- 1Decree of Government No.150/2004/ND-CP of July 29, 2004 prescribing the sanctioning of administrative violations in the field of minerals
- 2Decree No. 180/2007/ND-CP of December 7, 2007, detailing and guiding the implementation of a number of articles of the Construction Law regarding the handling of violations of urban construction order.
- 1Ordinance No. 44/2002/PL-UBTVQH10 of July 02, 2002 on handling of administrative violations
- 2Ordinance No. 04/2008/PL-UBTVQH12 of April 02, 2008 amending and supplementing a number of articles of The Ordinance on handling of administrative violations
- 3Law No. 63/2006/QH11 of June 29, 2006 on real estate business
- 4Law No. 56/2005/QH11 of November 29, 2005, on housing.
- 5Law No. 16/2003/QH11 of November 26, 2003, on Construction.
| THE GOVERNMENT | SOCIALIST REPUBLIC OF VIET NAM |
| No. 23/2009/ND-CP | Hanoi, February 27, 2009 |
THE GOVERNMENT
Pursuant to December 25, 2001 Law No. 32/2001/QH10 on Organization of the Government;
Pursuant to November 26, 2003 Construction Law No. 16/2003/QH11;
Pursuant to November 29, 2005 Housing Law No. 56/2005/QH11;
Pursuant to June 29, 2006 Law No. 63/2006/QH11 on Real Estate Business;
Pursuant to National Assembly Standing Committee’s July 2, 2002 Ordinance No. 44/2002/PL-UBTVQH10 on Handling of Administrative violations, and April 2, 2008 Ordinance No. 4/2008/UBTVQH12 amending and supplementing a number of articles of the Ordinance on Handling of Administrative Violations;
At the proposal of the Minister of Construction,
DECREES:
Article 1. Scope of regulation
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2. Administrative violations specified in this Decree, including illegal acts in construction activities; real estate business; exploitation, production and trading of construction materials; management of technical infrastructure; and management of development of houses and offices, which are committed intentionally or unintentionally but not seriously enough for penal liability examination, shall be administratively sanctioned.
Article 2. Subjects of application
1. Vietnamese individuals or organizations that commit administrative violations specified in Clause 2, Article 1 of this Decree.
2. Foreign individuals or organizations that commit administrative violations specified in Clause 2, Article 1 of this Decree within the territory of the Socialist Republic of Vietnam, unless otherwise provided for by treaties to which Vietnam is a contracting party.
Article 3. Principles and statute of limitations for sanctioning administrative violations
1. All acts of administrative violation must be detected in time and immediately stopped. The sanctioning of administrative violations must be carried out promptly, justly and thoroughly and in compliance with the order and procedures specified in this Decree. All consequences caused by administrative violations must be remedied in strict accordance with law.
2. The statute of limitations for sanctioning an administrative violation is 2 years from the date the act of violation is committed (for a work construction investment project, this statute of limitations is 2 years from the date the project is handed over and put into use). Past this time limit, such act will not be sanctioned but still be subject to the measures specified in Clause 3, Article 4 of this Decree.
3. Within the statute of limitations specified in Clause 2 of this Article, if administrative violators deliberately shirk or obstruct the sanctioning by competent authorities, the statute of limitations shall be re-counted from the time the violators stop their acts of shirking or obstructing the sanctioning.
4. One year after the date of completely serving sanctioning decisions or from the date of expiration of sanctioning decisions, if sanctioned violators do not relapse into violations, they will be regarded as having never been sanctioned for administrative violations.
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1. The principal sanction is fine of up to VND 500,000,000;
2. Additional sanctions:
a/ Revocation of, or deprivation of the right to use, construction licenses, business registration certificates or practice certificates;
b/ Confiscation of material evidence and means used in committing administrative violations.
3. Consequence remedies:
a/ Forcible restoration of the original state which has been altered due to acts of administrative violation; forcible dismantlement of violating construction works;
b/ Forcible application of measures to remedy environmental pollution caused by acts of administrative violation;
c/ Payment of compensations for damage caused by acts of administrative violation under law.
4. Acts violating construction order shall, apart from being subject to a fine under this Decree, be handled under the Government’s Decree No. 180/2007/ND-CP of December 7, 2007, detailing and guiding the implementation of a number of articles of the Construction Law regarding the handling of violations of urban construction order (below referred to as Decree No. 180/2007/ND-CP).
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Apart from sanctions and consequence remedies specified above, names of administrative violators, violation details, sanctions imposed and taken remedies to address consequences of administrative violations specified in Articles 17, 18, 22, 24, 29 and 34 of this Decree shall be publicized on the websites of the Construction Ministry and provincial-level People’s Committees that have issued sanctioning decisions.
SANCTIONING FORMS AND LEVELS FOR ADMINISTRATIVE VIOLATIONS IN CONSTRUCTION ACTIVITIES
Section I. SANCTIONING FORMS AND LEVELS FOR ADMINISTRATIVE VIOLATIONS OF INVESTORS
Article 6. Sanctioning of investors that violate regulations on construction survey
1. A fine of between VND 10,000,000 and 20,000,000 shall be imposed on investors that commit any of the following acts:
a/ Failing to approve construction survey tasks, technical plans on construction survey or plans on addition of survey tasks before contractors conduct construction survey;
b/ Letting landmarks or height-point marks lost after these marks are handed over by construction survey contractors;
c/ Organizing take-over tests of survey results in contravention of the specified order and procedures;
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2. A fine of between VND 30,000,000 and 40,000,000 shall be imposed on investors that commit any of the following acts:
a/ Conducting construction survey by themselves without satisfying the specified capability condition;
b/ Failing to supervise construction survey under regulations;
c/ Failing to organize take-over tests of construction survey results.
3. Apart from the sanctions specified in Clauses 1 and 2 of this Article, violating investors shall also be forced to strictly comply with regulations on construction survey.
1. A fine of between VND 30,000,000 and 40,000,000 shall be imposed on investors that do not satisfy the specified capability condition but formulate work construction investment projects by themselves.
2. Apart from paying fines, violating investors shall also be forced to strictly comply with regulations on formulation of work construction investment projects.
