THE GOVERNMENT
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THE SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
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No. 122/2021/ND-CP
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Hanoi, December 28, 2021
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DECREE
PENALTIES FOR ADMINISTRATIVE VIOLATIONS AGAINST REGULATIONS
ON PLANNING AND INVESTMENT
Pursuant to the Law on
Government Organization dated June 19, 2015; Law on Amendments to some Articles
of the Law on Government Organization and Law on Local Government Organization
dated November 22, 2019;
Pursuant to the Law on
Penalties for Administrative Violations dated June 20, 2015; Law on Amendments
to some Articles of the Law on Penalties for Administrative Violations dated
November 13, 2020;
Pursuant to the Law on
Cooperatives dated November 20, 2012;
Pursuant to the Law on
Bidding dated November 26, 2013;
Pursuant to the
Construction Law dated June 18, 2014; Law on Amendments to the Construction Law
dated June 17, 2020;
Pursuant to the Law on
Planning dated November 24, 2017;
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Pursuant to the Law on
Investment dated June 17, 2020;
Pursuant to the Law on
Enterprises dated June 17, 2020;
Pursuant to the Law on
Public - Private Partnership Investment dated June 18, 2020;
At the request of the
Minister of Planning and Investment;
The Government
promulgates a Decree on penalties for administrative violations against
regulations on planning and investment.
Chapter
I
GENERAL
Article
1. Scope
1. This Decree provides
for administrative violations, penalties, fines, remedial measures, the power
to make administrative violation records, the power to impose penalties for
violations against regulations on planning and investment.
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a) Violations against
regulations on investment (including public investment, business investment in
Vietnam, outward business investment, public private partnership (PPP));
b) Violations against
regulations on bidding;
c) Violations against
regulations on enterprise registration;
d) Violations against
regulations on planning.
3. Relevant regulations
on penalties for administrative violations that arise from state management
shall apply to other administrative violations against regulations on planning
and investment that are not specified in this Decree.
Article
2. Regulated entities
1. This Decree applies
to:
a) Vietnamese and foreign
organizations and individuals (hereinafter referred to as “entities”) that
commit administrative violations against regulations on planning and
investment.
b) Persons that have the
power to make administrative violation records and the power to impose
penalties for administrative violations as prescribed in this Decree;
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2. The organizations
specified in Point a Clause 1 of this Article include:
a) Joint-stock companies,
single-member limited liability companies, partnerships and sole
proprietorships established and operating under the Law on Enterprises, Law on
Investment, Law on Public - Private Partnership and other legislative
documents;
b) If a branch,
representative office or business location of an enterprise specified in Point
a Clause 2 of this Article commits an administrative violation when performing
its business within the operating scope and period authorized by the enterprise
and when complying with the enterprise’s guidance, direction, assignment or
consent, such enterprise is the one that faces a fine for such administrative violation;
the fine to be imposed is the one imposed upon organizations.
If a branch,
representative office or business location of an enterprise specified in Point
a Clause 2 of this Article commits an administrative violation when performing
its business within the operating scope and period not authorized by the
enterprise and when not complying with the enterprise’s guidance, direction,
assignment or consent, the head of such branch, representative office or
business location of the enterprise shall assume responsibility and face a fine
for such administrative violation imposed on an individual for the activities
carried out by the enterprise’s branch, representative office or business
location.
c) Foreign organizations
and enterprises, operating offices of foreign investors to business cooperation
contract (BCC), operating offices of foreign contractors in Vietnam;
d) Organizations
established and operating under the Law on Cooperatives;
dd) Other organizations that
commit administrative violations against regulations on planning and
investment.
Article
3. Penalties and remedial measures
1. Main penalties
include:
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b) Fines.
2. Depending on the nature
and severity of the violation, the violator may be liable to one or more
remedial measures specified in Articles from Chapter II to Chapter V of this
Decree.
Article
4. Fines
1. Maximum fines for
administrative violations specified in this Decree are as follows:
a) The maximum fine for
an administrative violation against regulations on investment: VND 300,000,000;
b) The maximum fine for
an administrative violation against regulations on bidding: VND 300,000,000;
c) The maximum fine for
an administrative violation against regulations on enterprise registration: VND
100,000,000;
d) The maximum fine for
an administrative violation against regulations on planning: VND 500,000,000.
2. The fines for
administrative violations specified in this Decree are imposed upon
organizations (except for the fines for violations specified in Point c Clause
2 Article 28; Points a and b Clause 2 Article 38; Article 62 and Article 63 of
this Decree, which are imposed upon individuals). For the same violation, the
fine incurred by an individual is 1/2 (half) that incurred by an organization.
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1. The prescriptive time
limits for imposing penalties for violations against regulations on investment,
bidding and enterprise registration shall be 01 year; on planning shall be 02
years.
2. The administrative
violations specified in Article 7; Article 9; Article 10; Article 13; Article
14; Clause 2 Article 15; Clause 3 Article 16; Article 17; Article 18; Article
19; Article 20; Article 21; Article 22; Article 23; Article 24; Article 30;
Article 36; Article 37; Article 43; Article 44; Article 45; Article 46; Article
47; Article 48; Article 49; Article 50; Article 51; Article 52; Article 53;
Article 54; Article 55; Article 56; Article 57; Article 58; Article 59; Article
60; Article 61; Article 62; Article 63; Article 64; Article 65; Article 66;
Article 67; Article 68, Article 69; Article 70; Article 71 and Article 72 of
this Decree are in-progress administrative violations.
For an in-progress
violation, the prescriptive time limit begins from the date on which that
violation is detected. If the violation has been completed, the prescriptive
time limit begins from the date on which that violation terminates.
3. The administrative
violations specified in this Decree (except for the administrative violations
specified in Clause 2 of this Article, Article 12 and Article 25) are completed
ones.
For a completed
violation, the prescriptive time limit begins from the date on which that
violation terminates.
Chapter
II
ADMINISTRATIVE
VIOLATIONS AGAINST REGULATIONS ON INVESTMENT, PENALTIES, FINES AND REMEDIAL
MEASURES
Section
1. ADMINISTRATIVE VIOLATIONS AGAINST REGULATIONS ON PUBLIC INVESTMENT,
PENALTIES, FINES AND REMEDIAL MEASURES
Article
6. Violations against regulations related to the investment guideline proposal
report, pre-feasibility study report, feasibility study report
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a) Requesting a competent
authority to consider and decide the investment guidelines when the
program/project overlaps the program/project already obtaining investment
guideline decisions or investment decision;
b) Failure to follow
procedures for making an investment guideline proposal report, pre-feasibility
study report or feasibility study report;
c) Failure to follow
procedures and conditions for adjusting a program/project.
2. A fine ranging from
VND 30,000,000 to VND 50,000,000 shall be imposed for any of the following
violations:
a) Making an estimate,
payment or statement of costs of making an investment guideline proposal
report, pre-feasibility study report or feasibility study report according to
incorrect unit prices or norms;
b) Making an investment
guideline proposal report, pre-feasibility study report or feasibility study
report that is not conformable with national standards or national technical
regulations;
c) Failure to make an
investment guideline proposal report, pre-feasibility study report or
feasibility study report in conformity with the socio-economic development
strategy or plan or relevant planning according to regulations of law on
planning;
d) Making an investment
guideline proposal report, pre-feasibility study report or feasibility study
report in which funding sources and capital balancing capability are not
defined.
3. Remedial measures:
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a) return the excess funds
after making payment or statement of the costs of making the investment
guideline proposal report, pre-feasibility study report or feasibility study
report according to incorrect unit prices or norms if the violation specified
in Point a Clause 2 of this Article is committed;
b) adjust the investment
guideline proposal report, pre-feasibility study report or feasibility study
report according to national standards or national technical regulations if the
violation specified in Point b Clause 2 of this Article is committed;
c) adjust the investment
guideline proposal report, pre-feasibility study report or feasibility study
report in conformity with the socio-economic development strategy or plan or
relevant planning according to regulations of law on planning if the violation
specified in Point c Clause 2 of this Article is committed.
Article
7. Violations against regulations on reporting and providing information about
public investment
1. A fine ranging from
VND 20,000,000 to VND 30,000,000 shall be imposed for any of the following
violations:
a) Failure to report or
insufficiently, inaccurately reporting the execution of the program/project;
b) Failure to provide or
insufficiently, inaccurately providing information or documents relating to the
program/project.
2. Remedial measures:
The violator is compelled
to:
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b) provide information or
documents or provide sufficient, accurate information or documents relating to
the program/project if the violation specified in Point b Clause 1 of this
Article is committed.
Article
8. Violations against regulations on design of public investment programs and
projects
1. A fine ranging from
VND 30,000,000 to VND 50,000,000 shall be imposed for any of the following
violations:
a) Failure to design a
program or project according to regulations, standards, norms and technical solutions,
resulting in failure to ensure it meets quality requirements;
b) Producing a design
beyond prescribed regulations, standards and norms.
2. Remedial measures:
The violator is compelled
to:
a) adjust the design
according to regulations, standards, norms and technical solutions to ensure it
meets quality requirements if the violation specified in Point a Clause 1 of
this Article;
b) return the funds for
producing the design beyond regulations and standards if the violation
specified in Point b Clause 1 of this Article.
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A fine ranging from VND
20,000,000 to VND 30,000,000 shall be imposed for any of the following
violations:
1. Making an report on
supervision, inspection or assessment of a plan/program/project in a untruthful
and partial manner.
2. Failure to carry out
supervision or inspection of a plan/program/project.
3. Failure to carry out
an initial, midterm, stage-by-stage assessment or terminal assessment as
prescribed; failure to carry out impact assessment and ad-hoc assessment upon
request.
Article
10. Regulations against regulations on reporting investment supervision and
assessment
1. A fine ranging from
VND 20,000,000 to VND 30,000,000 shall be imposed for any of the following
violations:
a) Making a report on
investment supervision/assessment behind schedule or in an insufficient manner
as prescribed;
b) Failure to update the investment
supervision/assessment report on the National Investment Supervision and
Assessment Portal.
2. A fine ranging from
VND 30,000,000 to VND 50,000,000 shall be imposed for any of the following
violations:
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b) Making an untruthful,
inaccurate investment supervision/assessment report.
3. Remedial measures:
The violator is compelled
to:
a) complete the
investment supervision/assessment report if the violation specified in Point a
Clause 1 of this Article is committed;
b) update the investment
supervision/assessment report on the National Investment Supervision and
Assessment Information Portal if the violation specified in Point b Clause 1 of
this Article is committed;
c) comply with
regulations on reporting investment supervision/assessment on a periodic basis
if the violation specified in Point a Clause 2 of this Article is committed.
