MINISTRY OF FINANCE OF VIETNAM
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SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom – Happiness
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No. 17/VBHN-BTC
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Hanoi, September 05, 2022
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DECREE [1]
PENALTIES FOR ADMINISTRATIVE VIOLATIONS AGAINST REGULATIONS ON
MANAGEMENT AND USE OF PUBLIC PROPERTY, THRIFT PRACTICE AND WASTEFULNESS COMBAT,
NATIONAL RESERVE AND STATE TREASURY
Decree No.
63/2019/ND-CP dated July 11, 2019 of the Government on penalties for
administrative violations against regulations on management and use of public
property, thrift practice and wastefulness combat, national reserve and state
treasury, which comes into force from September 01, 2019, is amended by:
Decree No.
102/2021/ND-CP dated November 16, 2021 of the Government on amendments to some
Articles of Decrees on penalties for administrative violations against
regulations on tax and invoicing; customs; insurance business and lottery
business; management and use of public property, thrift practice and
wastefulness combat; national reserve; state treasury; accounting and
independent audit, which comes into force from January 01, 2022.
Pursuant to the
Law on Government Organization dated June 19, 2015;
Pursuant to the
Law on Penalties for administrative violations dated June 20, 2012;
Pursuant to the
Law on Management and Use of Public Property dated June 21, 2017;
Pursuant to the
Law on State Budget dated June 25, 2015;
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Pursuant to the
Law on National Reserve dated November 20, 2012;
At the request
of the Minister of Finance;
The Government
hereby promulgates a Decree on penalties for administrative violations against
regulations on management and use of public property, thrift practice and
wastefulness combat, national reserve and state treasury.[2]
Chapter I
GENERAL PROVISIONS
Article 1.
Scope
1. This Decree
deals with violations, penalties, fines, remedial measures against
administrative violations, the power to make records of administrative violations
and the power to impose penalties against administrative violations in the
following fields:
a) Management and
use of public property in authorities and organizations, property of
state-funded projects, property under the established public ownership and
infrastructure property invested and managed by the State;
b) Thrift practice
and wastefulness combat;
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d) State Treasury.
2. Administrative
violations against regulations on management and use of public property, thrift
practice and wastefulness combat, national reserve or state treasury with
respect to accounting, construction, planning and investment, valuation,
auction and regulations other than those specified in Clause 1 of this Article
shall be considered in accordance with relevant law provisions.
Article 2.
Regulated entities
1. Organizations
or individuals committing administrative violations against regulations on
management and use of public property, thrift practice and wastefulness combat,
national reserve and state treasury.
2. The
organizations prescribed in Clause 1 of this Article include:
a) Regulatory
authorities;
b) Units
affiliated to the People’s Armed Force;
c) Public service
providers;
d) Agencies
affiliated to the Communist Party of Vietnam;
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e) Other involved
enterprises, organizations and individuals.
3. Persons that
have the power to impose administrative penalties, and organizations and
individuals related to the imposition of administrative penalties in accordance
with regulations herein.
4.
In case an on-duty official or public employee commits a violation which
relates to his/her assigned tasks as prescribed in relevant legislative
documents or administrative documents issued by competent authorities or
officers, he/she shall not incur administrative penalties according to
regulations herein but shall suffer punishment in accordance with regulations
of the Law on officials and public employees.
A regulatory
authority that commits a violation relating to its assigned state management
tasks shall not face administrative penalties according to regulations herein
but shall suffer punishment in accordance with relevant law provisions.
Article 3. Prescriptive time limits for imposing penalties for
administrative violations[3]
1. The prescriptive time limits for imposing penalties for
administrative violations against regulations on management and use of public
property; thrift practice and wastefulness combat; national reserve; state
treasury specified in this Decree shall be 01 year. The prescriptive time
limits for imposing administrative violations relating to public property being
house, land and infrastructure property invested in and managed by the State
shall be 02 years.
2. The dates which are used to determine the prescriptive time
limits for imposing penalties for administrative violations against regulations
on management and use of public property are as follows:
a) For a completed administrative violation, the prescriptive time
limit begins from the date on which that violation terminates;
b) For an in-progress administrative violation, the prescriptive
time limit begins from the date on which that violation is detected;
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d) The administrative violations against regulations on lease of
property specified in Article 7 of this Decree shall be completed ones in case
where the property has been leased and put into use; and shall be treated as
in-progress ones in the remaining cases;
dd) The administrative violations against regulations on encroaching
upon working offices or public service facilities specified in Article 11 of
this Decree shall be determined as follows:
- The adjacent land user’s act of deliberately moving boundary
markers of its/his/her land plot with the aim of expanding land area or
building a work encroaching upon the land area of a working office or public
service facility, regulatory authority, organization or unit shall be treated
as a completed administrative violation; treated as an in-progress violation in
the remaining cases.
- The organization’s or individual’s act of using the house or land
area of the working office or public service facility, regulatory authority,
organization or unit without permission shall be treated as an in-progress
administrative violation.
e) The in-progress administrative violations against regulations on
management and use of public property are the ones specified in Articles 8, 9,
10, 12, 13, 14, 15, 16, 17, 20, 21, 22, 23, 24, 25 and 26 of this Decree.
3. The ending dates of in-progress and completed administrative
violations which are used to determine the prescriptive time limits for
imposing penalties for administrative violations against regulations on thrift
practice and wastefulness combat are prescribed as follows:
a) The administrative violation specified in Clause 2 Article 31 of
this Decree shall be treated as a completed one if the property has been
completely procured and transferred to an organization, regulatory authority or
unit for management and use; and shall be treated as an in-progress one in the
remaining cases;
b) The administrative violation specified in Clause 2 Article 32 of
this Decree shall be treated as a completed one if the act of using state
budget-derived fund for improper purposes or inconsistently with its principles
is completed; and shall be treated as an in-progress one in the remaining
cases;
c) The administrative violation specified in Clause 2 Article 32 of
this Decree shall be treated as a completed one if the act of using state
budget-derived fund in a wasteful manner that is inconsistent with standards,
technical regulations or beyond the prescribed limits is completed; and shall
be treated as an in-progress one in the remaining cases;
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dd) The administrative violation specified in Clause 2 Article 33 of
this Decree shall be treated as a completed one if the act of extracting and
using of natural resources inconsistently with planning or procedures is
completed; and shall be treated as an in-progress one in the remaining cases;
e) The administrative violation specified in Clause 1 Article 35 of
this Decree shall be treated as a completed one if the act of causing
wastefulness upon management of a working office or public service facility is
completed; and shall be treated as an in-progress one in the remaining cases;
g) The administrative violation against regulations on procurement
of assets or materials in a state-funded single-member limited liability
company specified in Clause 2 or 3 Article 36 of this Decree shall be treated
as a completed one if the asset procurement is completed; and shall be treated
as an in-progress one in the remaining cases;
h) The in-progress administrative violations against regulations on
thrift practice are the violations specified in Clause 1 Article 31, Clause 1,
Clause 4 Article 36 of this Decree; the violations against regulations on
management and use of capital of state-funded single-member limited liability
companies specified in Clause 2 Article 36 of this Decree; the violations
against regulations on management and use of assets and materials specified in
Clause 2, Clause 3 Article 36 of this Decree.
4. The ending dates of in-progress and completed administrative
violations which are used to determine the prescriptive time limits for
imposing penalties for administrative violations against regulations on
national reserve are prescribed as follows:
a) The administrative violations treated as in-progress ones are
those specified in Article 41, Article 42, Article 47, Points b and c Clause 3
Article 48 and Article 49 of this Decree;
b) Except the
administrative violations specified in Point a of this Clause, the remaining
administrative violations shall be treated as completed ones.
5. The ending
dates of the administrative violations against regulations on state treasury
are prescribed as follows:
a) The ending dates of the administrative violations specified in
Article 54, Article 57, Article 58, Article 59 and Article 60 of this Decree
are the dates on which the documents are submitted to the State Treasury;
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Article 4.
Penalties and remedial measures
1. Principal
penalties:
a) Principal
penalties prescribed in this Decree include warnings and fines;
b) The maximum
fine for committing a violation against regulations on management and use of
public property, national reserve and state treasury is VND 50,000,000 if it is
imposed upon an individual or VND 100,000,000 if it is imposed upon an
organization. The maximum fine for committing a violation against regulations
on thrift practice and wastefulness combat is VND 100,000,000 if it is imposed
upon an individual or VND 200,000,000 if it is imposed upon an organization.
2. Additional
penalties:
Depending on the
nature and severity of each administrative violation, the violator may be
liable to the additional penalty that is confiscation of exhibits and
instrumentalities for committing the violation.
3. Remedial measures
against violations against regulations on management and use of public
property:
Depending on the
nature and severity of each violation, the violator shall also be liable to one
or some of the following remedial measures:
a) Enforced
transfer of an amount of money equivalent to the value of property;
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c) Enforced return
of the property. The violator is compelled to restore original conditions of
property which has been damaged by the violation. In case of failure to restore
the original conditions of the property, the violator is required to pay an
amount of money equivalent to the value of property or provide another property
which has the same uses and value with the original property.
d) Enforced
demolition of the work constructed within encroached area of the working office
or public service facility;
dd) Enforced
invalidation of reports in case of commission of violations against regulations
on input and use of public property data;
e)
Enforced correction and/or addition of data, information and reports on public
property.
4. Remedial
measures against violations against regulations on thrift practice and
wastefulness combat:
Depending on the
nature and severity of each violation, the violator shall also be liable to one
or some of the following remedial measures:
a) Enforced return
of funding of a state budget-derived fund which has been used inconsistently
with its purposes or principles announced by a competent authority;
b) Enforced
transfer of illegal benefits, obtained from the use of a state budget-derived
fund inconsistently with its operating regulations or financial mechanism
promulgated by a competent authority, to the state budget-derived fund.
5. Remedial measures
against violations against regulations on national reserve:
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a) Enforced
transfer of illegal benefits obtained from commission of violations against
regulations on trading, storage, distribution and use of national reserves for
relief; warehousing and dispatching of national reserves; management of funding
and expenditures for national reserve activities; transaction, pledging,
mortgage and operation of property in national reserves;
b) Enforced
restoration to original conditions of technical facilities or warehouses for
storing national reserve goods;
c) Enforced return
of national reserves damaged by sabotage or commission of violations against
regulation on distribution and use of national reserves for relief;
d) Enforced
recovery of national reserves which have been dispatched or distributed
inconsistently with regulations;
dd) Enforced
restoration to original conditions of property which is national reserve
warehouse and has been illegally traded, pledged, mortgaged, leased or
operated.
6. Remedial
measures against violations against regulations on state treasury:
Depending on the
nature and severity of each violation, the violator shall also be liable to one
or some of the following remedial measures:
a) Enforced
recovery of amounts paid according to payment vouchers/documents for unexecuted
or uncompleted workloads that do not meet payment requirements and amounts paid
more than the value of contract or its appendix;
b) Enforced
recovery of amounts paid according to payment documents/vouchers which have
prepared inconsistently with regulations and amounts improperly paid according
to documents/vouchers whose contents are different from those on the original
documents/vouchers if not liable to criminal prosecution;
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d) Enforced
completion of payment documents/vouchers in accordance with regulations in case
of commission of regulations on payment for state budget expenditures;
dd) Enforced
making of payment commitments before requesting the State Treasury to make payments
using state budget or enforced completion of procedures for payment commitments
in case of commission of violations against procedures for payment commitments;
e) Enforced
completion of procedures for advanced payment in case of commission of violations
against procedures or time limits for advance funding of state budget;
g) Enforced
blockade or closing of account in case of commission of violations against
regulations on registration and use of accounts opened at state treasury;
enforced blockade of account in case of forging documents for registration of
account at state treasury if not liable to criminal prosecution.
