DECREE

 AMENDMENTS TO GOVERNMENT’S DECREE NO. 139/2017/ND-CP DATED NOVEMBER 27, 2017 ON PENALTIES FOR ADMINISTRATIVE VIOLATIONS AGAINST REGULATIONS ON INVESTMENT AND CONSTRUCTION, EXTRACTION, PROCESSING AND TRADING OF MINERALS USED IN CONSTRUCTION, PRODUCTION AND TRADING OF BUILDING MATERIALS, MANAGEMENT OF INFRASTRUCTURAL CONSTRUCTIONS, REAL ESTATE BUSINESS, HOUSING DEVELOPMENT, MANAGEMENT AND OPERATION OF APARTMENT BUILDINGS AND OFFICE BUILDINGS

Pursuant to the Law on organization of the Government dated June 19, 2015;

Pursuant to the Law on Penalties for Administrative Violations dated June 20, 2012;

Pursuant to the Law on Construction dated June 18, 2014;

At the request of the Minister of Construction;

The Government promulgates a Decree providing amendments to Government’s Decree No. 139/2017/ND-CP dated November 27, 2017 on penalties for administrative violations against regulations on investment and construction, extraction, processing and trading of minerals used in construction, production and trading of building materials, management of infrastructural constructions, real estate business, housing development, management and operation of apartment buildings and office buildings.

Article 1. Amendments to Article 7, Article 63, Article 64 and Article 67 of Government’s Decree No. 139/2017/ND-CP

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“g) Appraisal of construction designs”.

2. Point a Clause 2 Article 63 is amended as follows:

“a) Exchange, sale or sub-lease of house by the lessee or tenant of a state-owned house without the approval by a competent authority as prescribed.”

3. Point d Clause 2 Article 63 is amended as follows:

“d) Sale, lease purchase, exchange, mortgage or contribution of capital by a house but the house does not meet relevant requirements as prescribed.”

4. Point c Clause 2 Article 64 is amended as follows:

“c) Sub-letting or authorizing other persons to manage official residences.”

5. Point a Clause 4 Article 67 is amended as follows:

“a) Appropriating or using the office building for production, business, leasing as residence or other purposes inconsistently with its functions.”

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The following regulations are abrogated:
1. Point c and Point d Clause 1 Article 7.

2. Point d and Point dd Clause 2, Point d Clause 3, Point d, Point dd and Point I Clause 5 Article 23.

3. Clause 3, Point b Clause 4 Article 38.

4. Clause 1 Article 39.

5. Point a Clause 1 Article 60.

6. Point a and Point b Clause 1 Article 61.

Article 3. Transition

1. The administrative violations in Point c, Point d and the violation relating to appraisal of cost estimates in Point g Clause 1 Article 7; the administrative violations in Point d, Point dd Clause 2; Point d Clause 3 Article 23; Clause 3 Article 38; Clause 1 Article 39; Point a Clause 1 Article 60; Point a, Point b Clause 1 Article 61; the violations relating to borrowing of house by the lessee or tenant of a state-owned house without the approval by a competent authority in Point a Clause 2 Article 63, donation of house which does not meet relevant requirements in Point d Clause 2 Article 63, borrowing of official residences in Point c Clause 2 Article 64, appropriating or using the office building for borrowing inconsistently with its functions in Point a Clause 4 Article 67 of the Government's Decree No. 139/2017/ND-CP which have been committed before the effective date of this Decree and for which penalty imposition decisions have been issued by competent authorities but not yet implemented shall be handled according to relevant penalty imposition decisions.

2. No penalties shall be imposed for the administrative violations in Clause 1 of this Article if they are recorded or detected after this Decree comes into force.

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This Decree comes into force as from April 01, 2020.

Article 5. Implementation

Ministers, heads of ministerial agencies, heads of Governmental agencies, Chairpersons of people’s committees of central-affiliated cities and provinces, and relevant organizations and individuals shall implement this Decree./.

ON BEHALF OF THE GOVERNMENT
THE PRIME MINISTER




Nguyen Xuan Phuc