Nghị định 66/2012/ND-CP

DECREE

ON PENALTIES FOR ADMINISTRATIVE VIOLATIONS OF THE MANAGEMENT AND USE OF STATE-OWNED PROPERTY

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

Pursuant to the Law on Management and use of State-owned property dated June 03, 2008;

Pursuant to the Law on Thrift practice and waste prevention dated November 11, 2005;

Pursuant to the Law on Corruption prevention dated November 29, 2005;

Pursuant to the Ordinance on Handling administrative violations and the Ordinance on amending and supplementing a number of articles of the Ordinance on Handling administrative violations;

At the proposal of the Minister of Finance;

The Government on penalties for administrative violations of the management and use of state-owned property

Chapter 1.

GENERAL PROVISIONS

Article 1. Scope of regulation

1. This Decree specifies the acts of administrative violations, forms of penalties, fine rates, authority to impose penalties, procedures for imposing administrative penalties for violations of the management and use of State-owned property.

State-owned property in this Decree includes:

a) The office building and other property attached to the land and the right to use the land on which the office building is built; the machinery, means of transports, working equipment, and other property allocated to State agencies (including Vietnamese agencies overseas), public non-business units, political organizations, socio-political organizations, socio-professional political organizations, social organizations, socio-professional organizations prescribed in the Law on Management and use of State-owned property (hereinafter referred to as State-owned property at agencies, organizations and units);

b) The property of the projects funded by State capital (including official development aid and foreign non-governmental aid belonging to the State budget receipts) owned by agencies, organizations and units;

c) The property under the State ownership as prescribed by law.

2. For other acts of administrative violations of the management and use of State-owned property not being specified in this Decree, the provisions specified in legal documents on penalties for administrative violations of relevant State management sectors shall apply.

Article 2. Subjects of application

1. Agencies, organizations, and units (hereinafter referred to as organizations) and Vietnamese individuals that commit violations law provisions on the management and use of State-owned property that must be administrative penalties as prescribed by law, shall be penalized as prescribed in this Decree and relevant law provisions.

2. Foreign individuals and organizations that commit violations of the management and use of State-owned property within the territory of the Socialist Republic of Vietnam shall be penalized as prescribed by this Decree and relevant law provisions, unless the International Agreements to which the Socialist Republic of Vietnam is a signatory prescribe otherwise.

Article 3. Principles of penalties for administrative violations,

1. The penalties for administrative violations of the management and use of State-owned property must be imposed by competent authorities in accordance with Article 27 of this Decree and general law provisions on handling administrative violations.

2. All violations of the management and use of state-owned property must be detected and stopped promptly. The penalties for administrative violations must be carried out quickly and legitimately, all the consequences caused by administrative violations must be remedied as prescribed by law.

3. Each administrative violation of the management and use of state-owned property is only penalized once. Each administrative violation among multiple administrative violations of the management and use of state-owned property committed by an organization or individual shall be penalized separately. Multiple organizations or individuals that commit same administrative violation of the management and use of state-owned property shall be penalized separately. The penalties on organizations or individuals are specified in Chapter II of this Decree.

4. Organizations and individuals incurring penalties for administrative violations must not use the State budget or money derived from the State budget to pay for the penalties and to rectify the consequences caused by the violations committed. After implementing the decision on penalties, the penalized organization shall find the persons at fault to determine legal liability, including paying fines and rectifying consequences caused by their violations proportionally to the extend of violations committed by such persons as prescribed by law and the Regulation on the management and use of State-owned property of the organizations.

5. Depending on the nature and extent of violations, organizations and individuals committing violations of the management and use of State-owned property shall be administrative penalized as prescribed by this Decree and relevant law provisions; organizations and individuals not being subjects of administrative penalties shall be handled in accordance with the Law on Public officers, the Law on Public employees, the Law on State budget, the Law on the management and use of State-owned property, and relevant legal documents.

