THE GOVERNMENT
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|
SOCIALIST
REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
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No. 155/2013/ND-CP
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Hanoi, November
11, 2013
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DECREE
STIPULATING
THE SANCTION OF ADMINISTRATIVE VIOLATIONS IN PLANNING AND INVESTMENT
Pursuant to the December 25, 2001 Law on
Organization of the Government;
Pursuant to the June 20, 2012 Law on handling of
administrative violations;
Pursuant to the November 29, 2005 Law on
enterprises;
Pursuant to the November 29, 2005 Law on
investment;
Pursuant to the November 29, 2005 Law on
tendering;
Pursuant to the November 26, 2003 Law on
Construction;
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Pursuant to the November 20, 2012 Law on
cooperatives;
At the proposal of the Minister of Planning and
Investment;
The Government promulgates Decree stipulating
the sanction of administrative violations in planning and investment,
Chapter 1
GENERAL PROVISIONS
Article 1. Scope of regulation
1. This Decree prescribes administrative
violations, sanctioning forms and levels, remedial measures, the authority to
make minutes of administrative violations and authority to sanction
administrative violations in planning and investment.
2. Acts of administrative violation in planning and
investment specified in this Decree include the following acts:
a) Violations of regulations in domain of
investment with state capital;
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c) Violations of regulations in domain of bidding
management;
d) Violations of regulations in domain of business
registration in respect to enterprises, business households, cooperatives, and
cooperatives’ unions;
3. Other administrative violations in planning and
investment not specified in this Decree shall comply with provisions in other
Government’s Decrees on sanctioning administrative violations in the relevant
state management domains.
Article 2. Objects sanctioned
on administrative violations
The objects of application of this Decree include
Vietnamese and foreign organizations and individuals committing acts of
administrative violation in planning and investment.
Article 3. Forms of sanction
and remedies
1. For each administrative violation, the
infringing organizations and individuals must suffer one of following main
sanctions:
a) Caution;
b) Fine.
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Article 4. Fine levels in
planning and investment
The fine levels specified in Chapter 2 of this Decree
are fine levels applied to organizations.
For a same administrative violation, the fine level
imposed on individuals and households shall be equal to ½ (a half) of the fine
level imposed on organizations
Chapter 2.
ADMINISTRATIVE
VIOLATIONS, SANCTIONING FORMS AND REMEDIAL MEASURES
SECTION I: ADMINISTRATIVE
VIOLATIONS IN DOMAIN OF INVESTMENT WITH STATE CAPITAL, SANCTIONING FORMS AND
REMEDIAL MEASURES
Article 5. Violation of
regulations on feasibility study reports (investment projects, eco-technical
reports for projects with works construction)
1. A fine of between VND 5,000,000 and VND
10,000,000 for any of the following acts:
a) Failing to observe the orders of, procedures for
preparing and evaluating the feasibility study reports;
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2. A fine of between VND 10,000,000 and VND
15,000,000 for any of the following acts:
a) Preparing the estimates, paying and finalizing
the expenses to make the feasibility study reports in contravention with the
set price unit and norm;
b) Preparing the feasibility study reports
inconsistent with the scale of project group as prescribed;
c) Preparing the feasibility study reports
inconsistent with national standards, national technical regulations;
d) Preparing the feasibility study reports with
insufficient contents as prescribed;
3. A fine of between VND 15,000,000 and VND
20,000,000 for any of the following acts:
a) Making the feasibility study reports not included
in planning or without approval for supplementation of planning by competent
authorities;
b) Making the feasibility study reports in
contravention of the approved planning;
4. Remedial measures:
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b) Forcible adjustment of the feasibility study
reports to be appropriate with the national standards, national technical
regulations for violations specified at Point c Clause 2 of this Article;
c) Forcible supplement of lacked contents for
violations specified at Point d Clause 2 of this Article;
d) Forcible adjustment of the feasibility study
reports to be appropriate with the approved planning for violations specified
at Point b Clause 3 of this Article.
Article 6. Administrative
violations in investment with works construction
Administrative violations in investment with works
construction on survey, design, supervision, construction of works, quality
management, pre-acceptance test, payment and finalization of the investment
project shall be sanctioned according to the Government’s regulations on
sanctioning administrative violations in construction operation.
Article 7. Violations of
regulations on reporting investment supervision and evaluation
1. A fine of between VND 1,000,000 and VND
2,000,000 for any of the following acts:
a) Making report on investment supervision and
evaluation improperly with the set time limit;
b) Making report on investment supervision or
evaluation with insufficient contents as prescribed;
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a) Failing to make report on investment
supervision and evaluation to send to the competent agencies as prescribed.
b) Making untruthful report on investment
supervision or evaluation.
