Nghị định 121/2013/ND-CP

Decree No. 121/2013/ND-CP of October 10, 2013, regulations on sanction of administrative violation in construction activities; real estate business; operation, production and business of building materials; management of technical infrastructure; management of housing and office development

Decree No. 121/2013/ND-CP sanction of administrative violation in construction activities real estate business đã được thay thế bởi Decree 139/2017/ND-CP penalties administrative violations against regulations investment construction và được áp dụng kể từ ngày 15/01/2018.

Nội dung toàn văn Decree No. 121/2013/ND-CP sanction of administrative violation in construction activities real estate business


THE GOVERNMENT
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SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
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No.: 121/2013/ND-CP

Hanoi, October 10, 2013

 

DECREE

REGULATIONS ON SANCTION OF ADMINISTRATIVE VIOLATION IN CONSTRUCTION ACTIVITIES; REAL ESTATE BUSINESS; OPERATION, PRODUCTION AND BUSINESS OF BUILDING MATERIALS; MANAGEMENT OF TECHNICAL INFRASTRUCTURE; MANAGEMENT OF HOUSING AND OFFICE DEVELOPMENT

Pursuant to the Law on organization of the Government

Pursuant to the Law on handling of administrative violation dated June 20, 2012;

Pursuant to the construction Law dated November 26, 2003;

Pursuant to the Law on housing dated November 29, 2005;

Pursuant to the Law on real estate business dated June 29, 2006;

Pursuant to the Law on urban planning dated June 17, 2009;

Pursuant to the Mineral Law dated November 17, 2010;

A the proposal of the Minister of Construction;

The Government issues Decree regulating the sanction of administrative violation in activities of construction real estate business; operation, production and business of building materials, management of technical infrastructure and management of housing and office development;

Chapter 1.

GENERAL PROVISIONS

Article 1. Scope of adjustment and subjects of application

1. This Decree provides for acts of administrative violation, forms and levels of sanction, remedial measures, authority to make records and sanction administrative violations in activities of construction, real estate business, operation, production, business of building materials; management of technical infrastructure (in urban areas, new urban areas, housing development projects, industrial parks, economic zones and high-tech zones); management of housing and office development;

2. This Decree applies to:

a) Vietnamese or foreign organizations and individuals have acts of administrative violations in the fields specified in Clause 1 of this Article occurring in the territory of the Socialist Republic of Vietnam, unless otherwise specified in the international treaty of which Vietnam is a member;

b) Agency and person having the authority to impose sanction and organizations and individuals related to the sanction of administrative violation under the provisions of this Decree;

3. This Decree does not apply to the state agencies, cadres, public servants and officials subject to the case specified in Article 1 of Decree No. 81/2013/ND-CP dated July 19, 2013 of the Government detailing a number of articles and implementation measure of the Law on handling of administrative violation.

Article 2. Principles of sanction of administrative violation

1. Any act of administrative violation must be detected in a timely manner and stop it immediately. The sanction of administrative shall be conducted promptly, impartially, thoroughly with proper order and procedures specified in this Decree. Any consequence caused by administrative violation must be remedied under regulations of law.

2. For works construction investment project including works, works items of which the investor and contractor have the same acts of administrative violation for works and works items, then the act of violation at each works or works item shall be determined as one act of administrative violation;

Article 3. Level of fine

1. The maximum level is regulated as follows:

a) In the field of construction is 1,000,000,000 dong;

b) In the field of real estate business, operation, production and business of building materials, management of technical infrastructure, management of housing and office development: 300,000,000 dong.

2. The level of fine specified from Chapter II to Chapter VI of this Decree is the one applied to the organizations, except for cases specified in Clause 1, Clause 2, Article 21; Point a and b, Clause 1, Article 28 and Clause 4, Article 56 of this Decree.

3. For the same act of administrative violation, the level of fine imposed for individuals is equal to one half of that imposed for organizations;

Article 4. Statute of limitations for sanctioning administrative violations

1. The statute of limitations for sanctioning administrative violations in real estate business, management of infrastructure works, production and business of building materials is 01 year;

2. The statute of limitations for sanctioning administrative violations in activities of construction and mining of minerals as building materials, management of housing and office development is 02 years;

3. The time for calculating the statute for administrative violations is regulated as follows:

a) When competent persons who are on duty detect the administrative violation which has ended, then the statute of limitations is calculated from the date of termination of act of violation. For works construction investment projects, the time of termination of act of violation is the date when the project is handed over and put into use;

b) When competent persons who are on duty detect the administrative violation which is being carried out, then the statute of limitations is calculated from the time of detecting act of violation;

c) In case of sanction of administrative violation against organizations and individuals transferred by the competent authority, the statute of limitations for sanction of administrative violation shall apply under the provisions in Clause 1 and 2, Point a and b, Clause 3 of this Article. The time when the competent authority handles and reviews the case shall be included in the statute of limitations for sanction of administrative violation;

4. Within the statute of limitations specified in Clause 1 and 2 of this Article, if organizations and individuals committing acts of violation intentionally evades or obstruct the sanction of competent authority, then the stature of limitations of administrative violation shall be re-calculated from the time of termination of evading or obstructing acts of sanction;

Article 5. Forms of sanction and remedial measures

1. Main forms of sanction:

a) A caution;

b) A fine;

2. Additional sanction: Depriving the right to use permit or certificate of practice with term or suspending operation from 06 to 24 months.

3. Remedial measures:

For each act of administrative violation, in addition to application of form of sanction, organizations and individuals committing acts of violation shall also be subject to one or many remedial measures as follows:

a) Coercively restoring the initial condition;

b) Coercively taking remedial measures of environmental pollution;

c) Coercively rectifying the false or misleading information;

d) Coercively surrendering the illegal benefits obtained due to administrative violation;

dd) Coercively demolishing the construction works, parts of construction works in violation as stipulated in Decree No. 180/2007/ND-CP of the Government detailing and guiding the implementation of a number of articles of the construction Law on handling of violations of urban construction order (hereinafter referred to as Decree No. 180/2007/ND-CP);

e) Other measures are specified in this Decree.

Chapter 2.

ACTS OF ADMINISTRATIVE VIOLATION, FORMS OF SANCTION AND REMEDIAL MEASURES IN CONSTRUCTION ACTIVITIES

SECTION 1. FOR INVESTOR

Article 6. Violation of regulations on construction survey

1. A fine of between VND 5,000,000 and 10,000,000 shall be imposed for failing to store or fully store the result of construction survey as prescribed.

2. A fine of between VND 10,000,000 and 20,000,000 shall be imposed for organizing the acceptance of result of construction survey with improper order and prescribed procedures;

3. A fine of between VND 30,000,000 and 40,000,000 shall be imposed for one of the acts of violation:

a) Failing to formulate and approve tasks of construction survey and technical plan for construction survey or failing to approve the additional tasks of construction survey before the contractor performs the construction survey;

b) Performing the construction survey or hiring surveying contractor unqualified as prescribed;

c) Failing to supervise the construction survey as prescribed;

d) Failing to organize the acceptance of report on result of construction survey.

dd) Performing the construction survey inconsistently with national technical regulations and prescribed standards or performing the survey inconsistently with the technical plan for construction survey approved;

e) Using topographic maps which do not meet the requirements for urban planning in line with each type of urban planning project;

g) Failing to perform additional survey and measurement in case the topographic maps are not consistent with the present condition at the time of making construction planning;

4. Remedial measures:

a) Coercively re-performing the additional survey and measurement and re-adjust the construction planning as a result of additional survey and measurement for acts specified at Point g, Clause 3 of this Article;

b) Coercively invalidating the result of survey for the acts specified at Point a, b, d, dd and e, Clause 3 of this Article;

Article 7. Violation of regulation on storage and adjustment of construction planning

1. A fine of between VND 5,000,000 and 10,000,000 shall be imposed for failing to store or fully store documents of construction plan as prescribed;

2. A fine of between VND 10,000,000 and 20,000,000 shall be imposed for one of the acts as follows:

a) Adjusting the construction planning inconsistently with the national technical regulations and prescribed standards; zoning planning inconsistently with general planning; detailed planning inconsistently with zoning planning; detailed planning with greater scale inconsistently with the detailed planning having smaller scale approved;

b) Adjusting the detailed planning of urban development investment project without synchronous adjustment of technical infrastructure and social infrastructure system.

3. Remedial measures: Coercively invalidating and re-making the adjusted construction planning against acts specified in Clause 2 of this Article;

Article 8. Violation of regulations on formulating works construction investment project

A fine of between VND 30,000,000 and 40,000,000 shall be imposed for one of the acts as follows:

1. Formulating works construction investment project without eligibility as prescribed;

2. Failing to formulate the construction investment project for works with the required formulation of works construction investment project;

3. Formulating the works construction investment project with incomplete contents as prescribed.

Article 9. Violation of regulations on design and estimate of works construction

1. A fine of between VND 5,000,000 and 10,000,000 shall be imposed for failing to store or fully store documents of design and estimate of works construction.

2. A fine of between VND 15,000,000 and 20,000,000 shall be imposed for one of the acts as follows:

a) Appraising and approving design and estimate of works construction with improper order and prescribed procedures;

b) Failing to re-appraise as prescribed when adjusting construction design for works using state capital;

c) Adjusting the construction design resulted in change of location, scale and objectives of project or excess of total investment approved without submission to the investment decider for re-appraisal and approval for adjusted contents for works using state capital;

d) Approving the technical design inconsistently with basic design and design of working drawing inconsistently with technical design approved;

dd) Approving the estimate with volume inconsistently with that of design drawing;

e) Approving the design inconsistently with national technical regulations and prescribed standards; using invalid construction standards; using foreign standards without recognition from the competent authority;

g) Failing to formulate and approve the technical instruction for works with required technical instruction;

h) Approving the technical instruction inconsistently with the national technical regulations and standards applied to the construction investment project approved;

i) Approving the safety design exceeding the necessary level as prescribed for works using state capital;

k) Failing to organize the acceptance or failing to organize the acceptance of documents of construction design properly;

3. A fine of between VND 20,000,000 and 25,000,000 shall be imposed for design of works construction or hiring of contractor of works construction design unqualified as prescribed.