Article
11. Violations against regulations on use of public investment capital
1. A fine ranging from
VND 100,000,000 to VND 200,000,000 shall be imposed for using public investment
capital in excess of prescribed standards and limits.
2. A fine ranging from
VND 200,000,000 to VND 300,000,000 shall be imposed for using public investment
capital for wrongful purposes or to serve incorrect beneficiaries.
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Article
12. Violations against regulations on use of public investment capital that
involves construction constituents
Where an administrative violation
against regulations on use of public investment capital that involves
construction constituents such as survey, design, construction supervision,
construction execution, quality management, commissioning, payment and
financial statement of a investment project, the person entitled to impose
penalties specified in this Decree may impose a penalty in accordance with the
Government’s regulations on penalties for administrative violations against
regulations on construction.
Article
13. Violations against regulations on management of execution of a
program/project funded by official development assistance (ODA) or concessional
loans granted by foreign sponsors
1. A fine ranging from
VND 20,000,000 to VND 30,000,000 shall be imposed for failure to organize the
supervision and/or assessment of the execution of a program/project funded by
ODA and concessional loans granted by foreign sponsors as prescribed.
2. A fine ranging from
VND 30,000,000 to VND 50,000,000 shall be imposed for any of the following violations:
a) Executing a
program/project against the investment guideline decision, decision on
investment in the program/project, implementation guidelines, decision on
approval for the project document of a technical assistance project or
non-project;
b) Executing a
program/project behind schedule not because of an objective reason or a force
majeure event.
Article
14. Violations against regulations on reporting and providing information about
a program/project funded by ODA or concessional loans granted by foreign
sponsors
1. A fine ranging from
VND 20,000,000 to VND 30,000,000 shall be imposed for failure to comply with
regulations on reporting the execution of a program/project funded by ODA or
concessional loans granted by foreign sponsors to a competent authority.
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3. Remedial measures:
The violator is compelled
to:
a) make and send a report
to a competent authority as prescribed by law the violation specified in Clause
1 of this Article is committed;
b) provide accurate
information or documents about the program/project if the violation specified
in Clause 2 of this Article is committed.
Section
2. ADMINISTRATIVE VIOLATIONS AGAINST REGULATIONS ON BUSINESS INVESTMENT IN
VIETNAM, PENALTIES, FINES AND REMEDIAL MEASURES
Article
15. Violations against regulations on reporting and providing information about
investment activities in Vietnam
1. A fine ranging from
VND 20,000,000 to VND 30,000,000 shall be imposed for any of the following
violations:
a) Making a report on
investment supervision/assessment behind schedule or in an insufficient manner
as prescribed;
b) Failure to comply with
regulations on reporting investment supervision/assessment on a periodic basis
as prescribed.
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a) Failure to comply with
regulations on reporting investment activities or reporting investment
activities behind prescribed schedule;
b) Submitting an untruthful
or inaccurate report on investment activities;
c) Failure to send a
folder to the investment registration authority of the area where the operating
office is located within 07 working days from the date on which the decision to
shut down the operating office of the foreign investor to BCC is issued;
d) Failure to send a
notification to the investment registration authority within 05 working days
from the date on which the decision on investment project termination is
issued;
dd) Failure to send a
notification of or decision on investment project termination to the investment
registration authority within 15 working days from the date of investment
project termination in the cases specified in Clause 1 Article 48 of the Law on
Investment.
3. Remedial measures:
The violator is compelled
to:
a) complete the
investment supervision/assessment report if the violation specified in Point a
Clause 1 of this Article is committed;
b) comply with
regulations on reporting investment supervision/assessment on a periodic basis
if the violation specified in Point a Clause 1 of this Article is committed.
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d) send a notification of
or decision on investment project termination to the investment registration
authority if any of the violations specified in Points c, d and dd Clause 2 of
this Article is committed.
Article
16. Violations against regulations on conditions for business investment in
Vietnam
1. A fine ranging from
VND 80,000,000 to VND 100.000.000 shall be imposed for contributing capital to,
purchasing stakes or purchasing shares of a business organization without satisfying
the prescribed conditions.
2. A fine ranging from
VND 100,000,000 to VND 200,000,000 shall be imposed upon:
a) any investor that
transfers part or whole of their investment project without satisfying the
prescribed conditions; or
b) any foreign investor
or business organization specified in Point a, Point b or c Clause 1 Article 23
of the Law on Investment 2020 that receives part or whole of an investment
project without satisfying the prescribed conditions.
3. A fine ranging from
VND 200,000,000 to VND 300,000,000 shall be imposed for making business
investment in banned business lines prescribed by law.
4. Remedial measures: The
violator is compelled to terminate their business investment activities and
return the illegal benefits obtained from the business investment in the banned
business lines if the violation specified in Clause 3 of this Article is
committed.
Article
17. Violations against regulations on issuance and adjustment of investment
registration certificates, certificates of registration of operating office to
the foreign investor to BCC, investment guideline approval, approval for both
investment guidelines and investor, investor approval
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2. A fine ranging from
VND 70,000,000 to VND 100,000,000 shall be imposed for any of the following
violations:
a) Submitting an
unlawful, untruthful, inaccurate investment project dossier to obtain the
investment registration certificate, investment guideline approval, approval
for both investment guideline adjustment and investor change or investor
approval;
b) Failure to follow
procedures for adjusting the investment registration certificate in case the
adjustment of the investment project changes any content of the investment
registration certificate;
c) Failure to apply for
approval for adjustment of investment guidelines, approval for both investment
guideline adjustment and investor change or approval for investor change where
the adjustment is compulsory as prescribed by law.
3. Remedial measures:
The violator is compelled
to:
a) apply for establishment
of operating office of investor to BCC if the violation specified in Clause 1
of this Article is committed;
b) follow procedures for
adjusting the investment registration certificate if the violation specified in
Point b Clause 2 of this Article is committed;
c) apply for approval for
adjustment of investment guidelines, approval for both investment guideline
adjustment and investor change or approval for investor change if the violation
specified in Point c Clause 2 of this Article is committed.
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1. A fine ranging from
VND 50,000,000 to VND 70,000,000 shall be imposed for providing inaccurate,
untruthful information to enjoy investment incentives.
In case of committing a
violation to enjoy investment incentives to taxes and other amounts payable to
state budget, fines therefor shall be imposed according to regulations on
penalties for administrative tax offences and relevant regulations of law.
2. Remedial measures: The
violator is compelled to return the illegal benefits obtained from enjoyment of
investment incentives against regulations if the violation specified in Clause
1 of this Article is committed.
Article
19. Violations against regulations on execution of investment projects in
Vietnam
1. A fine ranging from
VND 50,000,000 to VND 70,000,000 shall be imposed for any of the following
violations:
a) Failure to pay a
deposit or obtain a bank guarantee for deposit payment obligation for execution
of an investment project that requests the State to allocate or lease out land
or grant permission for land repurposing unless otherwise prescribed by law;
b) Failure to follow
procedures for guaranteeing of execution of an investment project on prescribed
schedule;
c) Increasing the
investment capital of a project without paying an additional amount of deposit
or credit institution’s deposit payment guarantee when requested in writing by
the investment authority;
d) Making an unlawful,
untruthful, inaccurate application for reduction in the costs of guarantee for
project execution.
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a) Failure to correctly
comply with the written approval for investment guidelines, written approval
for both investment guideline adjustment and investor change, written approval
for investor or investment registration certificate;
b) Failure to follow the
procedures for liquidating the investment or project and discharge financial
obligations to the State as prescribed by law;
c) Suspending an
investment project for a total period of more than 12 months.
3. A fine ranging from
VND 100,000,000 to VND 200,000,000 shall be imposed for any of the following
violations:
a) Executing the project
before being granted the investment registration certificate or approval for
investment guidelines, approval for both investment guideline adjustment and
investor change or investor approval;
b) Failure to suspend the
investment project after the competent authority decides to suspend the
investment project or suspend it in part or in full.
4. Remedial measures:
The violator is compelled
to:
a) pay an additional
amount according to regulations of law if the violation specified in Point c Clause
1 of this Article is committed;
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c) follow procedures for
liquidating the investment project and discharging financial obligations if the
violation specified in Point b Clause 2 of this Article is committed;
d) continue to execute
the investment project according to the schedule on the investment registration
certificate, written approval for investment guidelines and written approval
for both investment guideline adjustment and investor change or terminate the
investment project if the violation specified in Point c Clause 2 of this
Article is committed written;
dd) apply for the
investment registration certificate, approval for both investment guideline
adjustment and investor change or investor approval if the violation specified
in Point a Clause 3 of this Article is committed.
Section
3. ADMINISTRATIVE VIOLATIONS AGAINST REGULATIONS ON OUTWARD BUSINESS
INVESTMENT, PENALTIES, FINES AND REMEDIAL MEASURES
Article
20. Violations against regulations on reporting outward investment activities
1. A fine ranging from VND
20,000,000 to VND 30,000,000 shall be imposed for any of the following
violations:
a) Failure to comply with
regulations on reporting outward investment activities or submitting an
inadequate report or a report without enclosing prescribed documents;
b) Failure to update
information or update information insufficiently, inaccurately or behind
prescribed schedule on the National Investment Information System;
c) Making a report on
investment supervision/assessment behind schedule or in an insufficient manner
as prescribed;
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2. Remedial measures:
The violator is compelled
to:
a) comply with
regulations on reporting or adding contents or documents to the report on
outward investment activities in if the violation specified in Point a Clause 1
of this Article is committed;
b) update information or
update sufficient, accurate information or documents on the National Investment
Information System if the violation specified in Point b Clause 1 of this
Article is committed;
c) complete the
investment supervision/assessment report if the violation specified in Point c
Clause 1 of this Article is committed;
d) comply with
regulations on reporting investment supervision/assessment if the violation
specified in Point d Clause 1 of this Article is committed.
Article
21. Violations against regulations on outward investment procedures
1. A fine ranging from
VND 20,000,000 to VND 30,000,000 shall be imposed for failure to update changes
on the National Investment Information System within a period of 01 month from
the date on which a content of the outward investment project is changed
without resulting in the project being subject to the adjustment of the outward
investment registration certificate.