3. Remedial measures:
a) Forcible supplementation of lacked contents to
report on investment supervision or evaluation for violation specified at Point
b Clause 1 of this Article;
b) Forcibly sending report on investment
supervision and evaluation to the competent state agencies for violation
specified at Point a Clause 2 of this Article.
Article 8. Violations on
management of implementation of programs and projects using the official
development assistance capital resource (ODA)
1. A fine of between VND 5,000,000 and 10,000,000
VND for any of the following acts:
a) Failing to organize supervision and evaluation
of implementation of ODA programs and projects as prescribed;
b) Implementing projects behind the prescribed
schedule unless there is objective reason or majeure event.
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3. Remedial measures: forcible organization of
project supervision and evaluation as prescribed for violations specified at
Point a Clause 1 of this Article.
Article 9. Violations on the
reporting regime and information provision for ODA programs and projects
1. A fine of between VND 1,000,000 and VND
2,000,000 for act of failing to observe the reporting regime on result of
implementation of ODA programs and projects in order to send it to the
competent agencies as prescribed.
2. A fine of between VND 5,000,000 and VND 10,000,000
for act of providing the falsified information or documents for the contractual
parties, consultants of making and performing the ODA programs and projects.
3. Remedial measures:
a) Forcibly making reports to send to the competent
state management agencies as prescribed by law for violation specified at
Clause 1 of this Article;
b) Forcible provision of exact information and
documents for contractual parties, consultants of making and performing
programs and projects for violation specified at Clause 2 of this Article.
SECTION 2. ADMINISTRATIVE
VIOLATIONS IN DOMESTIC INVESTMENT, FOREIGN INVESTMENT AND VIETNAM’S INVESTMENT
ABROAD, SANCTIONING FORMS AND REMEDIAL MEASURES
Article 10. Violations of
regulations on investment in Vietnam
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2. A fine of between VND 10,000,000 and VND
15,000,000 for act of reporting untruthfully investment activities;
3. A fine of between VND 15,000,000 and VND
20,000,000 for any of the following acts:
a) Making dossiers of investment project
untruthfully and inaccurately to be granted the investment certificate.
b) Conducting the project later than the schedule
stated in the investment certificate without the approval of the competent
state agency.
4. A fine of between VND 20,000,000 and VND
30,000,000 for any of the following acts:
a) Failing to do procedures for adjusting the
investment project as prescribed by law;
b) Suspending or rescheduling the execution of
investment project without notifying in writing the state management agency in
charge of investment thereof;
c) Failing to do procedures for terminating operation
of investment project, procedures for liquidation of investment project;
5. A fine of between VND 30,000,000 and VND
50,000,000 for any of the following acts:
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b) Investing in the form of contributing capital,
buying shares, merging, acquiring enterprises in contravention of regulations;
c) Transforming the investment form or transferring
investment capital in contravention of regulations;
d) Transferring projects in contravention of
regulations.
6. A fine of between VND 50,000,000 and VND
70,000,000 for any of the following acts:
a) Failing to do the investment procedures as
prescribed by law;
b) Continuing carrying out project after the investment
certificate has been revoked;
c) Continuing carrying out project after the
validity duration stated in the investment certificate expires;
d) Failing to carry out project within12 months
without the approval of the competent state agency.
7. A fine of between VND 70,000,000 and VND
80,000,000 for act of carrying out project before being granted the investment
certificate;
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a) Forcible implementation of reports on investment
operation, report on supervision and evaluation of investment project as
prescribed for violation specified at Clause 1 of this Article;
b) Forcible adjustment of investment project for
violation specified at Point a, Clause 4 of this Article;
c) Forcibly sending notification to the state
management agency in charge of investment for violation specified at Point b
Clause 4 of this Article;
d) Forcible termination of operations of investment
project, liquidation as prescribed for violations specified at Point c Clause 4
of this Article;
e) Forcibly doing procedures for extension of the
investment certificate for violation specified at Point c Clause 6 of this
Article.
Article 11. Violations of
regulations on using state capital for investment or business
1. A fine of between VND 30,000,000 and VND
50,000,000 for any of the following acts:
a) Using state capital for investment, capital
contribution, share purchase without the approval of competent agencies.
b) Changing the investment project with the state
capital without approval of competent state agencies;
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Article 12. Violations of
regulations on investment abroad
1. A fine of between VND 5,000,000 and VND
10,000,000 for any of the following acts:
a) Failing to execute the reporting regime on
investment abroad as prescribed;
b) Failing to notify or notifying inadequately the
execution of investment project as prescribed.