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a/ Evaluating and approving work designs and construction cost estimates in contravention of the specified order and procedures;
b/ Failing to archive work designing and construction cost estimation dossiers;
c/ Modifying or supplementing designs, changing basic designs or technical designs, without obtaining consent of designing contractors.
2. A fine of between VND 30,000,000 and 40,000,000 shall be imposed on investors that do not satisfy capability condition but make work construction designs by themselves.
3. Apart from the sanctions specified in Clauses 1 and 2 of this Article, violating investors shall also be forced to strictly comply with regulations on construction designs.
1. Fines:
a/ A fine of between VND 20,000,000 and 30,000,000 shall be imposed on investors that are incapable of managing projects but fail to set up project management units; or set up project management units which fail to satisfy the specified capability condition; or are incapable of managing projects but fail to hire project management consultancy organizations;
b/ A fine of between VND 40,000,000 and 50,000,000 shall be imposed on investors that modify project details at variance with regulations on project modification.
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1. A fine of between VND 500,000 and 2,000,000 shall be imposed on investors that fail to notify in writing 7 days in advance the date of construction commencement to commune-level People’s Committees of localities where works are constructed.
2. A fine of between VND 15,000,000 and 20,000,000 shall be imposed on investors that commence work construction without satisfying all the conditions on construction commencement (particularly, violations of regulations on construction licenses shall be sanctioned under Article 12 of this Decree).
3. Violations of regulations on construction work ground-breaking, construction commencement and inauguration ceremonies shall be sanctioned under Clause 5, Article 29 of Decree No. 84/2006/ND-CP of August 18, 2006, providing for compensations for damage, disciplining and sanctioning of administrative violations in thrift practice and waste combat.
4. Apart from the sanctions specified in Clauses 1, 2 and 3 of this Article, investors violating the provisions of Clauses 1 and 3 of this Article shall also be forced to strictly comply with regulations on conditions on work construction commencement.
Article 11. Sanctioning of investors that violate regulations on construction order
1. Fines shall be imposed on investors that organize work construction at variance with construction licenses granted by competent authorities:
a/ A fine of between VND 1,000,000 and 2,000,000 shall be imposed in case of construction of separate houses in rural areas;
b/ A fine of between VND 5,000,000 and 10,000,000 shall be imposed in case of construction of separate houses in urban areas;
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2. Fines shall be imposed on investors that have no construction licenses but organize construction of works requiring construction licenses under regulations:
a/ A fine of between VND 2,000,000 and 3,000,000 shall be imposed in case of construction of separate houses in rural areas;
b/ A fine of between VND 10,000,000 and 15,000,000 shall be imposed in case of construction of separate houses in urban areas;
c/ A fine of between VND 30,000,000 and 40,000,000 shall be imposed in case of construction of other works in rural and urban areas.
3. A fine of between 30,000,000 and 40,000,000 shall be imposed on investors that organize construction at variance with evaluated and approved designs, or 1:1500-scale detailed construction plans approved by competent authorities, for construction works exempt from construction licenses.
4. For violations specified in Clauses 1, 2 and 3 of this Article, if investors, after receiving competent authorities’ decisions on suspension of work construction, repeat their violations, they shall, depending on the seriousness of their violations and size of violating works, be imposed a fine of between VND 300,000,000 and 500,000,000 and deprived of the right to use construction licenses (if any).
5. Fines shall be imposed on investors that organize work construction without covering or fencing construction sites; drop construction materials in areas surrounding construction sites; or store construction materials not at prescribed places:
a/ A fine of between VND 1,000,000 and 2,000,000 shall be imposed in case of construction of separate houses;
b/ A fine of between VND 5,000,000 and 10,000,000 shall be imposed in case of construction of other works.
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a/ A fine of between VND 1,000,000 and 2,000,000 shall be imposed in case of construction of separate houses in rural areas;
b/ A fine of between VND 5,000,000 and 10,000,000 shall be imposed in case of construction of separate houses in urban areas;
c/ A tine of between VND 15,000,000 and 20,000,000 shall be imposed in case of construction of other works.
7. Fines shall be imposed on investors that organize work construction in violation of regulations of work quality management, resulting in collapse or posing a threat of collapse of adjacent works:
a/ A fine of between VND 5,000,000 and 10,000,000 shall be imposed in case of construction of separate houses in rural areas;
b/ A fine of between VND 15,000,000 and 20,000,000 shall be imposed in case of construction of separate houses in urban areas;
c/ A fine of between VND 20,000,000 and 30,000,000 shall be imposed in case of construction of other works.
8. Apart from the sanctions specified in Clauses 1, 2, 3, 4, 5, 6 and 7 of this Article, violating investors shall also be forced to apply consequence remedies and handled under Articles 12, 13, 14 and 15 of Decree No. 180/2007/ND-CP.
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a/ Organizing construction ground clearance at variance with approved 1:500-scale detailed construction plans or work construction investment projects;
b/ Paying material compensations for construction work ground clearance in contravention of regulations.
2. Apart from the sanction specified in Clause 1 of this Article, violating investors shall also be forced to strictly comply with regulations on payment of compensations for ground clearance.
Article 13. Sanctioning of investors that violate regulations on supervision of work construction
1. A fine of between VND 10,000,000 and 20,000,000 shall be imposed on investors that commit any of the following acts:
a/ Failing to put up signboards at construction sites or pulling up signboards showing insufficient required information;
b/ Failing to archive work construction supervision results;
c/ Failing to inspect the consistency of the actual capability, in terms of manpower, construction equipment, quality management system, permits for use of machinery and equipment, quality of supplies, materials and equipment to be installed in works, of construction contractors with that stated in their bid dossiers and construction contracts;
d/ Failing to inspect construction measures applied by contractors, keep work construction supervision diaries or append certification seals on working plans before construction starts.
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3. Apart from the sanctions specified in Clauses 1 and 2 of this Article, violating investors shall also be forced to strictly comply with regulations on work construction supervision.
1. A fine of between VND 5,000,000 and 10,000,000 shall be imposed on investors that commit any of the following acts:
a/ Failing to send reports on results of certification of construction work quality standard conformity to provincial-level Construction Services;
b/ Failing to archive construction work dossiers under regulations;
c/ Failing to send biannual and annual reports on quality of construction works to provincial-level Construction Services.