7.[4]
Organizations or individuals incurring penalties as regulated herein shall not
use state budget or state budget-derived funding to pay fines and cover costs
of remedial measures, except for the case in Clause 8 Article 37 of the
Government's Decree No. 10/2021/ND-CP dated February 09, 2021 on management of
construction investment costs.
Article 5.
Imposition of fines[5]
1. The fines prescribed in Section 1, Section 2, Section 3 and
Section 4 Chapter II, Section 1 Chapter III, Section 1 Chapter IV, Section 1
and Section 2 Chapter V hereof are imposed upon organizations. The fine imposed
upon an individual shall be equal to a half of the fine imposed upon an
organization for committing the same violation (except provisions in Article
17, Article 23 and Article 27 hereof).
2. Upon imposing a fine, the specific amount of fine for an
administrative violation is the average of specific fines in the range for such
violation. For a mitigating circumstance that exists, the average fine for a
violation in the fine range shall be reduced by 10% provided that the fine
amount imposed for such violation is not lower than the minimum fine in that range.
Meanwhile, for an aggravating circumstance that exists, the average fine for a
violation in the fine range shall be increased by 10% provided that the fine
amount imposed for such violation is not greater than the maximum fine in that
range.
3. When
determining the fine amount imposed on an entity that commit an administrative
violation under both aggravating and mitigating circumstances, each mitigating
circumstance will cancel out an aggravating circumstance.
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ADMINISTRATIVE VIOLATIONS AGAINST
REGULATIONS ON MANAGEMENT AND USE OF PUBLIC PROPERTY, PENALTIES, FINES AND
REMEDIAL MEASURES
Section 1.
VIOLATIONS AGAINST REGULATIONS ON MANAGEMENT AND USE OF PUBLIC PROPERTY AT
REGULATORY AUTHORITIES, ORGANIZATIONS AND UNITS, AND FINES
Article 6. Violations
against regulations on investment in and procurement of public property
1. Fines shall be
imposed for investment in or procurement of property without a decision from a
competent authority or officer. To be specific:
a) A fine ranging
from VND 1,000,000 to VND 5,000,000 shall be imposed for investment in or
procurement of property that is machinery, equipment or other property (except
working office, public service facility and car) with total value of each
transaction not exceeding VND 100,000,000;
b) A fine ranging
from VND 5,000,000 to VND 10,000,000 shall be imposed for investment in or
procurement of property that is machinery, equipment or other property (except
working office, public service facility and car) with total value of each
transaction of VND 100,000,000 or more;
c) A fine ranging
from VND 20,000,000 to VND 50,000,000 shall be imposed for investment in or
procurement of property that is working office, public service facility or car.
2. A fine ranging
from VND 5,000,000 to VND 10,000,000 shall be imposed for failure to apply
centralized procurement methods when procuring property on the list subject to
centralized procurement as regulated in the law on management and use of public
property.
3. Fines shall be
imposed for investment in or procurement of property beyond the limits imposed
by competent authorities. To be specific:
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b) A fine ranging
from VND 5,000,000 to VND 10,000,000 shall be imposed for investment in or
procurement of a unit of property whose value exceeds the prescribed spending
limit by from VND 50,000,000 to under VND 100,000,000;
c) A fine ranging
from VND 10,000,000 to VND 20,000,000 shall be imposed for investment in or
procurement of a unit of property whose value exceeds the prescribed spending
limit by VND 100,000,000 or more.
4. Remedial
measures:
The violator is
compelled to return the spending amount on invested or procured property that
exceeds the prescribed spending limit if committing one of the violations
prescribed in Clause 3 of this Article.
5. The amount
exceeding the prescribed spending limit on property which is the basis for
imposing fines shall be determined as follows:
a) In case of
investment in or procurement of property that is car, machinery, equipment or
other property in excess of the prescribed quantity, the exceeding spending
amount per a unit of property is the unit price of that property determined
according to the buying price specified in the invoice or property procurement
contract;
b) In case of
investment in or procurement of property that is car, machinery, equipment or
other property with correct quantity but with prices higher than the prescribed
prices, the exceeding spending amount shall be the value of property specified
in the invoice or property procurement contract minus (-) the value of property
which is determined according to the prescribed price set by a competent
authority;
c) In case of
investment in or procurement of working office or public service facility
beyond the prescribed limit, the exceeding spending amount shall be determined
by the difference between the actual area and the prescribed usable area
multiplied by the unit purchase price specified in the invoice (or the property
procurement contract);
d) The persons
that have the power to impose penalties as prescribed in Article 29 and Article
30 hereof shall determine such exceeding spending amounts which shall be used
as the basis for imposing penalties in accordance with regulations of the law
on penalties for administrative violations and shall assume responsibility for
their determination.
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1. A fine ranging
from VND 1,000,000 to VND 5,000,000 shall be imposed for one of the following
violations against regulations on property lease if the value of the property
lease agreement is less than VND 100,000,000:
a) Leasing
property without the decision on property lease issued by a competent authority
or officer;
b) Leasing
property beyond the limits imposed by competent authorities;
c) Selecting
leasing service providers against procedures or methods laid down in the law on
management and use of public property and relevant laws.
2. A fine ranging
from VND 5,000,000 to VND 10,000,000 shall be imposed for committing the
violation prescribed in Clause 1 of this Article if the value of the property
lease agreement is VND 100,000,000 or higher.
3. Remedial
measures:
The violator is
compelled to return the spending amount on leasing of property that exceeds the
prescribed spending limit if committing the violation prescribed in Point b
Clause 1 of Clause 2 of this Article.
4. The value of
the property lease agreement which is used as the basis for imposing fines
shall be determined as follows:
a) If a specific
value is specified in the property lease agreement, that value shall be used as
the basis for imposing fines;
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The persons that
have the power to impose penalties as prescribed in Article 29 and Article 30
hereof shall determine values used as the basis for imposing penalties in
accordance with regulations of the law on penalties for administrative
violations and shall assume responsibility for their determination.
Article 8.
Violations against regulations on allocation, use and deliberate destruction of
public property
1. Fines shall be
imposed for allocating public property beyond the limits imposed by competent
authorities or officers (allocating public property to ineligible entities or
in excess of the prescribed area, quantity or price). To be specific:
a) A fine ranging
from VND 1,000,000 to VND 5,000,000 shall be imposed for allocating or using
property whose value exceeds the prescribed limit by less than VND 50,000,000;
b) A fine ranging
from VND 5,000,000 to VND 10,000,000 shall be imposed for allocating or using
property whose value exceeds the prescribed limit by from VND 50,000,000 to
under VND 100,000,000;
c) A fine ranging
from VND 10,000,000 to VND 20,000,000 shall be imposed for allocating or using
property whose value exceeds the prescribed limit by VND 100,000,000 or more.
2. Fines shall be
imposed for allocating or using public property for improper purposes (using
public property invested, equipped or procured against its purposes or uses;
using working office or public service facility for residential purpose or
other personal purposes; using cars to take officials from their residences to
work while they are ineligible for this regime; using cars to serve work trips
of officials without approval from competent authorities while they are
ineligible for this regime; allocating or using cars for personal purposes;
using machinery, equipment or other property for personal purposes). To be
specific:
a) A fine ranging
from VND 1,000,000 to VND 5,000,000 shall be imposed for allocating or using
property that is machinery, equipment or other property (except working office,
public service facility or car) whose book value is less than VND 100,000,000
(hereinafter referred to as “property worth less than VND 100,000,000);
b) A fine ranging
from VND 5,000,000 to VND 10,000,000 shall be imposed for allocating or using
property that is machinery, equipment or other property (except working office,
public service facility or car) whose book value is VND 100,000,000 or more
(hereinafter referred to as “property worth VND 100,000,000 or more);
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3. The following
fines shall be imposed for vandalism or deliberate destruction of public
property if not liable to criminal prosecution:
a) A fine ranging
from VND 1,000,000 to VND 5,000,000 shall be imposed for deliberate destruction
of property that is machinery, equipment or other property whose book value is
less than VND 100,000,000;
b) A fine ranging
from VND 5,000,000 to VND 10,000,000 shall be imposed for deliberate
destruction of property that is machinery, equipment or other property whose
book value is VND 100,000,000 or more;
c) A fine ranging
from VND 10,000,000 to VND 20,000,000 shall be imposed for deliberate
destruction of property that is working office, public service facility or car.
4. Remedial
measures:
a) The violator is
compelled to return an amount equivalent to the value of property that exceeds
the prescribed limit in case of commission of the violation in Clause 1 of this
Article;
b) In case of
commission of the violation in Clause 3 of this Article, the violator is
compelled to restore the original conditions of the property which has been
damaged by the violation; in case of failure to restore the original conditions
of the property, the violator is required to pay an amount of money equivalent
to the value of property or provide another property which has the same uses
and value with the original property.
5. The value
exceeding the prescribed limit shall be determined as follows:
a) In case of
allocation or use of property that is car, machinery, equipment or other
property in excess of the prescribed quantity, the exceeding value shall be the
exceeding quantity of property multiplied by its book value; in case the book
value of property is not available, the purchase price of a new property of the
same category or having similar technical standards and uses on the market at
the time of commission of the violation shall be employed;
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c) In case the
property is working office or public service facility, the exceeding value
shall be the difference between the actual area and the prescribed usable area
multiplied by the average unit price recorded in accounting books; in case the
unit price is not available in accounting books, the investment rate of a house
or building of similar technical standards announced by the Ministry of Construction
applicable at the time of commission of the violation shall be employed;
d) The persons
that have the power to impose penalties as prescribed in Article 29 and Article
30 hereof shall determine such exceeding values which shall be used as the basis
for imposing penalties in accordance with regulations of the law on penalties
for administrative violations and shall assume responsibility for their
determination.
Article 9.
Violations against regulations on lending of public property
1. Fines shall be
imposed for lending/using public property for improper purposes (allowing
another organization or individual to use public property regardless of written
lending agreement and lending period). To be specific:
a) A fine ranging
from VND 1,000,000 to VND 5,000,000 shall be imposed for lending public
property worth less than VND 100,000,000;
b) A fine ranging
from VND 5,000,000 to VND 10.000.000 shall be imposed for lending public
property worth VND 100,000,000 or more;
c) A fine ranging
from VND 50,000,000 to VND 60,000,000 shall be imposed for lending property
that is working office, public service facility or car.
2. Remedial
measures:
The organization
that commits the violation in Clause 1 of this Article shall also be liable to
the following remedial measures:
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b) The violating
organization is compelled to transfer to the state budget an amount of money
equivalent to the property rental for the lending period. Property rental
shall be determined according to Clause 4 Article 7 hereof.
Article 10.