2. A fine ranging from
VND 50,000,000 to VND 70,000,000 shall be imposed:
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b) for using the profits
from an outward investment project to execute another outward investment
project without following procedures for obtaining the outward investment
registration certificate for such project; or
c) in case a Vietnamese
investor uses their shares, stakes or investment project in Vietnam to pay for
or swap the purchase of shares, stakes or investment project of a foreign
business organization but fails to follow procedures for obtaining the outward
investment registration certificate as prescribed; or
d) for failure to follow
procedures for adjusting the outward investment registration certificate where
the adjustment is required by law; or
dd) for failure to follow
procedures for invalidating the outward investment registration certificate
where the invalidation is required by law; or
e) in case a Vietnamese
investor follows procedures for obtaining the outward investment registration
certificate after the foreign investor follows procedures for making investment
in Vietnam where the Vietnamese investor uses their shares, stakes or
investment project in Vietnam to pay for or swap the purchase of shares, stakes
or investment project of a foreign business organization.
3. A fine ranging from
VND 100,000,000 to VND 200,000,000 shall be imposed for failure to make outward
investment before the outward investment registration certificate is issued as
prescribed.
4. A fine ranging from
VND 200,000,000 to VND 300,000,000 shall be imposed for making outward
investment in the business lines banned from outward investment.
5. Remedial measures:
The violator is compelled
to:
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b) Follow procedures for obtaining
the outward investment registration certificate if any of the violations
specified in Points b and c Clause 2 of this Article is committed;
c) Follow procedures for
adjusting the outward investment registration certificate if the violation
specified in Point d Clause 2 of this Article is committed;
d) Follow procedures for
invalidating the outward investment registration certificate if the violation
specified in Point dd Clause 2 of this Article is committed;
dd) Follow procedures for
obtaining the outward investment registration certificate if the violation
specified in Clause 3 of this Article is committed;
e) terminate the outward
investment and return the illegal benefits obtained from the outward investment
in the banned business lines if the violation specified in Clause 4 of this
Article is committed.
Article
22. Violations against regulations on outward investment activities
1. A fine ranging from
VND 70,000,000 to VND 100,000,000 shall be imposed for failure to make outward
investment according to the outward investment registration certificate.
2. A fine ranging from
VND 100,000,000 to VND 200,000,000 shall be imposed for any of the following
violations:
a) Failure to correctly
comply with regulations on repatriation of profits and proceeds from outward
investment as prescribed.
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b) Failure to correctly
comply with regulations on repatriation of lawful capital and assets and all
proceeds from the project liquidation after terminating outward investment
activities.
In the case of a tax
offence, fines therefor shall be imposed according to regulations on penalties
for administrative tax offences.
3. Remedial measures:
The violator is compelled
to:
a) repatriate profits and
other proceeds from outward investment if the violation specified in Point a
Clause 2 of this Article is committed;
b) repatriate lawful
capital and assets and all proceeds from outward investment if the violation
specified in Point b Clause 2 of this Article is committed.
Section
4. ADMINISTRATIVE VIOLATIONS AGAINST REGULATIONS ON PPP INVESTMENT, PENALTIES,
FINES AND REMEDIAL MEASURES
Article
23. Violations against regulations on reporting and providing information about
PPP investment activities
1. A fine ranging from
VND 20,000,000 to VND 30,000,000 shall be imposed for any of the following
violations:
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b) Failure to report or
insufficiently, inaccurately reporting PPP investment activities;
c) Making a report on PPP
project investment supervision/assessment behind schedule or in an insufficient
manner as prescribed;
d) Failure to comply with
regulations on reporting PPP project investment supervision/assessment on a
periodic basis as prescribed.
2. Remedial measures:
The violator is compelled
to:
a) provide sufficient,
accurate information or documents relating to the PPP project if the violation
specified in Point a Clause 1 of this Article is committed;
b) comply with
regulations on reporting or complete the report on PPP investment activities if
the violation specified in Point b Clause 1 of this Article is committed;
c) complete the
investment supervision/assessment report if the violation specified in Point c
Clause 1 of this Article is committed;
d) make the report on
investment supervision/assessment as prescribed if the violation specified in
Point d Clause 1 of this Article is committed.
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1. A fine ranging from
VND 20,000,000 to VND 30,000,000 shall be imposed for any of the following
violations:
a) Failure to publish
information on the National Bidding Network System or website (if any) of the
competent authority within the time limit prescribed by regulations of law on
PPP;
b) Publishing
insufficient or unapproved information about a PPP project.
2. A fine ranging from VND
30,000,000 to VND 50,000,000 shall be imposed for failure to publish
information about a PPP project.
3. Remedial measures:
The violator is compelled
to:
a) publish sufficient or
approved information about the PPP project if the violation specified in Point
b Clause 1 of this Article is committed;
b) publish information
about the PPP project if the violation specified in Clause 2 of this Article is
committed.
Article
25. Violations against regulations on PPP projects with construction
constituents
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Article
26. Violations against regulations related to pre-feasibility study reports and
feasibility study reports for PPP projects
1. A fine ranging from
VND 20,000,000 to VND 30,000,000 shall be imposed for any of the following
violations:
a) Failure to follow
procedures for making a pre-feasibility study report, investment guideline
decision, feasibility study report or decision on approval for a PPP project;
b) Failure to follow
procedures for adjusting PPP project investment guidelines or PPP project;
c) Adjusting the
feasibility study report in a case other than the cases where the adjustment is
permitted as prescribed.
2. A fine ranging from
VND 30,000,000 to VND 50,000,000 shall be imposed for any of the following
violations:
a) Making an estimate,
payment or statement of costs of making a pre-feasibility study report or
feasibility study report according to incorrect unit prices or norms;
b) Failure to make a
pre-feasibility study report or feasibility study report in conformity with the
socio-economic development strategy or plan and relevant planning according to
regulations of law on planning.
3. Remedial measures:
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a) return the excess
funds after making payment or statement of the costs of making the
pre-feasibility study report or feasibility study report according to incorrect
unit prices or norms if the violation specified in Point a Clause 2 of this
Article is committed;
b) adjust the
pre-feasibility study report or feasibility study report in conformity with the
socio-economic development strategy or plan and relevant planning according to
regulations of law on planning if the violation specified in Point b Clause 2
of this Article is committed.
Article
27. Violations against regulations on selection of PPP project investors
1. A fine ranging from
VND 20,000,000 to VND 30,000,000 shall be imposed for any of the following
violations:
a) Failure to follow
investment selection procedures as prescribed;
b) Preparing, appraising
and approving prequalification documents, negotiation documents, bidding
documents or request for proposals in investor selection against regulations on
investor’s lawful status and incentives for investor selection;
c) Preparing contents of
prequalification documents, negotiation documents, bidding documents or request
for proposals against regulations of law on PPP;
d) Failure to specify or
sufficiently or correctly specify the address from which the prequalification
documents, negotiation documents, bidding documents or request for proposals is
issued in the invitation for prequalification applications or invitation to
bid;
dd) Modifying or
clarifying the bidding documents, negotiation documents or request for
proposals without giving a notification as prescribed;
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g) Failure to issue the
negotiation documents, bidding documents or requests for proposals to investors
according to the time and location written on the bid invitation letter.
h) Failure to adhere to the
time for bid opening and bid closing specified in the bidding documents,
invitation to bid or bid invitation letter.
2. A fine ranging from
VND 30,000,000 to VND 50,000,000 shall be imposed for any of the following
violations:
a) Appraising and approving
prequalification documents, negotiation documents, bidding documents or request
for proposals ultra vires;
b) Imposing conditions to
restrict participation of investors or give advantage to one or more investors,
thereby causing unfair competition;
c) Failure to evaluate
the prequalification applications, negotiation applications or bids of the
investor according to requirements of the pre-qualification documents,
negotiation documents or bidding documents;
d) Submitting,
appraising, approving and publishing a shortlist or investor selection result
that contains inadequate, inaccurate information or ultra vires;
dd) Failure to provide or
unlawfully providing PPP project contract performance security.
3. A fine ranging from
VND 50,000,000 to VND 70,000,000 shall be imposed for evaluating the investor’s
bid against the approved evaluation standard in the bidding documents without
changing the investor selection result.
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5. Remedial measures: The
violator is compelled to provide contract performance security as prescribed if
the violation specified in Point dd Clause 2 of this Article is committed.
Article
28. Violations against other regulations on selection of PPP project investors
1. A fine ranging from
VND 20,000,000 to VND 30,000,000 shall be imposed for any of the following
violations:
a) Failure to retain or
adequately retain documents during the investor selection process;
b) Failure to meet the
prescribed deadlines during the investment selection process.
2. A fine ranging from
VND 30,000,000 to VND 50,000,000 shall be imposed:
a) for failure to return
or release the deposit paid as bid security to the investor on schedule; or
b) for establishing an
expert group which consists of insufficient members according to the nature and
complexity of the project and unqualified members; or
c) upon any individual
participating in the bidding without a certificate of bidding training and
bidding practicing certificate in accordance with regulations of law on
bidding.
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1. A fine ranging from
VND 20,000,000 to VND 30,000,000 shall be imposed for drawing up a PPP project
contract which fails to contain all prescribed contents.
2. A fine ranging from
VND 30,000,000 to VND 50,000,000 shall be imposed for any of the following
violations:
a) Failure to establish a
PPP project enterprise in a form of a limited liability company or a joint
stock company that is not a public company with the sole purpose of signing and
implementing PPP project contracts;
b) Issuing corporate
bonds against regulations of law.
Article
30. Violations against regulations on investment incentives in PPP
1. A fine ranging from
VND 50,000,000 to VND 70,000,000 shall be imposed for providing untruthful,
inaccurate information to enjoy investment incentives.
In case of committing a
violation to enjoy investment incentives to taxes and other amounts payable to
state budget, fines therefor shall be imposed according to regulations on
penalties for administrative tax offences and relevant regulations of law.
2. Remedial measures: The
violator is compelled to return the illegal benefits obtained from enjoyment of
investment incentives against regulations if the violation specified in Clause
1 of this Article is committed.
Article
31. Violations against regulations on execution of PPP projects
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2. A fine ranging from VND
30,000,000 to VND 50,000,000 shall be imposed for any of the following
violations:
a) Transferring project
works without complying with the prescribed conditions and procedures;
b) Delaying settlement of
investment capital for construction of a work.
3. A fine ranging from
VND 50,000,000 to VND 100,000,000 shall be imposed for any of the following
violations:
a) Carrying out
construction before signing a contract;
b) Permitting fee
collection before confirming the completion of the work.
4. Remedial measures:
The violator is compelled
to:
a) promulgate regulations
on investor selection for uniform application if the violation specified in
Clause 1 of this Article is committed;
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c) return the illegal
benefits obtained from collecting fees before confirming the completion of the
work if the violation specified in Point b Clause 3 of this Article is
committed.
