Point
b Clause 5 of this Article;
d) Enforced expropriation of social housing in case
of commission of the violation in Point b Clause 2 of this Article;
dd) Enforced recovery of payments made not through
credit institutions lawfully operating in Vietnam in case of commission of the
violation in Point b Clause 3 of this Article;
e) Enforced expropriation of houses owned by
foreign organizations and individuals against regulations in case of commission
of the violation in Point c Clause 3 of this Article;
g) Enforced termination of lease or use of houses
for improper purposes and compensation for damage to lessees in case of
commission of the violation in Point d Clause 3 of this Article.
Section 3. VIOLATIONS AGAINST
REGULATIONS ON MANAGEMENT AND USE OF HOUSES AND OFFICE BUILDINGS
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1. A fine ranging from VND 40,000,000 to VND
50,000,000 shall be imposed on lessees and tenants of state-owned houses for
committing one of the following violations:
a) Deliberately destroying, extending, renovating
or demolishing the house;
b) Using the house for purposes other than those
specified in the lease agreement;
c) Appropriating the house.
2. A fine ranging from VND 50,000,000 to VND
60,000,000 shall be imposed on lessees of official residences for committing
one of the following violations:
a) Failing to use the residence for living and serving
daily life of the lessee and his/her family members during the lease period;
b) Deliberately renovating, repairing or
demolishing the official residence;
c) [19] Sub-letting or
authorizing other persons to manage official residences;
d) Failing to return the official residence to the
Government when failing to meet requirements for lease of such official
residence as regulated.
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a) Enforced restoration to the initial state or
enforced demolition of the work or work items built against regulations in case
of commission of one of the violations in Point a, Point b Clause 1, Point b
Clause 2 of this Article;
b) Enforced expropriation of social houses in case
of commission of one of the violations in Point b, Point c Clause 1, Point a,
Point c and Point d Clause 2 of this Article;
c) Enforced return of any benefits illegally
obtained from the violation in Point c Clause 2 of this Article.
Article 65. Violations against
regulations on management and use of villas
1. A fine ranging from VND 150,000,000 to VND
200,000,000 shall be imposed for commission of one of the following violations:
a)
Changing one of the following elements of a group-1 villa: Exterior design,
interior structure, building density, number of storeys or height;
b)
Changing exterior design of a group-2 villa.
2. Remedial measure: Enforced restoration to
initial state or enforced demolition of the construction work or work items
built against regulations in case of commission of the violation in Clause 1 of
this Article.
Article 66. Violations against
regulations on management and use of apartment buildings
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a)
Causing leakage in apartments of the apartment building;
b)
Painting or decorating the outer sides of the apartments of apartment building
against regulations;
c) Trading in explosive materials, providing motor
vehicle repair services or slaughtering services;
d) Engaging in restaurant, karaoke or bar business
at the non-business area of an apartment building or failing to ensure noise
isolation and fulfillment of fire safety requirements, or failing to have
emergency exits when engaging in such business lines at the business area of
the apartment building;
dd) Carrying out business activities (except the
cases prescribed in Point c, Point d Clause 1, Point b Clause 3 of this
Article) at the non-business area of an apartment building;
e) Failing to establish the management board of the
apartment building as regulated.
2. A
fine ranging from VND 30,000,000 to VND 40,000,000 shall be imposed for
commission of one of the following violations:
a)
Deliberately changing loading structure or design of areas of separate
ownership in an apartment building;
b) Using apartments of the apartment building for
non-residential purposes;
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3. A fine
ranging from VND 40,000,000 to VND 50,000,000 shall be imposed for commission
of one of the following violations:
a)
Encroaching surrounding spaces, shared areas or areas under separate ownership
of other occupiers in the apartment building;
b) Engaging
in bar business.
4. A fine ranging from VND 50,000,000 to VND
60,000,000 shall be imposed on the management board of the apartment building
for committing one of the following violations:
a) Managing and using fees for maintenance of
shared areas against regulations;
b) Deliberately repurposing the shared area of an
apartment building;
c) Deliberately deciding fees for management and
operation of the apartment building without obtaining approval from the
apartment building meeting;
d) Deliberately deciding to enter into a service
contract for management and operation of the apartment building without
obtaining approval from the apartment building meeting;
dd) Failing to present reports on collections and
payments at the apartment building meeting as regulated;
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5. A fine ranging from VND 60,000,000 to VND
80,000,000 shall be imposed on the apartment building operating unit for
committing one of the following violations:
a) Managing the apartment building without meeting
relevant requirements;
b) Failing to establish professional divisions to
take charge of managing the apartment building as regulated;
c) Employing persons who do not possess
certificates of completion of building apartment management training course for
performing professional duties;
d) Managing and using fees for management and
operation of the apartment building against regulations;
dd) Failing to provide information about the
apartment building managing unit to the Ministry of Construction for publishing
on its website.