4. A fine of between VND 30,000,000 and 40,000,000 shall be imposed for one of the acts as follows:

a) Approving the measures to organize the performance which does not ensure the technical and economic aspect; calculating transportation distance and means of transportation inconsistently with actual condition resulted in the increase in cost of estimate for works using state capital;

b) Approving the estimate with contents applying the norm code inconsistently with the contents of work; difference of data compared with contents of norm code applied to works using state capital;

c) Approving the estimate with contents applying the norm which has not approved by the competent authority but that norm is higher than that approved by the competent authority for works using state capital;

d) Approving the estimate without design drawing of auxiliary works and works temporarily serving the main works but including the volume of these works in the estimate to calculate construction cost for works using state capital;

5. Remedial measures (applied to even the cases of bidding held):

a) Coercively re-formulating, appraising and approving the design and estimate or the price of tender package has certain violation under the regulation of the state as a basis for re-approving the price of contractor appointment or bid-winning price for acts specified in Clause 2 and 4 of this Article;

b) Coercively re-designing and making payment and settlement under the regulations for works using the state capital;

Article 10. Violation of regulations on management of works construction investment project

1. A fine of between VND 20,000,000 and 30,000,000 shall be imposed for one of the acts as follows:

a) Failing to establish or establishing the project management unit unqualified as prescribed

b) Failing to hire an organization as project management consultant in case of insufficient capacity as prescribed or hiring an organization as project management consultant unqualified as prescribed;

2. A fine of between VND 40,000,000 and 50,000,000 shall be imposed for adjusting the construction investment project inconsistently with regulations for works using the state capital;

3. Remedial measures: Coercively re-adjusting the works construction investment project as prescribed for the acts specified in Clause 2 of this Article;

Article 11. Violation of regulations on urban development investment

1. A fine of between VND 30,000,000 and 40,000,000 shall be imposed for failing to supervise or fully implement the supervision responsibility as prescribed for the implementation of planning and progress of urban development approved by the competent authority.

2. A fine of between VND 40,000,000 and 50,000,000 shall be imposed for one of the following acts:

a) Implementing the investment in urban development inconsistently with the plan and progress approved by the competent authority;

b) Failing to hand over the project under the approved progress;

3. Remedial measures: Coercively implementing the investment in urban center development to ensure the plan and progress approved for the acts specified at Point a, Clause 2 of this Article;

Article 12. Violation of regulations on commencement of works construction

1. A caution or a fine of between VND 500,000 and 1,000,000 shall be imposed for one of the acts as follows:

a) Failing to send the written notice of the commencement date to the communal People's Committee where the works construction is performed and to the licensing agency as prescribed;

b) Failing to send the written approval for measures of performance organization to ensure the safety for the construction works and adjacent works to the communal People's Committee where the works is performed before the commencement of works construction;

c) Failing to approve the measures of performance organization as prescribed;

2. A fine of between VND 15,000,000 and 20,000,000 shall be imposed for the commencement of works without eligibility for commencement. In case of commencement of works construction without building permit for works with required building permit, the sanction shall be imposed under the provisions of Clause 6, Article 13 of this Decree;

3. Violating the regulations on ground breaking ceremony, commencement ceremony and inauguration ceremony of construction works shall be sanctioned under the provisions in the Government’s Decree on damage compensation, discipline and sanction of administrative violation in thrift practice and waste prevention;

Article 13. Violation of regulations on construction performance

1. Sanction shall be imposed for performing works construction without coverage or with coverage but dropping building materials onto surrounding areas or placing building materials at improper place as follows:

a) A caution or a fine of between VND 500,000 and 1,000,000 shall be imposed for construction of separate housing or other construction works not subject to the cases specified at Point b of this Clause;

b) A fine of between VND 5,000,000 and 10,000,000 shall be imposed for works construction subject to formulation of technical and economic report of works construction or formulation of works construction investment project.

2. Sanction shall be imposed for performing works construction in violation of regulations on construction resulted in subsidence, crack and damage of adjacent works or technical infrastructure as follows:

a) A caution or a fine of between VND 500,000 and 1,000,000 shall be imposed for construction of rural separate housing or other construction works not subject to the cases specified at Point b and c of this Clause;

b) A fine of between VND 3,000,000 and 5,000,000 shall be imposed for construction of urban separate housing;

c) A fine of between VND 15,000,000 and 20,000,000 shall be imposed for works construction subject to formulation of technical and economic report of works construction or formulation of works construction investment project.

3. Sanction shall be imposed for performing works construction inconsistently with the building permit issued in case of repair and renovation as follows:

a) A caution or a fine of between 500,000 and 1,000,000 shall be imposed for construction of rural separate housing or other construction works not subject to the cases specified at Point b and c of this Clause;

b) A fine of between VND 3,000,000 and 5,000,000 shall be imposed for construction of urban separate housing;

c) A fine of between VND 20,000,000 and 30,000,000 shall be imposed for works construction subject to formulation of technical and economic report of works construction or formulation of works construction investment project.

4. Sanction shall be imposed for performing works construction in violation of management of works quality resulted in collapse or prone to causing the collapse of adjacent works without causing damage to health and life of other people as follows:

a) A fine of between VND 3,000,000 and 5,000,000 shall be imposed for construction of rural separate housing or other construction works not subject to the cases specified at Point b and c of this Clause;

b) A fine of between VND 15,000,000 and 20,000,000 shall be imposed for construction of urban separate housing;

c) A fine of between VND 20,000,000 and 30,000,000 shall be imposed for works construction subject to formulation of technical and economic report of works construction or formulation of works construction investment project.

5. Sanction shall be imposed for performing works construction inconsistently with the content of building permit issued in case of licensing new building permit as follows:

a) A fine of between VND 500,000 and 1,000,000 shall be imposed for construction of rural separate housing or other construction works not subject to the cases specified at Point b and c of this Clause;

b) A fine of between VND 10,000,000 and 20,000,000 shall be imposed for construction of urban separate housing;

c) A fine of between VND 30,000,000 and 50,000,000 shall be imposed for works construction subject to formulation of technical and economic report of works construction or formulation of works construction investment project.

6. A fine shall be imposed for performing works construction without building permit but there must be one as prescribed as follows:

a) A fine of between VND 3,000,000 and 5,000,000 shall be imposed for construction of rural separate housing or other construction works not subject to the cases specified at Point b and c of this Clause;

b) A fine of between VND 10,000,000 and 15,000,000 shall be imposed for construction of urban separate housing;

c) A fine of between VND 30,000,000 and 50,000,000 shall be imposed for works construction subject to formulation of technical and economic report of works construction or formulation of works construction investment project.

7. A fine of between VND 40,000,000 and 50,000,000 shall be imposed for one of the acts as follows:

a) Performing works on land not permitted for construction;

b) Performing works inconsistently with the design approved or not in line with the construction planning or urban design approved by the competent authority for construction works exempted from building permit;

8. For the acts specified in Clause 3, 5, 6 and 7 of this Article, after the record of administrative violation from the competent person but the recidivism still occurs, depending on the degree of violation and scale of works, a fine of between VND 500,000,000 and 1,000,000,000 shall be imposed and the right to use the building permit shall be deprived (if any);

9. The acts specified in Clause 3, 5 and 6 and Point b, Clause 7 of this Article without violation of construction boundary, effect on adjacent works, dispute and with the construction on the land of legal use right, in addition to the sanction of administrative violation, the required surrender of benefits illegally obtained equal to 40% of value of improper or unlicensed part of building for works as separate housing and equal to 50% of value of improper or unlicensed part of building, improper design approved or improper construction planning or urban design approved for works under construction investment project or works with only required formulation of technical and economic report of works construction. After the investor completes the payment of fine, the competent authority shall issue the building permit or modify it.

10. The acts specified in Clause 3, 5, 6 and 7 of this Article not subject to cases to be handled as specified in Clause 9 of this Article shall be handled under the provisions of Decree No. 180/2007/ND-CP.

Article 14. Violation of regulation on site clearance for works construction

1. A fine of between VND 30,000,000 and 40,000,000 shall be imposed for one of the acts as follows:

a) Organizing the site clearance inconsistently with the construction planning or works construction investment project approved;

b) Performing the property compensation for site clearance for works construction improperly;

c) Applying the compensation improperly;

2. Remedial measures:

a) Coercively restoring the initial condition for the acts specified at Point a, Clause 1 of this Article;

b) Coercively adjusting the compensation as prescribed for the acts specified at Point c, Clause 1 of this Article;

c) Coercively surrendering the illegal benefits obtained due to administrative violation specified at Point b and c, Clause 1 of this Article;

Article 15. Violation of regulation on supervising works construction performance

1. A caution or a fine of between VND 500,000 and 1,000,000 shall be imposed for one of the acts as follows:

a) Failing to hang signs at construction site or the signs have inadequate contents as prescribed;

b) Failing to store capacity documents of organizations and individuals directly involved in supervising the works quality;

2. A fine of between VND 10,000,000 and 20,000,000 shall be imposed for one of the acts as follows:

a) Selecting organizations and individuals unqualified as prescribed to supervise the works construction;

b) Letting the construction supervising contractor arrange for manpower inconsistently with the bidding documents;

c) The actual capacity of manpower, construction equipment, system of quality management, permit to use machinery and equipment, quality of supplies and materials and installation equipment of works of construction contractor does not meet the requirements in the bidding documents;

d) Having no inspection record of contractor’s construction methods; failing to stamp the design drawing prior to the commencement of construction or stamping without any content recorded (certification of signature, date and month) fully on the construction design drawing prior to the commencement of construction;

3. A fine of between VND 30,000,000 and 40,000,000 shall be imposed for one of the acts as follows:

a) Supervising the construction without capacity conditions as prescribed; hiring the construction supervising organization unqualified as prescribed; failing to supervise the construction as prescribed (except for separate housing);

b) Letting the construction contractor perform works inconsistently with the design and methods of construction organization approved;

c) Letting construction contractor with no guarantee perform contract or insufficient guarantee as prescribed; failing to renew the contract guarantee upon the time of contract guarantee renewal.

