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THE GOVERNMENT
OF VIETNAM
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THE SOCIALIST REPUBLIC OF VIETNAM
Independence – Freedom – Happiness
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No. 55/2026/ND-CP
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Hanoi, February 09, 2026
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DECREE
AMENDMENTS TO GOVERNMENT’S
DECREE NO. 63/2019/ND-CP DATED JULY 11, 2019 PRESCRIBING PENALTIES FOR
ADMINISTRATIVE VIOLATIONS AGAINST REGULATIONS ON MANAGEMENT OF PUBLIC PROPERTY,
THRIFT PRACTICE AND WASTEFULNESS COMBAT, NATIONAL RESERVE, AND STATE TREASURY,
AS AMENDED BY THE GOVERNMENT’S DECREE NO. 102/2021/ND-CP DATED NOVEMBER 16, 2021
Pursuant to the Law on
Government Organization No. 63/2025/QH15;
Pursuant to the Law on
Organization of Local Governments No. 72/2025/QH15;
Pursuant to the Law on
Handling of Administrative Violations No. 15/2012/QH13, as amended by the Law
No. 54/2014/QH13, the Law No. 18/2017/QH14, the Law No. 67/2020/QH14, the Law
No. 09/2022/QH15, the Law No. 11/2022/QH15, the Law No. 56/2024/QH15, and the
Law No. 88/2025/QH15;
Pursuant to the Law on
Management and Use of Public Property No. 15/2017/QH14, as amended by the Law
No. 64/2020/QH14, the Law No. 07/2022/QH15, the Law No. 24/2023/QH15, the Law
No. 31/2024/QH15, the Law No. 43/2024/QH15, the Law No. 56/2024/QH15, and the
Law No. 90/2025/QH15;
Pursuant to the Law on
State Budget No. 89/2025/QH15;
Pursuant to the Law on
National Reserve No. 22/2012/QH13;
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The Government
promulgates a Decree providing amendments to the Government’s Decree No.
63/2019/ND-CP dated July 11, 2019 prescribing penalties for administrative
violations against regulations on management of public property, thrift
practice and wastefulness combat, national reserve, and state treasury, as
amended by the Government’s Decree No. 102/2021/ND-CP dated November 16, 2021.
Article
1. Amendments to the Government’s Decree No.
63/2019/ND-CP dated July 11, 2019 prescribing penalties for administrative
violations against regulations on management of public property, thrift
practice and wastefulness combat, national reserve, and state treasury, as
amended by the Government’s Decree No. 102/2021/ND-CP dated November 16, 2021
1. Clause 5 Article 3 is amended as follows:
“5. The ending dates of
administrative violations against regulations on state treasury are prescribed as
follows:
a) Regarding the
administrative violations prescribed in Articles 54, 55 and 59 of this Decree,
the ending date of the violation shall be the date on which a payment request
is submitted to the State Treasury;
b) Regarding the
administrative violations prescribed in Article 60 of this Decree, the ending
date of the violation shall be the date on which an application for
registration and use of account is submitted to the State Treasury;
c) Regarding the
administrative violations prescribed in Articles 56 and 61 of this Decree, the
ending date of the violation shall be the date on which the State Treasury
receives the conclusion from the competent criminal proceedings agency that the
case shows no sign of a criminal offence.”.
2. Some
points and clauses of Article 4 are amended as follows:
a) Points c and d are
added to clause 1 as follows:
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d) The property value used
as the basis for determining the fine bracket and the power to impose penalties
for violations against regulations on public property management in clauses 2,
3 and 5 Article 8, clause 1 Article 9, clause 1 Article 10, clause 1, clause 3
Article 13, clause 1 Article 14, clause 3, clause 4 Article 15 of this Decree
shall be determined according to the residual value of the property recorded in
accounting books.
Where the residual value
is zero (=0), the property value used as the basis for determining the fine
bracket and the power to impose penalties shall be equal to 20% of the
historical costs of such property.
Where the property has not
been monitored or recorded in accounting books, its residual value shall be
determined on the basis of its origin and relevant records and documents (if
any) in accordance with regulations of law on management regimes, depreciation
and amortization applicable to such property type.
Where there are no
regulations of law on management regimes, depreciation and amortization
applicable to such property type, the residual value of the property used as
the basis for determining the fine bracket and the power to impose penalties
shall be determined in accordance with specific guidelines given by the
Ministry of Finance.".
a) Clause 3 is amended,
and clause 3a, clause 3b are added to following clause 3 as follows:
“3. Remedial measures
against violations against regulations on management of public property:
Entities committing
administrative violations against regulations on management of public property
shall, in addition to the penalties prescribed in clause 1, clause 2 of this
Article, also be subject, depending on the nature and severity of the
violation, to remedial measures.
In addition to the
remedial measures specified in points e, i clause 1 Article 28 of the Law on
Handling of Administrative Violations, entities committing administrative
violations against regulations on management of public property shall also be
liable to the following remedial measures:
a) Enforced payment of an
amount equivalent to the value of property;
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The market price shall be
determined on the basis of quotations provided by suppliers in the market or
information publicly disclosed by suppliers and obtained through the Internet;
c) Enforced return of the
property; where such return is impossible, or the property upon return has been
altered or changed as a result of the violation, the provisions of point b of
this clause shall apply;
d) Enforced demolition of
structures constructed on encroached areas;
dd) Enforced annulment of
declaration reports containing false or forged information;
e) Enforced correction of
data to accurately reflect the current status of property;
g) Enforced adjustment
and/or addition of data, information, and declaration reports on public
property;
h) Enforced submission of
additional and complete documents as prescribed by the law on public property.
