Nghị định 62/2010/ND-CP

DECREE

AMENDING, SUPPLEMENTING A NUMBER OF ARTICLES OF DECREE NO.53/2007/ND-CP DATED APRIL 04, 2007 OF THE GOVERNMENT STIPULATING SANCTIONS OF ADMINISTRATIVE VIOLATIONS IN THE DOMAIN OF PLANNING AND INVESTMENT

THE GOVERNMENT

Pursuant to the December 25, 2001 Law on Organization of the Government;
Pursuant to the July 02, 2002 Ordinance on Handling of Administrative Violations; the Ordinance Amending, Supplementing a number of Articles of the Ordinance on Handling of Administrative Violations dated April 02, 2008;
At the proposal of the Minister of Planning and Investment,

DECREES:

Article 1. Amending, supplementing a number of Articles of Decree No.53/2007/ND-CP dated April 04, 2007 stipulating sanctions of administrative violations in the domain of planning and investment (hereinafter called as Decree No.53/2007/ND-the Government for short):

1. Point b clause 2 Article 7 is amended, supplemented as follows:

“b) Making cost estimation, planning for economic - social development not in compliance with regulations”.

2. Clause 5, 6 Article 13 is amended, supplemented as follows:

a) Supplementing point đ and e into clause 5:

“đ) Failing to sell the bidding documents for contractors or performing any action that limits the bidders to purchase bidding documents upon time be determined in the bidding notice, bidding invitation;

e) Failing to release or performing any action that limits the release of concerns invitation records, pre-qualification invitation records, requesting records to the contractors upon time to be determined in the notice of inviting to apply concern records, notice of inviting pre-qualification, notice of offering invitation”.

b) Clause 6 is amended, supplemented:

“6. A fine of between VND 18,000,000 and 20,000,000 shall be imposed for organizations, individuals with one of the following acts:

a) Using its powers or influence to force the investors, bidding inviters, bidding expert team, bidding consultants, agencies, organizations of appraising the results of contractor selection to propose successful contractor not suit to the requirements of bidding documents, records of requests and assessment criteria outlined in the bidding documents, records of requests.

b) Approving for contractors to transfer the work without permission of the investor, except for the work under the responsibility of the subcontractor stated in the contract.

c) Failing to specify in the bidding documents, contract on prohibiting the contractor to use foreigners who are inadequate working conditions in Vietnam in accordance with the law regulations of Vietnam.

d) Failing to specify in the bidding documents, contract on prohibiting to use foreign workers as domestic labor may meet the requirements of the package or deliberately specifying evaluation criteria on qualifications, experience of contractors or other evaluation criteria higher than the actual needs of packages so that domestic contractors may not meet.

đ) The successful contractors, organizations and individuals to be of investors use foreigners to perform the contract when they do not meet conditions to work in Vietnam in accordance with the law regulation of Vietnam.”

3. Clause 2, point a clause 3 Article 14 is amended, supplemented as follows:

a) Clause 2 is amended, supplemented:

“2. A fine of between VND 5,000,000 and 10,000,000 shall be imposed for organizations and individuals evaluating the bids, proposal record not based on evaluation criteria and other requirements in the bidding documents, dossier requesting for being approved but not distort the results of contractor selection”.

b) Point a clause 3 is amended:

“a) Evaluating bids or proposal record, appraising or approving contractor selection results not based on evaluation criteria other requirements in the bidding documents, dossier requesting for being approved, thereby distorting contractor selection results or leading to cancellation of the bidding;”.

4. Point đ clause 3 Article 17 is amended, supplemented as follows:

“đ) Transferring to other contractors more than 10% of the must-be-performed value (after deducting the work volume falling under the responsibility of subcontractors) referred to in the signed contract”.

5. Article 48 is amended as follows:

a) Point b clause 1 Article 48 is amended:

“b) To impose a fine of up to VND 2,000,000;”

b) Point b clause 2 Article 48 is amended:

“b) To impose a fine of up to VND 30,000,000;”

6. Article 49 is amended as follows:

a) Point b clause 1 Article 49 is amended:

“b) To impose a fine of up to VND 500,000;”

b) Point b clause 2 Article 49 is amended:

“b) To impose a fine of up to VND 30,000,000;”

7. Article 52 is amended, supplemented as follows:

“Article 52. Authorization of competence to sanction administrative violations on planning and investment

Persons who are competent to sanction administrative violations specified in Article 48, Article 49, Article 50 or Article 51 of Decree No.53/2007/ND-CP may authorize for his/her deputy to sanction administrative violations. The authorization must be made in writing in which stating clearly scope, contents and term of authorization”.

8. Article 55 is amended, supplemented as follows:

“Article 55. Sanctioning according to simplified procedures

Sanctioning according to simplified procedures is applicable to act of administrative violation subject to caution or a fine of up to VND 200,000 or many acts of administrative violations implemented by a person in which form of sanction for each violation is caution or a fine of between VND 10,000 to 200,000. In this case, the person who is competent to sanction shall issue an on-site sanctioning decision without having to make a written record”.

9. Article 57 is amended as follows:

“Article 57. Making of records of administrative violations

Records of administrative violations shall be made under the provisions in Article 55 of the 2002 Ordinance on Handling of Administrative Violations amended and supplemented by Ordinance amending and supplementing a number of Articles of the 2008 Ordinance on Handling of administrative Violations and Article 22 of Decree No.128/2008/ND-CP dated December 16, 2008 of the Government detailing the implementation of a number of Articles of the 2002 Ordinance on Handling administrative Violations and the Ordinance amending and supplementing a number of Articles of the 2008 Ordinance on Handling of administrative Violations”.

10. Article 58 is amended, supplemented as follows:

“Article 58. Compliance with sanctioning decisions and enforcement of sanctioning decisions

Within 10 working days from the date of being delivered the sanctioning decision, the sanctioned organization or individual must comply with the sanctioning decision; pay the fine at the place indicated in the sanctioning decision and to be given a receipt thereof.

Management and use of administrative violations sanctioning fine shall be implemented under the Government's Decree No.124/2005/ND-CP dated October 06, 2005, stipulating on receipts of fines and management and use of fines paid for administrative violations.

In case the sanctioned organization or individual who fails to voluntarily comply with the sanctioning decision shall be forced to comply with the decision under the provisions of Article 66 of the Ordinance on Handling of Administrative Violations, Article 66a of the Ordinance amending and supplementing a number of Articles of the 2008 Ordinance on Handling of administrative Violations and the Government's Decree No.37/2005/ND-CP dated March 18, 2005, stipulating procedures for application of measures to enforce for execution of decisions on sanctioning administrative violations.”

11. Article 62 is amended, supplemented as follows:

“Article 62. Responsibility of implementation  

1. The agencies, units having competence to sanction administrative violations in the domain of planning and investment send report on the results of administrative violation sanctions in the domain of planning and investment to the Ministry of Planning and Investment before December 15 every year for synthesis, report to the Government.

2. The agencies and units use the form prescribed in Annex attached to this Decree, when sanctioning administrative violations in the domain of planning and investment”.

Article 2. Annulling points, Articles of the Decree No.53/2007/ND-CP as follows:

1. Article 19.

2. Article 20.

3. Article 21.

4. Point n and point o clause 1 Article 38.

Article 3. This Decree takes effect on August 02, 2010.

Article 4. The Ministers, heads of Ministerial-level agencies, Heads of Governmental agencies, chairmen of the People’s Committees of Cities, Provinces directly under the Central are responsible for the implementation of this Decree./.