Article 16. Violation of regulations on management of construction works

1. A caution or a fine of between VND 500,000 and 1,000,000 shall be imposed for one of the acts as follows:

a) Having no announcement on duties and power of individuals in the system of quality management of investor and construction supervising contractor to the related contractors;

b) Failing to send the competent authority the report on completion to put the works into use as prescribed;

c) Failing to send periodic report on the works quality to the competent state authority as prescribed;

d) Failing to formulate documents of works completion;

dd) Failing to report to the state management agency on construction in order to inspect for the works which must be inspected by the state management agency on construction before put into use;

2. A fine of between VND 1,000,000 and 5,000,000 shall be imposed for one of the acts as follows:

a) Failing to report to the competent authority as prescribed upon occurrence of works incident;

b) Failing to protect the scene of works incident or willingly demolishing and clearing the scene without approval from the competent authority;

c) Failing to prepare record of works incident as prescribed;

3. A fine of between VND 5,000,000 and 10,000,000 shall be imposed for failing to store or sufficiently store documents of works quality as prescribed;

4. A fine of between VND 10,000,000 and 20,000,000 shall be imposed for using the experimental result of below standard, the experimental result slip made improperly or lack of experimental results as prescribed;

5. A fine of between VND 20,000,000 and 30,000,000 shall be imposed for one of the acts as follows:

a) Failing to perform the quality inspection or inspecting the works quality improperly;

b) Failing to use non-baked building materials for the works which must be compulsorily used with non-baked building materials;

6. A fine of between VND 30,000,000 and 40,000,000 shall be imposed for failing to send documents to the competent authority for verification of design implemented after the basic design for the works whose design must be verified as prescribed.

7. A fine of between VND 50,000,000 and 60,000,000 shall be imposed for performing works inconsistently with the design approved or national technical regulations or standards to be applied as prescribed;

8. Remedial measures:

a) Coercively canceling the experimental result and re-performing experiment as prescribed for the acts specified in Clause 4 of this Article;

b) Coercively inspecting or re-inspecting the works quality for the acts specified at Point a, Clause 5 of this Article;

c) Coercively using non-baked building materials as prescribed for the remaining part of works under construction for the acts specified at Point b, Clause 5 of this Article;

d) Coercively demolishing under the provision of Decree No. 180/2007/ND-CP the part of construction inconsistently with design or without quality assurance for the acts specified in Clause 7 of this Article;

Article 17. Violation of regulations on warranty and maintenance of construction works

1. A caution or a fine of between VND 500,000 and 1,000,000 shall be imposed for one of the acts as follows:

a) Failing to supervise and accept the remedy and repair of the construction contractor and the equipment supplier;

b) Failing to certify the completion of warranty of construction works for the construction contractor and the equipment supplier;

2. A fine of between VND 20,000,000 and 30,000,000 shall be imposed for one of the acts as follows:

a) Failing to formulate the process of maintenance of construction works as prescribed;

b) Failing to perform the maintenance of works in accordance with the process of maintenance of construction approved;

c) Failing to formulate and approve the works maintenance plan;

d) Failing to report as prescribed to the competent state authority of the maintenance of works and its safety for the works of level II or more and the ones likely causing disaster;

dd) Failing to examine, inspect and assess the quality of present condition and report to the competent state authority to consider and approve the extension of the service life for the works whose working life has ended as prescribed;

e) Failing to survey the works and works parts under the regulation on compulsory survey

3. A fine of between VND 30,000,000 and 40,000,000 shall be imposed for failing to inspect and approve the process of maintenance prior to works acceptance and operation;

4. Remedial measures:

a) Coercively formulating the process of maintenance of construction works as prescribed for the act specified at Point a, Clause 2 of this Article;

b) Coercively performing the maintenance of construction works as prescribed for the act specified at Point b, Clause 2 of this Article;

Article 18. Violation of regulation on acceptance, payment of completed volume of work and settlement of construction works for the ones using the state capital

1. A fine of between VND 5,000,000 and 10,000,000 shall be imposed for one of the acts as follows:

a) Letting the contractor’s construction supervisor sign papers in the acceptance document without having certificate of works construction supervision practice or the certificate does not match the contents of acceptance;

b) Accepting and putting the works into operation without opinion of the competent state authority on inspection of acceptance as prescribed;

2. A fine of between VND 10,000,000 and 20,000,000 shall be imposed for lacking the sheet of calculation of volume in the acceptance document;

3. A fine of between VND 30,000,000 and 50,000,000 shall be imposed for having no certificate of input material, result of material experiment and structural components as prescribed in the acceptance document;

4. A fine shall be imposed for the late settlement of works after the works items and construction works have been accepted and handed over and put into operation as follows:

a) A fine of between VND 70,000,000 and 100,000,000 shall be imposed in the case of later than 12 months for works items and construction works under the national important project and project of group A;

b) A fine of between VND 50,000,000 and 70,000,000 shall be imposed in the case of later than 09 months for works items and construction works under the project of group B;

c) A fine of between VND 30,000,000 and 50,000,000 shall be imposed in the case of later than 06 months for works items and construction works under the project of group C;

d) A fine of between VND 20,000,000 and 30,000,000 shall be imposed in the case of later than 03 months for works with the required technical and economic report of works construction;

5. A fine of between VND 30,000,000 and 50,000,000 shall be imposed for payment without complete payment documents as prescribed;

6. A fine of between VND 50,000,000 and 60,000,000 shall be imposed for putting the completed works items and construction works into operation without any acceptance;

7. A fine of between VND 70,000,000 and 80,000,000 shall be imposed for one of the acts as follows:

a) Performing the acceptance without performance volume or wrong acceptance of actual volume of work;

b) The works has been accepted but does not ensure the quality based on design documents and works completion documents;

8. Remedial measures:

a) Coercively supplementing sufficient documents in the acceptance document and payment document as prescribed for the acts specified in Clause 2, 3 and 5 of this Article;

b) Coercively re-performing the acceptance by the actual volume of work for the acts specified at Point a, Clause 7 of this Article;

c) Coercively correcting the works quality in line with design document for the acts specified at Point b, Clause 7 of this Article;

d) Coercively surrendering the amount of money for acceptance and wrong payment for the acts specified in Clause 7 of this Article;

Article 19. Violation of regulations on tender and selection of construction contractor under the construction Law

1. A fine of between VND 30,000,000 and 40,000,000 shall be imposed for permitting the foreign contractor to perform work without being issued with the contractor permit as prescribed;

2. A fine of between VND 40,000,000 and 50,000,000 shall be imposed for selecting foreign contractor unqualified as prescribed to perform work.

3. Acts of violation of regulations on selecting the construction contractor shall be sanctioned under the regulations of law on sanction of administrative violation in the field of tender;

4. Remedial measures:

a) Coercively asking for issue of contractor permit for the acts specified in Clause 1 of this Article;

b) Coercively complying with the regulations on capacity conditions under the assigned work for the acts specified in Clause 2 of this Article;

Article 20. Violation of regulations on management of works construction investment project of the project management consulting contractor

Where the investor hires the project management consulting contractor, the act of violation, form and level of sanction against the project management consulting contractor are the same as those of the investor;

SECTION 2. FOR THE CONTRACTOR

Article 21. Violation of regulations on construction operation conditions and construction practice capacity

1. A fine of between VND 10,000,000 and 20,000,000 shall be imposed against individuals having one the acts as follows:

a) Operating in excess of condition of practice capacity as prescribed; operating inconsistently with practice certificate and operating without practice certificate;

b) Fraudulently declaring capacity in the capacity documents to request the issue of certificate of construction operation practice;

2. A fine of between VND 20,000,000 and 30,000,000 shall be imposed against individuals having acts of borrowing, lending, hiring and leasing the certificate of construction operation practice;

3. A fine of between VND 30,000,000 and 40,000,000 shall be imposed for one of the acts as follows:

a) Assigning the persons who do not have certificate of practice or are not qualified for the type and grade of works they shall perform the positions like: Chairman of construction planning design project, person in charge of specialized construction planning design project, chairman of urban planning project, person in charge of subject of specialized urban planning, chairman of construction survey, person in charge of verification of works construction design, chairman of works construction design, person in charge of design and supervision of construction survey, supervision of works construction, chairman of project formulation, director of project management consultation, director of project management, head of construction site, person in charge of verification of works construction design, consultant of construction investment cost management, person in charge of inspection implementation, person in charge of formulation of works estimate, person in charge of estimate verification, appraisal and specialized construction experiment and other positions as prescribed;

b) Failing to promulgate decision on appointment of positions as chairman of construction planning project design; chairman of construction design; chairman of construction survey; person in charge of formulating works estimate and other positions as prescribed;

c) Performing construction activities in excess of capacity condition as prescribed;

4. Additional sanction: Depriving the right to use certificate of practice from 06 to 12 months from persons having acts of violation specified in Clause 1 ( except for case of operation without certificate of practice) and Clause 2 of this Article;

Article 22. Violation of content of bidding documents

1. A fine of between VND 20,000,000 and 30,000,000 shall be imposed on contractors that are not qualified as prescribed in the bidding documents, arranging personnel and equipment and bringing materials into the site construction improperly with the bidding documents;

2. Remedial measures: Coercively complying with commitment in the bidding documents and regulations on selection of contractor in the construction activities for the following part of work;

Article 23. Violation of regulations on national technical regulations and applied standards, using data and documents on construction activities

1. A fine of between VND 10,000,000 and 20,000,000 shall be imposed for using foreign standards without approval of investment decider;

2. A fine of between VND 20,000,000 and 40,000,000 shall be imposed for using the experimental result of below standard laboratory or lack experimental results as prescribed; using experimental result slip improperly made;

3. A fine of between VND 40,000,000 and 60,000,000 shall be imposed for using data and documents without legal grounds;

4. A fine of between VND 60,000,000 and 80,000,000 shall be imposed for failing to use or properly use the national technical regulations and construction standards as prescribed;

5. Remedial measures: Coercively canceling the experimental result of the below standard laboratory or data and documents without legal grounds for the acts specified in Clause 2 and 3 of this Article;

Article 24. Violation of regulations on construction survey

1. A fine of between VND 20,000,000 and 30,000,000 shall be imposed for one of the acts as follows:

a) Using the below standard lab for survey or inconsistently with the survey work;

b) Failing to take measures to ensure the safety of people, equipment and infrastructure works, construction works, environmental protection and preservation of landscape at survey area;

c) There is no signature of laboratory manager and laboratory staff experimental result slip and legal seal of facility managing the laboratory on the experimental result slip as prescribed;

d) Failing to store the survey sample and documents as prescribed;

dd) Failing to restore the site after the end of survey;

2. A fine of between VND 30,000,000 and 40,000,000 shall be imposed for one of the acts as follows:

a) Making the technical survey plan inconsistently with the survey tasks and applied standards of construction survey;

b) Performing the survey without survey tasks and approved technical survey plan; violating the survey order as prescribed;

c) Failing to comply with the approved survey tasks;

d) Failing to perform the survey under the approved technical construction survey plan;