2. A fine of between VND 20,000,000 and VND
30,000,000 for any of the following acts:
a) Failing to comply with the contents
stated in the investment certificate;
b) Transferring profits and income from investment
in other countries back to Vietnam in contravention of regulations;
c) Failing to transfer all lawful capital and
assets back to Vietnam upon termination of projects as prescribed;
3. A fine of between VND 30,000,000 and VND
40,000,000 for any of the following acts:
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b) Using profits earned from an offshore investment
project for reinvestment in that project when the investment certificate has
not yet been adjusted as prescribed;
c) Using profits earned from an offshore investment
project for reinvestment in another project abroad before being granted an
investment certificate as prescribed;
4. A fine of between VND 50,000,000 and VND
60,000,000 for any of the following acts:
a) Making offshore investment without an approval
of state agencies competent to grant of investment certificate;
b) Transferring investment capital abroad without
an investment certificate or approval of a competent state agency of the host
country;
c) Using the state capital to make offshore
investment in contravention of regulations;
5. Remedial measures:
a) Forcibly make investment reports as prescribed,
for violations specified at Point a Clause 1 of this Article;
b) Forcibly comply with contents of the investment
certificate, for violation specified at Point a, Clause 2 of this Article;
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d) Forcible implementation of investment procedures
for violation specified at Point c Clause 3 of this Article.
Article 13. Violations of
regulations on investment incentives
1. A fine of between VND 10,000,000 and VND
15,000,000 for act of failing to re-notify a competent state agency of their
failure to satisfy the committed conditions for enjoying investment incentives.
If making declaration to enjoy investment incentives that violates the law on
tax, measures to sanction against administrative violations in tax shall be
applied.
2. A fine of between VND 15,000,000 and VND
20,000,000 for act of making inaccurate or untruthful declaration on necessary
information for being enjoyed investment incentives.
3. Remedial measures: Forcible refund of investment
incentives already being enjoyed in contravention of regulations for violations
specified at Clause 1 and Clause 2 of this Article.
Article 14. Violations of
regulations on investment in forms of build-operate-transfer (BOT),
build-transfer-operate (BTO), build-transfer (BT) and Public Private
Partnerships (PPP) contracts
1. A fine of between VND 20,000,000 and VND
30,000,000 for any of the following acts:
a) Failing to implement the guarantee measure for
executing the project contract as prescribed.
b) Making finalization dossier of the finished
works value in contravention of regulations;
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3. A fine of between VND 40,000,000 and VND
50,000,000 for act of making, verifying contents of the feasible study report
in contravention with regulations.
4. Remedial measures: Forcible implementation of
measures to ensure implementation of project contract for violation specified
at Point a Clause 1 of this Article.
Article 15. Violations of
regulations on investment in infrastructure system of industrial zones, export
processing zone, hi-tech parks and economic zones
Organizations, individuals that violate regulations
on investment in the technical infrastructure system in industrial zones,
export processing zones, hi-tech parks, and economic zones shall be sanctioned
as prescribed in Article 5, Article 6, Article 10, Article 11 and Article 13 of
this Decree.
SECTION 3. ADMINISTRATIVE
VIOLATIONS IN BIDDING, SANCTIONING FORMS AND REMEDIAL MEASURES
Article 16. Violations of
regulations on bidding plan
1. A fine of between VND 10,000,000 and VND
15,000,000 for any of the following acts:
a) Making, appraising, approving the bidding plans
in contravention of the orders, procedures and authority as prescribed;
b) Approving bidding plans with insufficient
contents as prescribed.
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a) Approving forms of contract, mode of bidding,
duration for implementation of contract in contravention with the size and
nature of the bidding package;
b) Approving forms of contractor selection
in contravention with regulations.
3. A fine of between VND 20,000,000 and VND
30,000,000 for act of dividing the size of bidding package unreasonably,
failing to meet requirements on technical nature, process of implementing
project, and the synchronism of project that lead to decrease of
competitiveness in bid.
4. Apart from the sanctioning forms specified
at Clause 1, Clause 2 and Clause 3 of this Article, the infringing
organizations and individuals may also have the violation published in the
bidding newspaper and bidding website.
Article 17. Violations of
regulations on bid invitation dossiers and requirement dossiers
1. A fine of between VND 10,000,000 and VND
15,000,000 for any of the following acts:
a) Failing to organize verification of the bid
invitation dossiers, requirement dossiers before approval;
b) Approving the bid invitation dossiers,
requirement dossier in contravention to the competence as prescribed.