2. A fine of between VND 10,000,000 and 15,000,000 shall be imposed on investors that fail
to report on work incidents to competent construction management authorities under regulations.
3. A fine of between VND 15,000,000 and 20,000,000 shall be imposed on investors that
commit any of the following acts:
a/ Failing to give certification of construction work quality standard conformity under regulations;
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4. A fine of between VND 20,000,000 and 30,000,000 shall be imposed on investors that fail to inspect and certify the satisfaction of force-bearing safety conditions before putting construction works or construction work items into use, upon the occurrence of incidents which may become disastrous for people, property or the environment.
5. A fine of between VND 30,000,000 and 40,000,000 shall be imposed on investors that fail to hire capable consulting organizations under regulations to assess the quality of works in case of incidents.
6. A fine of between VND 50,000,000 and 60,000,000 shall be imposed on investors that construct works at variance with construction standards or regulations specified in approved design dossiers.
7. Apart from the sanctions specified in Clauses 1, 2, 3, 4, 5 and 6 of this Article, violating investors shall also be forced to strictly comply with regulations on construction work quality management.
1. A fine of between VND 20,000,000 and 30,000,000 shall be imposed on construction work owners or managers that fail to properly maintain their construction works according to the maintenance process set out by construction designing contractors.
2. Apart from the sanction specified in Clause 1 of this Article, construction work owners or managers shall also be forced to strictly comply with regulations on maintenance of construction works according to the process set out by construction designing contractors.
1. A fine of between VND 5,000,000 and 10,000,000 shall be imposed on investors that commit any of the following acts:
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b/ Organizing take-over tests in contravention of regulations.
2. A fine of between VND 20,000,000 and 30,000,000 shall be imposed on investors that are late in making dossiers for final settlement of costs of construction works after works or work items pass take-over tests, are handed over and put into operation:
a/ For 12 months, for projects of national importance and group-A projects;
b/ For 9 months, for group-B projects;
c/ For 6 months, for group-C projects.
3. A fine of between VND 30,000,000 and 40,000,000 shall be imposed on investors that are late in paying for completed volumes to contractors that have made valid dossiers for take-over tests and volume payment under regulations.
4. A fine of between VND 50,000,000 and 60,000,000 shall be imposed on investors that put completed construction work items or works into use without organizing take-over tests.
5. A fine of between VND 70,000,000 and 80,000,000 shall be imposed on investors that organize take-over tests of uncompleted volumes.
6. Apart from the sanctions specified in Clauses 1, 2, 3, 4 and 5 of this Article, violating investors shall also be forced to strictly comply with regulations on take-over tests of and payment for completed volumes and final settlement of costs of construction works.
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1. A fine of between VND 5,000,000 and 10,000,000 shall be imposed on individuals who commit any of the following acts:
a/ Borrowing or lending, renting or leasing practice licenses;
b/ Operating beyond their practice capability under regulations or at variance with their practice certificates or without practice certificates.
2. A fine of between VND 30,000,000 and 40,000,000 shall be imposed on contractors who commit any of the following acts:
a/ Appointing persons possessing no practice certificates or unqualified for types or grades of works for which they are appointed to the position of construction plan chief designer, manager of specialized designing of construction plans, construction survey managers, work construction chief designer or designing manager, work construction supervisor, project formulation manager, project management consultancy director, construction site chief commander, design verification manager or work design evaluation manager;
b/ Conducting construction activities beyond their capability.
3. Apart from the sanction specified in Clauses 1 and 2 of this Article, violators are also subject to either or both of the following measures:
a/ Forcible compliance with regulations on construction activity or practice capability conditions;
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Article 18. Sanctioning of contractors that breach contents of bid dossiers and contracts
1. A fine of between VND 20,000,000 and 30,000,000 shall be imposed on contractors that arrange personnel or equipment not in accordance with successful bid dossiers and contracts without investors’ consent.
2. Apart from the sanction specified in Clause 1 of this Article, violating contractors shall also be forced to properly realize their commitments in bid dossiers or contracts and regulations on bidding in construction activities.
1. A fine of between VND 10,000,000 and 15,000,000 shall be imposed on contractors that use experiment results provided by unaccredited laboratories or lack required experiment results.
2. A fine of between VND 15,000,000 and 20,000,000 shall be imposed on contractors that use data and documents which are of unidentified origin or inaccurate or lack legal grounds, or those inappropriate to surveyed sites.
3. A fine of between VND 50,000,000 and 60,000,000 shall be imposed on contractors that improperly apply construction regulations and standards.
4. Apart from the sanctions specified in Clauses 1, 2 and 3 of this Article, violating contractors shall also be forced to comply with construction regulations and standards and regulations on use of data and documents in construction activities.
Article 20. Sanctioning of contractors that violate regulations on professional liability insurance
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2. Apart from the sanctions specified in Clause 1 of this Article, violating contractors shall also be forced to purchase professional liability insurance.
1. A fine of between VND 10,000,000 and 15,000,000 shall be imposed on contractors that commit any of the following acts:
a/ Failing to organize by themselves take-over tests or organizing take-over tests of construction works in contravention of regulations;
b/ Failing to make documents, papers or drawings related to construction works in Vietnamese and a foreign language, for foreign investors or contractors.
2. A fine of between VND 15,000,000 and 20,000,000 shall be imposed on contractors that delay completion of dossiers or documents for use in work take-over tests, payment or final settlement under regulations;
3. A fine of between VND 80,000,000 and 100,000,000 shall be imposed on contractors that commit any of the following acts:
a/ Organizing take-over tests of uncompleted works;
b/ Organizing the handover of works to owners or users without having organized take-over tests under regulations.
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a/ Forcible cancellation of take-over test, payment or final settlement results;
b/ Forcible strict compliance with regulations on construction work take-over tests, payment and final settlement.
Section III. FORMS AND LEVELS OF SANCTIONING OF PARTICULAR ADMINISTRATIVE VIOLATIONS OF CONTRACTORS
1. A fine of between VND 20,000,000 and 30,000,000 shall be imposed on construction survey contractors that commit any of the following acts:
a/ Using unaccredited laboratories for surveys;
b/ Failing to take measures to assure survey and traffic safety and environmental protection (disposal of chemicals) in surveyed areas.