6. A fine ranging from VND 80,000,000 to VND
90,000,000 shall be imposed on the investor for committing one of the following
violations:
a) Failing to transfer or delaying the transfer of
apartment building documentation to the management board of the apartment
building;
b) Selecting an unqualified unit to take charge of
managing the apartment building;
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7. A fine ranging from VND 100,000,000 to VND
150,000,000 shall be imposed on the investor for committing one of the
following violations:
a) Failing to organize the first apartment building
meeting as regulated;
b) Failing to transfer, delaying the transfer, or
insufficiently or improperly transferring fees for maintenance of shared areas
of the apartment building.
8. A fine ranging from VND 250,000,000 to VND
300,000,000 shall be imposed on the investor for committing one of the
following violations:
a) Deliberately repurposing the shared area or
non-residential area of a multi-purpose apartment building;
b) Calculating apartment areas or other areas of
separate ownership in the apartment building against regulations;
c) Failing to allocate area for building the
community house of the apartment building;
d) Committing the violation in Point a Clause 4 of
this Article.
9. Additional penalty: The provision of apartment
building management and operation services shall be suspended for 24 months in
case of commission of the violation in Point b Clause 5 of this Article.
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a) Enforced restoration to the initial state or
enforced demolition of the work or work items built against regulations in case
of commission of one of the violations in Point a, Point c Clause 2, Point a
Clause 3 and Point a Clause 8 of this Article;
b) Enforced compliance with regulations on painting
and decoration of outer sides of the apartment building and its apartments in
case of commission of the violation in Point a Clause 1 of this Article;
c) Enforced fulfillment of sound isolation, fire
prevention and emergency exit requirements in case of commission of the
violation in Point d Clause 1 of this Article (for business areas);
d) Enforced establishment of the management board
of apartment building in case of commission of the violation in Point e Clause
1 of this Article;
dd) Enforced return of improperly spent maintenance
fees and compensation for damage (if any) in case of commission of the
violation in Point a Clause 4 or Point d Clause 8 of this Article;
e) Enforced abrogation of decision on fees for
management and operation of apartment building and organization of apartment
building meeting to seek approval for fees for management and operation of
apartment building; enforced return of overpaid fees compared to the management
fee approved by the apartment building meeting to apartment owners/occupiers in
case of commission of the violation in Point c Clause 4 of this Article;
g) Enforced selection of the apartment building
managing unit according to regulations in case of commission of the violation
in Point d Clause 4 of this Article;
h) Enforced compliance with regulations in case of
commission of the violation in Point c Clause 5 of this Article;
i) Enforced transfer of entire maintenance fees to
the management board of apartment building in case of commission of the
violation in Point b Clause 7 of this Article.
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l) Enforced allocation of area for building the community
house in case of commission of the violation in Point c Clause 8 of this
Article.
Article 67. Violations against
regulations on management of office buildings
1.
A warning or a fine ranging from VND 500,000 to VND 1,000,000 shall be imposed
for commission of one of the following violations:
a)
Using personal cooking equipment or water heater in the working office;
b) Failing to install name plates or guidance signs
at public places, technical and serving divisions as regulated or failing to
install warning signs at technical divisions (such as electrical and
firefighting equipment);
c) Failing to post up internal regulations of an
office at its entrance or standing division;
d) Failing to have a building diagram showing
blocks, working offices, public, technical and serving divisions (unless
otherwise regulated);
dd) Failing to install name plates of working
offices or titles of officials or public employees in front of their offices.
2. A
fine ranging from VND 10,000,000 to VND 20,000,000 shall be imposed for
commission of one of the following violations:
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b) Failing to formulate internal regulations on
management and use of office building as regulated;
c) Failing to submit periodical and ad hoc reports
as required or insufficiently submitting reports.