2. A fine of between VND 15,000,000 and VND
20,000,000 for act of failing to regulate the use of domestic labors in the bid
invitation dossier for the international bidding packages.
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a) Stating prerequisite conditions in order to
remove the bid invitation dossiers or proposal dossiers in contravention with
regulations, that limiting participation of contractors;
b) Stating criteria for assessing the bid
invitation dossier, requirement dossiers in contravention with regulations or
not conforming the size and nature of bidding packages;
4. A fine of between VND 30,000,000 and VND
40,000,000 for act of approving the bid invitation dossiers or requirement
dossiers in contravention with the approved bidding plans about the forms to
select contractors, modes of bidding, forms of contract, duration for
implementation of contract.
5. Apart from the sanctioning forms specified at
Clause 1, Clause 2, Clause 3 and Clause 4 of this Article, the infringing
organizations and individuals shall also be published in the bidding newspaper
and bidding website.
Article 18. Violations of
regulations on organization of biddings
1. A fine of between VND 5,000,000 and VND 10,000,000
for acts of not issuing the bid invitation dossiers, requirement dossiers,
dossiers of invitation for prequalification, concern records to the bidders in
accordance with the time, place stated in the bidding notice, notice of
invitation for prequalification, bid invitation letter, notice of invitation
for offers.
2. A fine of between VND 10,000,000 and VND
15,000,000 for any of the following acts:
a) Receiving and managing the bidding dossiers,
proposal dossiers in contravention with regulations.
b) Closing and opening the bids improperly with the
time specified in the bid invitation dossier.
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d) Failing to notify the bidding results as
prescribed.
3. A fine of between VND 15,000,000 and VND
20,000,000 for act of assessing the bid dossiers, appraising and approving the
bidding results in excess of the prescribed time.
4. A fine of between VND 20,000,000 and VND
30,000,000 for any of the following acts:
a) Failing to appraise the bidding results before
approving;
b) Approving the bidding results with insufficient
content and not within the competence as prescribed;
c) Approving the bidding results that fail to be
consistent to content of the approved bidding plan;
5. A fine or between VND 30,000,000 and VND
40,000,000 for any of the following acts:
a) Assessing the bidding dossier, proposal dossier
in contravention with the approved assessment standards, thereby distorting
bidder selection results;
b) Permitting the contractor to clarify the bidding
dossier, thereby changing the basic content of the submitted bidding dossier or
changing the price of bidding;
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d) Failing to require the bidder that wins the bid
to pay guarantee for implementation of contract or accepting for the bidder to
pay guarantee for implementation of contract in contravention with the regulation.
6. Apart from the sanctioning forms specified at
Clause 1, Clause 2, Clause 3, Clause 4 and Clause 5 of this Article, the
infringing organizations and individuals shall also be published in the bidding
newspaper and bidding website.
Article 19. Other
administrative violations on bidding
1. A fine of between VND 1,000,000 and VND
5,000,000 for any of the following acts:
a) Failing to publish information on bidding;
b) Publishing information on bidding with
insufficient content, insufficient number of issues;
c) Publishing information on bidding without
conformity with the competence as prescribed;
d) Organizing the publishing of information on
bidding in contravention with regulations;
2. A fine of VND 5,000,000 and VND 10,000,000 for
any of the following acts:
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b) Failing to refund or release the bid guarantee
for the bidder as prescribed;
c) Collecting expenses involving bidding in
convention with the law;
3. A fine of between VND 10,000,000 and VND
15,000,000 for acts of failing to comply with or perform insufficiently
regulations on cancelling, suspending or not recognizing the results of
contractor selection;
4. A fine of VND 15,000,000 and VND 20,000,000 for
act of failing to handle or handling the proposals during bidding in
contravention with regulations.
5. Remedial measures:
a) Forcible refund or release of the bid guarantee
for the bidder as prescribed for violations specified at Point b Clause 2 of
this Article;
b) Forcible refund of the collected amounts in
contravention with regulations for violation specified at Point c Clause 2 of
this Article.
SECTION 4. ADMINISTRATIVE
VIOLATIONS IN BUSINESS REGISTRATION OF ENTERPRISES, BUSINESS HOUSEHOLDS,
COOPERATIVES, COOPERATIVE UNIONS, SANCTIONING FORMS AND REMEDIAL MEASURES
Article 20. Violations of
regulation on declaring dossier of business registration
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a) Business establishment registration;
b) Registration of changing content of enterprise
registration;
c) Registration of operation of branches,
representative offices, or business places;
d) Registration of changing contents of
registration of operation of branches, representative offices, or business
places;
dd) Registration of enterprise dissolution;
e) Notifying the termination of operation of
branches, representative offices, and business places;
g) Notifying the suspension of business.