3a. Principles for
determining illicit gains obtained from administrative violations:
The amount of illicit
gains shall be determined by the person having the power to impose
administrative penalties and specified in the penalty imposition decision or
the decision to impose the remedial measure.
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If an entity commits
multiple violations, illicit gains shall be determined separately for each
administrative violation. If an entity repeats a violation, illicit gains shall
be determined separately for each commission of the violation.
3b. After the imposition
of penalties in accordance with Clauses 1 and 2 of this Article, or the
implementation of remedial measures in accordance with Clause 3 of this
Article, where the property is subject to recovery in accordance with the Law on
Management and Use of Public Property or other relevant laws, such recovery
shall be carried out in accordance with provisions of the law governing such
property. Where the property is not subject to recovery in accordance with the
Law on Management and Use of Public Property or other relevant laws, the
organization in possession of the property involving an administrative
violation shall manage, use, and dispose of such public property in accordance
with the Law on Management and Use of Public Property, and Decrees providing
detailed regulations thereof.”.
a) Clause 6 is amended as
follows:
“6. Remedial
measures against violations against regulations on state treasury:
Depending on the nature
and severity of each violation, the violating entity shall also be liable to
the following remedial measures:
a) Enforced recovery of
amounts already disbursed based on payment requests submitted to the State
Treasury for payment for workloads that do not meet payment requirements;
b) Enforced recovery of
amounts already disbursed based on payment requests prepared in contravention
of regulations, or payment terms and conditions set out in the relevant
contracts and their appendices;
c) Enforced recovery in
full of amounts already disbursed based on falsified payment requests, and
amounts already disbursed inconsistently with the contents of original
documents/vouchers kept at the entity, if not liable to criminal prosecution;
d) Enforced recovery of
advanced funding in cases of failure to make payments for recovery of advanced
funding in accordance with regulations, or failure to recover in full the state
budget-advanced funding amounts which have been overdue but not yet recovered
as prescribed;
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d) Clauses 8, 9, 10 and 11
are added as follows:
“8. If an entity commits
multiple violations, penalties shall be imposed separately for each
administrative violation.
9. If an entity repeats a
violation, the following provisions shall apply:
a) For the violations
prescribed in Clause 4 Article 8, Clause 1 Article 14, Clause 1 Article 17,
Clause 1 Article 54, Clause 1 Article 55, Article 59, and Point b Clause 1
Article 60 of this Decree, a single penalty imposition decision shall be issued
while such repeated commission of the violation shall be considered as an
aggravating circumstance.
Aggravating and mitigating
circumstances shall be determined in accordance with the Law on Handling of
Administrative Violations and Decrees providing detailed regulations thereof;
b) For violations other
than those specified in Point a of this Clause, penalties shall be imposed for
each commission of the violation.
10. Where any of the
violations prescribed in Clause 5 Article 8, Clause 1 Article 10, Clause 1
Article 12, Point c Clause 1 Article 14, Article 43, Article 46, Article 56,
and Article 61 of this Decree shows signs of a criminal offence, the competent
person who is handling the case shall promptly transfer all documents relating
to the violation ("the case file”) to an authority competent to institute
criminal proceedings for criminal prosecution in accordance with provisions of
Article 62 of the Law on Handling of Administrative Violations. Where a
decision not to file criminal charges is issued, the authority competent to
institute criminal proceedings shall return the case file to the person having
power to impose penalties as prescribed in Clause 3 Article 62 of the Law on
Handling of Administrative Violations.
11. Online handling of the
administrative violations prescribed in this Decree shall apply when
infrastructure, technical system and information requirements are satisfied in
accordance with regulations of the Law on Handling of Administrative
Violations.”.
3. Article 6 is amended as follows:
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1. The following fines shall be imposed upon an organization
for procurement of property in excess of the standards or norms issued by
competent authorities or persons:
a) A fine ranging from VND
2.000.000 to VND 5.000.000 shall be imposed for the violation involving an
excess value of less than VND 50.000.000;
b) A fine ranging from VND
5.000.000 to VND 10.000.000 shall be imposed for the violation involving an
excess value of from VND 50.000.000 to less than VND 75.000.000;
c) A fine ranging from VND
10.000.000 to VND 20.000.000 shall be imposed for the violation involving an
excess value of VND 75.000.000 or more.
2. Remedial measure:
The violating entity is
compelled to return an amount equivalent to the value of property. Such an
amount equivalent to the value of property involving in the violation in clause
1 of this Article is the value of property procured in excess of the prescribed
the standards or norms.