3. A
fine ranging from VND 40,000,000 to VND 50,000,000 shall be imposed for
commission of one of the following violations:
a) Storing explosive materials or flammable
substances in working office;
b) Failing to equip firefighting equipment at the
office building or failing to conduct periodical inspection of firefighting
equipment.
4. A
fine ranging from VND 50,000,000 to VND 60,000,000 shall be imposed for
commission of one of the following violations:
a) [20] Appropriating or
using the office building for production, business, leasing, residence or other
purposes against its functions;
b) Failing to prepare or modify the office building
documentation during its operation; failing to retain or send summarized office
building documentation to the office building authority as regulated.
5. Remedial measures:
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b) Enforced preparation or modification of office
building documentation during its operation in case of commission of the
violation in Point b Clause 4 of this Article.
Article 68. Violations against
regulations on preparation and retention of housing documentation
1. A fine ranging from VND 40,000,000 to VND
50,000,000 shall be imposed for failing to prepare and keep housing
documentation, or insufficiently preparing or retaining housing documentation
as regulated in case of construction of houses for lease.
2. Remedial measure: Enforced preparation and
retention of housing documentation as regulated in case of commission of the
violation in Clause 1 of this Article.
Chapter VI
POWER TO RECORD AND
IMPOSE PENALTIES FOR ADMINISTRATIVE VIOLATIONS AND REMEDIAL MEASURES
Article 69. Power to record administrative violations
The
following officers shall have the power to record administrative violations
herein:
1.
Persons who have the power to impose penalties as prescribed in Article 71,
Article 72, Article 73, Article 74, Article 76, Article 77 and Article 78
hereof.
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3.
Officials, public employees and inspectors who work at construction inspecting
agencies and are assigned to carry out independent inspections or participate
in inspection teams.
4.
Officials and public employees who are assigned to carry out inspections in
each of the following fields under the state management: Construction;
extraction, processing and trading of construction minerals, production and
trading of building materials; management of infrastructural constructions;
real estate business, management and development of houses and office
buildings.
5.
Persons who have the power to impose penalties prescribed in Article 75 hereof
shall have the power to record the administrative violations in Article 6
hereof.
Article 70. Power to impose administrative penalties
1.
Persons who have the power to impose penalties prescribed herein shall only
impose penalties for the administrative violations within the granted power;
administrative violations beyond their competence shall be recorded and
transferred to the persons competent to make penalty imposition decisions.
2. If
building permits, certificates of competency and practicing certificates are
suspended, persons who have the power to impose penalties must send written
notifications thereof or penalty imposition decisions to inspection agencies of
Provincial Departments of Construction.
3. If an
administrative violation falls within the power to impose penalties of two or
more persons, the person who handles the case first shall impose penalties for
such administrative violation.
4. Penalties imposed by the competent persons
prescribed in Article 71, Article 72, Article 73, Article 74, Article 76,
Article 77 and Article 78 hereof are penalties imposed for administrative
violations committed by organizations; a fine imposed for an administrative
violation committed by an individual shall be a half of that imposed on an
organization for the same violation.
Article 71. Power to impose penalties of construction
inspectors
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2.
Impose a fine up to VND 1,000,000.
3. Impose the remedial measures mentioned in Point
a and Point b Clause 3 Article 3 hereof.
Article 72. Power to impose penalties of heads of
specialized inspection teams
1. Heads
of specialized inspection teams established by Inspectorates of Provincial Departments
of Construction shall have the power to impose the following penalties:
a) Issue
warning;
b)
Impose a fine up to VND 100,000,000;
c)
Suspend licenses, certificates of competency or practicing certificates or
operations for fixed periods;
d) Impose
the remedial measures mentioned in Clause 3 Article 3 hereof.
2. Heads
of specialized inspection teams established by the Inspectorate of the Ministry
of Construction shall have the power to impose the following penalties:
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b) Impose
a fine up to VND 500,000,000 for violations in investment and construction
field or a fine up to VND 210,000,000 for violations in the following fields:
Extraction, processing and trading of construction minerals, production and
trading of building materials; management of infrastructural constructions;
real estate business, housing development, management and use of houses and
office buildings;
c)
Suspend licenses, certificates of competency or practicing certificates or
operations for fixed periods;
d) Impose the remedial measures mentioned in Clause
3 Article 3 hereof.
Article 73. Power to impose penalties of chief inspectors
of Provincial Departments of Construction
1. Issue
warning.