Chapter
III
ADMINISTRATIVE
VIOLATIONS AGAINST REGULATIONS ON BIDDING, PENALTIES, FINES AND REMEDIAL
MEASURES
Section
1. ADMINISTRATIVE VIOLATIONS AGAINST REGULATIONS ON BIDDING FOR BIDDER
SELECTION, PENALTIES, FINES AND REMEDIAL MEASURES
Article
32. Violations against regulations on bidder selection plans
1. A fine ranging from
VND 20,000,000 to VND 30,000,000 shall be imposed for any of the following
violations:
a) Failure to follow or
incorrectly following procedures for making, appraising and approving the
bidder selection plan or adjusted bidder selection plan in accordance with
regulations of law on bidding;
b) Making, appraising and
approving a bidder selection plan with insufficient contents or insufficient
grounds in accordance with regulations of law on bidding;
c) Failure to make,
appraise and approve a bidder selection plan for the entire project or cost
estimate in case of eligibility for making a bidder selection plan for such
entire project or cost estimate.
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3. A fine ranging from
VND 50,000,000 to VND 70,000,000 shall be imposed for any of the following
violations:
a) Organizing bidder
selection before the bidder selection plan is approved unless the direct
contracting applies to packages which need to be performed to immediately
overcome or promptly handle consequences caused by force majeure event;
packages which need to be performed immediately to avoid causing direct damage
to life, health and property of a residential community on a geographical area
or avoid seriously affecting adjacent works; procurements of drugs, chemicals,
supplies and medical equipment for purposes of disease prevention and control
in emergency cases;
b) Dividing a project or
cost estimate into different contract packages that fail to satisfy the
requirements concerning technical characteristics, procedures and uniformity of
the project reducing the competitiveness of bidding or in order to avoid
applying e-selection of preferred bidders.
Article
33. Violations against regulations on preparing, appraising and approving
requests for expression of interest (EOI requests), prequalification documents,
bidding documents and requests for proposals
1. A fine ranging from
VND 20,000,000 to VND 30,000,000 shall be imposed for any of the following
violations:
a) Issuing an EOI
request, prequalification documents, bidding documents or request for proposals
without preparation, appraisal and approval thereof as prescribed;
b) Failure to carry out
appraisal of the EOI request, prequalification documents, bidding documents or
request for proposals in accordance with regulations of law on bidding prior to
granting approval thereof.
2. A fine ranging from
VND 30,000,000 to VND 50,000,000 shall be imposed for any of the following
violations:
a) Appraising and approving
the EOI request, prequalification documents, bidding documents or request for
proposals ultra vires;
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c) Imposing standards for
evaluating the EOI request, prequalification documents, bidding documents or
request for proposals that are not appropriate for the size or technical
characteristics of the contract package.
d) Requesting a bidder to
submit a sale permit issued by the producer or a certificate of joint venture
relationship or any other documents equivalent to the sale permit with respect
to common and available-on-market goods which are standardized and under
warranty as recommended by the producer.
3. A fine ranging from
VND 50,000,000 to VND 70,000,000 shall be imposed:
a) in case contents of
the bidding documents or request for proposals are inappropriate to the
approved bidder selection plan; or
b) for issuing the
bidding documents or request for proposals without satisfying all conditions.
Article
34. Violations against regulations on investor selection and evaluation of EOI
requests, prequalification application, bids and proposals
1. A fine ranging from
VND 20,000,000 to VND 30,000,000 shall be imposed for any of the following
violations:
a) Failure to specify or
sufficiently or correctly specify the address from which the EOI request,
prequalification documents, bidding documents or request for proposals is
issued in the invitation for EOI, invitation for prequalification applications,
notice of proposed procurement, invitation to bid or bid invitation letter;
b) Modifying or
clarifying the bidding documents or request for proposals without sending a
modification decision enclosed with modifications to the bidders that have
bought or received the bidding documents or request for proposals in accordance
with regulations of law on bidding;
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d) Failure to receive an
EOI request, prequalification application, bid or proposal of the bidder or
receiving or managing it against regulations of law on bidding;
dd) Failure to issue the
EOI request, prequalification documents, bidding documents or requests for
proposals to bidders according to the time and location written on the
invitation for EOI, invitation to bid or notice of proposed procurement;
e) Failure to return or
release the deposit paid as bid security to the bidder on schedule.
2. A fine ranging from
VND 30,000,000 to VND 50,000,000 shall be imposed for any of the following
violations:
a) Failure to extend the
deadline for bid closing when the amendments to the EOI request,
prequalification documents, bidding documents or request for proposals fail to
be made on prescribed schedule;
b) Failure to adhere to
the time for bid opening and bid closing specified in the bidding documents or
invitation to bid;
c) Failure to send the
record of bid opening to the bidders;
d) Submitting,
appraising, approving and publishing the bidder selection result that contains
inadequate, inaccurate information or ultra vires.
3. A fine ranging from
VND 50,000,000 to VND 70,000,000 shall be imposed for any of the following
violations:
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b) Failure to carry out
appraisal of the bidder selection result before approving it;
c) Failure to clarify or
request additional documents proving lawful status and qualifications of the
bidder without changing the bidder evaluation result;
d) Evaluating the bid or
proposals of the bidder against the approved evaluation standards in the
bidding documents or request for proposals and regulations of law on bidding
without changing the bidder selection result.
4. A fine ranging from
VND 100,000,000 to VND 150,000,000 shall be imposed for any of the following
violations:
a) Evaluating the bid or
proposal of a bidder against the approved evaluation standards in the bidding
documents or request for proposals and regulations of law on bidding changing
the bidder selection result;
b) Failure to clarify or
request additional documents proving lawful status and qualifications of the
bidder changing the bidder evaluation result;
c) Permitting a bidder to
clarify or supplement the bid or proposal against regulations changing the
nature of the bid or proposal, thereby changing the bidder evaluation result.
Article
35. Violations against contract negotiation and notification of bidder and
contract selection results
1. A fine ranging from VND
20,000,000 to VND 30,000,000 shall be imposed for any of the following
violations:
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b) Failure to send a
notification of bidder selection result to all bidders;
c) Sending a notification
of bidder selection result that contains insufficient or incorrect contents in
accordance with regulations of law on bidding.
2. A fine ranging from
VND 30,000,000 to VND 50,000,000 shall be imposed for any of the following
violations:
a) Failure to request the
successful bidder to provide the performance security as prescribed or
providing performance security against regulations;
b) Failure to confiscate the
contract performance security of the bidder in the case where their bid
security or performance security is non-returnable.
3. A fine ranging from
VND 50,000,000 to VND 70,000,000 shall be imposed for any of the following
violations:
a) Signing a contract
before the bidder selection result is approved;
b) Performing the
contract package before a contract is signed;
4. Remedial measures: The
successful bidder is compelled to provide the performance security as prescribed
if the violation specified in Point a Clause 2 of this Article is committed.
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1. A fine ranging from
VND 15,000,000 to VND 20,000,000 shall be imposed for failure to comply with
regulations on deadline for providing and posting bidding information in
accordance with regulations of law on bidding.
2. A fine ranging from
VND 20,000,000 to VND 30,000,000 shall be imposed for any of the following
violations:
a) Failure to post or
adequately post contents of the bidding documents;
b) Posting bidding
documents inconsistent with the approved contents.
3. A fine ranging from
VND 30,000,000 to VND 50,000,000 shall be imposed for failure to provide or
post bidding information in accordance with regulations of law on bidding.
Article
37. Violations against regulations on prohibited acts of bidding
A fine ranging from VND
200,000,000 to VND 300,000,000 shall be imposed for any of the following
violations which do not constitute a criminal offence as prescribed in Article
222 of the Criminal Code:
1. Unlawfully interfering
in bidding activities.
2. Colluding with other
bidders in bidding.
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4. Obstructing bidding
activities.
5. Committing regulations
of law on assurance of fairness and transparency of bidding.
6. Holding bidder
selection before capital sources for contract packages are determined resulting
in inability to pay bidders.
7. Illegally transferring
the contract.
Article
38. Other violations against regulations on bidding
1. A fine ranging from
VND 20,000,000 to VND 30,000,000 shall be imposed for any of the following
violations:
a) Failure to retain or
adequately retain documents during the bidder selection process in accordance with
regulations of law on bidding;
b) Failure to meet the
prescribed deadlines during the bidder selection process in accordance with
regulations of law on bidding;
c) Failure to
periodically reporting the bidding in accordance with regulations of law on bidding;
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2. A fine ranging from
VND 30,000,000 to VND 50,000,000 shall be imposed:
a) upon any individual
that participates in the bidding without a certificate of bidding training and
bidding practicing certificate in accordance with regulations of law on
bidding; or
b) upon any individual
that joins the expert group or carry out appraisal of bidding contents without
a commitment in accordance with regulations of law on bidding; or
c) for failure to carry
out e-selection of preferred bidders for the procurements eligible for
e-selection of preferred bidders according to the prescribed roadmap.
3. A fine ranging from
VND 50,000,000 to VND 100,000,000 shall be imposed for any of the following
violations:
a) Failure to provide
basic bidding training according to the training contents and duration in
accordance with regulations of law on bidding;
b) Exploiting and using
bidding information and accompanying documents on the National Bidding Network
System in any way, shape or form and by any means without the permission of the
Ministry of Planning and Investment and the organization operating the National
Bidding Network System, except for information on the list of open databases as
prescribed.
Section
2. ADMINISTRATIVE VIOLATIONS AGAINST REGULATIONS ON BIDDING FOR SELECTION OF
INVESTORS EXECUTING INVESTMENT PROJECTS USING LAND (LAND USING PROJECTS),
PENALTIES, FINES AND REMEDIAL MEASURES
Article
39. Violations against compiling and approving lists of land-using projects
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Article
40. Violations against regulations on bidding documents and requests for
proposals
1. A fine ranging from
VND 20,000,000 to VND 30,000,000 shall be imposed for any of the following
violations:
a) Issuing the bidding
documents or request for proposals without satisfying all prescribed
conditions;
b) Failure to prepare,
appraise and approve the bidding documents or request for proposals before
organizing investor selection;
c) Appraising and
approving the bidding documents or request for proposals ultra vires;
d) Preparing, appraising
and approving the bidding documents or request for proposals against
regulations on investor’s lawful status, incentives for investor selection and
standards for document/request evaluation;
dd) Approving the bidding
documents or request for proposals which is inappropriate for the approved
contractor selection plan.