3. Determination of the
value of property procured in excess of the prescribed standards or norms
(“excess value”) as the basis for imposing penalties and remedial measures as
prescribed in this Article shall be carried out on a per-transaction basis if
the price is exceeded, or on a per-item basis if the quantity of procured
property is exceeded. Such determination of the
excess value is outlined as follows:
a) For the procurement of
property that is car, machinery, equipment, or other property other than
working office or public service facility, in excess of the prescribed
quantity: The excess value is determined by multiplying the excess quantity of
the property by the unit price of the property which is its purchase price
specified in the invoice or contract (if there is no invoice or the unit price
cannot be determined based on the invoice);
b) For the procurement of
property that is car, machinery, equipment, or other property other than
working office or public service facility, with correct quantity but with
prices higher than the prescribed prices: The excess value shall be the
property value which is the purchase price specified in the invoice or contract
(if there is no invoice or the unit price cannot be determined based on the
invoice) subtracting the maximum price of the property according to the standards
or norms issued or decided by competent authorities or persons;
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d) For the procurement of
working office or public service facility in excess of the prescribed the standards
or norms: The excess value is the difference between the actual area procured
and the prescribed usable area, multiplied by the average unit purchase price
as stated in the invoice or contract (if there is no invoice or the unit price
cannot be determined based on the invoice);
dd) Persons having the
power to impose penalties as prescribed in Article 29 and Article 30 of this
Decree shall determine the excess value as the basis for imposing penalties and
remedial measures in accordance with the Law on Handling of Administrative
Violations.”.
4. Clause 8 is amended as follows:
“Article 8. Penalties
for violations against regulations on allocation and use of public property,
and for destruction or intentional damage to public property
1. A fine ranging from VND 1.000.000 to VND 5.000.000 shall be
imposed for commission of one of the following violations:
a) Failing to transfer
property, as decided by a competent authority or person, to the receiving
agency, organization, or unit within the prescribed time limit;
b) Failing to receive
property, as decided by a competent authority or person, to the transferring
agency, organization, or unit within the prescribed time limit.
2. The following fines shall be imposed for transferring public
property without a property allocation decision issue by a competent authority
or person as prescribed by law, or transferring public property against the
property allocation decision issue by a competent authority or person in terms
of receiving entity, type and quantity of property (calculated per property
item):
a) A fine ranging from VND
2.000.000 to VND 5.000.000 shall be imposed for the violation involving
property value of less than VND 50.000.000;
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c) A fine ranging from VND
10.000.000 to VND 20.000.000 shall be imposed for the violation involving
property value of VND 75.000.000 or more.
3. The following fines shall be imposed upon an organization
for inaccurately declaring the demand for or actual status of property when
preparing an application for property allocation, thereby causing a competent
authority or person to decide on the allocation of public property in excess of
the prescribed standards or norms (either area, quantity, or price is exceeded
as determined per allocated property):
a) A fine ranging from VND
2.000.000 to VND 5.000.000 shall be imposed for the violation involving an
excess value of less than VND 50.000.000;
b) A fine ranging from VND
5.000.000 to VND 10.000.000 shall be imposed for the violation involving an
excess value of from VND 50.000.000 to under VND 75.000.000;
c) A fine ranging from VND
10.000.000 to VND 20.000.000 shall be imposed for the violation involving an
excess value of VND 75.000.000 or more.
4. The following fines shall be imposed upon an organization
for using public property for improper purposes (using public property
invested, equipped, or procured for purposes or uses other than the intended
ones (unless the property is repurposed under a decision issued in accordance
with regulations); using working office or public service facility for
residential purpose or other personal purposes; using cars to take officials
from their residences to workplace while they are ineligible for this regime;
using cars to serve work trips of officials who are ineligible for this regime;
using cars, machinery, equipment, or other property for personal purposes):
a) A fine ranging from VND
5.000.000 to VND 10.000.000 shall be imposed for the violation involving public
property which is machinery, equipment, or other property other than those
specified in point b of this clause;
b) A fine ranging from VND
10.000.000 to VND 20.000.000 shall be imposed for the violation involving
public property which is working office, public service facility, or car.
5. The following fines shall be imposed upon an entity for
destroying or intentionally damaging public property, if not liable to criminal
prosecution:
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b) A fine ranging from VND
5.000.000 to VND 10.000.000 shall be imposed for intentionally damaging
property which is machinery, equipment, or other property other than those
specified in point c of this clause, and is worth VND 50.000.000 or more;
c) A fine ranging from VND
10.000.000 to VND 20.000.000 shall be imposed for intentionally damaging
property which is working office, public service facility, or car.
6. Remedial measures:
a) The violating entity is
compelled to submit additional and complete documents as prescribed by the law
on public property in case of commission of the violation in Clause 2 of this
Article;
b) The violating entity is
compelled to return an amount equivalent to the value of property in case of
commission of the violation in Clause 3 of this Article. Such an amount equivalent to the value of property is the
value of property allocated in excess of the prescribed standards or norms;
c) The violating entity is
compelled to restore the property to its original conditions prior to the
violation in case of commission of the violation in Clause 5 of this Article.
7. Determination of the value of property allocated in excess
of the prescribed standards or norms (“excess value”) as the basis for imposing
penalties for the violation in clause 3 of this Article and executing the
remedial measure prescribed in point b clause 6 of this Article is outlined as
follows:
a) For the allocation of
property that is car, machinery, equipment, or other property other than
working office or public service facility, in excess of the prescribed
quantity: The excess value is determined by multiplying the excess quantity of
the property by the residual value of property recorded in accounting books.
Where the residual value is zero (=0), the excess value shall be equal to 20%
of the historical costs of property.
Where the property has not
been monitored or recorded in accounting books, its residual value shall be
determined on the basis of its origin and relevant records and documents (if any)
in accordance with regulations of law on management regimes, depreciation and
amortization applicable to such property type.