Article 4. Aggravating and mitigating circumstances in penalties for administrative violations

The aggravating circumstances and mitigating circumstances in sanctions against administrative violations of the management and use of State-owned property must comply with general law provisions on handling administrative violations.

Article 5. Statute of limitations of penalties for administrative violations

1. The statute of limitations of sanctions against administrative violations of the management and use of State-owned property is 01 year. For violations related to property being houses and land belonging to the office building, the statute of limitations is 02 years, as from the day of committing the administrative violations.

2. During the period prescribed in Clause 1 this Article, if the organization or individual keeps committing new administrative violations of the management and use of State-owned property, or deliberately avoids or obstructs the penalty, the statute of limitations prescribed in Clause 1 shall not apply and shall begins from the time the new administrative violation is committed, or the time of stopping avoiding and obstructing the penalty.

Article 6. Forms of penalties for administrative violations and remedial measures

1. Primary forms of penalties:

For each administrative violation of the management and use of State-owned property, the violating organizations and individuals must incur one of the following primary penalties:

a) Warnings;

b) Fines.

The maximum fine for each administrative violation of the management and use of State-owned property is 50,000,000 VND.

2. Forms of additional penalties:

Depending on the nature and extent of violations, the violating organizations and individuals may also incur one or some of the following forms of additional penalties:

a) Confiscating the exhibits and means of administrative violations;

b) Depriving the right to use the practice certificate temporarily or indefinitely.

3. remedial measures:

Depending on the nature and extent of violations, the violating organizations and individuals must comply with one or some of the following remedial measures:

a) Enforcing to comply with law provisions on the management and use of State-owned property;

b) Enforcing to restore the original condition of the property that has been changes when committing administrative violations; or to pay compensation by money or by property with similar features if the original condition is not able to be restored;

c) Paying compensation for the damage caused by the violations;

d) Enforcing to pay the money collected from improperly using property to the State budget;

dd) Terminating or amending the lease contract; paying the fine for terminating or amending economic contracts (if any).

e) Withdrawing or request competent agencies to withdraw the State-owned property being used for improper purposes or beyond the standards and limits; the property improperly purchased, donated, or traded; the property improperly appropriated, lent, leased, or in improper cooperation.

Article 7. The collection, payment, management, and use of money collected from fines for administrative violations and compensation

1. The management and use of money collected from fines for administrative violations of the management and use of State-owned property must comply with the Government's Decree on the receipts of fine collection, the management and use of money collected from fines for administrative violations and its guiding documents.

2. The compensation must be properly and sufficiently collected, and used for calculating the compensation and giving back to the damaged organizations, the remaining shall be paid to the State budget.

Chapter 2.

ADMINISTRATIVE VIOLATIONS, FORMS AND RATES OF PENALTIES

SECTION 1. ADMINISTRATIVE VIOLATIONS OF THE MANAGEMENT AND USE OF STATE-OWNED PROPERTY AT AGENCIES, ORGANIZATIONS, AND UNITS

Article 8. Penalties on organizations committing violations of purchasing State-owned property

1. Penalties on organizations purchasing property without decisions from competent authorities:

a) Fines of from 1,000,000 VND to 5,000,000 VND applicable to property being working machinery and equipment, or other property (not the office building or cars) with total purchase value < 100 million VND (hereinafter referred to as property with total purchase value < 100 million VND);

b) Fines of from 5,000,000 VND to 10,000,000 VND applicable to property being working machinery and equipment, or other property (not the office building) with total purchase value ≥ 100 million VND (hereinafter referred to as property with total purchase value ≥ 100 million VND), and cars;

c) Fines of from 10,000,000 VND to 20,000,000 VND applicable to property being the office building.

2. Fines of from 1,000,000 VND to 5,000,000 VND for not doing concentration purchase when purchasing the property in the list of concentration purchase as prescribed by law.