2.
Impose a fine up to VND 100,000,000.
3.
Suspend licenses, certificates of competency or practicing certificates or
operations for fixed periods.
4. Impose the remedial measures mentioned in Clause
3 Article 3 hereof.
Article 74. Power to impose penalties of Chief Inspector of
the Ministry of Construction
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2.
Impose a fine:
a) up to
VND 300,000,000 for violations in the following fields: extraction, processing
and trading of construction minerals, production and trading of building
materials; management of infrastructural constructions; real estate business,
housing development, management and use of houses and office buildings; or
b) up to
VND 1,000,000,000 for violations in the field of investment and construction.
3.
Suspend licenses, certificates of competency or practicing certificates or
operations for fixed periods.
4. Impose the remedial measures mentioned in Clause
3 Article 3 hereof.
Article 75. Power to impose penalties of people’s public
security forces
Persons who work at people’s public security forces
and have the power to impose penalties shall have the power to impose penalties
for the administrative violations in Article 6 hereof.
Article 76. Power to impose penalties of Chairpersons of
Communal-level People’s Committees
1. Issue
warning.
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3. Impose the remedial measures mentioned in Point
a, Point b and Point dd Clause 3 Article 3 hereof.
Article 77. Power to impose
penalties of Chairpersons of District-level People’s Committees
1. Issue warning.
2. Impose a fine up to VND 100,000,000.
3. Suspend licenses, certificates of competency or
practicing certificates or operations for fixed periods.
4. Impose the remedial measures mentioned in Clause
3 Article 3 hereof.
Article 78. Power to impose
penalties of Chairpersons of Provincial-level People’s Committees
1. Issue warning.
2.
Impose a fine:
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b) up to
VND 1,000,000,000 for violations in the field of investment and construction.
3.
Suspend licenses, certificates of competency or practicing certificates or
operations for fixed periods.
4. Impose the remedial measures mentioned in Clause
3 Article 3 hereof.
Chapter VII
IMPLEMENTATION
PROVISIONS
Article 79. Transition[21]
1. Decisions on imposition of penalties for the
administrative violations other than those prescribed in Clause 2 and Clause 3
of this Article, which have been issued by competent authorities but not yet
implemented, shall be implemented or enforced in accordance with regulations of
the Law on penalties for administrative violations, the Government’s Decree No.
121/2013/ND-CP dated October 10, 2013 on penalties for administrative
violations against regulations on construction, real estate business,
extraction, production and trading of construction minerals, management of
infrastructural constructions, management and development of houses and office
buildings (hereinafter referred to as the “Decree No. 121/2013/ND-CP”) and the
Government’s Decree No. 180/2007/ND-CP dated December 07, 2007 elaborating
implementation of the Law on Construction with respect of penalties for
violations against urban construction order (hereinafter referred to as the
“Decree No. 180/2007/ND-CP”).
2. Administrative violations in Clause 1, Clause 2
and Clause 3 Article 5 of the Decree No. 180/2007/ND-CP, which have been
committed after the effective date of the Decree No. 180/2007/ND-CP, ended
before the effective date of this Decree, meet the requirements in Clause 9
Article 13 of the Decree No. 121/2013/ND-CP and now are conformable with the
construction planning approved by a competent authority shall be sanctioned in
accordance with regulations in Clause 9 Article 13 of the Decree No.
121/2013/ND-CP.
3.
Administrative violations in Clause 3, Clause 5, Clause 6, Point b Clause 7
Article 13 and Clause 2 Article 70 of the Decree No. 121/2013/ND-CP, which have
ended before the effective date of this Decree, meet the requirements in Clause
9 Article 13 of the Decree No. 121/2013/ND-CP and now are conformable with the
construction planning approved by a competent authority shall be sanctioned in
accordance with regulations in Clause 9 Article 13 of the Decree No.
121/2013/ND-CP.
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5.
Benefits illegally obtained from administrative violations and calculated
according to the value of works or work items built against regulations or
without building permits, must not be transferred to state budget if the
violation involves construction of single-detached houses.
6. The
Ministry of Construction shall stipulate specific cases and methods of
calculation of illegal benefits obtained from works or work items built against
regulations as mentioned in Clause 2, Clause 3 and Clause 4 of this Article.