Penalties for improperly exchanging or giving public property
1. Fines shall be
imposed for exchanging public property inconsistently with regulations (an
organization uses its public property to exchange for the property of another
organization or individual without permission of a competent authority or
person). To be specific:
a) A fine ranging
from VND 1,000,000 to VND 5,000,000 shall be imposed if the exchanged property
is worth less than VND 100,000,000;
b) A fine ranging
from VND 5,000,000 to VND 10.000.000 shall be imposed if the exchanged property
is worth VND 100,000,000 or more;
c) A fine ranging
from VND 10,000,000 to VND 20,000,000 shall be imposed if the exchanged
property is working office, public service facility or car.
2. A fine ranging
from VND 20,000,000 to VND 50,000,000 shall be imposed for giving public
property inconsistently with regulations (using public property as gifts
inconsistently with regulations on giving of gifts promulgated by competent
authorities).
3. Remedial
measures:
The violator is
compelled to return the property or pay an amount equivalent to the value of
the exchanged or given property in case of commission of the violation in
Clause 1 or Clause 2 of this Article.
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1. A fine ranging
from VND 10,000,000 to VND 15,000,000 shall be imposed for encroaching upon
working office or public service facility (i.e. an adjacent land user
deliberately moves boundary markers of its/his/her land plot with the aims of
expanding land area or builds a work encroaching upon the land area of a
working office or public service facility, regulatory authority, organization
or unit; an organization or individual uses the house or land area of the
working office or public service facility, regulatory authority, organization
or unit without permission).
2. Additional
penalties:
The exhibits/
instrumentalities of the violation prescribed in Clause 1 of this Article shall
be confiscated.
3. Remedial
measures:
The organization
or individual that commits the violation in Clause 1 of this Article shall also
be liable to the following remedial measures:
a) Restore the
original conditions of the working office or public service facility and return
the encroached land area;
b) Demolish the
work built on the encroached land area;
c) Transfer to the
state budget an amount of money equivalent to the property rental for the land
encroaching period. Property rental shall be determined according to Clause 4
Article 7 hereof.
Article 12.
Penalties for appropriation of public property
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a) A fine ranging
from VND 1,000,000 to VND 5,000,000 shall be imposed if the public property is
worth less than VND 100,000,000;
b) A fine ranging
from VND 5,000,000 to VND 10,000,000 shall be imposed if the public property is
worth VND 100,000,000 or more;
c) A fine ranging
from VND 10,000,000 to VND 20,000,000 shall be imposed for appropriating
working office, public service facility or car.
2. Additional
penalties: The exhibits/ instrumentalities of the violation prescribed in
Clause 1 of this Article shall be confiscated.
3. Remedial
measures: The organization or individual that commits the violation in Clause 1
of this Article shall also be liable to the following remedial measures:
a) The violating
organization or individual is compelled to restore the original conditions of
the property which has been damaged by the violation. In case of failure to
restore the original conditions of the property, the violating organization or
individual is required to pay an amount of money equivalent to the value of
property or provide another property which has the same uses and value with the
original property;
b) The violating
organization or individual is compelled to transfer to the state budget an
amount of money equivalent to the property rental during the property
appropriation period. Property rental shall be determined according to Clause
4 Article 7 hereof.
Article 13.
Violations against regulations on use of public property for business, leasing,
cooperation or association purposes
1. Fines shall be
imposed for using public property for business purpose, leasing or joining in a
cooperation or association without approvals by competent authorities or
officers according to law regulations on management and use of public property
applicable at the time of using public property. To be specific:
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b) A fine ranging
from VND 5,000,000 to VND 10,000,000 shall be imposed for using property worth
VND 100,000,000 or more;
c) A fine ranging
from VND 15,000,000 to VND 20,000,000 shall be imposed for using property that
is working office, public service facility or car.
2. Fines shall be
imposed for violations against regulation on valuation of property used for
business purpose, leasing or joining in a cooperation or association. To be
specific:
a) A fine ranging
from VND 1,000,000 to VND 5,000,000 shall be imposed for establishing a
property pricing council or property valuation council with improper
composition;
b) A fine ranging
from VND 5,000,000 to VND 10,000,000 shall be imposed for failure to follow
procedures established by law for selecting a property valuation service
provider to determine the value of property used for business purpose, leasing
or joining in a cooperation or association.
3. Fines shall be
imposed for failure to comply with the schemes approved by competent
authorities or officers when using public property for business purpose,
leasing or joining in a cooperation or association resulting in adverse impact
on performance of assigned functions and duties. To be specific:
a) A fine ranging
from VND 1,000,000 to VND 5,000,000 shall be imposed for using property worth
less than VND 100,000,000;
b) A fine ranging
from VND 5,000,000 to VND 10,000,000 shall be imposed for using car or property
worth VND 100,000,000 or more;
c) A fine ranging
from VND 15,000,000 to VND 20,000,000 shall be imposed for using property that
is working office, public service facility or car.
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a) The violator is
compelled to restore the original conditions of the property which has been
damaged by the violation in Clause 1 of this Article; in case of failure to
restore the original conditions of the property, the violator is required to
pay an amount of money equivalent to the value of property or provide another
property which has the same uses and value with the original property;
b) The violator is
required to return illegal benefits obtained from the violations in Clause 1
and Clause 3 of this Article.
Article 14.
Violations against regulations on maintenance and repair of property
1. The
organization that is provided by a competent authority with funding for
maintaining and repairing property as regulated by law but fails to maintain or
repair property resulting in damaged property shall incur fines as follows:
a) A fine ranging
from VND 500,000 to VND 1,000,000 shall be imposed for failure to maintain or
repair property worth less than VND 50,000,000;
b) A fine ranging
from VND 2,000,000 to VND 10,000,000 shall be imposed for failure to maintain
or repair property worth from VND 50,000,000 to under VND 100,000,000;
c) A fine ranging
from VND 30,000,000 to VND 50,000,000 shall be imposed for failure to maintain
or repair property worth VND 100,000,000 or more or property that is working
office or public service facility or car if not liable to criminal prosecution.
2. Determination
of amounts paid in compensation for damaged property:
a) If the damaged
property cannot be repaired, the amount payable shall be equal to the buying price
of a new property of the same category or having similar standards and uses on
the market multiplied by the percentage of remaining quality of property at the
valuation date;
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c) The head of the
violating organization shall decide amounts payable on the basis of
determination by a financial agency under its management and assume
responsibility for its decision.
Article 15.
Violations against regulations on disposition of public property
1. A fine ranging
from VND 1,000,000 to VND 5,000,000 shall be imposed for one of the following
violations:
a) Failing to make
declaration or plan for disposition of public property as regulated by laws;
b) Failing to make
declaration or plan for disposition of public property by the prescribed
deadlines;
c) Failing to
request competent authorities to appropriate, transfer, sell, liquidate or
destruct property when meeting regulatory requirements (unless a public
property is still used to serve demand of an authority, organization or
enterprise although its term of use expires as regulated by law; in such case,
it shall be disposed of according to decision of the head of that authority,
organization or enterprise).
2. A fine ranging
from VND 5,000,000 to VND 10,000,000 shall be imposed for failing to maintain
property pending its disposition.
3. Fines shall be
imposed for disposition of property without decision of competent authorities
or officers. To be specific:
a) A fine ranging
from VND 1,000,000 to VND 5,000,000 shall be imposed for selling, transferring,
liquidating or destructing property worth less than VND 100,000,000;
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c) A fine ranging
from VND 10,000,000 to VND 20,000,000 shall be imposed for selling,
transferring or liquidating property that is working office, public service
facility or car.
4. The following
penalties shall be imposed for improper declaration of list and current status
of property requiring disposition (resulting in a decision on disposition of
property made inconsistently with regulations):
a) A warning shall
be imposed for improperly declaring property worth less than VND 50,000,000;
b) A fine ranging
from VND 500,000 to VND 1,000,000 shall be imposed for improperly declaring
property worth from VND 50,000,000 to VND 100,000,000;
c) A fine ranging
from VND 1,000,000 to VND 5,000,000 shall be imposed for improperly declaring
property worth VND 100,000,000 or more;
d) A fine ranging
from VND 5,000,000 to VND 10,000,000 shall be imposed for improperly declaring
property that is working office, public service facility or car.
5. Remedial
measures:
a) The violator is
compelled to restore original conditions of property which has been damaged by
the violation in Clause 2 or Clause 3 of this Article; in case of failure to
restore the original conditions of property, the violator is required to pay an
amount of money equivalent to the value of property or provide another property
which has the same uses and value with the original property;
b) The violator is
compelled to pay an amount of money equivalent to the value of property lost or
damaged in case of commission of the violation in Clause 2 of this Article.
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a) If property is
lost or damaged and cannot be repaired, the amount payable shall be equal to
the market price for buying a new property of the same category or having
similar standards and uses on the market at the time of violation commission.
This market price
may be determined according to suppliers’ quotations posted or announced on the
marketing or official information published by suppliers on the Internet.
b) If the damaged
property can be repaired, the amount payable shall be equal to the costs of
repairing the property.
Article 16.
Violations against regulations on organization of disposition of public
property
1. A fine ranging
from VND 500,000 to VND 1,000,000 shall be imposed for commission of one of the
following violations:
a) Failing to implement
the property disposition plan approved by a competent authority or officer
within the prescribed time limit.
The time limit for
property disposition is specified in the decision on property disposition. In
case a decision on property disposition does not stipulate the time limit for
property disposition, it shall be determined in accordance with relevant laws. In
case an extension of property disposition is granted by the competent authority
that gives approval for the property disposition plan, the prescribed time
limit for property disposition shall also include this extension.
b) Failing to
transfer property which is subject to a property transfer or appropriation
decision to the property-receiving authority within the prescribed time limit.
2. A fine ranging
from VND 1,000,000 to VND 3,000,000 shall be imposed for one of the following
violations:
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b) Establishing a
valuation council with improper composition as regulated by laws;
c) Failing to
adopt methods or follow procedures laid down in laws for selecting professional
auction or valuation service providers to serve the property disposition;
d) Failing to
publish the auction of public property in accordance with the law on management
and use of public property (failing to post information relating to the auction
of public property at prescribed locations; failing to publish or ensure the
period of time for publishing information relating to the auction of public
property on means of mass media as regulated in the law on property auction;
posting or publishing insufficient information relating to the auction).
3. A fine ranging
from VND 3,000,000 to VND 5,000,000 shall be imposed for one of the following
violations:
a) Failing to
establish a valuation council as regulated by laws;
b) Failing to
publish information relating to the auction of public property as regulated in
Point d Clause 2 of this Article.
4. Fines shall be
imposed for failure to carry out valuation for using as the basis for
determining the starting price when making disposition of property that is
working office, public service facility or other property on land by selling
method, or failure to organize property auction in cases where the disposition
of property requires property auction. To be specific:
a) A fine ranging
from VND 1,000,000 to VND 5,000,000 shall be imposed if the property is worth
less than VND 100,000,000;
b) A fine ranging
from VND 5,000,000 to VND 10,000,000 shall be imposed if the property is worth
VND 100,000,000 or more;
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Article 17.