3. Penalties on organizations purchasing property beyond the standards and limit prescribed by competent State agencies:

a) Fines of from 1,000,000 VND to 5,000,000 VND for purchasing property of which the excessive value < 50 million VND compared to the prescribed limit;

a) Fines of from 5,000,000 VND to 10,000,000 VND for purchasing property of which the excessive value is from 50 million VND to under 100 million VND compared to the prescribed limit;

a) Fines of from 10,000,000 VND to 20,000,000 VND for purchasing property of which the excessive value ≥ 100 million VND compared to the prescribed limit.

4. Depending on the nature and extent of violations, the organizations and individuals that violate this Article must comply with one or some of the following remedial measures:

a) Enforcing to comply with law provisions on the management and use of State-owned property;

b) Enforcing to pay compensation equivalent to the excessive value of the property purchased;

c) Withdrawing the State-owned property.

Article 9. Penalties on organizations committing violations of property lease

1. Penalties on organizations renting property without decisions from competent authorities, renting property beyond the standards and limit, choosing property lessors improperly:

a) Fines of from 1,000,000 VND to 5,000,000 VND applicable to property of which the lease contract value < 100 million VND;.

b) Fines of from 5,000,000 VND to 10,000,000 VND applicable to property of which the lease contract value is ≥ 100 million VND.

2. Depending on the nature and extent of violations, the organizations and individuals that violate Clause 1 this Article must comply with one or some of the following remedial measures:

a) Enforcing to comply with law provisions on the management and use of State-owned property;

b) Terminating or revising the lease contract; paying the fine for terminating or amending economic contracts (if any).

Article 10. Penalties on organizations that dispose and use State-owned property beyond the standards and limit

1. Fines of from 1,000,000 VND to 5,000,000 VND for disposing and using property of which the excessive value < 50 million VND compared to the prescribed limit;

2. Fines of from 5,000,000 VND to 10,000,000 VND for disposing or using property of which the excessive value is form 50 million VND to under 100 million VND compared to the prescribed limit;

3. Fines of from 10,000,000 VND to 20,000,000 VND for disposing and using property of which the excessive value ≥ 100 million VND compared to the prescribed limit;

4. Depending on the nature and extent of violations, the organizations and individuals that violate this Article must comply with one or some of the following remedial measures:

a) Enforcing to comply with law provisions on the management and use of State-owned property;

b) Enforcing to pay compensation for the damage caused by disposing or using property beyond the standards and limits;

c) Withdrawing the State-owned property.

Article 11. Penalties on organizations that dispose and use State-owned property for improper purposes

1. Fines of from 1,000,000 VND to 5,000,000 VND for disposing and using property being working machinery and equipment, or other property (not the office building or cars) with input value < 100 million VND per unit of property according to the accounting book (hereinafter referred to as property with value < 100 million VND) for improper purposes;

2. Fines of from 5,000,000 VND to 10,000,000 VND for disposing and using property being working machinery and equipment, or other property (not the office building or cars) with input value ≥ 100 million VND per unit of property according to the accounting book (hereinafter referred to as property with value ≥ 100 million VND) for improper purposes;

3. Fines of from 10,000,000 VND to 20,000,000 VND for disposing and using property being the office building for improper purposes.

4. Depending on the nature and extent of violations, the organizations and individuals that violate this Article must comply with one or some of the following remedial measures:

a) Enforcing to comply with law provisions on the management and use of State-owned property;

b) Enforcing to restore the original condition of the property that has been changes when committing administrative violations; or to pay compensation by money or by property with similar features if the original condition is not able to be restore;

c) Withdrawing the State-owned property being improperly used.

Article 12. Penalties on organizations that lend State-owned property improperly

1. Fines of from 1,000,000 VND to 5,000,000 VND for lending property with value < 100 million VND.

2. Fines of from 5,000,000 VND to 10,000,000 VND for lending property being cars or property with value ≥ 100 million VND.