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b) For the allocation of
property that is car, machinery, equipment, or other property other than
working office or public service facility, with correct quantity but with
prices higher than the prescribed prices: The excess value shall be the
residual value of property recorded in accounting books subtracting the maximum
price of the property according to the standards or norms issued or decided by
a competent authority or person;
c) For the allocation of
property that is car, machinery, equipment, or other property other than
working office or public service facility, with both quantity and price exceeding
the prescribed standards or norms: The excess value is the sum of such excess
values determined in Points a and b of this Clause;
d) For the allocation of
property that is working office or public service facility: The excess value is
the difference between the actual area allocated and the prescribed usable
area, multiplied by the average unit purchase price as recorded in accounting
books; where the property has not been monitored or recorded in accounting
books, the excess value is the difference between the actual area allocated and
the prescribed usable area, multiplied by the unit price determined according
to the investment rate of a housing or structure with similar technical
standards announced by the Ministry of Construction applicable at the time of
commission of the violation;
dd) Persons having the
power to impose penalties as prescribed in Article 29 and Article 30 of this
Decree shall determine the excess value as the basis for imposing penalties and
remedial measures in accordance with the Law on Handling of Administrative
Violations.”.
5. Point a Clause 2 Article 9 is amended as follows:
“a) The violating
organization is compelled to return the property;”.
6. Article 10 is amended as follows:
“Article 10. Penalties
for violations against regulations on gifting of public property
1. The following fines shall be imposed upon an entity for
gifting public property in contravention of regulations (including the use of
public property as gifts in contravention of gift-giving regulations issued by
competent authorities or persons), if not liable to criminal prosecution:
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b) A fine ranging from VND
5.000.000 to VND 10.000.000 shall be imposed if the gifted property is worth
from VND 50.000.000 to under VND 75.000.000;
c) A fine ranging from VND
10.000.000 to VND 50.000.000 shall be imposed if the gifted property is worth
VND 75.000.000 or more.
2. Remedial measure: The violating entity is compelled to return the property.”.
7. Some
clauses of Article 12 are amended as follows:
a) Clause 1 is amended as
follows:
“1. The following fines
shall be imposed upon an entity for appropriating public property (including
the possession or use of public property without authorization from competent
authorities or persons), if not liable to criminal prosecution:
a) A fine ranging from VND
5.000.000 to VND 10.000.000 shall be imposed for the violation involving public
property which is machinery, equipment, or other property other than those
specified in point b of this clause;
b) A fine ranging from VND
10.000.000 to VND 20.000.000 shall be imposed for the violation involving
public property which is working office, public service facility, or car.”.
b) Point a Clause 3 is
amended as follows:
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8. Clause 4 Article 13 is amended as follows:
“4. Remedial measures:
a) The violating entity is
compelled to restore the property to its original conditions prior to the
violation in case of commission of the violation in Clause 3 of this Article;
b) The violating entity is
compelled to submit additional and complete documents as prescribed by the law
on public property in case of commission of the violation in Clause 1 of this
Article;
c) The violating entity is
compelled to return illicit gains obtained from the violation in clause 1 or
clause 3 of this Article.
Illicit
gains shall be total amount of money obtained by the violating organization
from the administrative violation prescribed in Clause 1 or 3 of this Article,
after deduction of reasonable and legitimate expenses (including depreciation
of fixed assets; costs of property valuation, appraisal, and auction; costs of
selecting joint venture or cooperation partners; management and operating
expenses incurred during the period of commercial operation or business, lease,
or engagement in joint venture, or cooperation; and any amounts already paid in
discharge of financial obligations to the State), as evidenced by invoices and
supporting documents provided by the violating organization in accordance with
applicable regulations. The head of the violating organization shall assume
responsibility for the legitimacy and validity of the declared expenses and
invoices/supporting documents it provided.”.
9. Article 13a is added following
Article 13:
“Article
13a. Penalties for violations against regulations on commercial use of public
property by authorities, organizations and units
1. A fine ranging from VND 1.000.000 to VND 5.000.000 shall be
imposed upon an organization for putting public property into commercial use
without obtaining a decision on commercial use of public property issued by a
competent authority or person as prescribed.
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a) The
violating entity is compelled to submit additional and complete documents as
prescribed by the law on public property in case of commission of the violation
in Clause 1 of this Article;
b) The
violating entity is compelled to return any illicit gains obtained from the
violation in Clause 1 of this Article.
Illicit
gains shall be total amount of money obtained by the violating organization
from the administrative violation prescribed in Clause 1 of this Article, after
deduction of reasonable and legitimate expenses (including valuation costs;
auction costs; contractor selection costs; management and operating expenses
incurred during the period of commercial use; and any amounts already paid in
discharge of financial obligations to the State), as evidenced by invoices and
supporting documents provided by the violating organization in accordance with
applicable regulations. The head of the violating organization shall assume
responsibility for the legitimacy and validity of the declared expenses and
invoices/supporting documents it provided.”.
10. Clause 2 Article 14 is
amended as follows:
“2.