Violations against regulations on access to and use of public property data
The following
fines shall be imposed upon organizations or individuals for committing
violations against regulations on access to and use of public property date:
1. A fine ranging
from VND 500,000 to VND 1,000,000 shall be imposed for commission of one of the
following violations:
a) Making property
declarations for inputting property data to the National database public
property with entries which are not consistent with legal documents of the
property or its current status;
b) Assigning
inferior units to input property data without obtaining a written approval from
the Ministry of Finance;
c) Inputting or
approving public property data which is not conformable with property
declarations made by that organization in charge or managing and using the property.
2. A fine ranging
from VND 1,000,000 to VND 5,000,000 shall be imposed for one of the following
violations:
a) Erasing or
altering property declarations resulting in input of incorrect data on public
property;
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c) Using
information relating to public property on the National database on public
property of regulatory authorities, organizations and units ultra vires;
d) Using public
property data on the National database on public property for personal purposes
without permission from the competent authority in charge of managing that
database (i.e. using information on the National database on public property
for purposes other than the ones prescribed in the law regulations on
management and operation of software for management and registration of public
property without permission from the competent authority in charge of managing
that database).
3.
Remedial measures:
a)
Forged or falsified declarations of property shall be invalidated;
b)
The violator is compelled to correct data which must be conformable with
current status of property;
c)
The violator is compelled to make additional declarations of property in case
of changes in property-related operations;
d)
The violator is compelled to correct information that is untrue or causes
misunderstanding;
dd)
The violator is compelled to return illegal benefits obtained from
administrative violations.
Section 2.
VIOLATIONS AGAINST REGULATIONS ON MANAGEMENT AND USE OF PROPERTY OF
STATE-FUNDED PROJECTS, AND FINES
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1. The
organizations that procure property without obtaining decisions issued by
competent authorities or officers shall incur fines according to regulations in
Clause 1 Article 6 hereof.
2. The
organizations that do not apply the centralized procurement method when
procuring property on the list subject to centralized procurement shall incur
fines according to regulations in Clause 2 Article 6 hereof.
3. The
organizations that procure property without obtaining decisions issued by
competent authorities or officers shall incur fines according to regulations in
Clause 3 Article 6 hereof.
The value of
property in excess of the prescribed spending limits shall be determined
according to regulations in Clause 5 Article 6 hereof.
4. The
organizations that commit violations against regulations on leasing of property
to serve management tasks of state-funded projects shall incur fines according
to regulations in Article 7 hereof.
Article 19.
Violations against regulations on allocation and use of property of
state-funded projects
1. The organizations
that allocate or use property of state-funded projects beyond the prescribed
limits or for improper purposes shall incur fines according to regulations in
Article 8 hereof.
2. The
organizations that lend property of state-funded projects inconsistently with
regulations shall incur fines according to regulations in Article 9 hereof.
3. The
organizations that exchange or give property of state-funded projects
inconsistently with regulations shall incur fines according to regulations in
Article 10 hereof.
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5. The
organizations or individuals that illegally appropriate property of
state-funded projects shall incur fines according to regulations in Article 12
hereof.
6. The
organizations that commit violations against regulations on use of property of
state-funded projects for production or business purposes, leasing or joining
in cooperation or association shall incur fines according to regulations in
Article 13 hereof.
7. The
organizations that do not carry out maintenance or repair of property of
state-funded projects in accordance with law regulations shall incur fines
according to regulations in Article 14 hereof.
Article 20.
Violations against regulations on disposition of property upon project
completion or property being no longer in use
1. A fine ranging
from VND 500.000 to VND 1.000.000 shall be imposed on any of the following
cases:
a) Failing to
inventory and submit report to a competent authority for carrying out
disposition of property within the prescribed time limit;
b) Failing to
request competent authorities to establish public ownership of property
transferred by ODA experts or construction contractors to Vietnam Government as
regulated.
2. Imposing the
fine ranging from 5,000,000 dong to 10,000,000 dong for one of the following
violations:
a) Failing to
maintain property pending its disposition;
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3. The
organizations that sell, transfer, liquidate or destruct property without
obtaining decisions issued by competent authorities or officers shall incur
fines according to regulations in Clause 3 Article 15 hereof.
4. The
organizations that make improper declarations of list and current status of
property requiring disposition shall incur fines according to regulations in
Clause 4 Article 15 hereof.
5. The organizations
that fail to implement property disposition plans approved by competent
authorities or officers shall incur fines according to regulations in Article
16 hereof.
6. Remedial
measures:
The organization
that commits the violation in Clause 2 of this Article shall also be liable to
the following remedial measures:
a) The violating
organization is compelled to restore original conditions of property which has
been damaged by the violation. In case of failure to restore the original
conditions of property, the violating organization is required to pay an amount
of money equivalent to the value of property or provide another property which
has the same uses and value with the original property;
b) The violating
organization is compelled to return an amount of money equivalent to the value
of lost or damaged property. The amount of money payable which is equivalent to
the value of property lost or damaged is determined according to regulations in
Clause 6 Article 15 hereof.
Section 3.
VIOLATIONS AGAINST REGULATIONS ON MANAGEMENT AND DISPOSITION OF PROPERTY UNDER
PUBLIC OWNERSHIP, PENALTIES, FINES AND REMEDIAL MEASURES
Article 21.
Violations against regulations on establishment of public ownership of
property, maintenance and transfer of property under established public
ownership
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a) Failing to
submit reports to competent authorities or officers to establish public
ownership of property as regulated;
b) Failing to
transfer property to competent authorities for disposition within the
prescribed time limit.
2. A fine ranging
from VND 5,000,000 to VND 10,000,000 shall be imposed for one of the following
violations:
a) Failing to
maintain property pending its disposition;
b) Dismantling or
changing structure, spare parts or components of property.
3. Remedial
measures:
The organization
that commits the violation in Clause 2 of this Article shall also be liable to
the following remedial measures:
a) The violating
organization is compelled to restore original conditions of property which has
been damaged by the violation. In case of failure to restore the original
conditions of property, the violating organization is required to pay an amount
of money equivalent to the value of property or provide another property which
has the same uses and value with the original property;
b) The violating
organization is compelled to return an amount of money equivalent to the value
of lost or damaged property. The amount of money payable which is equivalent to
the value of property lost or damaged is determined according to regulations in
Clause 6 Article 15 hereof.
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1. A fine ranging
from VND 500,000 to VND 1,000,000 shall be imposed for any of the following
violations:
a) Failing to
submit reports to competent authorities or officers for formulating plans for
disposition of property under established public ownership;
b) Failing to
submit reports to the competent authority or officer that formulating the plan
for disposition of property under the established public ownership within the
prescribed time limits.
2. A fine ranging
from VND 1,000,000 to VND 2,000,000 shall be imposed for any of the following
violations:
a) Failing to
formulate the plan for disposition of property under established public
ownership;
b) Failing to
formulate the plan for disposition of property under established public
ownership within the prescribed time limit.
3. The
organizations or individuals that fail to implement plans for disposition of
property under established public ownership approved by competent authorities
or officers shall incur fines according to regulations in Article 16 hereof.
Article 23.
Violations against regulations on access and use of data on property under
established public ownership
The organizations
or individuals that commit violations against regulations on access and use of
data on property under established public ownership shall incur fines according
to regulations in Article 17 hereof.
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Article 24.
Violations against regulations on operation of infrastructure property
1. A fine ranging from
VND 10,000,000 to VND 20,000,000 shall be imposed for failing to obtain a
decision approving the Scheme for operation of infrastructure property issued
by a competent authority or officer according to regulations of the Law on
management and use of public property when leasing infrastructure property or
giving the right to operate infrastructure property to another party under
concession agreement for a stated period of time.
2. Fines shall be
imposed for committing violations against regulations on determination of
infrastructure property rental and concession price. To be specific:
a) A fine ranging
from VND 1,000,000 to VND 5,000,000 shall be imposed for establishing a
property valuation council with improper composition or ultra vires;
b) A fine ranging
from VND 5,000,000 to VND 10,000,000 shall be imposed for failing to adopt
methods or follow procedures laid down by law when selecting valuation service
providers to determine infrastructure property lease or concession price.
3. A fine ranging
from VND 15,000,000 to VND 20,000,000 shall be imposed for carrying out lease
or concession of infrastructure property for a specific period for the purposes
other than those defined in the Scheme approved by a competent authority or
officer.
4. Remedial measures:
The violator is
required to return money obtained from the violations in Clause 1 and Clause 2
of this Article.
Article 25.
Violations against regulations on disposition of infrastructure property
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a) Failing to make
declaration or plan for disposition of infrastructure property as regulated by
laws;
b) Failing to
request competent authorities to appropriate, transfer, sell, liquidate or
destruct infrastructure property when meeting regulatory requirements (unless a
public property is still used to serve demand of an authority, organization or
enterprise although its term of use expires as regulated by law; in such case,
the property disposition shall be subject to decision of the head of that
authority, organization or enterprise);
c) Failing to
submit reports to competent authorities for disposition of property that is
lost or damaged.
2. A fine ranging
from VND 5,000,000 to VND 10,000,000 shall be imposed for one of the following
violations:
a) Failing to
maintain infrastructure property pending its disposition;
b) Improperly
declaring list and current status of property requiring disposition resulting
in a decision on disposition of property made inconsistently with regulations.
3. A fine ranging
from VND 10,000,000 to VND 20,000,000 shall be imposed for disposition of
property without decision issued by a competent authority or officer.
4. Remedial
measures:
The violator is
compelled to return an amount or money equivalent to the value of property lost
or damage in case of commission of the violation in Clause 2 of this Article. The
amount of money payable which is equivalent to the value of property lost or
damaged is determined according to regulations in Clause 6 Article 15 hereof.
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1. A fine ranging
from VND 500,000 to VND 1,000,000 shall be imposed for one of the following
violations:
a) Failing to
implement the property disposition plan approved by a competent authority or
officer within the prescribed time limit;
b) Failing to
transfer property which is subject to a property transfer or appropriation
decision to the property-receiving authority within the prescribed time limit.
2. A fine ranging
from VND 1,000,000 to VND 5,000,000 shall be imposed for one of the following
violations:
a) Establishing a
valuation council or property disposition council with improper composition or
ultra vires;
b) Failing to
publish the auction of public property in accordance with the law on property
auction (failing to post information relating to the auction of public property
at prescribed locations; failing to publish or ensure the period of time for
publishing information relating to the auction of public property on means of
mass media as regulated in the law on property auction; posting or publishing
insufficient information relating to the auction).
3. A fine ranging
from VND 5,000,000 to VND 10,000,000 shall be imposed for one of the following
violations:
a) Failing to
establish a valuation council or property disposition council as regulated by
laws;
b) Failing to
adopt methods or follow procedures laid down in laws for selecting professional
auction or valuation service providers to serve the property disposition;
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4. A fine ranging
from VND 10,000,000 to VND 20,000,000 shall be imposed for failing to carry out
valuation for using as the basis for determining the starting price when making
disposition of infrastructure property by selling method.
Article 27.
Violations against regulations on access to and use of infrastructure property
data
The organizations
or individuals that commit violations against regulations on access and use of
data on infrastructure property shall incur fines according to regulations in
Article 17 hereof.
Section 5.
POWER TO MAKE RECORDS OF VIOLATIONS AGAINST REGULATIONS ON MANAGEMENT AND USE
OF PUBLIC PROPERTY AND POWER TO IMPOSE PENALTIES
Article 28.