2. A fine of between VND 30,000,000 and 40,000,000 shall be imposed on construction survey contractors that commit any of the following acts:
a/ Making survey plans with insufficient contents or at variance with regulations;
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c/ Failing to perform the approved survey tasks.
3. A fine of between VND 80,000,000 and 100,000,000 shall be imposed on contracts that report untruthful or invalid survey documents and data, leading to modification of designs for twice or more.
4. Apart from the sanctions specified in Clauses 1, 2 and 3 of this Article, violating construction survey contractors are also subject to either or both of the following measures:
a/ Forcible compliance with regulations on management of construction survey quality;
b/ Deprivation of the right to use practice certificates, for individuals who act as construction survey managers, for between one and three years or indefinitely.
1. A fine of between VND 8,000,000 and 10,000,000 shall be imposed on contractors that prolong the elaboration of construction planning tasks beyond the following time limits from the date of signing contracts:
a/ Six months, for elaboration of regional construction planning tasks;
b/ Four months, for elaboration of urban construction general planning tasks;
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2. A fine of between VND 15,000,000 and 20,000,000 shall be imposed for prolonging the elaboration of construction plans beyond the following time limits from the date of signing contracts:
a/ Eighteen months, for elaboration of regional construction plans;
b/ Twelve months, for elaboration of urban construction general plans;
c/ Nine months, for elaboration of urban construction detailed plans;
d/ Six months, for elaboration of rural population area construction plans.
3. A fine of between VND 15,000,000 and 20,000,000 shall be imposed on contractors providing consultancy on making plan dossiers and work construction site plans in contravention of regulations.
4. Apart from the sanction specified in Clause 3 of this Article, violating contractors shall also be forced to strictly comply with regulations on making of plan dossiers and work construction site plans.
1. A fine of between VND 8,000,000 and 10,000,000 shall be imposed on work construction designing contractors that make construction designing dossiers in contravention of regulations.
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3. A fine of between VND 15,000,000 and 20,000,000 shall be imposed on work construction designing contractors that commit any of the following acts:
a/ Failing to conduct author supervision under regulations;
b/ Performing contracts on supervision of construction of state-funded works according to designs they make;
c/ Failing to participate in construction work take-over tests as requested by investors;
d/ Performing the next designing step when the previous step is not yet approved.
4. A fine of between VND 20,000,000 and 30,000,000 shall be imposed on work construction designing contractors that designate construction supplies, material and equipment manufacturers in designing dossiers.
5. A fine of between VND 30,000,000 and 40,000,000 shall be imposed on work construction designing contractors that commit any of the following acts:
a/ Failing to include technical standards and utilities of construction equipment, materials and components in designing dossiers;
b/ Failing to elaborate a maintenance process for works for which such a process is required.
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a/ Forcible compliance with regulations on work construction designing;
b/ Depending on the seriousness of violations of individuals acting as chief designers or designing managers, deprivation of these individuals’ right to use their practice certificates for between one and three years or indefinitely.
1. Fines shall be imposed on contractors that construct works in contravention of their licenses granted by competent authorities after written records of administrative violations are made and orders on suspension of construction of works in violation of construction order are issued:
a/ A fine of between VND 1,000,000 and 2,000,000 shall be imposed in case of construction of separate houses in rural areas;
b/ A fine of between VND 5,000,000 and 10,000,000 shall be imposed in case of construction of separate houses in urban areas;
c/ A fine of between VND 20,000,000 and 30,000,000 shall be imposed in case of construction of other works in rural and urban areas.
2. Fines shall be imposed on contractors that construct works without construction licenses after written records of administrative violations are made and orders on suspension of construction of works in violation of construction order are issued:
a/ A fine of between VND 2,000,000 and 3,000,000 shall be imposed in case of construction of separate houses in rural areas;
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c/ A fine of between VND 20,000,000 and 30,000,000 shall be imposed in case of construction of other works in rural and urban areas.
3. A fine of between VND 30,000,000 and 40,000,000 shall be imposed on contractors that conduct construction at variance with evaluated and approved designs or 1:500-scale detailed construction plans approved by competent authorities for construction works exempt from construction licenses, after written records of administrative violations are made and construction of works in violation of construction order is suspended.
4. For violations specified in Clauses 1, 2 and 3 of this Article, after decisions on suspension of work construction are issued by competent authorities, if construction contractors still proceed with the construction, they shall, depending on the seriousness of their violations and the size of violating works, be fined between VND 300,000,000 and 500,000,000.
5. A fine shall be imposed on construction contractors that fail to cover construction sites, let construction materials drop in surrounding areas or store construction materials not at prescribed places:
a/ A fine of between VND 1,000,000 and 2,000,000 shall be imposed in case of construction of separate houses;
b/ A fine of between VND 5,000,000 and 10,000,000 shall be imposed in case of construction of other works.
6. Fines shall be imposed on contractors that organize construction of works in violation of regulations on construction, resulting in subsidence or cracks of adjacent works:
a/ A fine of between VND 1,000,000 and 2,000,000 shall be imposed in case of construction of separate houses in rural areas;
b/ A fine of between VND 5,000,000 and 10,000,000 shall be imposed in case of construction of separate houses in urban areas;
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7. Fines shall be imposed on contractors that organize construction of works in violation of regulations on work quality management, resulting in collapse of adjacent works:
a/ A fine of between VND 5,000,000 and 10,000,000 shall be imposed in case of construction of separate houses in rural areas;
b/ A fine of between VND 15,000,000 and 20,000,000 shall be imposed in case of construction of separate houses in urban areas;
c/ A fine of between VND 30,000,000 and 40,000,000 shall be imposed in case of construction of other works.
8. Apart from the sanctions specified in Clauses 1, 2, 3, 4, 5, 6 and 7 of this Article, violating construction contractors shall also be forced to remedy consequences and handled under Articles 12, 13, 14 and 15 of Decree No. 180/2007/ND-CP.