2. Remedial measures: forcible registration of
changing and re-notifying the information which has been declared untruthfully
and inaccurately by enterprise;
Article 21. Violations of
regulations on time limit for registration of changes in enterprise registration
content
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2. A fine of between VND 2,000,000 and VND
5,000,000 for acts of failing to register changes in enterprise registration
contents after 10 days since decision on change is issued.
3. Remedial measures: forcible registration of
changes in enterprise registration content in accordance with regulations for
violations specified at Clause 2 of this Article.
Article 22. Violations of
regulations on disclosure of enterprise registration contents
1. A fine of between VND 1,000,000 and VND
2,000,000 for acts of failing to disclose as prescribed or disclosing contents
of enterprise registration on the national business registration portal later
than the prescribed deadline.
2. Remedial measures: forcible disclosure of
enterprise registration contents on the national business registration portal
as prescribed.
Article 23. Violations of
regulations on enterprise establishment
1. A fine of VND 5,000,000 and VND 10,000,000 for
any of the following acts:
a) Continuing to operate after the operational time
stated in the Charter has ended and not allowed extension;
b) Failing to contribute the capital on schedule as
registered;
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3. A fine of between VND 25,000,000 and VND
30,000,000 for one of the following acts:
a) Intentionally valuing assets to contribute
capital improperly with the actual value;
b) Conducting business as enterprise after having
the business registration certificate revoked or after dissolution;
c) Conducting business under form of an enterprise
without the registration of enterprise establishment.
4. Remedial measures:
a) Forcible registration of operation extension,
for violations specified at Point a Clause 1 of this Article;
b) Forcible registration of reducing the charter
capital in accordance with regulations for the limited liability companies with
two or more members or forcing to contribute full capital as registered for
other forms of enterprises, for violations specified at Clause 2 of this
Article;
c) Forcible revaluation of the assets contributed
into capital for violations specified at Point a Clause 3 of this Article;
d) Forcible registration of enterprise
establishment for violations specified at Point c Clause 3 of this Article.
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1. A fine of between VND 5,000,000 and VND
10,000,000 for acts of registering the owners of the one-member limited
liability companies, owners of private enterprises, members of limited
liability companies, capital-contributing members, partnership members,
founding shareholders being individuals or organizations not having right to
establish enterprises in accordance with regulations.
2. Remedial measures: Forcible registration of change
for members, capital-contributing members, partnership members, or founding
shareholders being individuals or organizations in accordance with regulations.
Article 25. Violations on
trading in lines that not be stated in the enterprise registration certificate
A fine of between VND 15,000,000 and VND 20,000,000
for acts of trading in lines that not be stated in the enterprise registration
certificate.
Article 26. Violations of
regulations on hiring directors of private enterprises
1. A fine of between VND 10,000,000 and VND
15,000,000 for act of hiring another person to be the director of a private
enterprise but fail to register.
2. Remedial measure: Forcible registration for
addition of hiring the director.
Article 27. Violations of
regulations on registration of member change
1. A fine of between VND 15,000,000 and VND
20,000,000 for act of failing to register the member change within the
prescribed duration since the day of committing to contribute capital for the
last time in accordance with regulations.
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Article 28. Violations of
regulations on complying with requirements of business registration agencies
1. A fine of between VND 15,000,000 and VND
20,000,000 for any of the following acts:
a) Continuing to trade in conditional business
lines when being requested for the suspension by the provincial Divisions of
business registration;
b) Failing to register changes of enterprise name
at the request of provincial Divisions of business registration if enterprise
has the name breaching the protection right of industrial property as
prescribed by law.
2. Remedial measures: Forcible registration of
changing name in order to be appropriate with legislations for violation
specified at Point b Clause 1 of this Article.
Article 29. Violations of
regulations on reporting regime
1. A fine of between VND 1,000,000 and VND
5,000,000 for one of the following acts:
a) Leasing the private enterprise but failing to
report in writing enclosed with the leasing contract notarized to the
provincial Division of business registration and tax agency;
b) Failing to submit the financial statements on
time as prescribed.
