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MINISTRY OF
FINANCE
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SOCIALIST
REPUBLIC OF VIETNAM
Independence – Freedom – Happiness
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No.:
29/2020/TT-BTC
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Hanoi, April 17,
2020
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CIRCULAR
GUIDANCE
ON PENALTIES FOR ADMINISTRATIVE VIOLATIONS AGAINST REGULATIONS ON MANAGEMENT
AND UTILIZATION OF PUBLIC PROPERTY
Pursuant to the Law on Penalties
for Administrative Violations dated June 20, 2012;
Pursuant to the Law on Management
and Utilization of Public Property dated June 21,
2017;
Pursuant to the Government’s
Decree No. 81/2013/ND-CP dated July 19, 2013 on guidelines and measures for implementation of the Law on Penalties for Administrative Violations;
Pursuant to the Government’s
Decree No. 97/2017/ND-CP dated August 18, 2017 on amendments to the
Government’s Decree No. 81/2013/ND-CP dated July 19, 2013 on guidelines and measures for implementation of the Law on Penalties for Administrative Violations;
Pursuant to the Government’s Decree No. 63/2019/ND-CP dated July 11, 2019 on
penalties for administrative violations against regulations on management and utilization of public property, thrift practice and wastefulness combat, national
reserve and state treasury;
Pursuant to the Government’s Decree
No. 87/2017/ND-CP dated July 26, 2017 defining Functions, Tasks, Powers and
Organizational Structure of the Ministry of
Finance;
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The Minister of Finance
promulgates a Circular providing guidance on penalties for
administrative violations against regulations on management and utilization of
public property.
Chapter I
GENERAL
PROVISIONS
Article 1. Scope
This Circular provides guidance on penalties
for administrative violations against regulations on management and utilization
of public property laid down in the Government’s Decree
No. 63/2019/ND-CP dated July 11, 2019 on penalties for administrative
violations against regulations on management and utilization of public property,
thrift practice and wastefulness combat, national reserve and state treasury
(hereinafter referred to as “Decree No. 63/2019/ND-CP”).
Article 2.
Regulated entities
1. Organizations and individuals that commit administrative
violations in the field of management and utilization of public property,
including:
a) Regulatory authorities;
b) Units affiliated to the People’s Armed Force;
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d) Agencies affiliated to the Communist Party of Vietnam;
dd) Socio-political organizations,
socio-political and professional organizations, social organizations,
socio-professional organizations and other organizations established under the
law on associations;
e) Enterprises and other organizations involved in
management and utilization of public property;
g) Individuals.
2. Persons that have the power to
impose administrative penalties, and organizations and individuals involved
in the imposition of administrative penalties for
violations in the field of management and utilization of public property in accordance with the Decree No. 63/2019/ND-CP.
Article 3. Principles for determining fines
Fines imposed on administrative violations in the
field of management and utilization of public property prescribed in Section 1
through 4 Chapter II of Decree No. 63/2019/ND-CP shall be determined according to the following principles:
1. The fine imposed on a violation without aggravating or mitigating factors is the average of the maximum
fine and minimum fine of the fine bracket for that
violation. Where mitigating factors are considered, the fine imposed on the
violation may be reduced but shall not be lower than the minimum fine of the
fine bracket for that violation; Where aggravating factors are considered, the
fine imposed on the violation may be increased but shall not exceed the maximum
fine of the fine bracket for that violation.
2. Aggravating and mitigating factors are defined
according to Article 9 and Article 10 of the Law on Penalties for Administrative
Violations dated June 20, 2012.
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GUIDANCE ON
PENALTIES FOR ADMINISTRATIVE VIOLATIONS AGAINST REGULATIONS ON MANAGEMENT AND
UTILIZATION OF PUBLIC PROPERTY
Article 4.