Power to make records of violations against regulations on management and use
of public property
1. Persons that
have the power to make records of violations against regulations on management
and use of public property include:
a) Persons that
have the power to impose penalties for administrative violations against
regulations on management and use of public property prescribed in Article 29
and Article 30 hereof;
b) Officials who
are assigned to inspect the compliance with the law on management and use of
public property.
2. The persons
that have the power to make records of violations in Clause 1 of this Article
shall be responsible for issuing penalty imposition decisions or requesting the
competent authorities in Article 29 and Article 30 hereof to issue penalty
imposition decisions.
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1. Chairpersons of
People’s Committees of districts shall have the power to:
a) Issue warnings;
b) Impose a fine
up to VND 50,000,000;
c) Confiscate the
exhibits and instrumentalities for committing administrative violations[6];
d) Impose the
remedial measures mentioned in Clause 3 Article 4 of this Decree.
2. Chairpersons of
People’s Committees of provinces shall have the power to:
a) Issue warnings;
b) Impose a fine
up to VND 100,000,000;
c) Confiscate the
exhibits and instrumentalities for committing administrative violations;
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Article 30.
Power to impose penalties of inspectors
1. On-duty
inspectors and persons assigned to carry out specialized inspections in the
field of management and use of public property shall have the power to:
a) Issue warnings;
b) Impose a fine
up to VND 500,000;
c) [7] confiscate
the exhibit or instrumentality involved in the administrative violation whose
value does not exceed VND 1,000,000;
d) Impose the
remedial measures mentioned in Clause 3 Article 4 of this Decree.
2. Chief
Inspectors of provincial Departments, and heads of specialized inspection teams
established by provincial Departments shall have the power to:
a) Issue warnings;
b) Impose a fine
up to VND 50,000,000;
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d) Impose the
remedial measures mentioned in Clause 3 Article 4 of this Decree.
3. Heads of
specialized inspection teams established by Ministries shall have the power to:
a) Issue warnings;
b) Impose a fine
up to VND 70,000,000;
c)[9] Confiscate
the exhibit or instrumentality involved in the administrative violation whose
value does not exceed VND 140,000,000;
d) Impose the
remedial measures mentioned in Clause 3 Article 4 of this Decree.
4. Chief
Inspectors of Ministries shall have the power to:
a) Issue warnings;
b) Impose a fine
up to VND 100,000,000;
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d) Impose the
remedial measures mentioned in Clause 3 Article 4 of this Decree.
Chapter III
ADMINISTRATIVE VIOLATIONS AGAINST
REGULATIONS ON THRIFT PRACTICE AND WASTEFULNESS COMBAT, PENALTIES, FINES AND
REMEDIAL MEASURES
Section 1. VIOLATIONS AGAINST REGULATIONS ON THRIFT PRACTICE AND
WASTEFULNESS COMBAT, AND FINES
Article 31. Violations against law regulations on thrift practice
and wastefulness combat regarding the use of means of communications,
electricity, water, gas and oil, newspapers, books, office stationery,
organization of conferences and seminars, reception of guests, travelling on
domestic and overseas business trips using funding derived from state budget,
procurement of equipment to serve operation of health facilities covered by
state budget but not liable to criminal prosecution
1.
A fine ranging from VND 1,000,000 to VND 2,000,000 shall be imposed for using
means of communications, electricity, water, gas and oil, newspapers, books,
office stationery, organization of conferences and seminars, reception of
guests, travelling on domestic and overseas business trips using funding
derived from state budget in excess of the spending limits imposed by competent
authorities.
2.
Fines shall be imposed for procuring equipment that is not on the list approved
by a competent authority when making procurement of equipment to serve
operation of health facilities using funding from state budget. To be specific:
a)
A fine ranging from VND 1,000,000 to VND 5,000,000 shall be imposed if total value
of pieces of equipment that are not on the approved list and procured in each
transaction is less than VND 50,000,000;
b)
A fine ranging from VND 5,000,000 to VND 10,000,000 shall be imposed if total
value of pieces of equipment that are not on the approved list and procured in
each transaction is from VND 50,000,000 to under VND 100,000,000;
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3.
Health facilities that procure equipment to serve their operation by using
state budget in excess of the prescribed limits shall incur fines according to
regulations in Article 6 hereof.
Article 32. Violations against law regulations on thrift practice
and wastefulness combat regarding management and use of state extra-budgetary
financial trusts [10]
1.
A fine ranging from VND 20,000,000 to VND 30,000,000 shall be imposed for
committing one of the following violations:
a)
Using a state extra-budgetary financial trust[11] for improper purposes
or inconsistently with its principles announced by a competent authority;
b)
Using a state extra-budgetary financial trust [12] inconsistently with
its operating regulations or financial mechanism promulgated by a competent
authority.
2.
A fine ranging from VND 50,000,000 to VND 60,000,000 shall be imposed for using
investment capital in a wasteful manner that is inconsistent with standards,
technical regulations or beyond the prescribed limits.
3.
Remedial measures:
a)
Funding that is used for improper purposes must be recovered and transferred to
the state extra-budgetary financial trust [13] in case of commission of
the violation in Point a Clause 1 of this Article;
b)
Illegal benefits obtained from the administrative violation prescribed in Point
b Clause 1 of this Article must be transferred to the state extra-budgetary
financial trust[14].
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1.
A fine ranging from VND 1,000,000 to VND 5,000,000 shall be imposed for
illegally obstructing scientific and technological research and application or
implementation of projects using recyclable resources.
2. A fine ranging
from VND 20,000,000 to VND 30,000,000 shall be imposed for extracting and using
natural resources inconsistently with planning or procedures approved by
competent authorities.
Article 34.
Violations against law regulations on thrift practice and wastefulness combat
regarding investment and construction of projects using state funding, money
and public property
Violations against
regulations on thrift practice and wastefulness combat regarding in investment
and construction of state-funded projects shall be handled in accordance with
the Government's Decree No. 139/2017/ND-CP dated November 27, 2017, relevant
documents and their amendments (if any).
Article 35.
Violations against law regulations on thrift practice and wastefulness combat
regarding management and use of working offices and public service facilities
by organizations funded by state budget but not liable to criminal prosecution
1. A fine ranging
from VND 5,000,000 to VND 10,000,000 shall be imposed for committing violations
against regulations on management of working offices and public service
facilities by organizations funded by state budget resulting in wastefulness.
2. The
organizations funded by state budget but committing violations against
regulations on standards and norms for using working offices and public service
facilities resulting in wastefulness shall incur fines according to regulations
in Article 8 hereof.
Article 36.
Violations against law regulations on thrift practice and wastefulness combat
regarding management and use of capital and public property at state-funded
single-member limited liability companies but not liable to criminal
prosecution
1. A fine ranging
from VND 20,000,000 to VND 30,000,000 shall be imposed for establishment,
management and use of funds in state-funded single-member limited liability
companies for improper purposes or in excess of the limits imposed by competent
authorities.
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3. A fine ranging
from VND 40,000,000 to VND 70,000,000 shall be imposed for procurement,
management and use of fixed assets, materials and other assets by state-funded
single-member limited liability companies in excess of the limits imposed by
competent authorities.
4. A fine ranging
from VND 70,000,000 to VND 100,000,000 shall be imposed for management and use
of funding for covering expenses of state-funded single-member limited
liability companies inconsistently with limits, unit prices and standards
imposed by competent authorities.
Section 2.
POWER TO MAKE RECORDS OF VIOLATIONS AGAINST REGULATIONS ON THRIFT PRACTICE AND
WASTEFULNESS COMBAT AND POWER TO IMPOSE PENALTIES
Article 37.
Power to make records of violations against regulations on thrift practice and
wastefulness combat
1. Persons that
have power to make records of violations against regulations on thrift practice
and wastefulness combat include:
a) Persons that
have the power to impose penalties for administrative violations against
regulations on thrift practice and wastefulness combat prescribed in Article 38
and Article 39 hereof;
b) Officials assigned
to inspect the compliance with law regulations on thrift practice and
wastefulness combat.
2. The persons
that have the power to make records of violations in Clause 1 of this Article
shall be responsible for issuing penalty imposition decisions or requesting the
competent authorities in Article 38 and Article 39 hereof to issue penalty
imposition decisions.
Article 38.
Power to impose penalties of Chairpersons of People’s Committees
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a) Impose a fine
up to VND 50,000,000;
b) Impose the
remedial measures mentioned in Clause 4 Article 4 of this Decree.
2. Chairpersons of
People’s Committees of provinces shall have the power to:
a) Impose a fine
up to VND 200,000,000;
b) Impose the
remedial measures mentioned in Clause 4 Article 4 of this Decree.
Article 39.
Power to impose penalties of inspectors
1. Chief
inspectors of provincial departments, holders of equivalent positions assigned
by the Government to perform specialized inspections and heads of specialized
inspection teams established by provincial departments shall have the power to:
a) Impose a fine
up to VND 100,000,000;
b) Impose the
remedial measures mentioned in Clause 4 Article 4 of this Decree.
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a) Impose a fine
up to VND 140,000,000;
b) Impose the
remedial measures mentioned in Clause 4 Article 4 of this Decree.
3. Chief
Inspectors of Ministries shall have the power to:
a) Impose a fine
up to VND 200,000,000;
b) Impose the
remedial measures mentioned in Clause 4 Article 4 of this Decree.
Chapter IV
ADMINISTRATIVE VIOLATIONS AGAINST
REGULATIONS ON NATIONAL RESERVE, PENALTIES, FINES AND REMEDIAL MEASURES
Section 1.
ADMINISTRATIVE VIOLATIONS AGAINST REGULATIONS ON NATIONAL RESERVE AND PENALTIES
Article 40.
Violations against regulations on trading in national reserve goods
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2. A fine ranging
from VND 3,000,000 to VND 5,000,000 shall be imposed for:
Improperly
complying with competent authorities’ regulations on methods for buying and
selling each category of national reserve goods.
3. A fine ranging
from VND 5,000,000 to VND 7,000,000 shall be imposed for committing one of the
following violations:
a) Failing to
carry out purchase of national reserve goods when meeting all regulatory
requirements according to decisions of competent authorities;
b) Buying/selling
national reserve goods without written approval from competent authorities;
c) Buying/selling
national reserve goods after the prescribed time limits;
d) Buying/selling
national reserve goods whose quantities, categories, specifications, standards
and/or quality are not conformable with the ones approved by competent
authorities;
dd) Failing to
comply with competent authorities’ regulations on methods for buying and
selling each category of national reserve goods.
4. A fine ranging
from VND 10,000,000 to VND 20,000,000 shall be imposed for deliberately changing
prices of buying/selling national reserve goods for personal benefits.
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The violator is
required to return illegal benefits obtained from the violations in Clause 1,
Clause 2 and Clause 3 of this Article.
Article 41.
Violations against regulations on management of national reserve goods
1. A fine ranging
from VND 300,000 to VND 500,000 shall be imposed for any of the following
violations:
a) Failing to open
books for monitoring quality, quantities and categories of national reserve goods
during their storage;
b) Failing to
submit periodic and/or ad hoc reports on storage of national reserve goods.