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Article 30. Violations of
regulations on notifying the provincial Divisions of business registration
1. A fine of between VND 1,000,000 and VND
2,000,000 for any of the following acts:
a) Failing to notify in writing about the time
point and duration of business suspension or continuing to do business, within
the time limit as prescribed by legislation;
b) Failing to notify in writing, within the
prescribed time limit, about changes of kinds of assets for capital
contribution of members in the limited liability company;
c) Failing to notify about the equity capital
contribution within the prescribed time limit since the day of being granted
the enterprise registration certificate;
d) Failing to announce or failing to announce in
the prescribed time limit about the sale of the private enterprise;
dd) Failing to send or failing to send in
prescribed time limit about notification of designating or replacing the
authorized representative for the limit liability companies;
e) Failing to notify about result of the capital
contribution progress in writing within the prescribed time limit after every
capital contribution period as committed;
2. Remedial measures: forcibly notifying the
provincial Divisions of business registration about contents as prescribed.
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1. A fine of between VND 10,000,000 and VND
15,000,000 for any of the following acts:
a) The representative at law of enterprise does not
reside in Vietnam;
b) The representative at law of enterprise is
absent in Vietnam for more than 30 days but fails to authorize in writing for
another person to implement his/her rights and obligations.
2. Remedial measures:
a) Forcible registration with another person who
resides in Vietnam to act as the representative at law of enterprise, for
violation specified at Point a Clause 1 of this Article;
b) Forcible authorization in writing for another
person or registration with another person who resides in Vietnam to act as the
representative at law for violation specified at Point b Clause 1 of this
Article.
Article 32. Other violations
related to organization and management of enterprise
1. A fine of between VND 5,000,000 and VND
10,000,000 for any of the following acts:
a) Failing to convene an annual general
shareholders meeting within the prescribed duration, after the end of the
fiscal year, and not being allowed to extend by the provincial Divisions of
business registration;
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c) Appointing the director (general director) of
the joint-stock company, who fails to meet standards and conditions as
prescribed by law.
2. A fine of between VND 10,000,000 and VND
15,000,000 for any of the following acts:
a) Failing to grant certificates of contributed
capital amounts to members in enterprise as prescribed;
b) Failing to make a member or shareholder
registration book as prescribed;
c) Failing to display the name of enterprise at the
head office, branch, and representative office of the enterprise;
d) Failing to store the documents and stamp at the
head office as prescribed by law.
3. Remedial measures:
a) Forcible convention of the annual general
shareholders meeting as prescribed for violation specified at Point a Clause 1
of this Article;
b) Forcible relieve from office for the management
titles of persons who are not entitled to manage enterprise, for violation at
Point b Clause 1 of this Article;
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d) Forcible grant of certificates of contributed
capital amounts to members as prescribed, for violation specified at Point a
Clause 2 of this Article;
dd) Forcible to make the member or shareholder
registration book as prescribed for violations specified at Point b Clause 2 of
this Article;
e) Forcible display of signboards of enterprise
name at the head office, branches, and representative offices of the enterprise
for violation specified at Point c Clause 2 of this Article;
g) Forcible store of documents and stamp as
prescribed for violation specified at Point d Clause 2 of this Article.
Article 33. Violations of
regulations on controlling board
1. A fine of between VND 1,000,000 and VND
2,000,000 for act of organizing the controlling board which is not right or has
insufficient members as prescribed by law.
2. A fine of between VND 5,000,000 and VND
10,000,000 for any of the following acts:
a) The limited liability company with more than 11
members but fail to establish the controlling board;
b) The joint-stock company that has more than 11
shareholders being individuals or there is a shareholder being organization
that owns over 50% of shares but fail to establish the controlling board;
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a) Forcible reorganization of controlling board in
accordance with legislation, for violation specified at Clause 1 of this
Article;
b) Forcible establishment of controlling board in accordance
with law, for violation specified at Clause 2 of this Article.
Article 34. Violations of
regulations on enterprise dissolution
1. A fine of between VND 5,000,000 and VND
10,000,000 for act of not conducting the dissolution procedures for enterprises
falling in cases of being dissolved as prescribed by law.
2. Remedial measures: forcible carry out procedures
for enterprise dissolution as prescribed by law.
Article 35. Violations of
regulations on establishment, termination of operation of branches and
representative offices, business places of enterprises
1. A fine of between VND 5,000,000 and VND
10,000,000 for any of the following acts:
a) Doing business at a place without notifying the
provincial Division of business registration where the enterprise is doing
business;
b) Terminating the operation of branches,
representative offices, or business places without notifying the provincial
Divisions of business registration;
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a) Forcibly notifying to the provincial Division of
business registration about business place or termination of operation at that
place, for violation specified at Point a Clause 1 of this Article;
b) Forcible notification about termination of
operation of branches, representative offices, or business places as
prescribed, for violation specified at Point b Clause 1 of this Article.