Violations against regulations on investment in and procurement of public
property prescribed in Article 6 of Decree No. 63/2019/ND-CP
1. The procurement of property without decision
issued by competent authorities or officials prescribed in Clause 1 Article 6
of Decree No. 63/2019/ND-CP is the
procurement performed without a Decision on procurement of public property
issued by a competent authority at the time of conclusion of the procurement
contract (where the conclusion of the procurement contract is required by law)
or at the date specified in the sales invoice (where the conclusion of the
procurement contract is not required by law). The authority competent to issue
decisions on procurement of public property is prescribed in the Law
on Management and Utilization of Public Property No.
15/2017/QH14 dated June 21, 2017 (hereinafter
referred to as “Law on Management and Utilization of Public Property”) and its guiding documents.
2. The violation of failure to apply
the centralized procurement method when purchasing
property on the list of property items subject to centralized
procurement method prescribed in Clause 2 Article 6 of Decree
No. 63/2019/ND-CP is determined in each procurement.
3. The investment in or procurement of property
beyond the limits imposed by competent authorities prescribed in Clause 3
Article 6 of Decree No. 63/2019/ND-CP is
the act of investment in construction of or procurement of property exceeding
the prescribed limits in terms of area (in respect of working offices and
public service facilities), or quantity or prices (in respect of means of
travel, machinery, equipment and other property).
Article 5.
Violations against regulations on lease of
property prescribed in Article 7 of Decree No. 63/2019/ND-CP
1. The lease of property without decisions on
property lease issued by competent authorities or officials prescribed in Point
a Clause 1 Article 7 of Decree No. 63/2019/ND-CP is the
conclusion of a property lease contract or actual use of leased property
without any decisions on property lease issued by competent authorities.
The authority competent to issue
decisions on property lease is prescribed in the Law on
Management and Utilization of Public Property and its guiding documents.
2. The lease of
property beyond the limits imposed by competent authorities prescribed in Point
b Clause 1 Article 7 of Decree No. 63/2019/ND-CP is the lease of property serving operations in excess of the
prescribed limits in terms of areas (in respect of working
offices and public service facilities), or quantity or prices (in respect of
means of travel, machinery, equipment and other property).
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1. Penalties shall be imposed on violations
against regulations on utilization of public property for business, leasing,
joint-venture or association purposes at public service providers,
socio-political organizations, socio-political and professional organizations,
social organizations, socio-professional organizations and other organizations
established under the law on associations shall comply with the
provisions in Article 13 of Decree No. 63/2019/ND-CP.
Particularly, the utilization of property for production, business, leasing, joint-venture or association purposes at
regulatory authorities, units affiliated to the People’s Armed Force, agencies
affiliated to the Communist Party of Vietnam or units affiliated to socio-political organizations shall be penalized according to
Clause 2 Article 8 of Decree No. 63/2019/ND-CP.
2. The utilization of public property for business,
leasing, joint-venture or association purposes without
decisions issued by competent authorities or officials in accordance with the
Law on Management and Utilization of public property prescribed in Clause 1
Article 13 of Decree No. 63/2019/ND-CP is the utilization
of public property for business, leasing, joint-venture or
association purposes without decisions on approval for schemes on
utilization of public property for business, leasing,
joint-venture or association purposes issued by competent authorities at
the time of conclusion of business, lease, joint-venture or association
contracts or at the time of actual utilization of public property.
Article 7.
Violations against regulations on access to and use of public property data prescribed in Article 17 of Decree No. 63/2019/ND-CP
The use of public property data on the national
public property database for personal purposes without permission from the
database management authority prescribed in Point d Clause 2 Article 17 of
Decree No. 63/2019/ND-CP is the use of information on the
national public property database for purposes other than those prescribed in
the Circular No. 67/2018/TT-BTC dated August 06, 2018 of
the Ministry of Finance on management, operation, exchange
and use of information on national public property database without the
permission from the database management authority.
Article 8.