Remedial measures: The violating entity is compelled to return an amount
equivalent to the value of property. Determination
of such amount equivalent to the value of property involving in the violation
in Clause 1 of this Article shall be outlined as follows:
a) If the public property
is damaged beyond remediation as a result of failure to carry out maintenance
or repair as prescribed, the amount payable shall be equal to the purchase
price of a new property of the same category or with similar standards and uses
available on the market, multiplied by the residual value ratio as recorded in
accounting books at the time a competent authority or person detects the
violation. Where the residual value is zero (= 0), the amount payable shall be
equal to 20% of the purchase price of a new property of the same category or
with similar standards and uses available on the market;
b) If the
public property is damaged as a result of failure to carry out maintenance or
repair but remains remediable, the amount payable shall be equal to the costs
of repairing the property;
c) If the
public property is damaged as a result of failure to carry out maintenance or
repair in cases other than those specified in points a and b of this
clause, the amount payable shall be equal to the annual depreciation
costs, multiplied by the period during which the property has not been
maintained or repaired (expressed in years).”.
11. Some clauses of Article 15 are amended as follows:
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“1. A
fine ranging from VND 1.000.000 to VND 5.000.000 shall be imposed for
commission of one of the following violations:
a)
Failing to make declaration or plan for rearrangement or disposition of public
property as regulated by law;
b)
Failing to submit reports requesting a competent authority or person to
consider issuing a decision on disposition of public property upon the
satisfaction of regulatory requirements (unless public property has reached the
end of its prescribed useful life under applicable law but remains usable and
continues to be used by the relevant authority, organization, or entity).”.
b) Clause
5 is amended as follows:
“5.
Remedial measures:
a) The
violating entity is compelled to return the property in case of commission of
the violation in clause 2 of this Article;
b) The
violating entity is compelled to submit additional and complete documents as
prescribed by the law on public property in case of commission of the violation
in Clause 3 of this Article.”.
12. Some points and
clauses of Article 16 are amended as follows:
a) Point b clause 1 is
amended and point c clause 1 is added as follows:
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c) Failure of an
organization to receive property subject to a decision on recovery or transfer
of property to local authority for management and disposition from the
transferring authority, organization, or unit, within the prescribed time
limit.”.
b) Clause 4 is amended as
follows:
“4. The following fines
shall be imposed upon an organization for failing to carry out valuation to
form the basis for determining the starting price or the posted selling price
of public property, or the price for direct sale of public property; or failing
to conduct property auction in cases where the disposition of property requires
property auction under applicable law:
a) A fine ranging from VND
5.000.000 to VND 10.000.000 shall be imposed for failing to carry out valuation;
b) A fine ranging from VND
10.000.000 to VND 20.000.000 shall be imposed for failing to carry out property
auction.”.
13. Point c Clause 3 Article 17 is amended as follows:
“c) The violating entity
is compelled to adjust and provide additional data, information, and
declaration reports on public property;”.
14. Clause 6 Article 20 is amended as follows:
“6. Remedial measures:
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b) The violating entity is
compelled to restore the property to its original conditions which have been
changed or altered by the violation in point b Clause 2 of this Article.”.
15. Some
points and clauses of Article 21 are amended as follows:
a) Point a Clause 1 is
amended as follows:
“b) Failing to transfer
property to specialized authorities for custody in accordance with
regulations.".
b) Clause 3 is amended as
follows:
“3. Remedial measures:
a) The violating entity is
compelled to return the property in case of commission of the violation in
point a clause 2 of this Article;
b) The violating entity is
compelled to restore the property to its original conditions which have been
changed or altered by the violation in point b Clause 2 of this Article.”.
16. Some
clauses of Article 22 are amended as follows:
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“1. A fine ranging from
VND 1.000.000 to VND 5.000.000 shall be imposed upon an organization for
failing to propose a plan for disposition of property under established public
ownership; or to submit such plan to a competent authority or person within the
prescribed time limit.
2. A fine ranging from VND 1.000.000 to VND 5.000.000 shall be
imposed upon an organization for:
a) Failing to formulate a
plan for disposition of property under established public ownership for
submission to a competent authority or person to seek their approval within the
prescribed time limit;
b) Disposing of property
under established public ownership without obtaining a decision on approval for
the property disposition plan issued by a competent authority or person as
prescribed.”.
b) Clause 4 is added as
follows:
“4. Remedial measure: The violating entity is compelled to submit additional and
complete documents as prescribed by the law on public property in case of
commission of the violation in point b Clause 2 of this Article.”.
17. Clause 4 Article 24 is amended as follows:
“4. Remedial measures:
a) The violating entity is
compelled to return the property in case of commission of the violation in
clause 1 of this Article;
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Illicit gains shall be
total amount of money obtained by the violating organization from the
administrative violation prescribed in Clause 1 or 3 of this Article, after
deduction of reasonable and legitimate expenses (including costs of inventory,
determination of the starting price, organization of auction for lease or
fixed-term transfer of rights to operate property, or transfer of
fee-collection rights; costs of custody and safekeeping of property during the
process of selecting organization or enterprise to take charge of operation of
property, and any amounts already paid in discharge of financial obligations to
the State), as evidenced by invoices and supporting documents provided by the
violating organization in accordance with applicable regulations. The head of
the violating organization shall assume responsibility for the legitimacy and
validity of the declared expenses and invoices/supporting documents it
provided.”.
18. Article 24a is added following Article 24:
“Article 24a. Penalties
for violations against regulations on transfer of infrastructure property, and
for failure to establish infrastructure property management and accounting
records
1. A fine ranging from VND 1.000.000 to VND 5.000.000 shall be
imposed upon an organization for:
a) Transferring
infrastructure property to an authority, organization, or unit for management
without a decision issued by a competent authority or person in accordance with
regulations of law on management and use of public property;
b) Failing to establish
infrastructure property management and accounting records.