3. Fines of from 10,000,000 VND to 20,000,000 VND for lending property being the office building.

4. Depending on the nature and extent of violations, the organizations and individuals that violate this Article must comply with one or some of the following remedial measures:

a) Enforcing to comply with law provisions on the management and use of State-owned property;

b) Enforcing to restore the original condition of the property that has been changes when committing administrative violations; or to pay compensation by money or by property with similar features if the original condition is not able to be restore;

c) Enforcing to pay compensation for the damage caused by lending property;

d) Withdrawing the State-owned property being lent improperly.

Article 13. Penalties on organizations that give, donate, or trade State-owned property improperly

1. Fines of from 5,000,000 VND to 10,000,000 VND for giving, donating, or trading property with value < 100 million VND.

2. Fines of from 10,000,000 VND to 20,000,000 VND for giving, donating, or trading cars or property with value ≥ 100 million VND.

3. Fines of from 30,000,000 VND to 50,000,000 VND for giving, donating, or trading the office building.

4. Apart from the forms of penalties prescribed in Clause 1, 2 and 3 this Article, the property improperly given, donated, or traded shall also be withdrawn.

Article 14. Penalties on organizations and individuals that intrude the office building.

1. Fines of from 20,000,000 VND to 30,000,000 VND for intruding the office building.

2. Depending on the nature and extent of violations, the organizations and individuals that violate this Article shall also have the exhibits and means of administrative violations confiscated, and must comply with one or some of the following remedial measures:

a) Enforcing to restore the original condition of the office building, and leave the office building intruded;

b) Enforcing to dismantle the constructions built within the intruded area;

c) Enforcing to pay compensation for the damage cause by the intrusion.

Article 15. Penalties on organizations and individuals that illegally appropriate State-owned property

1. Fines of from 1,000,000 VND to 5,000,000 VND imposed on organizations and individuals that illegally appropriate State-owned property that are not liable to criminal prosecution.

2. Depending on the nature and extent of violations, the organizations and individuals that violate this Article shall also have the exhibits and means of administrative violations confiscated, and must comply with the following remedial measures:

b) Enforcing to restore the original condition of the property that has been changes when committing the administrative violations and return it to the organization; or to pay compensation by money or by property with similar features if the original condition is not able to be restored;

b) Enforcing to pay compensation for the damage caused by illegal appropriation of State-owned property;

Article 16. Penalties on organizations and individuals improperly using State-owned property for producing, providing services, leasing, or cooperating

1. Penalties on organizations and individuals using State-owned property for producing, providing services, leasing, or cooperating without decision from competent authorities:

a) Fines of from 1,000,000 VND to 5,000,000 VND applicable to property with value < 100 million VND;.

b) Fines of from 5,000,000 VND to 10,000,000 VND applicable to cars and property with value ≥ 100 million VND;

c) Fines of from 15,000,000 VND to 20,000,000 VND applicable to property being the office building.

2. . Penalties on organizations and individuals using State-owned property for producing, providing services, leasing, or cooperating so that the assigned functions and duties of the units are not fulfilled:

a) Fines of from 1,000,000 VND to 5,000,000 VND applicable to property with value < 100 million VND;.

b) Fines of from 5,000,000 VND to 10,000,000 VND applicable to cars and property with value ≥ 100 million VND;

c) Fines of from 15,000,000 VND to 20,000,000 VND applicable to property being the office building.

3. Penalties on organizations and individuals that violate the provisions on property valuation when using the property for of leasing, or cooperating:

a) Fines of from 1,000,000 VND to 5,000,000 VND applicable to property with value < 100 million VND;.

b) Fines of from 5,000,000 VND to 10,000,000 VND applicable to cars and property with value ≥ 100 million VND;

c) Fines of from 15,000,000 VND to 20,000,000 VND applicable to property being the office building.

4. Forms of additional penalties:

Revoking the valuer card up to 12 months or indefinitely for the violations prescribed in Clause 3 this Article committed by valuers, as prescribed by law provisions on penalties for administrative violations of pricing.