1. A fine of between VND 20,000,000 and 30,000,000 shall be imposed on work construction contractors that commit any of the following acts:
a/ Failing to equip sufficient labor protection devices to laborers working on construction sites; devising technical solutions and organizing construction without taking labor protection assurance measures;
b/ Failing to put up safety signboards or construction site covers;
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2. A fine of between VND 30,000,000 and 40,000,000 shall be imposed on work construction contractors that violate regulations on dismantlement of construction works.
3. Apart from the sanctions specified in Clauses 1 and 2 of this Article, violating work construction contractors shall also be forced to strictly comply with regulations on construction or dismantlement of works.
1. Fines:
a/ A fine of between VND 10,000,000 and 15,000,000 shall be imposed on construction contractors that fail to inspect the quality of construction materials or components under regulations or use inspection results of unaccredited laboratories;
b/ A fine of between VND 15,000,000 and 20,000,000 shall be imposed on construction contractors that commit any of the following acts: failing to make construction completion drawings as required or make construction completion drawings not true to construction reality; keeping no construction diaries as required; failing to compile or archive quality management documents as required; or violating regulations on work warranty;
c/ A fine of between VND 10,000,000 and 20,000,000 shall be imposed on construction contractors that use construction materials or components or technological equipment without certificates of origin or certificates of quality standard conformity as required;
d/ A fine of between VND 80,000,000 and 100,000,000 shall be imposed on construction contracts that fail to set up quality management systems or organize the construction supervision.
2. Apart from the sanction specified in Clause 1 of this Article, violating work construction contractors shall also be forced to strictly comply with regulations on construction work quality management.
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1. A line of between VND 20,000,000 and 30,000,000 shall be imposed on work construction supervision contractors that fail to conduct construction supervision under signed contracts; or that enter into contracts with construction contractors to inspect the quality of construction works under their supervision.
2. A fine of between VND 40,000,000 and 50,000,000 shall be imposed on work construction supervision contractors that falsify supervision results.
3. Apart from the sanctions specified in Clauses 1 and 2 of this Article, violating work construction supervision contractors shall also be forced to strictly comply with work construction supervision regulations and signed contracts.
Article 29. Sanctioning of violations committed by other contractors, organizations and individuals
1. A fine of between VND 30,000,000 and 40,000,000 shall be imposed on construction work quality inspection organizations that commit any of the following acts:
a/ Conducting quality inspection without satisfying the specified capability condition;
b/ Certifying the satisfaction of the force-bearing safety condition or quality standard conformity of construction works in contravention of the prescribed order and procedures.
2. A fine of between VND 30,000,000 and 40,000.000 shall be imposed on laboratories that
commit any of the following acts:
a/ Conducting experimenting activities without satisfying the specified capability condition;
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c/ Failing to archive dossiers in the process of experiment, sample receipts and experimental result slips under regulations.
3. A fine of between VND 30,000,000 and 40,000,000 shall be imposed on verification consultancy organizations that commit any of the following acts:
a/ Conducting verification activities without satisfying the specified capability condition;
b/ Conducting verifications in contravention of regulations;
c/ Reporting inaccurate verification results.
4. A fine of between VND 20,000,000 and 30,000,000 shall be imposed on electricity or water suppliers or neighboring households that continue the supply of electricity or water to works in violation of construction order though decisions on suspension of the construction of works have been issued by competent persons.
5. Fines:
a/ A fine of between VND 30,000,000 and 40,000,000 shall be imposed on organizations and individuals that organize training in work construction supervision or construction price appraisal skills and grant certificates of training in contravention of regulations;
b/ A fine of between VND 50,000,000 and 60,000,000 shall be imposed on organizations and individuals that organize training in work construction supervision skills or construction price appraisal and grant certificates of training without permission of the Construction Ministry.
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a/ Forcible compliance with regulations on construction activity or construction practice capability conditions;
b/ Non-recognition of training results;
c/ Deprivation of training licenses of violating organizations for between one and three years or indefinitely;
d/ Revocation of laboratory accreditation decisions.
Organizations and individuals that commit violations in the selection of construction contractors shall be handled under Articles 65 and 66 of Decree No. 58/2008/ND-CPof May 5, 2008, guiding the implementation of the Bidding Law and selection of construction contractors under the Construction Law.
FORMS AND LEVELS OF SANCTIONING OF ADMINISTRATIVE VIOLATIONS IN REAL ESTATE BUSINESS
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1. A fine of between VND 50,000,000 and 60,000,000 shall be imposed on organizations and individuals that commit any of the following acts:
a/ Selling, leasing or putting for hire-purchase real estate which are required to be traded on real estate trading floors outside these floors;
b/ Selling, leasing or putting for hire-purchase real estate on real estate trading floors in contravention of the specified order and procedures;
c/ Failing to certify or improperly certifying real estate which has been traded on real estate trading floors.
2. A fine of between VND 60,000,000 and 70,000,000 shall be imposed on organizations and individuals that commit any of the following acts:
a/ Trading in real estate which fails to satisfy trading conditions or is not permitted to be traded under regulations;
b/ Violating regulations on raising of capital for investment in projects on housing development, new urban centers or industrial park technical infrastructure;
c/ Violating regulations on transfer of projects on housing development, new urban centers or industrial park technical infrastructure.
3. Apart from the sanctions specified in Clauses 1 and 2 of this Article, violators shall also be forced to strictly comply with regulations on conditions on real state business, procedures for selling, leasing, putting for hire-purchase or certifying real estate on real estate trading floors, raising capital or transferring projects. Those that relapse into violations specified at Point b, Clause 1 and Clause 2 of this Article shall be deprived of the right to use business registration certificates for between one and three years or indefinitely.
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1. A fine of between VND 50,000,000 and 60,000,000 shall be imposed on organizations and individuals that commit any of the following acts:
a/ Violating regulations on establishment of real estate trading floors;
b/ Violating regulations on operation of real estate trading floors.
2. Apart from the sanction specified in Clause 1 of this Article, violators shall also be forced to strictly comply with regulations on establishment and operation of real estate trading floors. If causing damage, they shall pay compensations therefor under regulations. In case of relapse into violations, they shall be deprived of the right to use business registration certificates for between one and three years or indefinitely.