3. A fine of between VND 40,000,000 and 50,000,000 shall be imposed on the contractors that make reports on data and document of survey improperly with the actual survey or inconsistently with regulation resulted in design adjustment;

4. Additional sanctions: Depriving the right to use certificate of practice from 06 to 12 months for the individuals having the acts specified in Clause 3 of this Article;

5. Additional sanctions: Invalidating the result, documents and data of survey improperly with the actual survey or inconsistently with regulation and canceling the result slip of the below standard laboratory;

Article 25. Violation of regulations on making construction planning

1. A fine of between VND 2,000,000 and 5,000,000 shall be imposed for violating the time to formulate tasks of zone planning, urban planning and rural residential area and specialized technical infrastructure planning;

2. A fine of between VND 10,000,000 and 15,000,000 shall be imposed for violating the time to formulate zoning construction planning project, urban planning and rural residential area and specialized technical infrastructure planning as planning;

3. A fine of between VND 15,000,000 and 20,000,000 shall be imposed for one of the acts as follows:

a) Making drawing of construction planning project and drawing of construction general plan inconsistently with national technical regulations and applied standards and prescribed ratio;

b) The title block of drawing has no name of signature of the chairman of planning project and person in charge of design of subjects, contractor’s legal representative and seal;

c) There is not sufficient explanation and drawing in the construction planning design project; the design of general plan of works construction does not fully and correctly show the technical parameters and completely comply with the system of drawing symbols as prescribed;

d) There are no urban design documents or there are not sufficient as prescribed;

dd) There is no report on assessment of strategic environmental impact or there are not sufficient as prescribed;

e) Making the zoning planning inconsistently with the general planning, the detailed planning is not in line with the zoning planning;

g) Failing to comply with regulations on construction planning and other related design standards;

4. Remedial measures:

a) Coercively re-making drawing of construction planning project and drawing of construction general plan as prescribed for the acts specified at Point a, e and g, Clause 3 of this Article;

b) Coercively preparing urban design documents and reports on environmental impact as prescribed for the acts specified at Point d and dd, Clause 3 of this Article;

Article 26. Violation of regulations on making design and estimate of works construction

1. A fine of between VND 10,000,000 and 20,000,000 shall be imposed for one of the acts as follows:

a) Preparing the construction design documents improperly;

b) Changing the design improperly with the prescribed order;

c) Performing the contract of supervision of construction works designed by itself for the works using the state capital;

d) Performing the following step of design when the previous step of design has not been approved or is inconsistent with the previous step of design approved;

2. A fine of between VND 20,000,000 and 30,000,000 shall be imposed for one of the acts as follows:

a) Appointing the manufacturer of materials, supplies and equipment of works construction in the design and estimate documents;

b) Failing to include in the design the non-baked building materials for the works which must be compulsorily used with non-baked building materials;

c) Failing to comply with the national technical regulations and applied standards for the works when preparing the technical instruction; making safety design in excess of the prescribed level for the works using the state capital;

d) Calculating the transportation distance and means of transportation inconsistently with the actuality resulted in the increase in construction costs for the works using the state capital;

dd) Failing to organize the acceptance of construction design documents or organizing it improperly;

e) Formulating the method of construction without ensuring the technical and economic aspect, calculating the transportation distance and means of transportation inconsistently with the actuality resulted in the increase in estimate costs for the works using the state capital;

g) Making the estimate with the contents applying the norm code inconsistently with the contents of works; different data compared with the data applied by the norm code for the works using the state capital;

h) Making the estimate with the contents applying the norm which has not been approved by the competent authority and that norm is higher than that approved by the competent authority for the works using the state capital;

i) There is no design drawing of auxiliary works but the volume of work is included in the estimate to calculate the construction costs for the works using the state capital;

3. A fine of between VND 30,000,000 and 40,000,000 shall be imposed for one of the acts as follows:

a) Failing to include the technical standards and usability of equipment, materials and structural components in the design document;

b) Formulating the process of maintenance improperly;

c) Issuing documents of works construction design for the works with the compulsory geological survey when there has not been the result of geological survey of works or not consistent with the survey results as prescribed;

d) Applying the norm and unit price inconsistently with the method of construction, design documents, regulations and policies as prescribed; calculating and determining the volume to be included in the estimate not based on the parameter on the design drawing;

dd) Failing to use sample design and typical design for the works with compulsory use;

e) Failing to comply with the national technical regulations and applied standards for works;

4. Additional sanctions: Depriving the right to use the certificate of practice from 06 to 12 months of the chairman and the person in charge of design depending on the extent of violation;

5. Remedial measures:

a) Coercively re-making the estimate as prescribed for the acts specified at Point e, g, h, i, Clause 2 and Point Article, Clause 3 of this Article;

b) Coercively performing the re-design based on the result of geological survey of works for the acts specified at Point c, Clause 3 of this Article;

c) Coercively including in the design and estimate of types of non-baked building materials as prescribed for the remaining part of works under the construction for the acts specified at Point b, Clause 2 of this Article;

d) Coercively performing the acceptance of design documents as prescribed for the acts specified at Point dd, Clause 2 of this Article;

dd) Coercively formulating the process of maintenance as prescribed for the acts specified at Point b, Clause 3 of this Article;

e) Coercively making the design, estimate or price of tender package under the regulations of the state as a basis for approving the bid-winning price or contractor-appointing price;

Article 27. Violation of regulations on construction performance

1. Sanction shall be imposed for construction without means of coverage, spillage of building materials to the surrounding areas and putting of building materials at improper place

a) A caution or a fine of between VND 500,000 and 1,000,000 shall be imposed for building of separate houses or other works except for cases specified at Point b of this Clause;

b) A fine of between VND 5,000,000 and 10,000,000 shall be imposed for building of works subject to formulation of technical and economic report of works construction or formulation of works construction investment project;

2. Sanction shall be imposed for violating the regulations on construction resulted in the subsidence and cracking of adjacent works and technical infrastructure as follows:

a) A caution or a fine of between VND 500,000 and 1,000,000 shall be imposed for building rural separate housing or other construction works except for cases specified at Point b and c of this Clause;

b) A fine of between VND 5,000,000 and 10,000,000 shall be imposed for building urban separate housing;

c) A fine of between VND 20,000,000 and 30,000,000 shall be imposed for building of works subject to formulation of technical and economic report of works construction or formulation of works construction investment project;

3. A fine of between VND 30,000,000 and 40,000,000 shall be imposed for one of the following acts after the works has been recorded in writing due to administrative violation and stopped with construction:

a) Performing works construction inconsistently with the approved design or construction planning or urban design approved by the competent authority for the construction works exempted from building permit;

b) Performing works construction without building permit but there must be one as prescribed;

c) Performing works construction improperly with the contents of building permit issued;

d) Performing works construction on the land without permission for construction.

4. Sanction shall be imposed on the contractors that continue to perform the construction of works that has been issued with a decision on suspension of works construction by the competent person as follows:

a) A fine of between VND 50,000,000 and 100,000,000 shall be imposed for building rural separate housing or other works not subject to the cases specified at Point b and c of this Clause;

b) A fine of between VND 100,000,000 and 300,000,000 shall be imposed for building urban separate housing;

c) A fine of between VND 500,000,000 and 1,000,000,000 shall be imposed for building of works subject to formulation of technical and economic report of works construction or formulation of works construction investment project;

5. Sanction shall be imposed for construction in violation of regulations on management of quality of works resulted in collapse or at risk of collapse of adjacent works without causing damage to the health and lives of people as follows:

a) A fine of between VND 1,000,000 and 5,000,000 shall be imposed for building rural separate housing or other construction works not subject to the cases specified at Point b and c of this Clause;

b) A fine of between VND 15,000,000 and 20,000,000 shall be imposed for building urban separate housing;

c) A fine of between VND 30,000,000 and 40,000,000 shall be imposed for building of works subject to formulation of technical and economic report of works construction or formulation of works construction investment project;

6. Remedial measures: Coercively restoring the initial condition for the acts specified in Clause 1 (except for act of construction without means of coverage);

Article 28. Violation of regulations on safety in works construction

1. A fine of between VND 20,000,000 and 30,000,000 shall be imposed for one of the acts as follows:

a) Failing to equip the employees with means of labor protection in the construction site;

b) Preparing technical methods and organizing the construction without measures to ensure the labor safety;

c) Using the construction equipment without circulation paper, inspection or expiration of inspection time;

d) Having no safety signs;

dd) Failing to buy types of insurance as prescribed;

e) Having no records, documents and decisions on establishment of system of labor protection and safety;

2. A fine of between VND 30,000,000 and 40,000,000 shall be imposed on the contractors that violate regulations on process of works demolition.

Article 29. Violation of regulations on management of quality of construction works

1. A fine of between VND 5,000,000 and 10,000,000 shall be imposed for one of the acts as follows:

a) Using the result of below standard laboratories;

b) Having no record of machinery and equipment inspection before putting into construction as prescribed;

c) Failing to return the site plan and remove the contractor’s materials, machinery, equipment and other assets out of the construction site after the acceptance and hand-over of works (unless otherwise stated in the contract);

d) Having no construction record or recording the construction improperly;

dd) Failing to issue the decision on establishing the works steering board together with tasks assignment to each individual;

e) Losing the fixture or marker of works;

g) Failing to store or fully store documents of construction works quality management as prescribed;

2. A fine of between VND 20,000,000 and 30,000,000 shall be imposed for one of the acts as follows:

a) Failing to comply with the regulations of design on using non-baked building materials for the works which must be compulsorily used with non-baked building materials;

b) Failing to prepare the as-built drawing as prescribed or preparing the as-built drawing inconsistently with the actual construction;

c) Violating the regulations on warranty of works;

3. A fine of between VND 30,000,000 and 40,000,000 shall be imposed for one of the acts as follows:

a) Using the building materials, building components and technological equipment without certificate of origin and eligibility for quality and standards as prescribed;

b) Having no the investor’s written approval for the main materials;

c) Performing the construction inconsistently with the design approved;

d) Lacking the result of experiment of building materials as prescribed, performing the quality of materials does not ensure the technical requirements or lacking documents of quality;

dd) Failing to perform the construction in line with the method of construction approved;

e) Failing to set up the deformation survey system of works and adjacent works during the construction as prescribed;

4. A fine of between VND 40,000,000 and 50,000,000 shall be imposed for one of the acts as follows:

a) Failing to set up the quality management system or setting up the quality management system but inconsistently with the size of works;

b) The quality management system does not provide for responsibility of each individual and department relating to the management of works quality;

c) Failing to supervise the construction except for case of building separate housing;

5. Remedial measures:

a) Coercively canceling the experimental result of the below standard laboratory for the acts specified at Point a, Clause 1 of this Article;

b) Coercively using the non-baked building materials as prescribed for the remaining part of works under construction for the acts specified at Point a, Clause 2 of this Article.