5. Depending on the nature and extent of violations, the organizations and individuals that violate this Article must comply with one or some of the following remedial measures:

a) Enforcing to comply with law provisions on the management and use of State-owned property;

b) Enforcing to restore the original condition of the property that has been changes when committing administrative violations; or to pay compensation by money or by property with similar features if the original condition is not able to be restore;

c) Withdrawing the State-owned property;

d) Enforcing to pay the money collected from improperly using State-owned property for producing, providing services, leasing, or cooperating to the State budget.

Article 17. Penalties on organizations that fail to maintain and repair the property as prescribed by law and the allocated budget

1. Warnings or fines of from 500,000 VND to 1,000,000 VND for not maintaining and repairing property with value < 100 million VND.

2. Fines of from 1,000,000 VND to 5,000,000 VND for not maintaining and repairing cars and property with value ≥ 100 million VND.

3. Fines of from 20,000,000 VND to 30,000,000 VND for not maintaining and repairing property being the office building.

4. Apart from the forms of penalties prescribed in Clause 1, 2, and 3 this Article, the violating organizations must maintain and repair the property in accordance with the regulation and allocated budget.

Article 18. Penalties on organizations committing violations of handling State-owned property

1. Warnings or fines of from 500,000 VND to 1,000,000 VND for one of the following violations:

a) Not declaring or making plans for rearranging and handling State-owned property; moving the facilities causing environment pollution, and other facilities that must be moved according to urban construction planning as prescribed by law;

b) Not handling or sending reports to competent State agencies for handling the unnecessary property or ineffective property;

c) Not sending reports to competent State agencies for withdrawing, transferring, selling, liquidating, or destructing the property when necessary as prescribed by law.

2. Fines of from 5,000,000 VND to 10,000,000 VND for irresponsibility towards the maintenance of State-owned property that cause damage and loss of property.

3. Penalties on organizations that handle property without decisions from competent authorities:

a) Fines of from 1,000,000 VND to 5,000,000 VND applicable to property with value < 100 million VND;.

b) Fines of from 5,000,000 VND to 10,000,000 VND applicable to cars and property with value ≥ 100 million VND;

c) Fines of from 10,000,000 VND to 20,000,000 VND applicable to property being the office building.

4. Penalties on organizations that incorrectly declare the condition of property for handling:

a) Fines of from 500,000 VND to 1,000,000 VND applicable to property with value < 100 million VND;.

b) Fines of from 1,000,000 VND to 5,000,000 VND applicable to cars and property with value ≥ 100 million VND;

c) Fines of from 5,000,000 VND to 10,000,000 VND applicable to property being the office building.

5. Depending on the nature and extent of violations, the organizations and individuals that violate this Article must comply with one or some of the following remedial measures:

a) Enforcing to comply with law provisions on the management and use of State-owned property;

b) Enforcing to restore the original condition of the property that has been changes when committing administrative violations; or to pay compensation by money or by property with similar features if the original condition is not able to be restore;

c) Enforcing to pay compensation for the damage and loss of property.

Article 19. Penalties on organizations committing violations of organizing the handling of State-owned property

1. Warnings or fines of from 500,000 VND to 1,000,000 VND for one of the following violations:

a) Failing to implement the handling plan approved by competent authorities after the prescribed period;

b) Not handing over the property that has been decided to be withdrawn and transferred to the receiving agencies punctually;

c) Violating the provisions on establishing the Valuation Council, the Property Auction Council, and the Property Destruction Council

2. Fines of from 1,000,000 VND to 5,000,000 VND for one of the following violations:

a) Violations of the provisions on choosing professional auction organizations and valuation organizations to handle the property according to the decision from competent authorities;

b) Failing to make or to completely make the public announcement of the State-owned property auction as prescribed by law provisions on the management and use of State-owned property.

3. Penalties on organizations committing violations of property valuation and auction;

a) Fines of from 1,000,000 VND to 5,000,000 VND applicable to property with value < 100 million VND;.

b) Fines of from 5,000,000 VND to 10,000,000 VND applicable to cars and property with value ≥ 100 million VND;

c) Fines of from 10,000,000 VND to 20,000,000 VND applicable to property being the office building.