1. A fine of between VND 30,000,000 and 40,000,000 shall be imposed on organizations that provide training in real estate brokerage, price appraisal or real estate trading floor management and administration in contravention of regulations.
2. A fine of between VND 50,000,000 and 60,000,000 shall be imposed on organizations that provide training in real estate brokerage, price appraisal or real estate trading floor management and administration without permission of the Construction Ministry.
3. Apart from the sanctions specified in Clauses 1 and 2 of this Article, violating organizations shall also be deprived of the training licenses for between one and three years or definitely or subject to non-recognition of training results; individuals participating in training courses provided by these violating organizations will have their granted certificates or practice certificates revoked.
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a/ Practicing as independent real estate brokers or price appraisers without practice certificates as required; managing and administering real estate trading floors without certificates of training in real estate trading floor management and administration;
b/ Erasing, modifying, lending, leasing or borrowing or renting real estate brokerage or price appraisal practice certificates or real estate trading floor manager or administrator certificates;
c/ Breaching the rules on real estate brokerage operation.
2. A fine of between VND 30,000,000 and 40,000,000 shall be imposed on real estate service organizations that employ real estate brokers and price appraisers without practice certificates as required.
3. A fine of between VND 60,000,000 and 70,000,000 shall be imposed on real estate service organizations that commit any of the following acts:
a/ Breaching the rules on real estate brokerage operation;
b/ Having insufficient staff members who possess real estate broker or price appraiser practice certificates as required.
4. Apart from the sanctions specified in Clauses 1, 2 and 3 of this Article, violating individuals shall also be deprived of real estate broker or price appraiser practice certificates or real estate trading floor manager or administrator certificates for between one and three years or indefinitely.
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Organizations and individuals that violate regulations on exploitation of minerals for use as construction materials shall, apart from being sanctioned under Clause 3, Article 1 of the Government’s Decree No. 77/2007/ND-CP of May 10, 2007, amending and supplementing a number of articles of the Government’s Decree No. 150/2004/ND-CP of July 29, 2004, on sanctioning of administrative violations in the mineral domain, also face the following sanctions:
1. A fine of between VND 20,000,000 and 30,000,000 shall be imposed on organizations and individuals that commit any of the following acts:
a/ Failing to comply with regulations on elaboration, evaluation and approval of quarry designs under law;
b/ Appointing professionally unqualified and managerially incapable persons to act as mine directors.
2. A fine of between VND 30,000,000 and 40,000,000 shall be imposed on organizations and individuals that organize mining activities in contravention of regulations, standards and rules on safety in quarrying stone for use as construction materials.
3. Apart from the sanctions specified in Clauses 1 and 2 of this Article, violators shall also face additional sanctions and any of the following measures:
a/ Deprivation of the right to use mining licenses for between one and three years or indefinitely;
b/ Forcible strict compliance with regulations on labor safety in mining or production of construction materials;
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1. A fine of between VND 2,000,000 and 5,000,000 shall be imposed on organizations and individuals that commit any of the following acts:
a/ Opening places of business in contravention of local administrations’ regulations;
b/ Failing to put up signboards clearly showing names of stores, enterprises, cooperatives or business households;
c/ Failing to accompany traded goods with certificates of origin or quality registrations to guide consumers; failing to publicize sale prices;
d/ Failing to equip fire fighting devices or safety signboards at places of sale of flammable construction materials, such as construction timber, bamboos of all kinds, plastic materials, vanishes, asphalt papers and bamboo lattices;
e/ Failing to put up partitions to assure safely for people at places of sale of construction materials which emit noxious chemical smells or dust, such as vanishes, asphalt papers, bamboo lattices, tar, slaked lime and lump lime;
f/ Failing to erect fences and danger-warning signs at lime pits or tanks.
2. A fine of between VND 40,000,000 and 50,000,000 shall be imposed on organizations and individuals that produce or trade in construction materials without announcing quality standards or satisfying announced quality standards; or trade in imported construction materials of unidentified origin.
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a/ Forcible strict compliance with regulations on construction material trading;
b/ Deprivation of construction material trading licenses for between one and three years or indefinitely.
1. A fine of between VND 500,000 and 1,000,000 shall be imposed for any of the following acts: dumping excrements and garbage; grazing animals; growing trees and cash crops in safety areas of ground water wells.
2. A fine of between VND 2,000,000 and 5,000,000 shall be imposed for any of the following acts: digging garbage, excrement or lime pits; burying carcasses or toxic matters in safety areas of ground water wells.
3. A fine of between VND 20,000,000 and 30,000,000 shall be imposed on organizations and individuals that violate regulations on protection of safety areas of ground water wells.
4. Apart from the sanctions specified in Clauses 1, 2 and 3 of this Article, violators shall also be forced to take remedies to treat pollution caused by their administrative violations.
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1. A fine of between VND 5,000,000 and 10,000,000 shall be imposed for any of the following acts: bathing, washing, grazing cattle, dumping garbage, carcasses or dead plants in safety areas of surface water sources.
2. A fine of between VND 20,000,000 and 30,000,000 shall be imposed on organizations and individuals that discharge wastewater in excess of prescribed limits, oils, grease, toxic chemicals into safety areas of surface water sources.
3. A fine of between VND 30,000,000 and 50,000,000 shall be imposed on organizations and individuals that construct onshore, floating or underwater works within safety areas of surface water sources.
4. Apart from the sanctions specified in Clauses 1, 2 and 3 of this Article, violators are also subject to one or several of the following measures:
a/ Confiscation of material evidence or means used in committing administrative violations;
b/ Forcible remedying of environmental pollution caused by violations;
c/ Violations specified in Clause 4 of this Article shall also be handled under Article 12 of Decree No. 180/2007/ND-CP.
1. A fine of between VND 500,000 and 1,000,000 shall be imposed for any of the following acts: dumping garbage, discharging wastewater, dumping soil, stone and construction materials within safety corridors of crude water pipelines or clean water pipelines.
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3. A fine of between VND 60,000,000 and 70,000,000 shall be imposed on organizations and individuals that perforate crude water pipelines or clean water pipelines without permission.