Article 30. Violation of regulations on supervision of works construction

1. A fine of between VND 5,000,000 and 10,000,000 shall be imposed for one of the acts as follows:

a) Having no supervision record or recording the supervision improperly;

b) Supervising the construction without organizational chart and supervision outline as prescribed;

2. A fine of between VND 20,000,000 and 30,000,000 shall be imposed for supervising the construction inconsistently with the supervision outline;

3. A fine of between VND 30,000,000 and 40,000,000 shall be imposed for one of the acts as follows:

a) Signing contract with the construction contractor to perform experiment of materials or inspect the quality of construction works under its supervision

b) Performing the experiment of specialized construction and inspecting the quality of works under its supervision;

4. A fine of between VND 40,000,000 and 50,000,000 shall be imposed for failing to perform the supervision of construction as prescribed;

5. A fine of between VND 50,000,000 and 60,000,000 shall be imposed for one of the acts as follows:

a) Falsifying the result of supervision;

b) Letting the construction contractor perform work inconsistently with the approved design, performing work inconsistently with the design documents on geometric dimension, types and specification of building materials; performing work improperly with the methods of construction approved;

c) Letting the construction contractor not use the non-baked building materials designed for the works which must be compulsorily used with non-baked building materials;

d) Performing the acceptance but having no as-built drawing of works parts and works items; signing the acceptance documents when having no certificate of construction supervision practice;

6. Remedial measures:

a) Coercively canceling the result of experiment, inspection and supervision for the acts specified in Clause 3, Point a, Clause 5 of this Article;

b) Coercively using the non-baked building materials as prescribed for the remaining part of works under the construction for the acts specified at Point c, Clause 5 of this Article;

Article 31. Violation of regulations on acceptance and payment of volume of construction works

1. A fine of between VND 10,000,000 and 15,000,000 shall be imposed for one of the acts as follows:

a) Failing organize the acceptance by itself;

b) Performing the acceptance inconsistently with the order and procedures as prescribed;

c) Certifying the works completion document improperly;

d) Failing to formulate documents, materials and drawing related to construction works in Vietnamese and foreign language in case the investor or contractor is a foreigner.

2. A fine of between VND 20,000,000 and 30,000,000 shall be imposed for the extension of time for completion of documents and materials for the acceptance, payment and settlement of works as prescribed;

3. A fine of between VND 30,000,000 and 40,000,000 shall be imposed for one of the acts as follows:

a) Performing the acceptance when there is volume of construction;

b) Failing to perform the acceptance properly with the quality and actual volume of construction;

c) Failing to certify the works completion document in line with the actual construction;

4. A fine of between VND 80,000,000 and 100,000,000 shall be imposed for handing over the works to the owner when the acceptance has not been held as prescribed;

5. Remedial measures: Coercively canceling the result of acceptance, payment and settlement for the acts specified at Point a and b, Clause 3 of this Article;

Article 32. Violation of foreign contractor involved in construction in Vietnam

1. A fine of between VND 20,000,000 and 30,000,000 shall be imposed for violating the regulation on periodical report as prescribed;

2. A fine of between VND 30,000,000 and 40,000,000 shall be imposed for involving in the construction activities in Vietnam without contractor permit as prescribed;

3. A fine of between VND 40,000,000 and 50,000,000 shall be imposed for not using subcontractors Vietnam as prescribed.

4. A fine of between VND 50,000,000 and 60,000,000 shall be imposed for participating in making urban planning project without the recognition of conformity with capacity for the assigned work from the competent authority.

SECTION 3. FOR OTHER ORGANIZATIONS AND INDIVIDUALS

Article 33. Violation of regulations on stoppage of power and water supply for works in violation of construction order

1. A fine of between VND 20,000,000 and 30,000,000 shall be imposed for failing to stop the power and water supply for works in violation of construction order when there is a decision on suspension of works construction from the competent person;

2. Remedial measures: Coercively stopping the power and water supply for works in violation of construction order;

Article 34. Violation of regulations on verification, inspection, experiment and training in construction activities

1. A fine of between VND 5,000,000 and 10,000,000 shall be imposed for one of the acts as follows:

a) Failing to store the experimental documents, sample receiving slip and experimental result slip as prescribed;

b) Failing to store or store documents of course properly;

2. A fine of between VND 30,000,000 and 40,000,000 shall be imposed for one of the acts in violation of regulations on verification as follows:

a) The verification activities do not meet the conditions and qualification as prescribed;

b) Performing the verification inconsistently with the order and procedures as prescribed;

c) Making report on result of verification incorrectly;

3. A fine of between VND 30,000,000 and 40,000,000 shall be imposed for one of the acts in violation of regulations on inspection as follows:

a) The inspection activities do not meet the conditions and qualification as prescribed;

b) Performing the inspection of quality inconsistently with the order and procedures as prescribed;

c) Making report on result of inspection incorrectly;

4. A fine of between VND 30,000,000 and 40,000,000 shall be imposed for one of the acts in violation of regulations on experiment as follows:

a) The experiment activities do not meet the conditions and qualification as prescribed;

b) Performing the experiments and providing data and result of experiment improperly; making report on experiment result incorrectly; the data on the slip of experiment result are not in conformity with the ones recorded in the book of experiment result;

5. A fine of between VND 30,000,000 and 40,000,000 shall be imposed for one of the acts in violation of regulations on training as follows:

a) Admitting the learners who are not qualified for entrance as prescribed;

b) Failing to organize the training or organize the training ineligibly as prescribed but issuing certificate;

c) Issuing certificate inconsistently with the prescribed form;

d) Failing to comply with regulations on periodical report; announce the change of location of training facility;

6. A fine of between VND 50,000,000 and 60,000,000 shall be imposed for the training and issue of certificate of supervision training of construction works; certificate of completion of training course of construction valuation; certificate of project management profession training without the recognition of the Ministry of Construction;

7. Additional sanctions: Depriving the right to use the training permit from 06 to 12 months for the acts of violation specified at Point b, Clause 5 of this Article;

8. Remedial measures:

a) Coercively canceling the result of training and refunding the school fee to the learners for the acts specified at Point a and b, Clause 5 and 6 of this Article;

b) Proposing the competent authority to recover the decision on recognition of laboratory for the acts specified at Point b, Clause 4 of this Article;

Chapter 3.

ACTS OF ADMINISTRATIVE VIOLATION, FORMS OF SANCTION AND REMEDIAL MEASURES IN THE FIELD OF REAL ESTATE BUSINESS

Article 35. Violation of regulations on real estate business

1. A fine of between VND 50,000,000 and 60,000,000 shall be imposed for one of the acts as follows:

a) Selling, transferring, leasing and hire purchasing real estate subject to transaction through the real estate trading floor, but failed as prescribed;

b) Having no function of real estate business but still selling, transferring, leasing, sub-leasing and hire purchasing real estate;

c) Selling, transferring, leasing, sub-leasing and hire purchasing real estate inconsistently with the order and procedures as prescribed;

d) Failing to certify or properly certify the real estate sold, purchased, transferred, leased and hire purchased through the real estate trading floor;

dd) Determining the legal capital to register the real estate business improperly;

e) Failing to provide or fully and completely provide the papers and information related to the real estate sold , transferred, leased, sub-leased and hire purchased for customers who have carried out the real estate transactions at the real estate trading floor;

g) Failing to send the list or send the correct list to the competent authority in order to certify the list of people who are divided with the housing products as prescribed;

h) The investor of real estate business project subject to making a report but fails or does improperly on the status of construction investment and real estate business project;

i) Failing to publicize the information on real estate as prescribed;

k) Declaring the owner’s equity to register the investment in new urban area project, residential housing development project and technical infrastructure investment project of industrial park improperly;

2. A fine of between VND 60,000,000 and 70, 000,000 shall be imposed for real estate business without meeting the conditions or being permitted to do its business as prescribed;

3. A fine of between VND 100,000,000 and 150, 000,000 shall be imposed for one of the acts as follows:

a) Violating the regulations on capital mobilization or sale and purchase in the form of advance in construction investment for the housing development project and real estate business project;

b) Violating the regulations on transfer of real estate business project;

4. Additional sanction: Depriving the right to use the certificate of business registration on real estate activities from 06 to 12 months for the acts specified at Point a and c, Clause 1 and 2 of this Article upon recidivism.

5. Remedial measures:

a) Coercively fully providing information or rectifying the incorrect information or coercively sending the list to the competent authority for the acts specified at Point e and g, Clause 1 of this Article;

b) Coercively surrendering the illegal benefits obtained due to administrative violation specified in Clause 3 of this Article;

Article 36. Violation of regulations on establishment and operation of real estate floor

1. A fine of between VND 50,000,000 and 60,000,000 shall be imposed for one of the acts as follows:

a) Violating the regulations on establishment of real estate trading floor;

b) Violating the regulations on operation location of real estate trading floor or change of transaction address without notifying the competent authority as prescribed;

c) Failing to report or fully report the operation of real estate trading floor to the competent state authority as prescribed;

d) Failing to operate improperly with regulations on operation registered with the Service of Construction;

2. A fine of between VND 60,000,000 and 70,000,000 shall be imposed for one of the acts as follows:

a) Advertising and publishing information related to the transaction of real estate at the real estate trading floor and on mass media without authorization for transaction from the owner of real estate;

b) Failing to post and publish information on the real estate which has been sold, purchased, transferred, leased, sub-leased and hire purchased at the real estate trading floor or fully post and publish information as prescribed;

c) Failing to comply with or properly comply with the regulations on money laundering in the real estate business as prescribed;

d) Selling and purchasing, transferring, leasing and hire purchasing the real estate through the real estate trading floor not in the correct order and procedures as prescribed or when the real estate is not eligible for transaction through the real estate trading floor as prescribed.