Violations against regulations on equipment and provision of property of
state-funded projects prescribed in Article 18
of Decree No. 63/2019/ND-CP
1. The procurement of property
without decisions issued by competent authorities
prescribed in Clause 1 Article 18 of Decree No. 63/2019/ND-CP is the
procurement performed without a Decision on equipment and provision of property issued by a competent authority as prescribed in
the Law on management, utilization and disposal of property of state-funded
projects at the time of conclusion of the procurement contract
(where the conclusion of the procurement contract is required by law) or at the
date specified in the sales invoice (where the conclusion of the
procurement contract is not required by law).
2. The violation of failure to apply
the centralized procurement method when purchasing property on the list of
property items subject to centralized procurement method
prescribed in Clause 2 Article 18 of Decree No. 63/2019/ND-CP is determined in
each procurement.
3. The violation of procurement of property
exceeding the limits imposed by competent authorities prescribed in Clause 3
Article 18 of Decree No. 63/2019/ND-CP shall be determined
according to Clause 3 Article 4 of this Circular.
4. The violation of lease of property to serve management tasks of state-funded projects prescribed
in Clause 4 Article 18 of Decree No. 63/2019/ND-CP shall
be determined according to Article 5 of this Circular. The value of a property
lease contract which is used as the basis for penalty imposition
shall be determined according to Clause 4 Article 7 of Decree No. 63/2019/ND-CP.
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1. The allocation of property of state-funded
projects beyond the limits prescribed in Clause 1 Article 19 of Decree No. 63/2019/ND-CP is the allocation of property of a state-funded
project to eligible individuals or units in excess of the
prescribed limits in terms of areas (in respect of working
offices and public service facilities), or quantity or prices (in respect of
means of travel, machinery, equipment and other property).
2. The exchange of property of
state-funded projects inconsistently with regulations prescribed in
Clause 3 Article 19 of Decree No. 63/2019/ND-CP
is the exchange of public property of an organization for the property of
another organization or individual without permission from a competent
authority.
3. The appropriation of property of
state-funded projects prescribed in Clause 5
Article 19 of Decree No. 63/2019/ND-CP which
will be penalized is the act of holding and using public property without
permission from a competent authority if not liable to criminal prosecution.
4. The violation against
regulations on use of property of state-funded projects for business, leasing,
joint-venture or association purposes prescribed in Clause 6 Article 19 of Decree No. 63/2019/ND-CP shall be
determined according to Clause 2 Article 6 of this Circular.
Diều 10. Violations
against regulations on disposal of property of state-funded projects prescribed
in Article 20 of Decree No. 63/2019/ND-CP
1. The act of failure to request competent
authorities to establish all-people ownership of property transferred by
project experts or supervision consultancy contractors to Vietnam Government
prescribed in Point b Clause 1 Article 20 of Decree No. 63/2019/ND-CP
is the act of failure to carry out procedures for establishing all-people
ownership of such property within the relevant time limit prescribed in Decree
No. 29/2018/ND-CP dated March 05, 2018 prescribing
procedures for establishing all-people ownership of property and disposal of
property under established all-people ownership.
2. The act of selling, transferring, liquidating or
destroying property without decisions issued by competent authorities
prescribed in Clause 3 Article 20 of Decree No. 63/2019/ND-CP
is the failure to obtain a decision issued by a competent authority in
accordance with the Law on management and disposal of property of state-funded
projects at the time of selling, transferring, liquidating or destroying such
property.
Chapter III
IMPLEMENTION
PROVISIONS
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1. This Circular comes into force
from June 02, 2020.
2. This Circular supersedes
the Circular No. 07/2014/TT-BTC dated
January 14, 2014 of the Ministry of Finance elaborating
and guiding the imposition of penalties for administrative violations against
regulations on management and utilization of state-owned property under the
Government’s Decree No. 192/2013/ND-CP dated November 21,
2013.
3. If legislative documents referred to in this Circular are amended
or superseded, the new ones shall apply.
4. Difficulties that arise during the
implementation of this Circular should be promptly reported to the Ministry of
Finance for consideration./.
PP. MINISTER
DEPUTY MINISTER
Tran Xuan Ha