2. The following
fines shall be imposed for committing violations against regulations on
transfer of national reserve goods:
A fine ranging
from VND 5,000,000 to VND 7,000,000 shall be imposed for improperly
implementing competent authorities’ regulations on transfer of national reserve
goods;
b) A fine ranging
from VND 7,000,000 to VND 10.000.000 shall be imposed for failing to comply competent
authorities’ regulations on transfer of national reserve goods.
3. Remedial
measures:
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Article 42.
Violations against regulations on storage of national reserve goods
1. Fines shall be
imposed for improperly implementing or failing to comply with national
technical regulations or technical requirements for temporary storage of
national reserve goods of competent authorities; improperly implementing
regulations on periods of storing national reserve goods; storing national
reserve goods at the places other than the ones approved by competent
authorities. To be specific:
a) A fine ranging
from VND 300,000 to VND 500,000 shall be imposed if the violation causes no
damage;
b) A fine ranging
from VND 3,000,000 to VND 5,000,000 shall be imposed if the violation causes
damage to national reserve goods assessed at less than VND 50,000,000;
c) A fine ranging
from VND 5,000,000 to VND 10,000,000 shall be imposed if the violation causes
damage to national reserve goods assessed at from VND 50,000,000 to under VND
100,000,000.
2. A warning or a
fine shall be imposed for obstructing the storage and transfer of national
reserve goods. To be specific:
a) A warning or a
fine ranging from VND 300,000 to VND 500,000 shall be imposed if the violation
causes no damage;
b) A fine ranging
from VND 3,000,000 to VND 5,000,000 shall be imposed if the violation causes
damage to national reserve goods assessed at less than VND 50,000,000;
c) A fine ranging
from VND 5,000,000 to VND 10,000,000 shall be imposed if the violation causes
damage to national reserve goods assessed at from VND 50,000,000 to under VND
100,000,000.
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4. Remedial
measures:
The violator is
required to return illegal benefits obtained from the violations in Clause 1,
Clause 2 and Clause 3 of this Article.
Article 43.
Penalties for deliberately encroaching on or destroying technical facilities,
warehouses for storing national reserve goods or national reserve goods but not
liable to criminal prosecution
1. A fine ranging
from VND 300,000 to VND 500,000 shall be imposed for illegally encroaching on
technical facilities or warehouses for storing national reserve goods.
2. A fine ranging
from VND 3,000,000 to VND 5,000,000 shall be imposed for deliberately
destroying technical facilities or warehouses for storing national reserve
goods.
3. The following
fines shall be imposed for deliberately damaging or destroying national reserve
goods:
a) A fine ranging
from VND 300,000 to VND 500,000 shall be imposed if the violation does not
cause damage to national reserve goods;
b) A fine ranging
from VND 3,000,000 to VND 5,000,000 shall be imposed if the violation causes
damage to national reserve goods assessed at less than VND 50,000,000;
c) A fine ranging
from VND 5,000,000 to VND 10,000,000 shall be imposed if the violation causes
damage to national reserve goods assessed at from VND 50,000,000 to under VND
100,000,000.
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The exhibits and
instrumentalities of the violation prescribed in Clause 1 and Clause 2 of this
Article shall be confiscated.
5. Remedial
measures:
a) The violator is
compelled to restore original conditions of technical facilities or warehouses
for storing national reserve goods in case of commission of the violation in
Clause 2 of this Article;
b) The violator is
compelled to return national reserve goods damaged or destroyed by the
violation prescribed in Clause 3 of this Article.
Article 44.
Violations against regulations on distribution and use of national reserve
goods for relief
1. A warning or a
fine shall be imposed for deliberately obstructing the act of distributing or
using national reserve goods for relief or performing another task relating to
national reserve. To be specific:
a) A warning or a
fine ranging from VND 300,000 to VND 500,000 shall be imposed if the violation
causes no damage;
b) A fine ranging
from VND 3,000,000 to VND 5,000,000 shall be imposed if the violation causes
damage to national reserve goods assessed at less than VND 50,000,000;
c) A fine ranging
from VND 5,000,000 to VND 10,000,000 shall be imposed if the violation causes
damage to national reserve goods assessed at from VND 50,000,000 to under VND
100,000,000.
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3. A warning or a
fine shall be imposed for using national reserve goods for improper purposes;
distributing or providing national reserve goods as relief to unqualified
beneficiaries as decided by competent authorities; failing to ensure
categories, quantities, quality, standards and specifications of national
reserve goods distributed or provided for relief purpose. To be specific:
a) A warning or a
fine ranging from VND 300,000 to VND 500,000 shall be imposed if the violation
causes no damage;
b) A fine ranging
from VND 3,000,000 to VND 5,000,000 shall be imposed if the violation causes
damage to national reserve goods assessed at less than VND 50,000,000;
c) A fine ranging
from VND 5,000,000 to VND 10,000,000 shall be imposed if the violation causes
damage to national reserve goods assessed at from VND 50,000,000 to under VND
100,000,000.
4. Fines shall be
imposed for causing loss of national reserve goods used for relief purposes or
performing another task. To be specific:
a) A fine ranging
from VND 1,000,000 to VND 5,000,000 shall be imposed if the violation involves
national reserve goods assessed at less than VND 50,000,000;
b) A fine ranging
from VND 5,000,000 to VND 10,000,000 shall be imposed if the violation involves
national reserve goods assessed at from VND 50,000,000 to under VND 100,000,000.
5. A fine ranging
from VND 2,000,000 to VND 3,000,000 shall be imposed for distributing national
reserve goods worth less than VND 100,000,000 to ineligible recipients as
decided by competent authorities.
6. A fine ranging
from VND 3,000,000 to VND 5,000,000 shall be imposed for delaying the
distribution or provision of national reserve goods worth less than VND
100,000,000 for relief purposes as regulated by competent authorities.
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8. Additional
penalties:
The exhibits and
instrumentalities for committing the violation prescribed in Clause 1 of this
Article shall be confiscated.
9. Remedial
measures:
a) The violator is
compelled to return illegal benefits obtained from the administrative
violations prescribed in Clauses 3, 4, 5 and 6 this Article;
b) The violator is
compelled to return national reserve goods lost or used for improper purposes
or distributed to ineligible beneficiaries in case of commission of the
violations prescribed in Clauses 3, 4 and 5 this Article;
c) The violator is
compelled to return damaged, poor quality, disqualified or deficient amounts of
national reserve goods in case of commission of the violation in Clause 7 of
this Article.
Article 45.
Violations against regulations on warehousing and dispatching of national
reserve goods
1. A warning or a
fine shall be imposed for obstructing warehousing, dispatching or transport of
national reserve goods. To be specific:
a) A warning or a
fine ranging from VND 300,000 to VND 500,000 shall be imposed if the violation
causes no damage;
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c) A fine ranging
from VND 5,000,000 to VND 10,000,000 shall be imposed if the violation causes
damage to national reserve goods assessed at from VND 50,000,000 to under VND
100,000,000.
2. A fine ranging
from VND 500,000 to VND 2,000,000 shall be imposed for committing one of the
following violations:
a) Failing to
carry out or improperly following procedures for warehousing or dispatching of
national reserve goods worth less than VND 100,000,000;
b) Failing to
deliver national reserve goods worth less than VND 100,000,000 according to
quantities, categories, specifications, standards and quality specified in
decisions of competent authorities.
3. A fine ranging
from VND 3,000,000 to VND 5,000,000 shall be imposed for failing to ensure
categories, specifications, quantities, quality, times and locations specified
in decisions of competent authorities when warehousing or dispatching national
reserve goods worth less than VND 100,000,000.
4. A fine ranging
from VND 5,000,000 to VND 10,000,000 shall be imposed for warehousing or
dispatching national reserve goods worth less than VND 100,000,000 without
decisions of competent authorities.
5. Additional
penalties:
The exhibits and
instrumentalities for committing the violation prescribed in Clause 1 of this
Article shall be confiscated.
6. Remedial
measures:
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b) The violator is
compelled to return national reserve goods which are improperly dispatched in
case of commission of the violations prescribed in Clauses 2, 3 and 4 this
Article.
Article 46.
Violations against regulations on receipt of national reserve goods but not
liable to criminal prosecution
1. A fine ranging
from VND 500,000 to VND 2,000,000 shall be imposed for committing one of the
following violations:
a) Failing to
receive national reserve goods on the date and at the location specified in
decision of a competent authority;
b) Failing to
follow or improperly following procedures for receiving national reserve goods.
2. A fine ranging
from VND 1,000,000 to VND 3,000,000 shall be imposed for refusing to receive
national reserve goods (national reserve goods dispatched to used for relief or
performing another task assigned by a competent authority) when all relevant
conditions set by a competent authority have been met.
Article 47.
Penalties for illegally interfering with national reserve activities
1. A warning or a
fine shall be imposed for illegally interfering with national reserve
activities. To be specific:
a) A warning or a
fine ranging from VND 300,000 to VND 500,000 shall be imposed if the violation
causes no damage;
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c) A fine ranging
from VND 5,000,000 to VND 10,000,000 shall be imposed if the violation causes
damage to national reserve goods assessed at from VND 50,000,000 to under VND
100,000,000.
2. Additional
penalties:
The exhibits and
instrumentalities for committing the violation prescribed in Clause 1 of this
Article shall be confiscated.
Article 48.
Violations against regulations on management of funding and expenditures for
national reserve activities
1. A warning or a
fine ranging from VND 300,000 to VND 500,000 shall be imposed for failing to
submit reports on use of funding from state reserve for buying national reserve
goods as regulated.
2. A fine ranging
from VND 1,000,000 to VND 3,000,000 shall be imposed for one of the following
violations:
a) Making payments
without contracts for buying/selling national reserve goods;
b) Making payments
for incorrect quantity of national reserve goods or those without sufficient
invoices/documents;
c) Making payments
without written record of contract liquidation or list of warehousing documents
bearing signature of head of unit in case of direct purchase without bidding;
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dd) Using funding
for covering costs of warehousing, dispatching and preserving national reserve
goods in an improper manner or beyond the prescribed spending limits.
3. A fine ranging
from VND 5,000,000 to VND 10,000,000 shall be imposed for one of the following
violations:
a) Using cash in
national reserve for improper purposes;
b) Failing to implement
or improperly implementing regulations on management of funding derived from
national reserve;
c) Failing to
return the amounts remaining after purchasing national reserve goods as
regulated by competent authorities.
4. Remedial
measures:
The violator is
required to return illegal benefits obtained from the violations in Clause 2
and Clause 3 of this Article.
Article 49.
Violations against regulations on trading, pledging, mortgage, leasing and
operation of property in national reserve
1. Fines shall be
imposed for illegally trading, pledging, mortgaging, leasing or operating
property in national reserve (except warehouses for national reserve goods). To
be specific:
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b) A fine ranging
from VND 5,000,000 to VND 10,000,000 shall be imposed for if the property is
worth from VND 70,000,000 to under VND 150,000,000;
c) A fine ranging
from VND 10,000,000 to VND 20,000,000 shall be imposed for if the property is
worth from VND 150,000,000 to under VND 300,000,000;
d) A fine ranging
from VND 20,000,000 to VND 30,000,000 shall be imposed for if the property is
worth from VND 300,000,000 to under VND 500,000,000;
dd) A fine ranging
from VND 30,000,000 to VND 40,000,000 shall be imposed if the property is worth
VND 500,000,000 or more.