4. Apart from the sanctions specified in Clauses 1, 2 and 3 of this Article, violators shall also face additional sanctions and one or several of the following measures:
a/ Confiscation of material evidence or means used in committing administrative violations;
b/ Forcible remedying of environmental pollution caused by administrative violations;
c/ Forcible strict compliance with regulations on protection of safety of crude water pipelines or clean water pipelines;
d/ Forcible restoration of the original state altered due to administrative violations.
1. A fine of between VND 500,000 and 1,000,000 shall be imposed on organizations and
individuals that commit any of the following acts in safety areas of works of water supply systems:
a/ Dumping excrements and garbage or defecating;
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c/ Violating regulations on safety, protection of safety areas of fountains, reservoirs and other technical works of water supply systems.
2. Apart from the sanction specified in Clause 1 of this Article, violators shall also face additional sanctions and either or both of the following measures:
a/ Forcible remedying of environmental pollution caused by administrative violations;
b/ Forcible strict compliance with regulations on protection of safety of technical works of water supply systems.
1. A fine of between VND 2,000,000 and 5,000,000 shall be imposed for any of the following acts:
a/ Using water before water meters;
b/ Falsifying water meter readings;
c/ Displacing water meters or changing water meters of different sizes or types without permission;
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2. A fine of between VND 5,000,000 and 10,000,000 shall be imposed on organizations and individuals that commit any of the following acts:
a/ Damaging water pipelines or technical equipment in the water supply plumbing;
b/ Re-plumbing water pipelines without permission; resizing water pipelines in contravention of regulations;
c/ Removing pipelines or technical equipment in the water supply plumping in contravention of regulations;
d/ Using water from the water supply plumbing or fire-fighting hydrants for improper purposes.
3. A fine of between VND 20,000,000 and 30,000,000 shall be imposed on organizations and individuals that commit any of the following acts:
a/ Supplying daily-life clean water of substandard quality;
b/ Water suppliers’ failure to supply water under water supply contracts signed with water-consuming households.
4. Apart from the sanctions specified in Clauses 1, 2 and 3 of this Article, violators shall also face additional sanctions and either or both of the following measures:
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b/ Forcible strict compliance with regulations on protection of safety and use of water supply plumbing; regulations, standards and rules on quality of supplied water; forcible compliance with signed water supply contracts.
1. A fine of between VND 500,000 and 1,000,000 shall be imposed for any of the following acts: planting trees, floating water vegetables or duckweed or other acts which block the flow of water in the drainage system.
2. A fine of between VND 2,000,000 and 5,000,000 shall be imposed on organizations and individuals that dump soil, stone, scraps or garbage into rivers, lakes, canals, ditches, pits, sewers and drains thereby blocking the water flow.
3. A fine of between VND 5,000,000 and 10,000,000 shall be imposed on organizations and individuals that commit any of the following acts:
a/ Discharging toxic or hazardous substances into the public water drainage system;
b/ Violating regulations on protection of safety of the water drainage system.
4. A fine of between VND 5,000,000 and 10,000,000 shall be imposed on organizations and individuals that commit any of the following acts:
a/ Connecting one’s own drains to the water drainage system without permission;
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c/ Removing underground drains or wastewater pits without permission;
d/ Building onshore, floating or underwater works of all kinds within safety areas of water drainage systems in contravention of regulations.
5. Apart from the sanctions specified in Clauses 1, 2, 3 and 4 of this Article, violators shall also face additional sanctions and one or all of the following measures:
a/ Forcible restoration of the original state altered due to administrative violations;
b/ Forcible payment of compensations for damage caused by administrative violations;
c/ Violations specified at Point d, Clause 4 of this Article shall also be handled under Article 12 of Decree No. 180/2007/ND-CP.
Article 43. Sanctioning of violations of regulations on building, management and use of cemeteries
1. A fine of between VND 500,000 and 2,000,000 shall be imposed on organizations and individuals that build graves, gravestones and other works in cemeteries in contravention of regulations.
2. A fine of between VND 2,000,000 and 5,000,000 shall be imposed on organizations and individuals that commit any of the following acts:
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b/ Failing to remove graves under cemetery plannings or urban development projects approved by competent authorities;
c/ Removing graves within cemeteries without permission of cemetery management boards.
3. A fine of between VND 10,000,000 and 15,000,000 shall be imposed on organizations and individuals that commit any of the following acts:
a/ Damaging gravestones or graves in cemeteries;
b/ Destroying public works in cemeteries;
c/ Building sham graves or cemeteries.
1. A fine of between VND 500,000 and 1,000,000 shall be imposed for any of the following acts:
a/ Chiseling, driving nails into trees; picking flowers or cutting tree branches without permission; discharging garbage not at prescribed places or other acts which harm trees, flower gardens and lawns;
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c/ Stretching ropes or decorative winkers or hanging advertisement billboards and other objects on trees at public places, streets and parks in contravention of regulations;
d/ Grazing animals in parks and flower gardens.
2. A fine of between VND 10,000,000 and 15,000,000 shall be imposed on organizations and individuals that commit any of the following acts:
a/ Felling or removing trees without permission;
b/ Dumping toxic or hazardous matters or construction materials at tree stock bases in urban areas;
c/ Planting trees on pavements, median strips, streets or traffic hubs in contravention of regulations;
d/ Planting trees named on the list of trees banned from planting or the list of trees subject to limited planting without permission of competent authorities;
e/ Using works in parks for improper purposes;
f/ Damaging cultural, service or public-utility works in parks and flower gardens.
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a/ Forcible restoration of the original state altered due to violations;
b/ Forcible compliance with regulations on protection and use of works in parks and management of urban trees.
1. A fine of between VND 2,000,000 and 5,000,000 shall be imposed for any of the following acts:
a/ Installing or building stages or ramps for wheeling bicycles and motorcycles, or building steps on pavements or roadbeds;
b/ Leaving construction machinery and equipment on pavements or roadbeds in contravention of regulations;
c/ Discharging wastewater from construction sites on pavements and roadbeds.