2. A fine ranging from
VND 30,000,000 to VND 50,000,000 shall be imposed for imposing conditions to
restrict participation of investors or give advantage to one or more investors,
thereby causing unfair competition.
Article
41. Violations against regulations on investor selection and evaluation of bids
and proposals
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a) Failure to specify or
sufficiently or correctly specify the address from which the bid or proposal is
issued in the invitation to bid or bid invitation letter;
b) Modifying or
clarifying the bid or proposal without giving a notification as prescribed;
c) Failure to receive or
unlawfully receiving or managing bids or proposals of investors;
d) Failure to issue bids
or proposals to investors according to the time and location written on the
invitation to bid;
dd) Failure to evaluate
bids or proposals of investors as prescribed;
e) Failure to notify the
contractor selection result.
2. A fine ranging from VND
30,000,000 to VND 50,000,000 shall be imposed for any of the following
violations:
a) Failure to adhere to
the time for bid opening and bid closing specified in the bidding documents or
invitation to bid;
b) Failure to send the
record of bid opening to all investors participating in bidding;
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d) Submitting, appraising
and approving the investor selection result inconsistent with the approved
investor selection plan.
3. A fine ranging from
VND 50,000,000 to VND 70,000,000 shall be imposed for any of the following
violations:
a) Evaluating the bid or
proposal of an investor against the approved evaluation standards in the
bidding documents or request for proposals and regulations of law on bidding
without changing the investor selection result;
b) Permitting an investor
to clarify contents on their lawful status and qualifications without changing
the nature of the lawful status and qualifications of the investor
participating in bidding;
c) Failure to carry out
appraisal of the investor selection result before it is approved;
d) Failure to appraise
the shortlist or list of investors that satisfy technical requirements.
4. A fine ranging from
VND 70,000,000 to VND 100,000,000 shall be imposed for any of the following
violations:
a) Selecting investors
without satisfying prescribed conditions;
b) Appointing an investor
to execute a land-using project without satisfying prescribed conditions.
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a) Evaluating a bid or
proposal of an investor against the approved evaluation standards in the
bidding documents or request for proposals changing the investor selection
result;
b) Permitting an investor
to clarify contents on their lawful status and qualifications changing the
nature of the lawful status and qualifications of the investor participating in
bidding.
Article
42. Violations against regulations on investor selection contractors
1. A fine ranging from
VND 20,000,000 to VND 30,000,000 shall be imposed for any of the following
violations:
a) Failure to conduct a
preliminary contract negotiation in investor selection;
b) Signing a contract
with contents which are inappropriate for the investor selection plan.
2. A fine ranging from
VND 50,000,000 to VND 70,000,000 shall be imposed for any of the following
violations:
a) Signing a contract
before the investor selection result is approved;
b) Carrying out
construction before signing a contract.
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ADMINISTRATIVE
VIOLATIONS AGAINST REGULATIONS ON ENTERPRISE REGISTRATION, PENALTIES, FINES AND
REMEDIAL MEASURES
Article
43. Violations against regulations on preparing applications for enterprise
registration
A fine ranging from VND
20,000,000 to VND 30,000,000 shall be imposed for providing untruthful,
inaccurate information in an application for enterprise registration or
application for changes to enterprise registration information to obtain the
enterprise registration certificate or certificate of changes to enterprise
registration information.
Article
44. Violations against regulations on deadline for registering changes in
enterprise registration certificates
1. A warning shall be
imposed for violations against regulations on deadline for registering changes
in the enterprise registration certificate and changes in branch/representative
office/business location registration information 01 - 10 days behind schedule.
2. A fine ranging from
VND 3,000,000 to VND 5,000,000 shall be imposed for violations against
regulations on deadline for registering changes in the enterprise registration
certificate and changes in branch/representative office/business location
registration information 11 - 30 days behind schedule.
3. A fine ranging from
VND 5,000,000 to VND 10,000,000 shall be imposed for violations against
regulations on deadline for registering changes in the enterprise registration
certificate and changes in branch/representative office/business location
registration information 31 - 90 days behind schedule.
4. A fine ranging from
VND 10,000,000 to VND 20,000,000 shall be imposed for violations against
regulations on deadline for registering changes in the enterprise registration
certificate and changes in branch/representative office/business location
registration information 91 days or longer behind schedule.
5. A fine ranging from
VND 20,000,000 to VND 30,000,000 shall be imposed for failure to register
changes in the enterprise registration certificate and changes in
branch/representative office/business location registration information.
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The violator is compelled
to:
a) register changes in
the enterprise registration certificate and changes in branch/representative
office/business location registration information if any of the violations
specified in Clauses 1 to 4 of this Article is committed in cases where the
changes are yet to be registered as prescribed;
b) register changes in
the enterprise registration certificate and changes in branch/representative
office/business location registration information if the violation in Clause 5
of this Article is committed.
Article
45. Violations against regulations on publishing enterprise registration
information
1. A fine ranging from
VND 10,000,000 to VND 15,000,000 shall be imposed for any of the following
violations:
a) Failure to publish
enterprise registration information on the National Business Registration
Portal;
b) Publishing enterprise
registration information on the National Business Registration Portal behind
schedule.
2. Remedial measures: The
violator is compelled to publish the enterprise registration information on the
National Business Registration Portal behind schedule if the violation
specified in Point a Clause 1 of this Article is committed.
Article
46. Violations against regulations on enterprise establishment
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2. A fine ranging from
VND 20,000,000 to VND 30,000,000 shall be imposed for:
a) failure to contribute
capital for enterprise establishment or register capital contribution or purchase
of shares/stakes of another business organization in the correct form
prescribed by law; or
b) upon any entity that
does not have the right to contribute capital or purchase shares/stakes but
still does so.
3. A fine ranging from
VND 30,000,000 to VND 50,000,000 shall be imposed for any of the following
violations:
a) Failure to follow
procedures for changing capital or changing members or founding shareholders as
prescribed at the business registration authority upon expiry of the time limit
for capital contribution and time limit for capital change because members or
founding shareholders fail to fully contribute capital but there is not any
member or founding shareholder that undertakes to contribute capital;
b) Deliberate
contribution of assets with false value.
4. A fine ranging from
VND 50,000,000 to VND 100,000,000 shall be imposed for any of the following
violations:
a) Doing business as an
enterprise without applying for enterprise registration;
b) Carrying on business
operation after the enterprise registration certificate has been revoked or
while the enterprise is requested by a competent authority to suspend or
terminate its business operation.
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5. Remedial measures:
The violator is compelled
to:
a) change members
contributing capital or purchasing shares/stakes if the violation specified in
Point b Clause 2 of this Article is committed;
b) follow procedures for
changing capital or members or founding shareholders if the violation specified
in Point a Clause 3 of this Article is committed;
c) apply for enterprise
registration if the violation specified in Point a Clause 4 of this Article is
committed.
Article
47. Violations against regulations on declaration of charter capital
1. A fine ranging from
VND 20,000,000 to VND 30,000,000 shall be imposed if the falsely declared
charter capital is less than VND 10 billion.
2. A fine ranging from VND
30,000,000 to VND 40,000,000 shall be imposed if the falsely declared charter
capital is from VND 10 billion to less than VND 20 billion.
3. A fine ranging from
VND 40,000,000 to VND 60,000,000 shall be imposed if the falsely declared
charter capital is from VND 20 billion to less than VND 50 billion.
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5. A fine ranging from
VND 80,000,000 to VND 100,000,000 shall be imposed if the falsely declared
charter capital is VND 100 billion or more.
6. Remedial measures: The
violator is compelled to declare the actual charter capital, which equals the
actually contributed capital if any of the violations specified in Clauses 1
through 5 of this Article is committed.
Article
48. Violations against regulations on reporting and complying with requests of
business registration authorities
1. A fine ranging from
VND 10,000,000 to VND 15,000,000 shall be imposed for any of the following
violations:
a) Failure to submit a
report or submit a report on time at the request of a business registration
authority;
b) Failure to submit an
adequate, accurate report at the request of a business registration authority.
2. A fine ranging from
VND 15,000,000 to VND 20,000,000 shall be imposed for any of the following
violations:
a) Carrying on a
conditional business line after a suspension has been requested by the business
registration authority;
b) Failure to change the enterprise’s
name at the quest of the business registration authority where the enterprise’s
name infringes upon industrial property right.
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The violator is compelled
to:
a) submit a report to the
business registration authority if the violation specified in Point a Clause 1
of this Article is committed;
b) provide adequate,
accurate information in the report submitted to the business registration
authority if the violation specified in Point b Clause 1 of this Article is
committed;
c) change the
enterprise’s name or remove the infringing element in the name if the violation
specified in Point b Clause 2 of this Article is committed.
Article
49. Violations against regulations on notifying changes in enterprise
registration information
1. A warning shall be
imposed for notifying changes in the enterprise registration information 01 -
10 days behind schedule.
2. A fine ranging from
VND 3,000,000 to VND 5,000,000 shall be imposed for notifying changes in the
enterprise registration information 11 - 30 days behind schedule.
3. A fine ranging from
VND 5,000,000 to VND 10.000.000 shall be imposed for notifying changes in the
enterprise registration information 31 - 90 days behind schedule.
4. A fine ranging from
VND 10,000,000 to VND 20,000,000 shall be imposed for notifying changes in the
enterprise registration information 91 days or longer behind schedule.
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6. Remedial measures:
The violator is compelled
to:
a) send a notification to
the enterprise registration certificate if any of the violations specified in
Clauses 1 to 4 of this Article is committed in cases where the changes are yet to
be notified as prescribed;
b) send a notification to
the enterprise registration if the violation specified in Clause 5 of this
Article is committed.
Article
50. Other notification-related violations
1. A fine ranging from
VND 10,000,000 to VND 15,000,000 shall be imposed for any of the following
violations:
a) Failure to notify or
notify on time the business registration authority or tax authority of the
lease of a sole proprietorship.
In the case of a tax
offence, fines therefor shall be imposed according to regulations on penalties
for administrative tax offences;
b) Failure to notify or
notify on time the business registration authority of the area where the
enterprise’s head office is located when there is a change to information about
the authorized representative of the owner or member that is an organization of
a limited liability company;
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2. Remedial measures:
The violator is compelled
to:
a) notify the lease of
the sole proprietorship to the business registration authority or tax authority
in case of failure to give a notification if the violation specified in Point a
Clause 1 of this Article is committed;
b) notify changes to
information about the authorized representative of the owner or member that is
an organization of a limited liability company to the business registration
authority in case of failure to give a notification if the violation in Point b
Clause 1 of this Article is committed;
c) notify the time and
duration of business suspension or time of resumption to the business
registration authority in case of failure to give a notification if the
violation in Point c Clause 1 of this Article is committed.