2. Fines shall be
imposed for illegally trading, pledging, mortgaging, leasing or operating
property that is warehouse for national reserve goods. To be specific:
a) A fine ranging
from VND 20,000,000 to VND 30,000,000 shall be imposed if the warehouse for
national reserve goods is worth less than VND 500,000,000;
b) A fine ranging
from VND 30,000,000 to VND 40,000,000 shall be imposed if the warehouse for
national reserve goods is worth VND 500,000,000 or more.
3. Remedial
measures:
a) The violator is
compelled to restore the original conditions of property in case of commission
of the violation specified in Clause 2 of this Article;
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Section 2.
POWER TO MAKE RECORDS OF VIOLATIONS AGAINST REGULATIONS ON NATIONAL RESERVE AND
POWER TO IMPOSE PENALTIES
Article 50.
Power to make records of violations against regulations on national reserve
1. Persons that
have the power to make records of violations against regulations on national
reserve include:
a) Persons that
have the power to impose penalties for administrative violations against
regulations on national reserves prescribed in Articles 51, 52 and 53 hereof;
b) Officials
assigned to inspect the compliance with law regulations on national reserves.
2. 2. The persons
that have the power to make records of violations in Clause 1 of this Article shall
be responsible for issuing penalty imposition decisions or requesting the
competent authorities in Articles 51, 52 and 53 hereof to issue penalty
imposition decisions.
Article 51.
Power to impose penalties of Chairpersons of People’s Committees
1. Chairpersons of
People’s Committees of districts shall have the power to:
a) Issue warnings;
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c) [15]
Confiscate the exhibit or instrumentality involved in the administrative
violation whose value does not exceed VND 100,000,000;
d) Impose the
remedial measures mentioned in Clause 5 Article 4 of this Decree.
2. Chairpersons of
People’s Committees of provinces shall have the power to:
a) Issue warnings;
b) Impose a fine
up to VND 100,000,000;
c) Confiscate the
exhibits and instrumentalities for committing administrative violations;
d) Impose the
remedial measures mentioned in Clause 5 Article 4 of this Decree.
Article 52.
Power to impose penalties of inspectors
1. On-duty
inspectors and persons assigned to carry out specialized inspections in
national reserves sector shall have the power to:
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b) Impose a fine
up to VND 500,000;
c) [16]
confiscate the exhibit or instrumentality involved in the administrative
violation whose value does not exceed VND 1,000,000.
2. Chief
Inspectors of provincial departments, heads of inspection teams established by
provincial departments to carry out inspection of compliance with law
regulations on national reserves, heads of specialized inspection teams
established by the General Director of General Department of State Reserves and
heads of specialized inspection teams established by Directors of Regional
Departments of State Reserves shall have the power to:
a) Issue warnings;
b) Impose a fine
up to VND 50,000,000;
c) [17]
confiscate the exhibit or instrumentality involved in the administrative
violation whose value does not exceed VND 100,000,000;
d) Impose the
remedial measures mentioned in Clause 5 Article 4 of this Decree.
3. Heads of
specialized inspection teams established by Ministries to carry out inspections
in the field of national reserves shall have the power to:
a) Issue warnings;
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c) [18]
Confiscate the exhibit or instrumentality involved in the administrative
violation whose value does not exceed VND 140,000,000;
d) Impose the
remedial measures mentioned in Clause 5 Article 4 of this Decree.
4. Chief
Inspectors of Ministries shall have the power to:
a) Issue warnings;
b) Impose a fine
up to VND 100,000,000;
c) Confiscate the
exhibits and instrumentalities for committing administrative violations;
d) Impose the
remedial measures mentioned in Clause 5 Article 4 of this Decree.
Article 53.
Power to impose penalties of Directors of Regional Departments of State
Reserves and General Director of General Department of State Reserves
1. Directors of
Regional Departments of State Reserves performing specialized inspections in
the field of national reserves shall have the power to:
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b) Impose a fine
up to VND 70,000,000;
c) [19] Confiscate
the exhibit or instrumentality involved in the administrative violation whose
value does not exceed VND 140,000,000;
d) Impose the
remedial measures mentioned in Clause 5 Article 4 of this Decree.
2. General
Director of General Department of State Reserves performing specialized
inspections in the field of national reserves shall have the power to:
a) Issue warnings;
b) Impose a fine
up to VND 100,000,000;
c) Confiscate the
exhibits and instrumentalities for committing administrative violations;
d) Impose the
remedial measures mentioned in Clause 5 Article 4 of this Decree.
Chapter V
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Section 1. VIOLATIONS AGAINST REGULATIONS ON STATE BUDGET
EXPENDITURES AND PENALTIES
Article 54. Violations against regulations on state budget
expenditures included in state budget estimates given by competent authorities
1. A fine ranging
from VND 1,000,000 to VND 2,000,000 shall be imposed for committing one of the
following violations:
a) Preparing and
sending documents to the State Treasury for receiving funding for expenses or
tasks which are not defined in a state budget estimate approved by a competent
authority;
b) Preparing and
sending documents to the State Treasury for receiving 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 documents to the State Treasury for receiving funding for covering
expenses which are not conformable with state budget estimate given by a
competent authority (improperly spending in terms of funding sources, purposes,
subjects and spending items); improperly using state funding for investment or
improperly allocating funding to list of projects approved by a competent
authority.
2. A fine ranging
from VND 3,000,000 to VND 6,000,000 shall be imposed for committing one of the
following violations:
a) Preparing
documents requesting the State Treasury to make payments for workload that is
not yet performed;
b) Preparing
documents requesting the State Treasury to make payments for workload that is
in progress and does not meet payment requirements;
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3. Remedial
measures:
The violator is
compelled to recover amounts of money paid according to payment
vouchers/documents for unexecuted or uncompleted workloads that do not meet
payment requirements and amounts paid more than the value of contract or its
appendix in case of commission of the violation in Clause 2 of this Article.
Article 55.
Penalties for preparing payment documents/vouchers inconsistently with
regulations and preparing payment documents/vouchers whose contents are
different from those on original documents/vouchers if not liable to criminal
prosecution
1. A fine ranging
from VND 1,000,000 to VND 2,000,000 shall be imposed for concluding contracts
before obtaining a funding plan approved by a competent authority (except
construction works implemented according to urgent orders).
2. A fine ranging
from VND 3,000,000 to VND 6,000,000 shall be imposed for committing one of the
following violations:
a) Preparing and
sending documents to the State Treasury for improper spending in terms of
positions and subjects;
b) Preparing and
sending documents requesting the State Treasury to make payments for
expenditures exceeding the prescribed spending limits in terms of quantities
and values;
c) Preparing and
sending documents requesting the State Treasury to make payments inconsistently
with regulations (failing to meet payment requirements or rules).
The organizations
that procure or lease property in excess of the limits imposed by competent
authorities shall incur fines as prescribed in Article 5 and Article 6 hereof.
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4. Remedial
measures:
The violator is
compelled to recover amounts of money paid according to payment
documents/vouchers which have prepared inconsistently with regulations and
amounts improperly paid according to documents/vouchers whose contents are
different from those on original documents/vouchers if not liable to criminal
prosecution in case of commission of Clause 2 or Clause 3 of this Article.
Article 56.
Penalties for forging documents requesting for allocation of state budget but
not liable to criminal prosecution
1.[20] A fine ranging from VND
10,000,000 to VND 15,000,000 shall be imposed for forging documents requesting
the State Treasury to allocate funding for covering recurrent expenditures,
recurrent expenditures on public services, expenditures on national target
programs, target programs using state budget for public services (except
expenditures on repair, maintenance, improvement, upgrade or expansion of
material facilities covered by state budget for recurrent expenditures and
revenues retained to cover recurrent expenditures with total investment of at
least VND 500,000,000).
2.[21] A fine ranging from VND
30,000,000 to VND 50,000,000 shall be imposed for forging documents requesting
the State Treasury to allocate investment funding derived from state budget and
investment funding derived from budget for target programs or allocate funding
for covering expenditures on repair, maintenance, improvement, upgrade or
expansion of material facilities covered by state budget for recurrent
expenditures and revenues retained to cover recurrent expenditures with total
investment of at least VND 500,000,000.
3. Remedial
measures:
The violator is
compelled to recover amounts of money paid according to forged
documents/vouchers if not liable to criminal prosecution in case of commission
of the violations in Clause 1 and Clause 2 of this Article.
Article 57.
Violations against regulations on payment of state budget expenditures
1. A fine ranging
from VND 1,000,000 to VND 2,000,000 shall be imposed for preparing documents
requesting the State Treasury to make payment in which name or account number
of beneficiary is different from that specified in the signed contract or its
appendix.
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a) Incorrect
contract value;
b) Improper
payment date;
c) Improper
payment method;
d) Improper
payment ratio (including advanced payment);
dd) Payment
provisions are different from those specified in the signed contract and its
appendix.
3. Remedial
measures:
The violator is
compelled to complete payment documents as regulated in case of commission of
the violations in Clause 1 and Clause 2 of this Article.
Article 58.
Violations against procedures for payment commitments
1. A fine ranging
from VND 1,000,000 to VND 2,000,000 shall be imposed for committing one of the
following violations:
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b) Failing to send
payment commitment to the State Treasury within the prescribed time limits in
case state budget expenditures require payment commitments;
c) Sending a
payment commitment in which the requested funding exceeds the annual investment
funding plan, remaining annual estimate balance or contract value.
2. Remedial
measures:
a) The violator is
compelled to follow procedures for payment commitments before requesting the
State Treasury to make payment in case of commission of the violation in Point
a Clause 1 of this Article;
b) The violator is
compelled to make payment commitment in case of commission of the violation in
Point c Clause 1 of this Article.
Article 59.
Violations against procedures and time limits for advanced payment of state
budget
1. A fine ranging
from VND 1,000,000 to VND 2,000,000 shall be imposed for committing one of the
following violations:
a) Completing
procedures for advanced payment after the deadline for advanced payment of
recurrent expenditures the payment of which does not require goods sales
contracts or service provision contracts or expenditures the payment of which
does not require goods sales contracts or service provision contracts submitted
to the State Treasury;
b) Failing to
follow procedures for advanced payment of expenditures on investment covered by
state budget and investment funding derived from budget for target programs or expenditures
on repair, maintenance, improvement, upgrade or expansion of material
facilities covered by state budget for recurrent expenditures and revenues
retained to cover recurrent expenditures with total investment of more than VND
500,000,000 for payments of completed workloads of contract.
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a) Failing to
complete procedures for full advance of funding for recurrent expenditures with
goods sales contracts or service provision contracts in the final payment of
contract;
b) Failing to
follow procedures for full advance of funding for expenditures on investment
covered by state budget and investment funding derived from budget for target
programs or expenditures on repair, maintenance, improvement, upgrade or
expansion of material facilities covered by state budget for recurrent
expenditures and revenues retained to cover recurrent expenditures with total
investment of more than VND 500,000,000 when the payment value (including
advanced amounts and payments for completed workloads) reaches 80% of the
contract value;
c) Failing to
carry out or carrying out procedures for advance of funding for covering costs
of compensation and relocation subsidies after the prescribed deadlines.
3. Remedial
measures:
The violator is
compelled to follow procedures for advanced payment in case of commission of
the violations in Clause 1 and Clause 2 of this Article.
Section 2.