Article 36. Violations of
regulations on business registration of business households
1. A fine of between VND 3,000,000 and VND
5,000,000 for any of the following acts:
a) Doing business registration with more than one
place;
b) Doing business registration with more than one
business household;
c) Failing to report the business situation at the
request of the district-level business registration agency;
2. A fine of between VND 5,000,000 and VND
7,000,000 for acts of declaring dishonestly, inaccurately dossiers of the
household business registration or registration of changes in business
registration content.
3. Remedial measures:
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b) Forcible re-declaration of the untruthful and
inaccurate contents, for violation specified at Clause 2 of this Article.
Article 37. Violations on
business suspension of business household
1. Imposing a caution or fine of between VND
500,000 and VND 1,000,000 for act of suspending business operation for more
than 30 days without a notification send to the district business registration
agency where made business registration and tax agency managing directly.
2. A fine of between VND 5,000,000 and VND
10,000,000 for act of failing to suspend the business operation of conditional
trades at the request of the district business registration agency where
business household make business registration.
3. Remedial measures: Forcibly notifying the
district business registration agency and tax agency managing directly about
the business suspension, for violation specified at Clause 1 of this Article.
Article 38. Violations of
regulation on registration of changes in registration content of business
households
1. Imposing a cautions or fine of between VND
500,000 and VND 1,000,000 for act of changing the business registration
contents without notifying the district-level business registration agency as
prescribed.
2. Remedial measures: forcibly notifying the
district-level business registration agency about changes in registration of
business household.
Article 39. Violations of
regulations on termination of operation of business households
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2. Remedial measures: forcible notification or
return of the original household registration certificate for the
district-level business registration agency;
Article 40. Violations of
regulations on business registration of cooperatives and cooperative unions
1. Imposing a caution or fine of between VND
500,000 and VND 1,000,000 for any of the following acts:
a) Failing to convene the annual member meeting of
cooperatives and cooperative unions;
b) Failing to make member registration book after
being granted certificate of registering the cooperative or cooperative unions;
2. A fine of between VND 5,000,000 and VND
10,000,000 for any of the following acts:
a) Declaring dishonestly, inaccurately dossiers of
registering establishment of cooperatives, cooperative unions;
b) Operating as cooperatives and cooperative unions
but having no certificate of establishment registration;
3. Remedial measures:
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b) Forcing to make member registration book for
violation specified at Pont b Clause 1 of this Article;
c) Forcible registration of cooperatives and
cooperative unions for violation specified at Point b Clause 2 of this Article;
Article 41. Violation of
regulations on capital contribution registration of cooperatives or cooperative
unions
1. A fine of between VND 5,000,000 and VND 10,000,000
for any of the following acts:
a) Failing to mobilize a sufficient capital amount
and on time as registered;
b) Failing to maintain the legal capital level, for
cooperatives operating in trades required to have legal capital;
c) Failing to grant the capital contribution certificate
for members of cooperatives or member cooperatives;
2. A fine of between VND 10,000,000 and VND
15,000,000 for act of allowing a member to contribute a capital amount more
than 20% of cooperative’s total contributed capital; a cooperative to
contribute a capital amount more than 30% of cooperative unions’ total
contributed capital.
3. Remedial measures:
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b) Forcible grant of the capital contribution
certificate to the cooperative’s members or member cooperatives, for violation
specified at Point c Clause 1 of this Article;
c) Forcible re-adjustment of the contributed
capital rate, for violation specified at Clause 2 of this Article.
Article 42. Violations of
regulations on changing the registered contents of cooperatives and cooperative
unions
1. Imposing a caution or fine of between VND
500,000 and VND 1,000,000 for any of the following acts:
a) Failing to register or registering late or
failing to notify about changes in registration contents of cooperatives,
cooperative unions;
b) Failing to register change of the cooperative
name after changing business lines to constitute name of cooperatives,
cooperative unions;
2. A fine of between VND 5,000,000 and VND
10,000,000 for any of the following acts:
a) Untruthfully or inaccurately registering changes
in registration contents of cooperatives, cooperative unions;
b) Continuing business activities while cooperatives
or cooperatives unions have notified about suspension of operation;
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Article 43. Violations of
regulations on disclosure of information of cooperatives and cooperative unions
1. Imposing a caution or a fine of between VND
500,000 and VND 1,000,000 for act of failing to disclose information as prescribed.
2. Remedial measures: forcibly complying with the
provisions of law on information disclosure.
Article 44. Violations of
regulations on reorganization of cooperatives and cooperative unions
1. Imposing a caution or fine of between VND 500,000
and VND 1,000,000 for acts of dividing, splitting, consolidating or merging in
contravention of regulations;
2. Remedial measures: forcible reorganization of
cooperatives, cooperative unions as prescribed.