Article
51. Violations against regulations on legal representatives and authorized
representatives of enterprises
1. A fine ranging from
VND 20,000,000 to VND 30,000,000 shall be imposed for any of the following
violations:
a) Failure to have a
legal representative residing in Vietnam;
b) Failure to authorize a
person in writing to act as a representative or granting authorization with a
written authorization which is expired but is not extended when the only legal
representative of the enterprise leaves Vietnam;
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d) Exceeding the maximum
limit on authorized persons prescribed by law.
2. Remedial measures:
The violator is compelled
to:
a) appoint a person who
is residing in Vietnam as the enterprise’s representative if the violation
specified in Point a Clause 1 of this Article is committed;
b) authorizing another
person as the representative if the violation specified in Point b Clause 1 of
this Article is committed;
c) appoint a qualified
person as the representative if the violation specified in Point c Clause 1 of
this Article is committed.
Article
52. Violations against other regulations on organization and management of
enterprises
1. A fine ranging from
VND 20,000,000 to VND 30,000,000 shall be imposed for any of the following
violations:
a) Appointing a person
who does not have the right to enterprise management to hold a managerial
position;
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2. A fine ranging from
VND 30,000,000 to VND 50,000,000 shall be imposed for any of the following
violations:
a) Failure to issue the
certificate of capital contribution to a company’s member;
b) Failure to make a
member register or register of share-issuing shareholders;
c) Failure to put up the
enterprise’s name at its head office, failure to put up the name of branch,
representative office or business location at its location;
d) Failure to retain
documents at the head office or another location specified in the company’s
charter.
3. Remedial measures:
The violator is compelled
to:
a) dismiss the
unqualified enterprise manager if the violation specified in Point a Clause 1
of this Article is committed;
b) dismiss the
unqualified Director (General Director) if the violation specified in Point b
Clause 1 of this Article is committed;
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d) make a
member/shareholder register as prescribed if the violation specified in Point b
Clause 2 of this Article is committed;
dd) put up the
enterprise’s name at its head office or put up the name of the branch,
representative office or business location if the violation specified in Point
c Clause 2 of this Article is committed.
Article
53. Violations against regulations related to the Control Board
1. A fine ranging from
VND 20,000,000 to VND 30,000,000 shall be imposed for failure to correctly
organize a Control Board or organize a Control Board with satisfactory
composition.
2. A fine ranging from
VND 30,000,000 to VND 50,000,000 shall be imposed for any of the following
violations:
a) Failure to establish a
the Control Board where the establishment of a Control Board is compulsory;
b) Appoint an unqualified
person as a head of the Control Board or Controller.
3. Remedial measures:
The violator is compelled
to:
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b) establish a the
Control Board in accordance with regulations of law if the violation specified
in Point a Clause 2 of this Article is committed;
c) dismiss the
unqualified head of the Control Board or unqualified Controller if the violation
specified in Point b Clause 2 of this Article is committed.
Article
54. Violations against regulations on establishment and shutdown of branches,
representative offices and business locations of enterprises
1. A fine ranging from
VND 20,000,000 to VND 30,000,000 shall be imposed for any of the following
violations:
a) Doing business at a
location that is not notified to the business registration authority of the
area where the enterprise (if the business location is affiliated to the
enterprise) or branch (if the business location is affiliated to the
enterprise) where the business takes place.
In the case of a tax
offence, fines therefor shall be imposed according to regulations on penalties
for administrative tax offences;
b) Shutting down a branch,
representative office or business location without notifying the business
registration authority;
c) Relocating the branch
or representative office to another province or central-affiliated city without
notifying the business registration authority of the area to which the branch
or representative office is relocated.
2. Remedial measures: The
violator is compelled to notify the business registration authority if the
violation specified in Clause 1 of this Article is committed.
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1. A fine ranging from
VND 30,000,000 to VND 50,000,000 shall be imposed:
a) for failure to have
least 02 partners that are joint owners of the company; or
b) in case a general
partner is also the owner of a sole proprietorship or a general partner of
another partnership (unless it is accepted by the other general partners); or
c) in case a new general
partner or limited partner fails to fully contribute capital as promised within
15 days from the date on which the admission is approved unless a different
time limit is decided by the Board of Partners.
2. Remedial measures: The
violator is compelled to have sufficient partners if the violation specified in
Point a Clause 1 of this Article is committed.
Article
56. Violations against regulations on sole proprietorships
1. A fine ranging from
VND 20,000,000 to VND 30,000,000 shall be imposed for any of the following
violations:
a) Contributing capital
upon establishment or purchase shares or stakes of a partnership, limited
liability company or joint stock company;
b) Failure to fully
record the increase or decrease in capital; all the capital, including loans
and leased assets serving the operation of the sole proprietorship in its
accounting books;
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d) Establishing multiple
sole proprietorships or concurrently owning a household business or hold the
position of general partner of a partnership;
dd) Buying the sole
proprietorship without registering the change of the sole proprietorship’s
owner.
2. Remedial measures: The
violator is compelled to register the change of the sole proprietorship’s owner
if the violation specified in Point dd Clause 1 of this Article is committed.
Article
57. Violations against regulations on full division, partial division,
consolidation and acquisition of enterprises
1. A fine ranging from
VND 20,000,000 to VND 30,000,000 shall be imposed for any of the following
violations:
a) Failure to send or
punctually send the full division resolution/decision to all creditors and a
notification of the full division to all employees;
b) The divided
enterprise’s failure to register the change in charter capital, quantity of
members/shareholders in proportion to the decrease (if any) in the
stakes/shares and quantity of members/shareholders or failure to apply for
registration of the new enterprises;
c) Failure to send or
punctually send the partial division resolution/decision to all creditors and a
notification of the partial division to all employees;
d) Failure to send or
punctually send the consolidation contract to all creditors and a notification
of the consolidation to all employees
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
e) Failure to send or
punctually send a written notification to the business registration authority
of the area where the acquired enterprise’s head office is located to cease the
existence of the acquired enterprise from the completion of the acquisition.
2. Remedial measures:
a) The violator is
compelled to send the full division resolution or decision to all creditors and
a notification of the full division to all employees in case of failure to send
the resolution or decision and notification if the violation specified in Point
a Clause 1 of this Article is committed;
b) The divided enterprise
is compelled to register the change in charter capital, quantity of
members/shareholders in proportion to the decrease (if any) in the
stakes/shares and quantity of members/shareholders or failure to apply for
registration of the new enterprises if the violation specified in Point b
Clause 1 of this Article is committed;
c) The violator is
compelled to send the partial division resolution or decision to the creditors
and a notification of the partial division to all employees in case of failure
to send the resolution or decision and notification if the violation specified
in Point c Clause 1 of this Article is committed;
d) The violator is
compelled to send the consolidation contract to the creditors and a
notification of the consolidation employees in case of failure to send the
consolidation contract and notification if the violation specified in Point d
Clause 1 of this Article is committed;
dd) The violator is
compelled to send the acquisition contract to the creditors and employees in
case of failure to send the acquisition contract and notification if the violation
specified in Point dd Clause 1 of this Article is committed;
e) The violator is
compelled to send a written notification of shutdown to the business
registration authority of the area where the acquired enterprise’s head office
is located in case of failure to send the notification if the violation
specified in Point e Clause 1 of this Article is committed.
Article
58. Violations against regulations on enterprise dissolution
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
a) Failure to initiate
dissolution procedures when the operating period specified in the company's
charter expires without an extension decision;
b) Failure to initiate dissolution
procedures when the company fails to maintain the prescribed adequate number of
members for 06 consecutive months without converting into another type of
business;
c) Failure to initiate
procedures for shutting down a branch, representative office or business
location before submitting the application for enterprise dissolution.
2. Remedial measures:
The violator is compelled
to:
a) initiate enterprise
dissolution procedures if any of the violations specified in Points a and b
Clause 1 of this Article is committed;
b) initiate procedures
for shutdown of the branch, representative office or business location if the
violation specified in Point c Clause 1 of this Article is committed.
Article
59. Violations against regulations on parent company-subsidiary company
relationships
A fine ranging from VND
50,000,000 to VND 70,000,000 shall be imposed for any of the following
violations:
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2. Contributing capital
to or buying shares of each other to establish cross-ownership.
3. Contributing capital
to or buying shares of other enterprises or establishing a new enterprise (for
the subsidiary companies of the same parent company with at least 65% state
capital).
Article
60. Violations against regulations on social enterprises
1. A fine ranging from
VND 20,000,000 to VND 30,000,000 shall be imposed for any of the following
violations:
a) Failure to use at
least 51% of the annual post-tax profit for re-investment to achieved
registered targets;
b) Failure to use raised
donations for their intended purposes;
c) Failure to send or
punctually send a commitment or notification to the business registration
authority of the area where the enterprise’s head office is located when making
changes to or terminating the commitment to fulfill social/environment
objectives;
d) Failure to adhere to
the objectives and fulfill the conditions as specified throughout the course of
operation;
2. Remedial measures:
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
a) provide sufficient capital
for re-investment in achievement of the registered objectives if the violation
specified in Point a Clause 1 of this Article is committed;
b) return the donations
not used for their intended purposes if the violation specified in Point b
Clause 1 of this Article;
c) send the commitment or
notification to the business registration authority as prescribed in case of
failure to send the commitment or notification if the violation specified in
Point c Clause 1 of this Article is committed;
d) fulfill the operating
objectives and conditions as specified throughout the course of operation if
the violation specified in Point d Clause 1 of this Article is committed.
Article
61. Violations against regulations on information disclosure by state-owned
enterprises
1. A fine ranging from
VND 30,000,000 to VND 50,000,000 shall be imposed for any of the following
violations:
a) Failure to comply with
or sufficiently or punctually comply with regulations on information disclosure
as prescribed;
b) Failure to notify the
state ownership representative agency of the fact that there is more than 01
legal representative or failure to disclose information thereon on the web
portal or website of the enterprise;
c) Authorizing a person
to disclose information without notifying the state ownership representative
agency and the Ministry of Planning and Investment;
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
2. A fine ranging from
VND 50,000,000 to VND 70,000,000 shall be imposed for any of the following
violations:
a) Failure to build an
enterprise’s website as prescribed;
b) Failure to establish
regulations on information disclosure as prescribed;
c) Failure to disclose
periodic and ad-hoc information on the enterprise’s website, web portal or
website of the state ownership representative agency and enterprise information
portal as prescribed.