VIOLATIONS AGAINST REGULATIONS ON REGISTRATION AND USE OF ACCOUNTS OPENED AT
STATE TREASURY AND PENALTIES
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 violations
against regulations on registration and use of accounts opened at the State
Treasury.
2. Remedial
measures:
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Article 61.
Penalties for forging documents for registration and use of accounts opened at
the State Treasury but not liable to criminal prosecution
1. A fine ranging
from VND 10,000,000 to VND 15,000,000 shall be imposed for forging documents
for registration and use of accounts opened at the State Treasury.
2. Remedial
measures:
Accounts must be
blockaded in case of commission of the violation in Clause 1 of this Article.
Section 3. POWER TO IMPOSE PENALTIES FOR ADMINISTRATIVE VIOLATIONS
IN STATE TREASURY SECTOR
Article 62. Power to make records of administrative violations in
state treasury sector
1. Persons that
have the power to make records of administrative violations in state treasury
sector include:
a) Persons that
have the power to impose penalties for administrative violations against
regulations on control of state budget expenditures through the State Treasury
prescribed in Article 63 and Article 64 hereof;
b) Officials
assigned to control state budget expenditures through the State Treasury.
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2. The persons
that have the power to make records of violations in Clause 1 of this Article
shall be responsible for issuing penalty imposition decisions or requesting the
competent authorities in Article 63 and Article 64 hereof to issue penalty
imposition decisions.
Article 63. Power to impose penalties of inspectors
1. Chief
inspectors of Provincial Departments of Finance, heads of specialized
inspection teams established by Provincial Departments of Finance, heads of
specialized inspection teams of State Treasury established by Directors of
provincial State Treasuries, and heads of specialized inspection teams of State
Treasury established by General Director of the State Treasury of Vietnam shall
have the power to:
a) Impose a fine
up to VND 50,000,000;
b) Impose the
remedial measures mentioned in Clause 6 Article 4 of this Decree.
2. Chief Inspector
of the Ministry of Finance shall have the power to:
a) Impose a fine
up to VND 100,000,000;
b) Impose the
remedial measures mentioned in Clause 6 Article 4 of this Decree.
3. Heads of
specialized inspection teams established by the Ministry of Finance shall have
the power to:
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b) Impose the remedial
measures mentioned in Clause 6 Article 4 of this Decree.
Article 64. Power to impose penalties of General Director of State
Treasury; Directors of provincial State Treasuries
1. Directors of
provincial State Treasuries shall have the power to:
a)
Impose a fine up to VND 70,000,000;
b)
Impose the remedial measures mentioned in Clause 6 Article 4 of this Decree.
2.
General Director of State Treasury shall have the power to:
a)
Impose a fine up to VND 100,000,000;
b)
Impose the remedial measures mentioned in Clause 6 Article 4 of this Decree.
Chapter VI
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Article 65.
Effect
1. This Decree
shall come into force from September 01, 2019.
2. The
Government’s Decree No. 192/2013/ND-CP dated November 21, 2013 and the
Government’s Decree No. 58/2015/ND-CP dated June 16, 2015 shall be annulled
from the effective date of this Decree.
Article 66.
Transitional clauses
Violations against
regulations on management and use of public property, thrift practice and
wastefulness combat, national reserve and state treasury committed before this
Decree takes effect and discovered afterwards or under consideration shall be
handled in accordance with regulations of this Decree if this Decree does not
impose legal liabilities or impose less serious legal liabilities on violating
organizations or individuals.
Article 67.
Responsibility for implementation
1. The Ministry of
Finance shall provide guidelines for implementation of this Decree.
2. Ministries,
ministerial agencies, Governmental agencies, People's Committees of all levels
shall provide guidelines for implementation of this Decree and inspect the
imposition of penalties for violations against regulations on management and
use of public property, thrift practice and wastefulness combat, national
reserve and state treasury prescribed in this Decree.
3. Upon discovery
of any violations against regulations on management and use of public property,
thrift practice and wastefulness combat, national reserve and state treasury,
state regulatory authorities, organizations and individuals should transfer
documents (if any) to or inform persons that have the power to impose penalties
prescribed in this Decree for consideration.
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4. Ministers,
heads of ministerial agencies, heads of Governmental agencies, Chairpersons of
people’s committees of all levels, and relevant organizations and individuals
shall implement this Decree./.
CERTIFIED BY
PP. MINISTER
DEPUTY MINISTER
Nguyen Duc Chi
[1] This Circular is consolidated from the
02 following Decrees:
- Decree No.
63/2019/ND-CP dated July 11, 2019 of the Government on penalties for
administrative violations against regulations on management and use of public
property, thrift practice and wastefulness combat, national reserve and state
treasury, which comes into force from September 01, 2019;
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This consolidated
document does not replace 02 above-mentioned Decrees.
[2] Decree No. 102/2021/ND-CP is
promulgated pursuant to:
“The Law on
Government Organization dated June 19, 2015;
The Law on
amendments to the Law on Governmental Organization and the Law on Local
Government Organization dated November 22, 2019;
The Law on
Penalties for administrative violations dated June 20, 2012;
The Law on
amendments to certain Articles of the Law on Handling of Administrative
Violations dated November 13, 2020;
The Law on Tax
Administration dated June 13, 2019;
The Law on
Customs No. 54/2014/QH13 dated June 23, 2014;
The Law on
Management and Use of Public Property dated June 21, 2017;
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The Law on
National Reserve dated November 20, 2012;
The Law on
Accounting dated November 20, 2015;
The Law on
Independent Audit dated March 29, 2011;
The Law on
Business Insurance dated December 09, 2000;
The Law on
Amendments to some Articles of the Law on Business Insurance and Law on
Intellectual Property dated June 14, 2019;
Decree No.
87/2017/ND-CP dated July 26, 2017 of the Government on function, tasks, powers
and organizational structures of the Ministry of Finance;
At the request
of the Minister of Finance;
The Government
hereby promulgates a Decree on amendments to some Articles of Decrees on
penalties for administrative violations against regulations on tax and
invoicing; customs; insurance business and lottery business; management and use
of public property, thrift practice and wastefulness combat; national reserve;
state treasury; accounting and independent audit.”
[3] This Article is amended according to
regulations in clause 1 Article 4 of Decree No. 7102/2021/ND-CP, which comes
into force from January 01, 2022.
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[5] This Article is amended according to
regulations in clause 3 Article 4 of Decree No. 7102/2021/ND-CP, which comes
into force from January 01, 2022.
[6] The phrase “có trị giá không vượt quá
mức tiền phạt được quy định tại điểm b khoản này” (“for committing
administrative violations worth less than the fine specified in Point b of this
Clause”) is removed according to Point a Clause 4 Article 6 of Decree No.
102/2021/ND-CP, which has been effective since January 01, 2022.
[7] This Point is amended as prescribed in
Point a Clause 4 Article 4 of Decree No. 102/2021/ND-CP, which comes into force
from January 01, 2022.
[8] This Point is amended as prescribed in
Point b Clause 4 Article 4 of Decree No. 102/2021/ND-CP, which comes into force
from January 01, 2022.
[9] This Point is amended as prescribed in
Point c Clause 4 Article 4 of Decree No. 102/2021/ND-CP, which comes into force
from January 01, 2022.
[10] The phrase
“Quỹ có nguồn gốc từ ngân sách nhà nước” (“state budget-derived fund”) in
Article 32 is changed to “Quỹ tài chính nhà nước ngoài ngân sách” (“state
extra-budgetary financial trust” according to Point b Clause 4 Article 6 of
Decree No. 102/2021/ND-CP, which comes into force from January 01, 2022.
[11] The phrase
“Quỹ có nguồn gốc từ ngân sách nhà nước” (“state budget-derived fund”) in
Article 32 is changed to “Quỹ tài chính nhà nước ngoài ngân sách” (“state
extra-budgetary financial trust” according to Point b Clause 4 Article 6 of
Decree No. 102/2021/ND-CP, which comes into force from January 01, 2022.
[12] The phrase
“Quỹ có nguồn gốc từ ngân sách nhà nước” (“state budget-derived fund”) in Article
32 is changed to “Quỹ tài chính nhà nước ngoài ngân sách” (“state
extra-budgetary financial trust” according to Point b Clause 4 Article 6 of
Decree No. 102/2021/ND-CP, which comes into force from January 01, 2022.
[13] The phrase
“Quỹ có nguồn gốc từ ngân sách nhà nước” (“state budget-derived fund”) in
Article 32 is changed to “Quỹ tài chính nhà nước ngoài ngân sách” (“state
extra-budgetary financial trust” according to Point b Clause 4 Article 6 of
Decree No. 102/2021/ND-CP, which comes into force from January 01, 2022.
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[15] This Point is
amended as prescribed in Clause 5 Article 4 of Decree No. 102/2021/ND-CP, which
comes into force from January 01, 2022.
[16] This Point is
amended as prescribed in Clause 5 Article 4 of Decree No. 102/2021/ND-CP, which
comes into force from January 01, 2022.
[17] This Point is
amended as prescribed in Clause 7 Article 4 of Decree No. 102/2021/ND-CP, which
comes into force from January 01, 2022.
[18] This Point is
amended as prescribed in Clause 8 Article 4 of Decree No. 102/2021/ND-CP, which
comes into force from January 01, 2022.
[19] This Point is
amended as prescribed in Clause 8 Article 4 of Decree No. 102/2021/ND-CP, which
comes into force from January 01, 2022.
[20] This Clause is
amended according to Clause 9 Article 4 of Decree No. 102/2021/ND-CP, which
comes into force from January 01, 2022.
[21] This Clause is
amended according to Clause 9 Article 4 of Decree No. 102/2021/ND-CP, which
comes into force from January 01, 2022.
[22] This Point is
amended as prescribed in Clause 10 Article 4 of Decree No. 102/2021/ND-CP,
which comes into force from January 01, 2022.
[23] This Point is
amended as prescribed in Clause 11 Article 4 of Decree No. 102/2021/ND-CP,
which comes into force from January 01, 2022.
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“Article 7.
Transitional provisions
1. If, after
the effective date of this Decree, the organization or individual that incurs a
penalty still files a complaint against the administrative penalty imposition
decision issued before the effective date of this Decree, the regulations laid
down in the Decree on penalties for administrative violations taking effect at
the time of committing the administrative violation shall apply.
2. Regulations
of this Decree shall apply to the administrative violations against regulations
on tax and invoicing; customs; insurance business and lottery business;
management and use of public property, thrift practice and wastefulness combat;
national reserve; state treasury; accounting and independent audit committed
before the effective date of this Decree and then discovered or currently taken
into consideration if this Decree does not provide for legal liability or
impose less serious legal liability.
3. Any
application for exemption from fines for tax or invoice-related administrative
violations received by the tax authority before the effective date of this
Decree shall be processed in accordance with the Government’s Decree No.
125/2020/ND-CP dated October 19, 2020 on penalties for administrative
violations against regulations on tax and invoicing.
Article 8.
Responsibility for implementation
Ministers,
heads of ministerial agencies, heads of Governmental agencies,
Chairmen/Chairwomen of People’s Committees at all levels and other relevant
authorities, organizations and individuals are responsible for the
implementation of this Decree.
Article 9.
Effect
This Decree
comes into force from January 01, 2022./.”