2. Remedial measures:
a) The violating entity is
compelled to submit additional and complete documents as prescribed by the law
on public property in case of commission of the violation in Clause 1 of this
Article;
b) The violating entity is
compelled to return any illicit gains obtained from the violation in Clause 1
of this Article. Determination of such illicit gains shall comply with
provisions of clause 4 Article 24 of this Decree.”.
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a) Point a Clause 1 is
amended as follows:
“b) Failing to submit
reports requesting a competent authority or person to consider issuing a
decision on disposition of infrastructure property upon the satisfaction of
regulatory requirements (unless infrastructure property has reached the end of
its prescribed useful life under applicable law but remains usable and
continues to be used by the property-managing entity);”.
b) Clause 4 is amended as
follows:
“4. Remedial measures:
a) The violating entity is
compelled to return the property in case of commission of the violation in
point a clause 2 of this Article;
b) The violating entity is
compelled to submit additional and complete documents as prescribed by the law
on public property in case of commission of the violation in Clause 3 of this
Article.”.
20. Clause 1 Article 28 is amended as follows:
“1. The following persons
shall have the power to make records of administrative violations against
regulations on management of public property:
a) The persons that have
the power to impose penalties for administrative violations against regulations
on management of public property prescribed in Article 29 and Article 30 of
this Decree;
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c) Inspectors; heads of
inspection teams during inspection periods.”.
21. Article 30 is amended as follows:
“Article 30. Power to
impose penalties of title holders in field of management of public property
1. Director General of Public Asset Management Department;
heads of organizations affiliated to Ministries or ministerial agencies
assigned to perform examination tasks within the scope of their state
management; heads of examination teams established by Ministers or heads of
ministerial agencies, shall have the power to:
a) Issue warning;
b) Impose a fine up to VND
100.000.000;
c) Confiscate the exhibits
and instrumentalities used for committing administrative violations;
d) Impose the remedial
measures specified in Clause 3 Article 4 of this Decree.
2. Directors of
provincial-level Departments; heads of examination teams established by heads
of organizations affiliated to Ministries or ministerial agencies assigned to
perform their state management tasks, shall have the power to:
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b) Impose a fine up to VND
80.000.000;
c) Confiscate the exhibits
and instrumentalities used for committing administrative violations;
d) Impose the remedial
measures specified in Clause 3 Article 4 of this Decree.”.
22. Point c Clause 1 Article 50 is added as follows:
“c) Inspectors; heads of
inspection teams during inspection periods.”.
23. Clause 1 Article 51 is amended as follows:
“1. Chairpersons of
commune-level People’s Committees shall have the power to:
a) Issue warning;
b) Impose a fine up to VND
50.000.000;
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d) Impose the remedial
measures specified in Clause 5 Article 4 of this Decree.”.
24. Article 52 is amended as follows:
“Article 52. Power to
impose penalties of title holders in field of national reserves
1. Heads of organizations
affiliated to Ministries or ministerial agencies assigned to perform
examination tasks within the scope of their state management; heads of
examination teams established by Ministers or heads of ministerial agencies,
shall have the power to:
a) Issue warning;
b) Impose a fine up to VND
100.000.000;
c) Confiscate the exhibits
and instrumentalities used for committing administrative violations;
d) Impose the remedial
measures specified in Clause 5 Article 4 hereof.
2. Heads of examination
teams established by heads of organizations affiliated to Ministries or
ministerial agencies assigned to perform their state management tasks shall
have the power to:
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b) Impose a fine up to VND
80.000.000;
c) Confiscate the exhibits
and instrumentalities used for committing administrative violations;
d) Impose the remedial
measures specified in Clause 5 Article 4 of this Decree.”.
25. Article 54 is amended as follows:
“Article 54. Violations
against regulations on state budget expenditures included in state budget
estimates allocated by competent authorities
1. A fine ranging from VND
2.000.000 to VND 3.000.000 shall be imposed upon an organization for committing
one of the following violations:
a) Preparing and sending
payment requests to the State Treasury for funding for expenses or tasks which
are not defined in a state budget estimate approved by a competent authority;
b) Preparing and sending
payment requests to the State Treasury for funding for covering expenditures
beyond the state budget estimate or the annual funding plan approved by a
competent authority or in excess of approved estimated expenditures (with
respect to tasks performed without contracts);
c) Preparing and sending
payment requests to the State Treasury for funding for covering expenditures
which are not conformable with the state budget estimate allocated by a
competent authority (including expenditures charged to incorrect funding
sources; expenditures for purposes, beneficiaries, or spending items
inconsistent with the approved estimate); expenditures charged to incorrect
sources of funding for investment or expenditures for projects other than those
included in the list of projects approved by a competent authority.
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3. Remedial measure:
Enforced recovery of
amounts already disbursed based on payment requests submitted to the State
Treasury for payment for the workload that does not meet payment requirements.”.
26. Article 55 is amended as follows:
Article 55. Preparation
of payment requests in contravention of regulations, or payment terms and
conditions set out in relevant contracts and their appendices
1. A fine ranging from VND
3.000.000 to VND 5.000.000 shall be imposed upon an organization for preparing
and sending payment requests to the State Treasury for expenditures that are
inconsistent with the payment terms and conditions stated in contracts or
contract appendices between the budget-estimating unit or employer and the
supplier of goods or services, including any of the following terms and
conditions:
a) Account name and number;
b) Contract value;
c) Payment schedule;
d) Method of payment;
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e) Other payment terms stated
in the contract and its appendices.