3. Additional sanctions: Suspending the operation of real estate trading floor from 12 to 24 months for the acts specified in Clause 1 and 2 of this Article upon recidivism;

Article 37. Violation of regulations on training and fostering of knowledge in the field of housing and real estate business;

1. A fine of between VND 30,000,000 and 40,000,000 shall be imposed for one of the acts as follows:

a) Training and issuing certificate of training course completion improperly;

b) Failing to report the training to the competent state authority as prescribed;

2. A fine of between VND 50,000,000 and 60,000,000 shall be imposed for one of the acts as follows:

a) Advertising and posting the recruitment of learner or performing the training without the permission from the Ministry of Construction;

b) Failing to perform the training but issuing certificate of training course completion;

3. Additional sanctions: Depriving the right to use the training permit from 06 to 12 months for the acts specified at Point b, Clause 2 of this Article;

4. Remedial measures:

a) Do not recognizing the result of training for the acts specified at Point a, Clause 1, Point b, Clause 2 of this Article depending on the seriousness of the violation;

b) Recovering or declaring the invalidation of the issued certificate;

c) Coercively returning the school fee to the learners for the acts specified at Point a, Clause 1 and Point b, Clause 2 of this Article depending on the seriousness of the violation;

Article 38. Violation of regulations on real estate business services

1. A fine of between VND 10,000,000 and 15,000,000 shall be imposed for one of the acts as follows:

a) Practicing the independent real estate brokerage and valuation without having certificate of practice as prescribed; managing and operating the real estate trading floor without having the certificate of completion of knowledge fostering and training course on management and operation of real estate trading floor; performing the management and operation of apartment building without having certificate of completion of knowledge fostering and training course on professional management and operation of apartment building;

b) Erasing, modifying, lending, leasing or hiring and borrowing certificate of real estate brokerage and valuation practice for real estate business services or certificate of real estate trading floor management and operation or certificate of completion of knowledge fostering and training course on professional management and operation of apartment building;

c) Violation of regulations on operation of real estate brokerage and valuation;

2. A fine of between 30,000,000 and 40,000,000 shall be imposed for employing the real estate broker or valuator who does not have certificate of practice as prescribed or employing person subject to having certificate of completion of knowledge fostering and training course on professional management and operation of apartment building but not having as prescribed;

3. A fine of between 40,000,000 and 60,000,000 shall be imposed for insufficient number of people having certificate of real estate brokerage and valuation as prescribed;

4. A fine of between 60,000,000 and 70,000,000 shall be imposed for one of the acts as follows:

a) Doing business in real estate services improperly;

b) Failing to register the business line of real estate services but still doing business in real estate services;

5. Additional sanction:

a) Depriving the right to use the certificate of real estate brokerage and valuation practice from 06 to 12 months for the acts specified at Point b and c, Clause 1 of this Article;

b) Suspending the operation of real estate business from 06 to 12 months for the acts specified at Point a, Clause 4 of this Article;

Chapter 4.

ACTS OF ADMINISTRATIVE VIOLATION, FORMS OF SANCTION AND REMEDIAL MEASURES IN OPERATION, PRODUCTION AND TRADING OF BUILDING MATERIALS

Article 39. Violation of regulations on processing of minerals as building materials, production of building materials

1. A fine of between VND 30,000,000 and 40,000,000 shall be imposed for one of the acts as follows:

a) Processing minerals as building materials without legal origin;

b) Producing the building materials without compliance with the national technical regulations;

c) Producing the building materials without the quality standards or quality assurance under the standards that have been published;

2. A fine of between VND 40,000,000 and 50,000,000 shall be imposed for using asbestos materials in the production of building materials improperly;

3. A fine of between VND 50,000,000 and 60,000,000 shall be imposed for one of the acts as follows:

a) Making investment in plant processing minerals as building materials exceeding the capacity permitted by the competent authority;

b) Using minerals as building materials for improper purposes without permission from the competent authorities.

4. A fine of between VND 60,000,000 and 70,000,000 shall be imposed for mining minerals as building materials without mining design and compliance with the mining process or labor safety as prescribed;

5. Remedial measures: Coercively surrendering the illegal benefits obtained due to administrative violation specified at Point a and b, Clause 1 and 3 of this Article;

Article 40. Violation of regulation on trading of building materials

1. A fine of between VND 500,000 and 1,000,000 shall be imposed for one of the acts as follows:

a) Failing to have measures to ensure the safety for people at the place of sale of building materials having smell of harmful and dusty chemicals: oil paint, oil paper, compressed weaved bamboo, tar, hydrated lime, lump lime and other types of building materials as prescribed;

b) Having no shielding barrier and warning signs at lime pit area and lime pools.

2. A fine of between VND 30,000,000 and 40,000,000 shall be imposed for one of the acts as follows:

a) Failing to make a report on export of minerals as building materials as prescribed to the competent state authority;

b) Circulating products without publication of conformity with national technical regulations;

3. Additional sanctions: Suspending the trading of building materials from 06 to 12 months for the acts specified in Clause 2 of this Article;

Chapter 5.

ACTS OF ADMINISTRATIVE VIOLATION, FORMS OF SANCTION AND REMEDIAL MEASURES IN MANAGEMENT OF TECHNICAL INFRASTRUCTURE WORKS

SECTION 1. VIOLATION ON WATER DRAINAGE AND SUPPLY

Article 41. Violation of regulations on protection of safety area of underground water extraction

1. A fine of between VND 1,000,000 and 5,000,000 shall be imposed for discharging of manure, garbage, building waste, animal raising and cultivation of crops in the safe area of groundwater wells.

2. A fine of between VND 1,000,000 and 2,000,000 shall be imposed for digging trash pit, manure pit, lime pit, burying animals and harmful waste in the safety area of groundwater wells.

3. A fine of between VND 20,000,000 and 30,000,000 shall be imposed for the acts of violating the regulations on protection of safety area of groundwater well not subject to the cases specified in Clause 1 and 2 of this Article;

4. A fine of between VND 40,000,000 and 50,000,000 shall be imposed for extraction of groundwater for implementing the construction investment project without permission from the competent authority;

5. Remedial measures:

a) Coercively restoring the initial conditions for the acts specified in Clause 1, 2 and 3 of this Article;

b) Coercively taking remedial measures of environmental pollution for the acts specified in Clause 1, 2 and 3 of this Article;

Article 42. Violation of regulations on protection of safe area of surface water for domestic water

1. A fine of between 30,000,000 and 50,000,000 shall be imposed for building types of works on land, on water, under water in a protection area of surface water.

2. Remedial measures:

a) Coercively taking remedial measures of environmental pollution;

b) Coercively demolishing construction works and parts of construction works in violation as prescribed in Decree No. 180/2007/ND-CP.

Article 43. Violation of regulations on the protection of the safety corridors of the raw water pipelines and clean water pipelines

1. A caution or a fine of between 500,000 and 1,000,000 shall be imposed for one of the acts: discharging trash, wastewater, soils and stone and building materials in the safety corridors of the raw water pipelines and clean water pipelines;

2. A caution or a fine of between 15,000,000 and 20,000,000 shall be imposed for digging and removing soil and stone in the safety corridors of the raw water pipelines and clean water pipelines; enriching the safety corridor of the raw water pipelines and clean water pipelines;

3. A fine of between VND 20,000,000 and 25,000,000 shall be imposed for breaking the raw water pipelines and clean water pipelines;

4. Remedial measures:

a) Coercively taking remedial measures of environmental pollution;

b) Coercively restoring the initial conditions;

Article 44. Violation of regulations on safety protection of technical works of water supply system

1. A caution or a fine of between VND 500,000 and 1,000,000 shall be imposed for the acts of discharging manure, trash, building materials, defecation, animal raising, tree and vegetable plantation, crop cultivation in the safety area of works of water supply system;

2. A caution or a fine of between VND 500,000 and 1,000,000 shall be imposed for one of the acts of violation of regulations on safety, protection of safety area of water towers, reservoirs and other technical works of water supply system;

3. Remedial measures: Coercively taking remedial measures of environmental pollution;

Article 45. Violation of regulation on protection and using of water supply system

1. A caution or a fine of between VND 500,000 and 1,000,000 shall be imposed for one of the acts as follows:

a) Using water before the position of water meter;

b) Falsifying water meter;

c) Arbitrarily changing location, size and type of water meter;

d) Removing seal or lead seal of water measuring device improperly;

2. A fine between VND 1,000,000 and 5,000,000 shall be imposed for one of the acts as follows:

a) Damaging the water supply pipelines and technical equipment in the water supply network;

b) Willingly connecting the water supply pipeline and changing the diameter of water supply pipelines improperly;

c) Moving pipelines and technical equipment of the water supply network improperly.

3. A fine of between VND 20,000,000 and 30,000,000 shall be imposed for one of the acts as follows:

a) Supplying clean water for domestic use without prescribed quality assurance;

b) Failing to supply water under the contract signed with the households using water.

4. Remedial measures:

a) Coercively restoring the initial conditions;

b) Coercively surrendering the illegal benefits obtained due to administrative violation specified at Point a, b and c, Clause 1, Point b, Clause 2 of this Article;

Article 46. Violation of regulations on operation and use of water drainage system

1. A fine of between VND 1,000,000 and 2,000,000 shall be imposed for discharging soil, stone, materials and trash into rivers, lakes, canals, ditches, manholes, culvert and gutter to impede the flow;

2. A fine of between VND 2,000,000 and 4,000,000 shall be imposed for one of the acts as follows:

a) Discharging the hazardous materials into the public water drainage system;

b) Violating the regulations on protection of water drainage system;

3. A fine of between VND 4,000,000 and 8,000,000 shall be imposed for one of the acts as follows:

a) Arbitrarily connecting to the water drainage network and performing construction in rivers, channels, ponds and lakes;

b) Leveling and filling up canals, ditches, ponds for public drainage in contravention with the law;

c) Willingly moving the underground pipeline and water drainage manhole;

d) Performing works construction on land, on water surface, under water in the protection area of water drainage system in contravention with the law;

4. Remedial measures:

a) Coercively restoring the initial conditions;

b) Coercively demolishing the construction works and construction parts in violation as prescribed in Decree No. 180/2007/ND-CP for the acts specifies at Point d, Clause 3 of this Article;

SECTION 2. VIOLATION OF REGULATIONS ON MANAGEMENT OF GENERAL SOLID WASTE

Article 47. Violation of regulations on collection, transport and dumping of trash and building waste and treatment of general solid waste

1. A fine of between VND 5,000,000 and 10,000,000 shall be imposed for failing to record and store documents of waste materials as prescribed;