4. Forms of additional penalties:

Revoking the valuer card and the auction practice certificate up to 12 months or indefinitely for the violations prescribed in Clause 3 this Article committed by valuers or auction organizers as prescribed by law provisions on penalties for administrative violations of pricing and judicial affairs.

5. Apart from the forms of penalties prescribed in Clause 1 this Article, the violating organizations must organize the handling of the property in accordance with the handling decision from competent authorities and law.

Article 20. Penalties for violations of logging in and using data about State-owned property

Warnings or fines of from 500,000 VND to 1,000,000 VND for one of the following violations:

1. Deliberately entering data about State-owned property to the National database about State-owned property improperly, falsifying data about State-owned property;

2. Using the data about State-owned property in the National database about State-owned property for personal purposes without permission from competent State agencies in charge of such database.

Article 21. Penalties for violations of the management and use of State-owned property of Vietnamese agencies overseas

1. The violations, the form and rate of fines for the violations of the management and use of State-owned property of Vietnamese agencies overseas are similar to that in Article 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19 and 20 of this Decree.

2. The determination of the violations related to the order, procedures for investing, purchasing, equipping, selling, liquidating, and destructing State-owned property of Vietnamese agencies overseas are based on the following documents:

a) The Vienna Convention on Diplomatic Relations of 1961;

b) The Agreements signed by Vietnam’s Government and the foreign country’s Government;

c) The foreign country’s laws.

d) The Vietnam’s laws.

If such documents above are not uniform, the above ones shall prevail.

SECTION 2. ADMINISTRATIVE VIOLATIONS OF THE MANAGEMENT AND USE OF THE PROPERTY OF PROJECTS FUNDED BY THE STATE CAPITAL

Article 22. Penalties on organizations committing violations of allocating property of projects funded by the State capital

1. The imposition of the penalties on organizations purchasing property without decisions from competent authorities is similar to that prescribed in Clause 1 and Clause 4 Article 8 of this Decree.

2. Warnings or fines of from 500,000 VND to 1,000,000 VND for not reaching an agreement with competent agencies before signing International Agreement on ODA for investment in the construction of the office building and purchasing cars in contravention of Vietnam’s law.

3. The imposition of penalties on organizations not doing concentration purchase when purchasing the property in the list of concentration purchase as prescribed by law is similar to that prescribed in Clause 2 and Clause 4 Article 8 of this Decree.

4. The imposition of penalties on organizations purchasing property beyond the standards and limits prescribed by competent State agencies is similar to that prescribed in Clause 3 and Clause 4 Article 8 of this Decree.

5. The imposition of penalties on organizations committing violations of leasing property to serve the management of the projects funded by the State capital is similar to that prescribed in Article 9 of this Decree.

Article 23. Penalties on organizations committing violations of using property of projects funded by the State capital

1. The imposition of penalties on organizations that dispose and use property of projects funded by the State capital beyond the standards and limits is similar to that prescribed in Article 10 of this Decree.

2. The imposition of penalties on organizations that dispose and use property of projects funded by the State capital for improper purposes is similar to that prescribed in Article 11 of this Decree.

3. The imposition of penalties on organizations that improperly lend property of projects funded by the State capital is similar to that prescribed in Article 12 of this Decree.

4. The imposition of penalties on organizations that improperly give, donate, or trade property of projects funded by the State capital is similar to that prescribed in Article 13 of this Decree.

5. The imposition of penalties on organizations that intrude the office building of the management board of projects funded by the State capital is similar to that prescribed in Article 14 of this Decree.

6. The imposition of penalties on organizations and individuals that illegally appropriate property of projects funded by the State capital is similar to that prescribed in Article 15 of this Decree.

7. The imposition of penalties on organizations and individuals improperly using State-owned property for producing, providing services, leasing, or cooperating is similar to that prescribed in Article 16 of this Decree.