3. Remedial measures:
The violator is compelled
to:
a) disclose information
in case of failure to disclose information or revise the disclosed information
if the violation specified in Point a Clause 1 of this Article is committed;
b) report or notify
information as prescribed if any of the violations specified in Points b, c and
d Clause 1 of this Article is committed;
c) establish an
enterprise’s website as prescribed if the violation specified in Point a Clause
2 of this Article is committed;
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
dd) disclose information
on the enterprise’s website, web portal or website of the state ownership
representative agency and enterprise information portal if the violation
specified in Point c Clause 3 of this Article is committed.
Article
62. Violations against regulations on household business registration
1. A fine ranging from
VND 5,000,000 to VND 10,000,000 shall be imposed:
a) upon any individual or
member of a household registering more than one household business; or
b) for establishing a
household business despite not having the right to establish household
businesses; or
c) for failure to apply
for household business registration where the registration is compulsory as
prescribed; or
d) for failure to apply
for registration of changes to the certificate of household business
registration with the district-level business registration authority within 10
days from the occurrence of such changes..
2. A fine ranging from
VND 10,000,000 to VND 20,000,000 shall be imposed for any of the following
violations:
a) Providing untruthful,
inaccurate information in an application for household business registration or
application for changes to household business registration information.
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
b) Carrying on a
conditional business line after a suspension has been requested by the
district-level business registration authority;
3. Remedial measures:
The violator is compelled
to:
a) apply for household
business registration as prescribed if the violation specified in Point c
Clause 1 of this Article is committed;
b) apply for registration
of changes to the certificate of household business registration in case of
failure to apply for registration if the violation in Point d Clause 1 of this
Article is committed.
Article
63. Violations against regulations on information provision and reporting by
household businesses
1. A fine ranging from
VND 5,000,000 to VND 10,000,000 shall be imposed for any of the following
violations:
a) Failure to submit a
business report at the request of the district-level business registration authority;
b) Changing the household
business’s owner without submitting an application for changes to household
business to the district-level business registration authority where the
household business is registered;
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
d) Changing business
location without notifying the district-level business registration authority;
dd) Shutting down a
household business without sending a notification or without returning the
original certificate of household business registration to the district-level
business registration authority;
e) Changing a business line
without sending a notification the business registration authority of the
district where the household business’s head office is located;
g) Carrying out business
operations at multiple locations without notifying the business registration
authority of the district where the household business is headquartered, tax
authority or market surveillance authority.
In the case of a tax
offence, fines therefor shall be imposed according to regulations on penalties
for administrative tax offences.
2. Remedial measures:
The violator is compelled
to:
a) submit a business
report at the request of the district-level business registration authority as
requested if the violation specified in Point a Clause 1 of this Article is
committed;
b) notify the
district-level business registration authority to the enterprise registration
if any of the violations specified in Points b, c, d, dd, e and g Clause 1 of
this Article is committed.
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
1. A fine ranging from
VND 10,000,000 to VND 20,000,000 shall be imposed for any of the following
violations:
a) Failure to register
with the competent authority issuing the registration certificate in cases
where a cooperative or cooperative union changes any of the following pieces of
information: name, head office address, production and business lines, charter
capital, legal representative; name, address, representative of a branch or
representative office;
b) Failure to punctually
register with the competent authority issuing the registration certificate in
cases where a cooperative or cooperative union changes any of the following
pieces of information: name, head office address, production and business
lines, charter capital, legal representative; name, address, representative of
a branch or representative office.
2. A fine ranging from
VND 20,000,000 to VND 30,000,000 shall be imposed for providing untruthful,
inaccurate information in an application for the cooperative/cooperative union
registration certificate or certificate of changes to cooperative/cooperative
union registration information.
3. Remedial measures: The
violator is compelled to register changes to the cooperative/cooperative union
registration certificate if the violation specified in Point a Clause 1 of this
Article is committed.
Article
65. Violations against regulations on operation of cooperatives and cooperative
unions
1. A fine ranging from
VND 10,000,000 to VND 20,000,000 shall be imposed for any of the following
violations:
a) Failure to organize an
Annual General Meeting of Members of a cooperative or cooperative union within
03 months from the end of the fiscal year;
b) Failure to make a
member register after the cooperative/cooperative union registration
certificate is issued or making a member register that fails to contain all
prescribed contents;
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
d) Failure to archive
documents of a cooperative or cooperative union as prescribed.
2. A fine ranging from
VND 30,000,000 to VND 50,000,000 shall be imposed for any of the following
violations:
a) Operating in the name
of a cooperative or cooperative union without a cooperative or cooperative
union registration certificate;
b) Engaging in a business
line that is not written on the cooperative or cooperative union registration
certificate;
c) Carrying on the
business operation during the suspension period.
In the case of a tax
offence, fines therefor shall be imposed according to regulations on penalties
for administrative tax offences;
d) Engaging in a conditional
business line without fulfillment of conditions prescribed by law;
dd) Carrying on the
business operation even after the revocation of the cooperative/cooperative
union registration certificate.
3. Remedial measures:
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
a) make a member register
as prescribed or complete the member register if the violation specified in
Point b Clause 1 of this Article is committed;
b) provide information or
provide sufficient, timely, accurate information about production and business
activities, finance, income distribution and other contents as prescribed if
the violation specified in Point c Clause 1 of this Article is committed;
c) archive documents of
the cooperative or cooperative union as prescribed if the violation specified in
Point d Clause 1 of this Article is committed;
d) apply for cooperative
or cooperative union registration if the violation specified in Point a Clause
2 of this Article is committed.
Article
66. Violations against regulations on information provision and reporting by
cooperatives and cooperative unions
1. A fine ranging from
VND 10,000,000 to VND 15,000,000 shall be imposed for any of the following
violations:
a) Failure to comply with
regulations on reporting the operation as prescribed;
b) Failure to send a
notification to the competent authority issuing the registration certificate
within 15 working days from the date on which the cooperative or cooperative
union changes charter capital, quantity of members, member cooperatives,
members of the Board of Directors, Control Board or controllers, business
location.
2. Remedial measures:
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
a) report the
cooperative’s or cooperative union’s operation if the violation specified in
Point a Clause 1 of this Article is committed;
b) send a notification to
the competent authority if the violation specified in Point b Clause 1 of this
Article is committed.
Article
67. Violations against regulations on contribution of capital to cooperatives
and cooperative unions
1. A fine ranging from
VND 10,000,000 to VND 20,000,000 shall be imposed for any of the following
violations:
a) Failure to adequately
raise capital as registered in accordance with regulations of the charter or
fully contributing capital 06 months late from the date on which the cooperative
or cooperative union is issued with the registration certificate;
b) Failure to maintain
the legal capital where the cooperative engages in a business line that
requires legal capital;
c) Failure to issue a
certificate of capital contribution to a member of the cooperative or member
cooperative;
d) Using sources of
capital that are undistributable assets of the cooperative or cooperative union
to contribute capital, buy shares or establish an enterprise;
dd) Contributing capital,
buying shares or establishing an enterprise using more than 50% of the charter
capital of the cooperative or cooperative union according to the latest
financial statement before the time of capital contribution, share purchase or
enterprise establishment;
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
2. A fine ranging from VND
20,000,000 to VND 30,000,000 shall be imposed for any of the following
violations:
a) Contributing capital,
buying shares or establishing an enterprise without decision or approval by the
General Meeting of Members;
b) Permitting a member to
contribute more than 20% capital of the cooperative or a member cooperative to
contribute more than 30% capital of the cooperative union.
3. A fine ranging from
VND 30,000,000 to VND 50,000,000 shall be imposed for committing fraud in the
valuation of assets contributed as capital.
In the case of a tax
offence, fines therefor shall be imposed according to regulations on penalties
for administrative tax offences.
4. Remedial measures:
The violator is compelled
to:
a) supplement the capital
as registered in case of failure to adequately raise capital if the violation
specified in Point a Clause 1 of this Article is committed;
b) issue a certificate of
capital contribution to the member of the cooperative or member cooperative if
the violation specified in Point c Clause 1 of this Article is committed;
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d) adjust the total
investment in the form of capital contribution, share purchase or enterprise
establishment if the violation specified in Point dd Clause 1 of this Article
is committed;
dd) notify the authority
issuing the cooperative/cooperative union registration certificate in case of
failure to give a notification if the violation specified in Point e Clause 1
of this Article is committed;
e) adjust the capital
contribution ratio if the violation specified in Point b Clause 2 of this
Article is committed.
Article
68. Violations against regulations on full division, partial division and
acquisition of cooperatives and cooperative unions
1. A fine ranging from
VND 10,000,000 to VND 20,000,000 shall be imposed for any of the following
violations:
a) failure to notify creditors,
organizations and individuals that have economic relations with the cooperative
or cooperative union in writing of the decision on full division or partial
division and settle relevant issues before initiating the procedures for
establishment of a new cooperative or cooperative union.
b) failure to notify
creditors, organizations and individuals that have economic relations with the
cooperative or cooperative union in writing of the consolidation decision and
consolidation plan;
c) failure to notify
creditors, organizations and individuals that have economic relations with the
cooperative or cooperative union in writing of the acquisition decision and
acquisition plan.
2. Remedial measures: The
violator is compelled to send a written notification to the creditors,
organizations and individuals that have economic relations with the cooperative
or cooperative union if the violation specified in Clause 1 of this Article is
committed.
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1. A fine ranging from
VND 10,000,000 to VND 20,000,000 shall be imposed for any of the following
violations:
a) a branch’s business
line which is inappropriate to that of the cooperative or cooperative union;
b) branch, representative
office and business location’s failure to bear the name of the cooperative or
cooperative union.
2. A fine ranging from
VND 20,000,000 to VND 30,000,000 shall be imposed for failure to truthfully,
accurately register changes to the branch, representative and business location
registration information.
3. Remedial measures: The
branch or representative office is compelled to bear the name of the
cooperative or cooperative union if the violation specified in Point b Clause 1
of this Article is committed.
Chapter
V
ADMINISTRATIVE
VIOLATIONS AGAINST REGULATIONS ON PLANNING, PENALTIES, FINES AND REMEDIAL
MEASURES
Article
70. Violations against regulations on reporting and providing information about
planning
1. A fine ranging from
VND 30,000,000 to VND 50,000,000 shall be imposed for any of the following
violations:
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b) Providing information
about planning against regulations;
c) Failure to update
information and database of planning documentation to the online national
planning information system and database within 10 days from the date on which
the planning is approved.