2. A fine ranging from VND
4.000.000 to VND 7.000.000 shall be imposed upon an organization for committing
one of the following violations:
a) Preparing and sending
payment requests to the State Treasury for expenditures that do not comply with
prescribed standards applicable to title/position holders or eligible
beneficiaries;
b) Preparing and sending
payment requests to the State Treasury for expenditures exceeding prescribed
norms in terms of quantity or value;
c) Preparing and sending
payment requests to the State Treasury for expenditures that are not in
compliance with applicable spending regimes (i.e., expenditures that do not
satisfy the payment requirement or principles governing such spending).
Where an organization
procures or leases State property in excess of the standards or norms
prescribed by a competent authority, it shall be liable to penalties imposed in
accordance with Articles 6 and 7 of this Decree.
3. Remedial measure:
Enforced recovery of amounts
already disbursed for covering expenditures unconformable with the payment
terms and conditions set out in the relevant contracts and their appendices as
prescribed in points a, b and dd clause 1 of this Article, and amounts already
disbursed based on payment requests prepared in contravention of regulations
prescribed in clause 2 of this Article.”.
27. Article 56 is amended as follows:
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1. A fine ranging from VND
2.000.000 to VND 4.000.000 shall be imposed for preparing and sending to the
State Treasury payment requests which are inconsistent with original documents,
invoices and vouchers kept at the entity.
2. A fine ranging from VND
10.000.000 to VND 15.000.000 shall be imposed upon an organization for
preparing and sending a falsified payment request to the State Treasury for
disbursement of funding or payment of recurrent expenditures, expenditures
under national target programs, or target programs funded by sources of funding
for non-profit activities (excluding expenditures for repair, renovation,
upgrading, expansion, or construction of works or work items under investment
projects funded by sources of funding for recurrent expenditures with a total
investment of VND 500.000.000 or more).
3. A fine ranging from VND
30.000.000 to VND 50.000.000 shall be imposed upon an organization for
preparing and sending a falsified payment request to the State Treasury for
disbursement of state budget-derived investment funding, or for expenditures
for repair, renovation, upgrading, expansion, or construction of works or work
items under investment projects funded by sources of funding for recurrent
expenditures with a total investment of VND 500.000.000 or more.
4. Remedial measure:
Enforced recovery in full
of amounts already disbursed based on falsified payment requests, and amounts
already disbursed inconsistently with the contents of original
documents/invoices/vouchers kept at the entity, if not liable to criminal
prosecution as prescribed in clauses 1, 2 and 3 of this Article.”.
28. Article 59 is amended as follows:
“Article 59. Violations
against regulations on time limits for settlement to recover funding advanced
by state budget
1. A fine ranging from VND
1.000.000 to VND 2.000.000 shall be imposed upon an organization for failing to
carry out settlement for recovery of advanced funding in respect of state
budget-derived investment funding, or funding for covering expenditures for
repair, renovation, upgrading, expansion, or construction of works or work
items under investment projects funded by sources of funding for recurrent
expenditures with a total investment of VND 500.000.000 or more, through
payments of completed workloads of contracts under specific provisions of
contracts and their appendices.
2. A fine ranging from VND
2.000.000 to VND 4.000.000 shall be imposed upon an organization for committing
one of the following violations:
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b) Failing to carry out
settlement for recovery in full of advanced funding in respect of state
budget-derived investment funding, or funding for covering expenditures for
repair, renovation, upgrading, expansion, or construction of works or work
items under investment projects funded by sources of funding for recurrent
expenditures with a total investment of VND 500.000.000 or more, when the
disbursed amount (including advanced funding and payments for completed
workloads) reaches 80% of the contract value (excluding funding for covering
compensation, support, and resettlement costs; project management costs; and
costs of procurement of machinery and equipment which are not governed as
construction contracts as prescribed by the law on construction);
c) Failing to carry out
settlement for recovery of advanced funding for covering compensation, support,
and resettlement costs, or carrying out such settlement beyond the prescribed
time limit.
3. Remedial measure:
Enforced recovery of
advanced funding in cases of failure to carry out settlement for recovery of
advanced funding in accordance with regulations, or failure to recover in full
the state budget-advanced funding amounts which have been overdue but not yet recovered
as prescribed.”.
29. Article 60 is amended as follows:
“Article 60. Violations
against regulations on registration and use of accounts opened at State
Treasury
1. A fine ranging from VND
1.000.000 to VND 2.000.000 shall be imposed for committing the following
violations against regulations on registration and use of accounts opened at
the State Treasury:
a) Leasing or lending an
account;
b) Failing to submit
account balance reconciliation and confirmation documents to the State Treasury
where the account is maintained within the prescribed time limit.
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Enforced freezing or
closure of accounts in case of commission of the violation in point a clause 1
of this Article.".
30. Article 62 is amended as follows:
“Article 62. Power to
make records of administrative violations against regulations on state treasury
1. The following persons
shall have the power to make records of administrative violations against
regulations on state treasury:
a) The persons that have
the power to impose penalties for administrative violations against regulations
on state treasury prescribed in Article 64 of this Decree;
b) Officials assigned to
perform account balance reconciliation and confirmation tasks; disburse funding
for covering state budget expenditures through the State Treasury;
c) Officials of the State
Treasury who are heads or members of specialized examination teams.
