Nghị định 58/2015/ND-CP

DECREE

AMENDING AND SUPPLEMENTING A NUMBER OF ARTICLES OF THE GOVERNMENT’S DECREE NO. 192/2013 / ND-CP DATED NOVEMBER 21, 2013 ON PENALTY FOR ADMINISTRATIVE VIOLATIONS OF MANAGEMENT AND USE OF OWNED- STATE PROPERTY; THRIFT PRACTICE AND WASTE COMBAT; NATIONAL RESERVE; STATE TREASURY

Pursuant to the Law on Government organization dated December 25, 2001;

Pursuant to the Law on Actions against administrative violations dated June 20, 2012;

Pursuant to the Law on Thrift practice and waste prevention dated November 26, 2013;

Pursuant to the Law on State budget dated December 16, 2002;

At the request of the Minister of Finance,

The Government promulgates the Decree amending and supplementing a number of articles of the Government’s Decree No. 192/2013 / ND-CP dated November 21, 2013 on penalty for administrative violations of management and use of owned- state property; thrift practice and waste combat; national reserve; state treasury(hereinafter referred to as Decree No. 192/2013/NĐ-CP).

Article 1. Amendments to a number of articles of Decree No. 192/2013/NĐ-CP

1. Article 25 is amended as follows:

"Article 25. Violations of the provisions of the legislation on thrift practice and waste combat in the use of means of communications, electricity, water, gas, oil, books, newspapers, and stationery, organizing of conferences and seminars, reception of guests and traveling on business inside and outside Vietnam using funding from the state budget; purchase of equipment served for the operation of medical examination and treatment facilities covered by the State budget

1. Warnings or fines of from 1,000,000 VND to 2,000,000 VND shall be imposed for the use of means of communications, electricity, water, gas, oil, books, newspapers, and stationery, organizing of conferences and seminars, reception of guests and traveling on business inside and outside Vietnam using funding from the state budget which exceed the norms and standards issued by competent agencies.

2. Fines shall be imposed for organizations that purchase pieces of equipment served for the operation of medical examination and treatment facilities covered by the State budget which are not included in the list approved by competent authorities as follows:

a) From 1,000,000 VND to 5,000,000 VND if the total value of the purchased pieces of equipment which are not included in the list is lower than 50,000,000 VND/ each time;

b) From 5,000,000 VND to 10,000,000 VND if the total value of purchased pieces of equipment which are not included in the list is from 50,000,000 VND to lower than 100,000,000 VND/ each time;

c) From 10,000,000 VND to 20,000,000 VND if the total value of purchased pieces of equipment which are not included in the list is 100,000,000 VND or more/each time;

3. Medical examination and treatment facilities of which the amount used to purchase equipment served for their operation paid by the State budget exceeds the standards and norms for funding shall be sanctioned under the provisions of Paragraph 3, Paragraph 4, Article 5 of Decree No. 192/2013 / ND-CP. "

2. Article 25a is supplemented as follows:

“Article 25a. Violations of the provisions of the law on thrift practice and waste combat in management and use of funds derived from the state budget

1. Fines of from 20,000,000 VND to 30,000,000 VND shall be imposed for the following acts:

a) The use of funds derived from the state budget for wrong purposes and principles of the funds issued by competent authorities;

b) The use of funds derived from the state budget in a manner inconsistent with the operation regulations, the financial mechanism of the funds issued by competent authorities.

2. Remedial measures shall be as follows:

a) The funding used for improper purposes is taken back and transferred to the funds derived from the state budget;

b) The benefits illegally obtained from the violations are required to be transferred to the funds derived from the state budget. "

3. Paragraph 5a of Article 26 is supplemented as follows:

"5a. Fines of from 50,000,000 VND to 60,000,000 VND shall be imposed for wasteful use of investment capital which is inconsistent with the standards, regulations and exceeds the norms and unit prices as prescribed by the law. "

4. Article 26 is supplemented as follows:

"Article 26a. Violations of the provisions of the law on thrift practice and waste combat in exploitation and use of natural resources

1. Fines of from 1,000,000 VND to 5,000,000 VND shall be imposed for illegal obstructing the research and application of science and technology, the implementation of projects of using recycled resources.

2. Fines of from 20,000,000 VND to 30,000,000 VND shall be imposed for exploitation and use of natural resources in a manner inconsistent with the plans and processes approved by competent State agencies. "

Article 2. Implementing provisions

This Decree shall take effect from August 1, 2015.

Article 3. Responsibility for implementation

Ministers, Heads of ministerial-level agencies, Heads of Governmental agencies, the President of the People’s Committee of central-affiliated cities and provinces shall be responsible for the implementation of this Decree./.