2. A fine of between VND 15,000,000 and 30,000,000 shall be imposed for one of the acts as follows:

a) Storing the general solid waste at improper place or exceeding the prescribed time without treatment;

b) Placing the general solid waste with types of hazardous waste;

3. A fine of VND 30,000,000 and 40,000,000 shall be imposed for one of the acts as follows:

a) Operating the general solid waste treatment facility inconsistently with the technological process in projects appraised and approved by the competent authority;

b) Using the treatment technology of general solid waste inconsistently causing environmental pollution or substandard environmental indicators;

c) Treating the general solid waste inconsistently with the process and techniques and without assurance of survey indicators of gas emission, water environment, heavy metal composition, physico-chemical indicators and organic indicators as prescribed;

d) Failing to arrange safe distance for other civil works as prescribed;

4. Remedial measures:

a) Coercively taking remedial measures of environmental pollution for the acts specified in Clause 2, Point a, b and c of Clause 3 of this Article;

b) Coercively treating the general solid waste under the prescribed processes and techniques for the acts specified at Point c, Clause 3 of this Article;

c) Coercively ensuring the safe distance as prescribed for the acts specified at Point d, Clause 3 of this Article;

SECTION 3. VIOLATION OF REGULATIONS ON URBAN LIGHTING AND TREES

Article 48. Violation of regulations on protection and use of public lighting system

1. A caution or a fine of between VND 500,000 and 1,000,000 shall be imposed for decoration, hanging of advertising panel and other things on lighting columns without permission or with permission but improper hanging;

2. A fine of between VND 5,000,000 and 10,000,000 shall be imposed for one of the acts as follows:

a) Damaging the equipment and public lighting system;

b) Illegally moving or improperly using the devices in the public lighting system;

3. Remedial measures: Coercively restoring the initial conditions.

Article 49. Violation of regulations on protection of trees, parks and gardens

1. A caution or a fine of between VND 200,000 and 500,000 shall be imposed for piercing or nailing trees; willingly plucking flowers, cutting branches, burning foot of tree, peeling trunk, defecating or committing other acts to damage trees, gardens and lawn;

2. A caution or a fine of between VND 500,000 and 1,000,000 shall be imposed for one of the acts as follows:

a) Building ring around tree foot on streets, parks and other public places improperly;

b) Stretching wire, decorative lighting, hanging advertising panel and other things on trees at public places, streets and parks improperly;

c) Leaving cattle graze in parks and gardens;

3. A fine of between VND 10,000,000 and 15,000,000 shall be imposed for one of the acts as follows:

a) Discharging waste, hazardous substance and building materials onto tree foot or willingly damaging and impeding the development of trees in urban area;

b) Planting trees on pavement, separating strip, streets, intersections and public areas improperly;

c) Planting trees in the list of trees banned from plantation and other trees in the list of trees of limited plantation without permission from the competent authority;

d) Failing to use works in parks for improper purposes;

dd) Damaging cultural facilities, services and public works in parks and gardens;

e) Encroaching and building works on the existing tree land or identified in the urban planning or preventing the tree plantation as prescribed;

g) Organizations and individuals assigned for management have failed to comply with the regulations on maintenance, care and development of urban trees;

4. A fine of between VND 20,000,000 and 30,000,000 shall be imposed for willingly chopping or moving trees; cutting branches, trimming, digging and cutting root improperly;

5. Remedial measures:

a) Coercively restoring the initial conditions for the acts specified at Point a, b, Clause 2, Point a, b, c, Article and dd, Clause 3 of this Article;

b) Coercively demolishing construction work and works parts in violation as prescribed in Decree No. 180/2007/ND-CP for the acts specified at Point e, Clause 3 of this Article.

SECTION 4. VIOLATION OF REGULATIONS ON MANAGEMENT OF CEMETERY

Article 50. Violation of regulations on building, management and use of cemetery.

1. A caution or a fine of between VND 500,000 and 1,000,000 shall be imposed for one of the acts as follows:

a) Building tombs and gravestones and other works in cemetery improperly;

b) Damaging gravestones and tombs in the cemetery;

2. A fine of between VND 2,000,000 and 5,000,000 shall be imposed for one of the acts as follows:

a) Performing the burial the cemeteries which were closed as prescribed;

b) Failing to move tombs under the cemetery construction planning or urban development project approved by the competent authority;

c) Willingly move tombs in cemetery without permission of cemetery management board;

d) Hindering or failing to comply with regulations on burial, exhumation of bone and disinterment and cremation;

3. A fine of between VND 10,000,000 and 15,000,000 shall be imposed for one of the acts as follows:

a) Damaging public works in cemetery;

b) Building fake tomb and cemetery;

c) Digging and damaging tombs without permission from the competent authority;

SECTION 5. VIOLATION OF REGULATIONS ON MANAGEMENT OF UNDERGROUND WORKS AND GENERAL USE OF URBAN TECHNICAL INFRASTRUCTURE

Article 51. Violation of regulations on using urban underground works

1. A fine of between VND 5,000,000 and 10,000,000 shall be imposed for one of the acts as follows:

a) Illegally connecting underground wires and pipes;

b) Using system of tunnel and trench without permit or for wrong purpose; willingly digging, moving and connecting tunnel and trench; violating regulations on management and protection of technical infrastructure works;

2. Remedial measures: Coercively restoring the initial conditions.

Article 52. Violation of regulations on management, operation and use of technical infrastructure works

1. A fine of between VND 5,000,000 and 10,000,000 shall be imposed for assigned to manage the technical infrastructure works without coverage, installation of signs and issue of regulations on protection of technical infrastructure works;

2. A fine of between VND 15,000,000 and 20,000,000 shall be imposed for the violation of regulations on maintenance and repair of technical infrastructure works;

Article 53. Violation of regulations on management and general use of technical infrastructure works

1. A fine of between VND 10,000,000 and 20,000,000 shall be imposed for one the acts as follows:

a) Obstructing the installation, operation, maintenance, equipment upgrade under the signed contract;

b) Violation of regulations on management, operation, use and maintenance of technical infrastructure works commonly used;

2. A fine of between VND 20,000,000 and 30,000,000 shall be imposed for installation, management and operation of wire, telecommunication cable, electricity, public lighting, water supply and drainage pipeline, energy supply and equipment in technical infrastructure works commonly used inconsistently with regulations;

3. A fine of between VND 30,000,000 and 40,000,000 shall be imposed for building the technical infrastructure works commonly used without compliance with the urban planning and without building permit as prescribed or inconsistently with the contents of building permit issued;

4. Remedial measures:

a) Coercively restoring the initial conditions for the acts specified in Clause 2 of this Article;

b) Coercively demolishing the construction works, parts of construction works in violation as prescribed in Decree No. 180/2007/ND-CP for the acts specified in Clause 3 of this Article;

Chapter 6.

ACTS OF ADMINISTRATIVE VIOLATION, FORMS OF SANCTION AND REMEDIAL MEASURES IN MANAGEMENT AND DEVELOPMENT OF HOUSING AND OFFICES

Article 54. Violation of regulations on housing development

1. A fine of between VND 20,000,000 and 30,000,000 shall be imposed for one of the acts as follows:

a) Failing to publicize information on housing project or fully and correctly publicize information on housing under implementation as prescribed;

b) Failing to make a report on implementation of project to the competent authority as prescribed;

c) Classifying apartment building inconsistently with regulations;

2. A fine of between VND 80,000,000 and 100,000,000 shall be imposed for one of the acts as follows:

a) Failing to reserve land fund or reserve insufficient land area in the commercial housing development project for construction of social housing as prescribed;

b) Failing to invest in synchronous construction of social and technical infrastructure under the project approved;

c) Deploying the project behind schedule approved.

3. Remedial measures:

a) Coercively publicize information as prescribed for the acts specified at Point a, Clause 1 of this Article;

b) Coercively reserving the land fund as prescribed to build social housing for the acts specified at Point a, Clause 2 of this Article;

Article 55. Violation of regulations on management and use of housing

1. A caution or a fine of between VND 500,000 and 1,000,000 shall be imposed for one of the acts as follows:

a) Advertising, writing and drawing outside housing in contravention of regulations;

b) Raising livestock and poultry in the part of common ownership or part of common use; raising livestock and poultry in the part of private ownership or part of private use affecting the order, beauty and living environment of other households and public area;

2. A fine of between VND 10,000,000 and 20,000,000 shall be imposed for one of the acts in violation of regulations on management and use of apartment building as follows:

a) Discharging trash, wastewater, exhaust gas and toxic substances indiscriminately, causing penetration, leakage and environmental pollution;

b) Using funds for management and operation or for maintenance of part of common ownership of apartment building improperly;

c) Using color of paint and decorating the façade of apartment or apartment building in contravention of regulations;

3. A fine of between VND 50,000,000 and 60,000,000 shall be imposed for one of the acts in violation of regulations on management and use of apartment building as follows:

a) Doing business in restaurant, karaoke and discos;

b) Repairing motorcycles, trading cattle and poultry; slaughtering livestock;

c) Arbitrarily newly expanding and taking up area and space or damaging the property under common ownership or common use in any form; breaking, renovating or dismantling structures of part of common ownership or private ownership or part of private use; changing the bearing structure, technical infrastructure and equipment commonly used and the external architecture of apartment building;

d) Dividing and converting the purpose of use of common ownership or common use in contravention of regulations;

dd) Trading gas or explosive and flammable materials;

4. Sanction shall be imposed for one of the acts in violation of regulations on management and use villas in urban areas as follows:

a) A fine of between VND 10,000,000 and 20,000,000 shall be imposed for one of the acts specified in Clause 2 of this Article;

b) A fine of between VND 50,000,000 and 60,000,000 shall be imposed for one of the acts specified in Clause 3 of this Article or the act of breaking down ancient trees within the villa precinct;

c) A fine of between VND 80,000,000 and 100,000,000 shall be imposed for arbitrarily dismantling or renovating resulted in change of planning (construction density, number floor and height), the exterior architectural design for villas of group 2 as prescribed;

d) A fine of between VND 100,000,000 and 120,000,000 shall be imposed for arbitrarily dismantling or renovating resulted in change of planning (construction density, number floor and height), the architectural design and original appearance for villas of group 1 as prescribed;

5. A fine of between VND 50,000,000 and 60,000,000 shall be imposed for one of the acts in violation of regulations on housing management as follows:

a) Encroaching the housing and space around the housing or illegally occupying the housing area;

b) Failing to dismantle housing as prescribed or comply with the decision on dismantlement of housing of the competent authority;

c) Using the state-owned housing but expanding, repairing and renovating it without the approval from the housing management board.