2. A fine ranging from VND
50,000,000 to VND 70,000,000 shall be imposed for any of the following
violations:
a) Failure to report or
insufficiently, inaccurately reporting the implementation of the planning;
b) Failure to provide
information about planning as prescribed;
c) Failure to archive or
fully archive planning documentation as prescribed.
3. A fine ranging from
VND 100,000,000 to VND 150,000,000 shall be imposed for any of the following
violations:
a) Deliberate provision
of false information about planning;
b) Destroying, forging or
falsifying documents relating to planning;
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
4. Remedial measures:
The violator is compelled
to:
a) update information and
database of planning documentation to the online national planning information
system and database in case of failure to update information and database if
the violation specified in Point c Clause 1 of this Article is committed;
b) provide information if
the violation specified in Point b Clause 2 of this Article is committed;
c) archive or fully
archive planning documentation if the violation specified in Point c Clause 2
of this Article is committed;
d) correct information about
planning if the violation specified in Point a Clause 3 of this Article is
committed.
Article
71. Violations against formulation and adjustment of planning
1. A fine ranging from
VND 30,000,000 to VND 50,000,000 shall be imposed for failure to adjust
planning according to the prescribed procedures.
2. A fine ranging from
VND 50,000,000 to VND 100,000,000 shall be imposed for failure to meet the
prescribed deadline for formulating planning.
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Article
72. Violations against regulations on planning implementation
1. A fine ranging from
VND 50,000,000 to VND 70,000,000 shall be imposed for formulating a plan to
implement planning inconsistent with contents of the planning.
2. A fine ranging from
VND 70,000,000 to VND 100,000,000 shall be imposed for failure to implement or
correctly implement the decided or approved planning.
3. Remedial measures: The
violator is compelled to formulate an implementation plan according to contents
of the planning if the violation specified in Point dd Clause 1 of this Article
is committed.
Chapter
VI
POWER TO
IMPOSE PENALTIES FOR ADMINISTRATIVE VIOLATIONS
Article
73. The power to impose penalties of inspectors of planning and investment
authorities
1. Inspectors and persons
assigned to carry out specialized inspections in the performance of their duty
are entitled to:
a) issue warnings;
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2. Chief Inspectors of the
Provincial Departments of Planning and Investment and chiefs of provincial
departments are entitled to:
a) issue warnings;
b) impose a maximum fine
of VND 50,000,000 for violations against regulations on enterprise
registration; impose a maximum fine of VND 100,000,000 for violations against
regulations on bidding, investment and planning;
c) enforce the remedial
measures mentioned in this Decree.
3. Chiefs of
inspectorates of the Ministry of Planning and Investment are entitled to:
a) issue warnings;
b) impose a maximum fine
of VND 70,000,000 for violations against regulations on enterprise
registration; impose a maximum fine of VND 200,000,000 for violations against
regulations on bidding and investment; impose a maximum fine of VND 350,000,000
for violations against regulations on planning;
c) enforce the remedial
measures mentioned in this Decree.
4. Chief Inspector of the
Ministry of Planning and Investment is entitled to:
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b) impose a maximum fine
of VND 100,000,000 for violations against regulations on enterprise
registration; impose a maximum fine of VND 300,000,000 for violations against
regulations on bidding and investment; impose a maximum fine of VND 500,000,000
for violations against regulations on planning;
c) enforce the remedial
measures mentioned in this Decree.
Article
74. The power to impose penalties of People’s Committees at all levels
1. Chairmen/Chairwomen of
communal People’s Committees are entitled to:
a) issue warnings;
b) impose a maximum fine
of VND 10,000,000.
2. Chairmen/Chairwomen of
district-level People’s Committees are entitled to:
a) issue warnings;
b) impose a maximum fine
of VND 50,000,000 for violations against regulations on enterprise
registration; impose a maximum fine of VND 150,000,000 for violations against
regulations on bidding and investment; impose a maximum fine of VND 200,000,000
for violations against regulations on planning;
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3. Chairmen/Chairwomen of
provincial People’s Committees are entitled to:
a) issue warnings;
b) impose a maximum fine
of VND 100,000,000 for violations against regulations on enterprise
registration; impose a maximum fine of VND 300,000,000 for violations against
regulations on bidding and investment; impose a maximum fine of VND 500,000,000
for violations against regulations on planning;
c) enforce the remedial
measures mentioned in this Decree.
Article
75. The power to impose penalties of tax authorities
1. Tax officials in the
performance of their duty are entitled to:
a) issue warnings;
b) impose a maximum fine
of VND 1,000,000.
2. Tax team leaders are
entitled to:
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b) impose a maximum fine
of VND 5,000,000.
3. Directors of
Sub-departments of taxation are entitled to:
a) issue warnings;
b) impose a maximum fine
of VND 50,000,000 for violations against regulations on enterprise registration
and investment;
c) enforce the remedial
measures mentioned in this Decree.
4. Directors of
provincial Departments of Taxation are entitled to:
a) issue warnings;
b) impose a maximum fine
of VND 100,000,000 for violations against regulations on enterprise
registration; impose a maximum fine of VND 140,000,000 for violations against
regulations on investment;
c) enforce the remedial
measures mentioned in this Decree.
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a) issue warnings;
b) impose a maximum fine
of VND 100,000,000 for violations against regulations on enterprise
registration; impose a maximum fine of VND 300,000,000 for violations against
regulations on investment;
c) enforce the remedial
measures mentioned in this Decree.
Article
76. The power to impose penalties of market surveillance authorities
1. Market surveillance
officials in the performance of their duty are entitled to:
a) issue warnings;
b) impose a maximum fine
of VND 1,000,000.
2. Market surveillance
team leaders and Head of Professional Division affiliated to the Market
Surveillance Operations Department are entitled to:
a) issue warnings;
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c) enforce the remedial
measures mentioned in this Decree.
3. Directors of
provincial Market Surveillance Departments and Director General of the Market
Surveillance Operations Department affiliated to the Vietnam Directorate of
Market Surveillance are entitled to:
a) issue warnings;
b) impose a maximum fine
of VND 100,000,000 for violations against regulations on enterprise
registration and investment;
c) enforce the remedial
measures mentioned in this Decree.
4. The Director General
of Vietnam Directorate of Market Surveillance is entitled to:
a) issue warnings;
b) impose a maximum fine
of VND 100,000,000 for violations against regulations on enterprise registration;
impose a maximum fine of VND 300,000,000 for violations against regulations on
investment;
c) enforce the remedial
measures mentioned in this Decree.
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1. Competent persons of planning
and investment authorities have the power to impose penalties for the
administrative violations specified in this Decree within their power specified
in Article 73 of this Decree and within the scope of their functions, tasks,
and entitlements.
2. Chairmen/Chairwomen of
People’s Committees at all levels have the power to impose penalties for the
administrative violations specified in this Decree within their power specified
in Article 74 of this Decree and within the scope of their functions, tasks and
entitlements.
3. Competent persons of
tax authorities have the power to impose penalties for the administrative
violations specified Clause 2 Article 16; Article 18; Clause 2 Article 22;
Article 30; Article 43; Clause 4 Article 46; Point a Clause 2 Article 48; Point
a Clause 1 Article 50; Point a Clause 1 Article 54; Article 56; Article 62;
Article 64; Point c Clause 1 and Clause 2 Article 65; Article 66; Clause 3
Article 67 and Article 69 of this Decree within their power specified in
Article 75 of this Decree and within the scope of their functions, tasks, and
entitlements.
4. Competent persons of
market surveillance authorities have the power to impose penalties for the
administrative violations specified Clause 3 Article 16; Clause 1 Article 17;
Clause 3 Article 19; Article 43; Article 44; Clause 4 Article 46; Article 48;
Article 49; Article 50; Point c Clause 2 Article 52; Article 54; Points d and
dd Clause 1 Article 56; Point d Clause 1 Article 60; Article 62; Article 63;
Article 64; Points c and d Clause 1, Clause 2 Article 65; Article 66 and
Article 69 of this Decree within their power specified in Article 76 of this
Decree and within the scope of their functions, tasks, and entitlements.
5. If multiple persons
are entitled to impose a penalty, the penalty shall be imposed by the first
person who examines the case.
Article
78. Determination of power to impose penalties
The maximum fines imposed
by the persons specified in Articles 73 through 76 of this Decree are imposed
upon an administrative violation committed by an organization; the maximum fine
such a person may impose upon an individual is half the maximum fine imposed
upon an organization.
Article
79. Power to make administrative violation records
1. The persons entitled
to impose penalties specified in Articles 73 through 76 of this Decree.
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3. Officials of planning
and investment inspecting authorities appointed to carry out inspection or
independent specialized inspections or join inspectorates.
4. Officials of
regulatory authorities appointed to carry out inspections of fields under state
management with respect to: investment (including public investment, business
investment in Vietnam, outward business investment, PPP investment), bidding,
enterprise registration and planning.
5. If a case involves
multiple violations, competent persons in the performance of their duty shall
immediately make a record of the violation treated as an administrative
violation that arises from the field or areas under their management.
If the case is beyond the
power to impose penalties of the person making the record, transfer the
original administrative violation record together with the exhibit or
instrumentality (if any) used for committing the administrative violation to a
competent person in order to impose penalties as prescribed in Clause 5 Article
58 of the Law on Penalties for Administrative Violations.
If a violation showing
any sign of administrative violation does not arise from the field or area
under his/her management, the competent person on his/her duty must make a
record and immediately transfer it to a competent person.
Chapter
VII
IMPLEMENTATION
CLAUSE
Article
80. Effect
This Decree comes into
force from January 01, 2022 and supersedes the Government’s Decree No.
50/2016/ND-CP dated June 01, 2016 on penalties for administrative violations against
regulations on planning and investment.
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1. Regulations of this
Decree shall apply to the violations which have been committed before the
effective date of this Decree but are detected or being considered when this Decree
takes effect if this Decree does not provide for legal liability or impose less
serious legal liability.
2. If individuals or
organizations that incur penalties still complain about the decisions on
imposition of penalties for administrative violations against regulations on
planning and investment issued or completely implemented before this Decree
takes effect, the Government's Decree No. 50/2016/ND-CP shall apply.
Article
82. Responsibility for implementation
Ministers, heads of
ministerial agencies, heads of Governmental agencies, Chairmen/Chairwomen of
People’s Committees of provinces and central-affiliated cities are responsible
for the implementation of this Decree.
ON BEHALF OF THE GOVERNMENT
PP. THE PRIME MINISTER
THE DEPUTY PRIME MINISTER
Le Minh Khai