8. The imposition of penalties on organizations that fail to maintain and repair the property of property of projects funded by the State capital is similar to that prescribed in Article 17 of this Decree.

Article 24. Penalties on organizations and individuals committing violations of handling property of a project after the project is done, or unnecessary property

1. Warnings or fines of from 500,000 VND to 1,000,000 VND for one of the following violations:

a) Failing to make inventories and sending reports competent State agencies for handling within the prescribed period;

b) Failing to send reports to competent State agencies to establish the State ownership of the property transferred to the Vietnam’s Government by the ODA experts, advisory and supervisory contractors.

2. Fines of from 5,000,000 VND to 10,000,000 VND for one of the following violations:

a) Being irresponsible for the maintenance that cause damage and loss of property.

b) Dismantling, changing the structure, accessories, and parts of property.

3. The imposition of the penalties on organizations that handle the property without decision from competent authorities is similar to that prescribed in Clause 3 and Clause 5 Article 18 of this Decree.

4. The imposition of penalties on organizations that incorrectly declare the condition of property is similar to that prescribed in Clause 4 and Clause 5 Article 18 of this Decree.

5. The imposition of the penalties on organizations that violate the provisions on organizing the handling of property is similar to that prescribed in Article 19 of this Decree.

SECTION 3. ADMINISTRATIVE VIOLATIONS OF THE MANAGEMENT AND USE OF THE PROPERTY UNDER THE STATE OWNERSHIP

Article 25. Penalties on organizations committing violations of provisions on establishing the State ownership, on preserving and transferring the property under the State ownership

1. Warnings or fines of from 500,000 VND to 1,000,000 VND for one of the following violations:

a) Not sending reports to competent authorities for establishing the State ownership of the property as prescribed;

b) Violating the provisions on the period and dossiers of transferring property to functional agencies for handling.

2. Fines of from 5,000,000 VND to 10,000,000 VND for one of the following violations:

a) Being irresponsible towards the maintenance that cause damage and loss of property;

b) Dismantling, changing the structure, accessories, and parts of property.

3. Depending on the nature and extent of violations, the organizations and individuals that violate this Article must comply with one or some of the following remedial measures:

a) Enforcing to comply with law provisions on the management and use of State-owned property;

b) Enforcing to restore the original condition of the property that has been changes when committing administrative violations; or to pay compensation by money or by property with similar features if the original condition is not able to be restore;

c) Enforcing to pay compensation for the damage and loss of property.

Article 26. Penalties on organizations and individuals committing violations of provisions on handling property under the State ownership

1. Warnings or fines of from 500,000 VND to 1,000,000 VND for violating provisions on the period of making plans for handling property as prescribed by law.

Besides, the violating organizations must make the plan for handling property in order to send reports to competent State agencies as prescribed by law provisions on managing and handling property under the State ownership.

2. The imposition of the penalties on organizations that violate the provisions on organizing the handling of property under the State ownership is similar to that prescribed in Article 19 of this Decree.

Chapter 3.

AUTHORITY TO IMPOSE PENALTIES, PROCEDURES FOR IMPOSING PENALTIES, IMPLEMENTATION AND IMPLEMENTATION ENFORCEMENT OF DECISIONS ON ADMINISTRATIVE PENALTIES

Article 27. Authority to impose penalties for administrative violations

1. Authority to impose penalties of the Presidents of People’s Committees at all levels:

a) The Presidents of commune-level People’s Committees are entitled to:

- Issue warnings;

- Impose fines of up to 2,000,000 VND;

- Confiscate the exhibits and means of administrative violations valued at up to 2,000,000 VND;

- Apply the remedial measures prescribed in Point a, b, c, d and dd Clause 3 Article 6 of this Decree.

b) The President of the district-level People’s Committee are entitled to:

- Issue warnings;

- Impose fines of up to 30,000,000 VND;

- Apply the forms of additional penalties prescribed in this Decree;

- Apply the remedial measures prescribed in Point a, b, c, d and dd Clause 3 Article 6 of this Decree.

c) The Presidents of provincial People’s Committees are entitled to:

- Issue warnings;

- Impose fines of up to the maximum level prescribed in this Decree;

- Apply the forms of additional penalties prescribed in this Decree;

- Apply the remedial measures prescribed in Point a, b, c, d and dd Clause 3 Article 6 of this Decree.