6. Remedial measures:

a) Coercively restoring the initial condition for the acts specified in Clause 1, Point a, Clause 2, Point d, Clause 3, Point c, d, Clause 4 and Point a, Clause 5 of this Article;

b) Coercively dismantling the construction works or parts of construction works in violation as prescribed in Decree No. 180/2007/ND-CP for the acts specified at Point d, Clause 3, Point c, d, Clause 4, Point a, Clause 5 of this Article.

Article 56. Violation of regulations on housing transaction

1. A fine of between VND 2,000,000 and 4,000,000 shall be imposed for one of the acts as follows:

a) Lending, managing with authorization or renting housing without making a contract as prescribed;

b) Failing to notarize or certify contract on housing as prescribed;

2. A fine of between VND 40,000,000 and 50,000,000 shall be imposed for one of the acts as follows:

a) Selling, renting or hire purchasing the social housing invested by the non-state capital for improper subjects or conditions as prescribed;

b) Selling, renting or hire purchasing the housing under the state ownership beyond the competence, to improper subjects or under improper conditions as prescribed;

c) The persons who are entitled to rent housing under the state ownership or persons who hire purchase the housing have transferred, converted, sub-leased or lent it without the approval of the competent authority as prescribed;

3. A fine of between VND 60,000,000 and 70,000,000 shall be imposed on foreign organizations possessing the housing in Vietnam to improper subjects or under improper conditions as prescribed;

4. A fine shall be imposed on individuals who are foreigners and Vietnamese people residing abroad and have one of the acts of violation as follows:

a) A fine of between VND 40,000,000 and 50,000,000 shall be imposed for possessing the housing in Vietnam to improper subjects or under improper conditions as prescribed;

b) A fine of between VND 60,000,000 and 70,000,000 shall be imposed for possessing the housing in Vietnam with improper number or type as prescribed;

Article 57. Violation of regulations on management and use of office building

1. A caution or a fine of between VND 50,000 and 200,000 shall be imposed for using devices for personal cooking and boiling in working office;

2. A fine of between VND 10,000,000 and 20,000,000 shall be imposed for commercial advertising at offices;

3. A fine of between VND 40,000,000 and 50,000,000 shall be imposed for placing explosive materials in working office;

Chapter 7.

ACTS OF ADMINISTRATIVE VIOLATION, FORMS OF SANCTION AND REMEDIAL MEASURES IN EXAMINATION AND INSPECTION OF SPECIALIZED CONSTRUCTION

Article 58. Violation of regulations on examination and inspection of specialized construction

Organizations and individuals that act against or impede the competent person to perform the examination and inspection in activities of construction, real estate business, mining, production and business of building materials; management of technical infrastructure, management of housing and office development shall be sanctioned for administrative violations in the form and level of penalty for acts of opposition or impediment of law enforcer prescribed in the Government’s Decree on sanction of administrative violation in the field of security, order and social safety.

Chapter 8.

AUTHORITY TO RECORD AND SANCTION ADMINISTRATIVE VIOLATION

Article 59. Authority to record administrative violation

The persons having the authority to record the administrative violation for the acts specified in this Decree include:

1. The persons having the authority to sanction are specified in Article 61, 62, 63, 64, 67, 68 and 69 of this Decree;

2. Officials of People’s Committee of all levels are assigned to examine and detect the administrative violation in the fields specified in this Decree.

3. Officials and inspectors of state inspection agencies in the sector of construction are assigned to perform the independent examination and inspection or inspection team;

4. Officials are assigned to perform the examination in each field of state management on: construction activities, real estate business, operation, production and business of building materials; management of technical infrastructure and management of housing and office development;

5. The persons having the authority to sanction belonging to people’s Public security are entitled to record the administrative violation for the acts specified in Article 58 of this Decree;

6. The persons having the authority to sanction under the market management authority are specified in Article 45 of the Law on handling of administrative violation for the acts specified at Point b, Clause 2, Article 40 of this Decree.

Article 60. Authority to sanction administrative violation

1. The persons having the authority to sanction specified in this Decree are only permitted to sanction administrative violation within their competence. Where the acts of violation are beyond their competence, they must record those acts and transfer them to the competent authority for issuing the sanctioning decision;

2. When applying the form of sanction as depriving the right to use building permit, certificate of practice, the persons having the authority to impose sanction must notify in writing to or send the decision on sanction of administrative violation to the Construction Service Inspection.

3. In case of administrative violation under the authority of many persons, the sanction of administrative violation shall be done by the person who handles the case first;

4. The authority to impose a fine specified in Article 61, 62, 63, 64, 66, 67, 68 and 69 of this Decree is the authority to impose a fine for organizations; the authority to impose a fine for individuals is equal to a half of that for organizations;

Article 61. Authority to sanction of construction inspector

1. A caution

2. A fine up to VND 1,000,000.

3. Applying the remedial measures specified at Point a and b, Clause 3, Article 5 of this Decree.

Article 62. Authority to sanction of Head of specialized inspection team

1. The Head of specialized inspection team of Construction Service inspection has the authority to impose sanction as follows:

a) A caution;

b) A fine up to VND 100,000,000.

c) Depriving the right to use building permit, certificate and certificate of practice or suspending the operation with a definite time;

d) Applying the remedial measures specified at Point a, b, c and e, Clause 3, Article 5 of this Decree.

2. The Head of specialized inspection team of the Ministry of Construction inspection has the authority to impose sanction as follows:

a) A caution;

b) A fine of between VND 500,000,000 shall be imposed for the field of construction; up to VND 210,000,000 shall be imposed in the fields: real estate business, mining, production and trading of building materials; management of technical infrastructure; management and development of housing and offices;

c) Depriving the right to use the building permit, certificate and certificate of practice or suspending the operation with a definite time;

d) Applying the remedial measures specified at Point a, b, c, d and e, Clause 3, Article 5 of this Decree.

Article 63. Authority to sanction of chief inspector of Construction Service

1. A caution.

2. A fine up to VND 100,000,000.

3. Depriving the right to use building permit, certificate and certificate of practice or suspending the operation with a definite time;

4. Applying the remedial measures specified in Clause 3, Article 5 of this Decree.

Article 64. Authority to sanction of chief inspector of Ministry of Construction

1. A caution.

2. A fine:

a) Up to 30,000,000 shall be imposed in the fields: real estate business, mining, production and trading of building materials; management of technical infrastructure; management and development of housing and offices;

b) Up to VND 1,000,000,000 shall be imposed in the field of construction;

3. Depriving the right to use building permit, certificate and certificate of practice or suspending the operation with a definite time;

4. Applying the remedial measures specified at Point a, b, c, d and e, Clause 3, Article 5 of this Decree.

Article 65. Authority to sanction of People’s Public Security

The persons having the authority to sanction belonging to the people’s public security shall impose sanction under their authority specified in Article 58 of this Article;

Article 66. Authority to sanction of market management authority

The persons having the authority to sanction belonging to the market management authority shall impose sanction of administrative violation for the acts specified at Point b, Clause 2, Article 40 of this Decree;

Article 67. Authority to sanction of Chairman of communal-level People’s Committee

1. A caution.

2. A fine up to VND 1,000,000,000

3. Applying the remedial measures specified at Point a, b, dd, Clause 3, Article 5 of this Decree.

Article 68. Authority to sanction of Chairman of district-level People’s Committee

1. A caution.

2. A fine up to VND 100,000,000.

3. Depriving the right to use building permit, certificate and certificate of practice or suspending the operation with a definite time;

4. Applying the remedial measures specified in Clause 3, Article 5 of this Decree.

Article 69. Authority to sanction of chairman of provincial-level People’s Committee

1. A caution

2. A fine:

a) Up to VND 300,000,000 in the fields: real estate business, mining, production and trading of building materials; management of technical infrastructure; management and development of housing and offices;

b) Up to VND 1,000,000,000 in the field of construction;

3. Depriving the right to use building permit, certificate and certificate of practice or suspending the operation with a definite time;

4. Applying the remedial measures specified at Point a, b, c, d and e, Clause 3, Article 5 of this Decree.

Chapter 9.

IMPLEMENTATION PROVISION

Article 70. Transitional provision

1. The decisions on penalizing administrative violations that have not been implemented shall be implemented or enforced in accordance with the Law on handling of administrative violations.

2. For the acts of construction without permit, unauthorized construction or improper design approved under the provisions of Decree No. 23/2009/ND-CP dated February 27 2009 of the Government on sanction of administrative violation in construction activities, real estate business, mining, production and trading of building materials, management of technical infrastructure, management of housing and office development with the issue of decision on enforced housing demolition, but on the effective date of this Decree, the demolition has not been done, the agency or persons having the authority to issue the decision on enforced housing demolition shall consider and handle the case as prescribed in Clause 9 and 10, Article 13 of this Decree.

Article 71. Effect

This Decree takes effect on November 30 2013 and supersedes the Decree No. 23/2009/ND-CP dated February 27, 2009 of the Government on sanction of administrative violation in the construction activities, real estate business, mining, production and trading of building materials, management of technical infrastructure, management of housing and office development.

Article 72. Effect

1.The Ministry of Construction shall take responsibility for execution of this Decree.

2. The Ministers, heads of ministerial-level agencies, heads of government-attached agencies, Chairman of People's Committees of provinces and centrally-run cities are liable to execute this Decree. /.

 

 

 

FOR THE GOVERNMENT
PRIME MINISTER





Nguyen Tan Dung

 


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Loại văn bảnNghị định
Số hiệu121/2013/ND-CP
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Ngày ban hành10/10/2013
Ngày hiệu lực30/11/2013
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      Decree No. 121/2013/ND-CP sanction of administrative violation in construction activities real estate business
      Loại văn bảnNghị định
      Số hiệu121/2013/ND-CP
      Cơ quan ban hànhChính phủ
      Người kýNguyễn Tấn Dũng
      Ngày ban hành10/10/2013
      Ngày hiệu lực30/11/2013
      Ngày công báo...
      Số công báo
      Lĩnh vựcThương mại, Xây dựng - Đô thị, Vi phạm hành chính
      Tình trạng hiệu lựcHết hiệu lực 15/01/2018
      Cập nhật5 tháng trước
      (08/01/2020)

      Văn bản gốc Decree No. 121/2013/ND-CP sanction of administrative violation in construction activities real estate business

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