Article 45. Violations of
regulations on registration of operation of branches, representative offices
and business places of cooperatives and cooperative unions
1. Imposing a caution or fine of between VND
500,000 and VND 1,000,000 for any of the following violations:
a) Registering addresses of branches,
representative offices, business places non-existent on the administrative map;
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2. A fine of between VND 5,000,000 and VND
10,000,000 for act of untruthfully or inaccurately registering changes of
registered content of branches, representative offices or business places.
3. Remedial measures: forcible registration for the
re-grant of a cooperative registration certificate, for violations specified at
Clause 1 and Clause 2 of this Article.
Chapter 3
COMPETENCE TO SANCTION
ADMINISTRATIVE VIOLATIONS
Article 46. The sanctioning
competence of the inspectorates of planning and investment
1. Inspectors and persons assigned the specialized
inspection on duty have rights:
a) Imposing a caution;
b) A fine of up to VND 500,000.
2. Chief inspectors of the provincial Departments
of Planning and Investment; the leaders of the provincial-level specialized
inspectorate team have rights:
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b) To impose a fine of up to VND 25,000,000 for
violations of business registration; fine up to VND 75,000,000 for violations
on investment, bidding;
c) To apply remedial measures specified at chapter
2 of this Decree.
3. The leader of the specialized inspectorate team
of the Ministry of Planning and Investment has rights:
a) To impose a caution;
b) To impose a fine of up to VND 30,000,000 for
violations on business registration; fine up to VND 80,000,000 for violations
on investment, bidding;
c) To apply remedial measures specified in Chapter
2 of this Decree.
4. The chief inspector of the Ministry of Planning
and Investment has rights:
a) To impose a caution;
b) To impose a fine of up to VND 30,000,000 for violations
on business registration; fine up to VND 80,000,000 for violations on
investment, bidding;
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Article 47. The sanctioning
competence of People's Committees at all levels
1. Presidents of the communal People's Committees
have rights:
a) To impose a caution;
b) To impose a fine of up to VND 5,000,000.
2. Presidents of the district-level People's
Committees have rights:
a) To impose a caution;
b) To impose a fine of up to VND 25,000,000 for
violations on business registration; fine up to VND 75,000,000 for violation on
investment, bidding;
c) To apply remedial measures specified in Chapter
2 of this Decree.
3. Presidents of the provincial People's Committees
have rights:
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b) To impose a fine of up to VND 30,000,000 for
violations on business registration; fine up to VND 80,000,000 for violations
on investment, bidding;
c) To apply remedial measures specified in Chapter
2 of this Decree.
Article 48. Sanctioning
competence of other agencies
Police, customs, tax, specialized inspectorate
agencies and other agencies within their assigned functions, tasks and powers,
if detecting acts of administrative violation in planning and investment may
sanction administrative violations as prescribed in Article 39, Article 42,
Article 44 and Article 46 of the Law on Handling of Administrative Violations
and provisions in this Decree.
Article 49. Determination of
the sanctioning competence
The fining competence of titles specified in
Article 46, Article 47 and Article 48 of this Decree is applied to one
administrative violation of organization. In case of fine, the authority to
sanction against individual is equal to ½ (a half) of authority to sanction
against organization.
Article 50. Competence to make
records on administrative violation
1. Titles specified in Article 46, Article
47 and Article 48 of this Decree and competent persons on duty, when detecting
administrative violations in planning and investment, have the right to make
records on sanctioning administrative violations as prescribed.
2. The leaders of specialized inspectorate teams in
planning and investment, when detecting administrative violations, have the
right to make records on sanctioning administrative violations, cases of
falling beyond their competence, they shall sent records to competent persons
to conduct the sanction as prescribed by law.
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IMPLEMENTATION
PROVISIONS
Article 51. Effect
This Decree takes effect on January 01, 2014 and
replaces the Government’s Decree No. 53/2007/ND-CP dated April 04, 2007 on sanctioning administrative
violations in planning and investment and the Government’s Decree No. 62/2010/ND-CP dated June 04, 2010 amending
and supplementing a number of articles of the Government’s Decree No. 53/2007/ND-CP dated April 04, 2007 on
sanctioning administrative violations in the field of planning and investment.
Article 52. Implementation
responsibilities
Ministers, heads of ministerial-level agencies, heads
of government-attached agencies, presidents of provincial-level People's
Committees and relevant agencies, organizations and individuals shall implement
this Decree.
ON BEHALF OF
THE GOVERNMENT
PRIME MINISTER
Nguyen Tan Dung