2. Authority to impose penalties of Inspectors at all levels:

a) Inspectors, and persons delegated to carry out professional inspection on duty are entitled to:

- Issue warnings;

- Impose fines of up to 500,000 VND;

- Confiscate the exhibits and means of administrative violations valued at up to 2,000,000 VND.

b) The provincial Chief Inspectors are entitled to:

- Issue warnings;

- Impose fines of up to 30,000,000 VND;

- Apply the forms of additional penalties prescribed in this Decree;

- Apply the remedial measures prescribed in Point a, b, c, d and dd Clause 3 Article 6 of this Decree.

c) The ministerial Chief Inspector are entitled to:

- Issue warnings;

- Impose fines of up to the maximum level prescribed in this Decree;

- Apply the forms of additional penalties prescribed in this Decree;

- Apply the remedial measures prescribed in Point a, b, c, d and dd Clause 3 Article 6 of this Decree.

3. The persons authorized to impose penalties prescribed in Clause 1 and Clause 2 this Article shall withdraw the State-owned property within their authority as prescribed by law provisions on the management and use of State-owned property; the cases beyond their authority must be reported to competent State agencies as prescribed by law.

4. The delegation of the authority to impose administrative penalties, and the principle of determining the authority to impose administrative penalties are prescribed by law provisions on handling administrative violations.

5. When the State functional agencies , organizations and individuals detect administrative violations of the management and use of state-owned property, they must send the dossiers (if any) or notifications the persons authorized to impose penalties for administrative violations as prescribed in this Decree for consideration and settlement.

The persons authorized to impose penalties for administrative violations prescribed in this Decree are responsible for considering and imposing penalties as prescribed.

Organizations and individuals having achievements in detecting and preventing administrative violations of the management and use of state-owned property shall be rewarded by the State.

Article 28. Procedures for imposing penalties for administrative violations

The procedures for imposing penalties for administrative violations of the management and use of State-owned property are prescribed by general law provisions on handling administrative violations.

Article 29. Implementation of decisions on penalties for administrative violations

1. Organizations and individuals that are administrative penalized for violations of the management and use of State-owned property must implement the decisions on penalties within 10 days as from receiving the decisions, or within the period specified in such decisions.

2. If organizations and individuals fail to voluntarily implement the decisions on penalties after the period prescribed in Clause 1 this Article, the implementation shall be enforced as follows:

a) Deducting the fines from the salary or income, or from the bank account; suspending the job of the individuals that have not rectified the consequences caused.

b) Distraining the property having equivalent value to the fine to put up for auction as prescribed by law;

c) Other coercive measures as prescribed by law provisions on handling administrative violations to implement the decisions on penalties.

3. The delay of the fine payment must comply with law provisions on handling administrative violations.

4. The authority, procedures and organization of the implementation enforcement of the decision on penalties for administrative violations must comply with law provisions on handling administrative violations.

Chapter 4.

IMPLEMENTATION PROVISIONS

Article 30. Effects

This Decree takes effect on November 01, 2012.

Article 31. Implementation responsibilities

1. The Ministry of Finance must guide and inspect the imposition of penalties for administrative violations of the management and use of State-owned property as prescribed by this Decree.

2. The Ministries, ministerial-level agencies, Governmental agencies, People’s Committees at all levels must guide and inspect the imposition of penalties for administrative violations of the management and use of State-owned property as prescribed by this Decree.

3. The Ministers, Heads of ministerial-level agencies, Heads of Governmental agencies, Presidents of the People’s Committees at all levels are responsible for implementing this Decree.