Article 80. Effect [22]
This Decree comes into force from January 15, 2018
and supersedes the Government’s Decree No. 121/2013/ND-CP dated October 10,
2013 and the Government’s Decree No. 180/2007/ND-CP dated December 07, 2007.
Article 81. Responsibility for implementation
1. The Ministry of Construction shall stipulate
Article 15 and Article 79 hereof.
2. Ministers, heads of ministerial agencies, heads
of Governmental agencies, Chairpersons of People’s Committees of provinces and
central-affiliated cities, and heads of relevant agencies shall be responsible
for implementation of this Decree./.
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PP. MINISTER
DEPUTY MINISTER
Nguyen Van Sinh
1 The Decree No. 21/2020/ND-CP is
promulgated pursuant to:
“The Law on Organization of the Government
dated June 19, 2015;
The Law on Penalties for Administrative
Violations dated June 20, 2012;
The Law on Construction dated June 18, 2014;
And at the request of the Minister of
Construction;”
[2], 3 This
Point is abrogated according to Clause 1 and Clause 2 of the Decree No.
21/2020/ND-CP, which comes into force from April 01, 2020.
[4] This Point is amended
according to Clause 1 Article 1 of the Decree No. 21/2020/ND-CP, which comes
into force from April 01, 2020.
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8, 9
This Point is abrogated according to Clause 2 Article 2 of the Decree No.
21/2020/ND-CP, which comes into force from April 01, 2020.
[10] This Point is
abrogated according to Clause 2 Article 2 of the Decree No. 21/2020/ND-CP,
which comes into force from April 01, 2020.
[11] This Point is
abrogated according to Clause 3 Article 2 of the Decree No. 21/2020/ND-CP,
which comes into force from April 01, 2020.
[12] This Point is
abrogated according to Clause 3 Article 2 of the Decree No. 21/2020/ND-CP,
which comes into force from April 01, 2020.
[13] This Point is
abrogated according to Clause 4 Article 2 of the Decree No. 21/2020/ND-CP,
which comes into force from April 01, 2020.
[14] This Point is
abrogated according to Clause 5 Article 2 of the Decree No. 21/2020/ND-CP,
which comes into force from April 01, 2020.
15, 16 This Point is abrogated according
to Clause 6 Article 2 of the Decree No. 21/2020/ND-CP, which comes into force
from April 01, 2020.
[17] This Point is amended
according to Clause 2 Article 1 of the Decree No. 21/2020/ND-CP, which comes
into force from April 01, 2020.
[18] This Point is amended
according to Clause 3 Article 1 of the Decree No. 21/2020/ND-CP, which comes
into force from April 01, 2020.
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[20] This Point is amended
according to Clause 5 Article 1 of the Decree No. 21/2020/ND-CP, which comes
into force from April 01, 2020.
[21] Article 3 of the
Decree No. 21/2020/ND-CP dated February 17, 2020, which comes into force from
April 01, 2020, stipulates as follows:
“Article
3. Transition
1.
The administrative violations in Point c, Point d and the violation relating to
appraisal of cost estimates in Point g Clause 1 Article 7; the administrative
violations in Point d, Point dd Clause 2; Point d Clause 3 Article 23; Clause 3
Article 38; Clause 1 Article 39; Point a Clause 1 Article 60; Point a, Point b
Clause 1 Article 61; the violations relating to borrowing of house by the
lessee or tenant of a state-owned house without the approval by a competent
authority in Point a Clause 2 Article 63, donation of house which does not meet
relevant requirements in Point d Clause 2 Article 63, borrowing of official
residences in Point c Clause 2 Article 64, appropriating or using the office
building for borrowing inconsistently with its functions in Point a Clause 4
Article 67 of the Government's Decree No. 139/2017/ND-CP which have been
committed before the effective date of this Decree and for which penalty
imposition decisions have been issued by competent authorities but not yet
implemented shall be handled according to relevant penalty imposition
decisions.
2. No
penalties shall be imposed for the administrative violations in Clause 1 of
this Article if they are recorded or detected after this Decree comes into
force.”
[22] Article 4 of the
Decree No. 21/2020/ND-CP dated February 17, 2020, which comes into force from
April 01, 2020, stipulates as follows:
“Article
4. Effect
This
Decree comes into force from April 01, 2020.