2. The persons having the
power to make records of violations prescribed in clause 1 of this Article
shall issue penalty imposition decisions within their competence or transfer
such records to competent authorities prescribed in Article 64 of this Decree
for issuing penalty imposition decisions.”.
Article
2. Addition, replacement and abrogation of some words, phrases, points, clauses
and Articles of the Government’s Decree No. 63/2019/ND-CP dated July 11, 2019
prescribing penalties for administrative violations against regulations on
management of public property, thrift practice and wastefulness combat,
national reserve, and state treasury, as amended by the Government’s Decree No.
102/2021/ND-CP dated November 16, 2021
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a) The phrase “trực tiếp tổ
chức thực hiện khai thác,” (“directly organizing operation of,”) is added
before the phrase “cho thuê quyền khai thác,” (“leasing rights to operate,”) in
clause 1 Article 24.
b) The phrase “Tổ chức
chính trị - xã hội” (“Socio-political organizations”) is replaced with the
phrase “Mặt trận Tổ quốc Việt Nam (bao gồm cả tổ chức chính trị - xã hội và tổ
chức hội được Đảng, Nhà nước giao nhiệm vụ trực thuộc Mặt trận Tổ quốc Việt
Nam)” (“Vietnamese Fatherland Front (including socio-political organizations
and associations or societies affiliated to the Vietnamese Fatherland Front
that are assigned to perform tasks by the Communist Party or State of Vietnam)”
in point dd clause 2 Article 2; the phrase “ban đầu” (“original”) is replaced
by the phrase “trước khi xảy ra vi phạm” (“prior to the violation”) in point a
clause 3 Article 11; the phrase “bán, điều chuyển, thanh lý, tiêu hủy” (“sell,
transfer, liquidate, or destruct”) is replaced with the phrase “xử lý”
(“dispose of”) in point a, point b clause 3 Article 15, clause 3 Article 20;
the phrase “bán, Diều chuyển, thanh lý” (“sell, transfer, liquidate, or
destruct”) is replaced with the phrase “xử lý” (“dispose of”) in point c clause
3 Article 15; the phrase “cấp huyện” (“district-level”) is replaced with the
phrase “cấp xã” (“commune-level”) in heading of clause 1 Article 29, heading of
clause 1 Article 38; the phrase “Tổng Giám đốc Kho bạc Nhà nước” (“General
Director of the State Treasury”) is replaced with the phrase “Giám đốc Kho bạc
Nhà nước” (“Director of the State Treasury”); the phrase “Giám đốc Kho bạc Nhà
nước tỉnh, thành phố trực thuộc trung ương” (“Director of the State Treasury of
province or central-affiliated city”) is replaced with the phrase “Giám đốc Kho
bạc Nhà nước khu vực” (“Director of regional State Treasury”) in Article 64;
the phrase “70.000.000 đồng” (“VND 70.000.000") is replaced with the
phrase “50.000.000 đồng” (“VND 50.000.000”) in point a clause 1 Article 64; the
phrase “lĩnh vực quản lý, sử dụng tài sản công” (“in field of management and
use of public property”) is replaced with the phrase “lĩnh vực quản lý tài sản
công” (“in field of management of public property”) in heading of the Decree,
heading of Chapter II, heading of Section 1, heading of Section 5 and in
Articles 1, 2, 3, 4.
c) The phrase “đầu tư,”
(“investment,”) in point c clause 2 Article 3; the phrase “đã xây dựng”
(“constructed”) in point b clause 3 Article 11; the phrase “xe ô tô;” (“car;”)
in point b clause 3 Article 13; the phrase “dẫn đến tài sản bị hư hỏng”
(“resulting in damage to property”) in heading of clause 1 Article 14; the phrase
“khoản 3) (“clause 3”) and the phrase “khoản 5” (“clause 5”) in clause 3
Article 18; the phrase “trao đổi,” (“exchange,”) in clause 3 Article 19; the
phrase “hư hỏng,” (“damage,”) in clause 2 Article 15, point a clause 2 Article
20, point a clause 2 Article 21, point a clause 2 Article 25, are abrogated.
2. Point a, point c clause 1 Article 7, clause 2 Article 13,
clause 6 Article 15, clause 2, clause 3 Article 16, point b clause 1 Article
17, clause 1, clause 2 Article 18, clause 2 Article 24, clause 2, clause 3,
clause 4 Article 26, Article 39, Article 53, Article 57, Article 58, and
Article 63, are abrogated.
Article
3. Transition
1. Administrative
violations in the field of management of public property, national reserves, or
State Treasury which have been committed before the effective date of this
Decree but have been detected afterwards or are put under consideration or
resolution shall be handled in accordance with provisions of this Decree.
2. If any legislative
documents referred to in this Decree are amended or replaced, such amendments
or replacements shall apply.
Article
4. Implementation
1. This Decree comes into
force from the date on which it is signed.
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3. Ministers, heads of
ministerial agencies, heads of Governmental agencies, Chairpersons of People’s
Committees of provinces or central-affiliated cities, and relevant
organizations and individuals shall be responsible for the implementation of
this Decree.
ON BEHALF OF THE GOVERNMENT
PP. THE PRIME MINISTER
DEPUTY PRIME MINISTER
Ho Duc Phoc