2. A fine of between VND 20,000,000 and 30,000,000 shall be imposed on organizations and individuals that commit any of the following acts:
a/ Using pavements or roadbeds as marketplaces or for selling food, displaying goods, trading in construction materials, repairing or washing automobiles and motorcycles;
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c/ Placing or hanging advertisement or decorative panels in contravention of regulations.
d/ Building or connecting access roads to main roads without permission;
e/ Failing to finish road surfaces up to technical standards or within set time limits.
3. Apart from the sanctions specified in Clauses 1 and 2 of this Article, violators are also subject to either or both of the following measures:
a/ Forcible restoration of the original state altered due to administrative violations;
b/ Forcible strict compliance with regulations on management, exploitation and use of urban pavements and roads.
1. A fine of between VND 100,000 and 300,000 shall be imposed on individuals and households that dump garbage not at prescribed places.
2. A fine of between VND 5,000,000 and 10,000,000 shall be imposed on organizations and individuals that drop waste in the course of collection and transportation.
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4. Apart from the sanctions specified in Clauses 1, 2 and 3 of this Article, violators are also subject to either or both of the following measures:
a/ Forcible remedying of environmental pollution caused by administrative violations or forcible restoration of the original state altered due to administrative violations;
b/ Forcible strict compliance with regulations on safety and environmental protection.
1. A fine of between VND 500,000 and 1,000,000 shall be imposed for acts of decorating or hanging advertisement billboards or other objects on lamp posts without permits or with permits but in contravention of regulations.
2. A fine of between VND 5,000,000 and 10,000,000 shall be imposed on organizations and individuals that commit any of the following acts:
a/ Damaging public lighting equipment and systems;
b/ Illegally removing or using equipment of public lighting systems in contravention of regulations.
3. Apart from the sanctions specified in Clauses 1 and 2 of this Article, violators shall also face additional sanctions and either or both of the following measures:
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b/ Forcible restoration of the original state altered due to administrative violations.
1. A fine of between VND 500,000 and 1,000,000 shall be imposed for dumping garbage or discharging wastewater into road tunnels in contravention of regulations.
2. A fine of between VND 5,000,000 and 10,000,000 shall be imposed on organizations and individuals that commit any of the following acts:
a/ Connecting underground lines and pipelines without permission;
b/ Using tunnel and technical trench systems without permission or for improper purposes; digging, excavating, removing or connecting tunnels and technical trenches without permission; violating regulations on management and protection of safety of technical infrastructure works;
c/ Illegally vending goods or erecting sale stalls in road and pedestrian tunnels.
3. Apart from the sanctions specified in Clauses 1 and 2 of this Article, violators are also subject to either or both of the following measures:
a/ Forcible restoration of the original state altered due to administrative violations;
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1. A fine of between VND 5,000,000 and 10,000,000 shall be imposed on organizations empowered to manage technical infrastructure works but fail to take measures to cover, put up signboards or promulgate regulations on protection of safety of these works.
2. A fine of between VND 15,000,000 and 20,000,000 shall be imposed on organizations that fail to maintain and regularly repair technical infrastructure works under regulations.
3. Apart from the sanctions specified in Clauses 1 and 2 of this Article, violators shall also be forced to strictly comply with regulations on management, operation and exploitation of technical infrastructure works.
Articled 50. Sanctioning of investors that violate regulations on housing development
1. A fine of between VND 10,000,000 and 15,000,000 shall be imposed on investors that commit any of the following acts:
a/ Failing to publicize information on housing projects according to regulations or publicizing inadequate and inaccurate information on these projects;
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c/ Grading apartment buildings in contravention of regulations.
2. A fine of between VND 40,000,000 and 50,000,000 shall be imposed on investors that commit any of the following acts:
a/ Failing to reserve land areas under commercial housing development projects for building social-welfare houses under regulations:
b/ Failing to invest in building complete social and technical infrastructure works under approved projects;
c/ Failing to lease or put for hire-purchase social-welfare houses for eligible beneficiaries.
3. Apart from the sanctions specified in Clauses 1 and 2 of this Article, violating investors shall also be forced to strictly comply with regulations on housing development.
1. A line of between VND 5,000,000 and 10,000,000 shall be imposed on organizations and individuals that erase or modify without permission residential house ownership certificates granted by competent authorities.
2. Apart from the sanction specified in Clause 1 of this Article, violators shall be forced to apply again for house ownership certificates or pay compensations for damage (if any) under regulations.
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1. A fine of between VND 500,000 and 2,000,000 shall be imposed on organizations and individuals that display advertisements or paint words or pictures on the exterior of their houses in contravention of regulations.
2. A fine of between VND 5,000,000 and 10,000,000 shall be imposed on organizations and individuals that commit any of the following acts in violation of apartment building management regulations:
a/ Dumping garbage, discharging wastewater or emitting exhaust gas and hazardous substances against regulations, causing wall wetting, roof leakage or environmental pollution;
b/ Raising cattle or poultry in areas under joint ownership or common use;
c/ Using apartment building operation management or maintenance funds in contravention of regulations.
3. A line of between VND 15,000,000 and 20,000,000 shall be imposed on organizations and individuals that commit any of the following acts in violation of apartment building management and use regulations:
a/ Opening restaurants, karaoke parlors or dancing halls;
b/ Repairing motorbikes, trading in cattle or poultry, slaughtering cattle;
c/ Raising cattle or poultry in areas under private ownership or use, badly affecting public order and the beauty of apartment buildings and living environment of other households;
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e/ Using or letting other people use areas under private ownership or use for improper purposes;
f/ Expanding private areas or spaces, encroaching common areas or spaces, or damaging assets under joint ownership or use in any form without permission; destroying, renovating or dismantling structures under joint ownership or private ownership or use; changing force-bearing structures, technical infrastructure systems or equipment under common use or exterior appearances of apartment buildings;
g/ Dividing or converting use purposes of areas or spaces under joint ownership or use in contravention of regulations;
h/ Trading in fuel gases, explosive or flammable materials.
4. A fine of between VND 20,000,000 and 30,000,000 shall be imposed on organizations and individuals that commit any of the following acts in violation of house management regulations:
a/ Encroaching houses or surrounding spaces or using houses for improper purposes
b/ Failing to dismantle houses under regulations or abide by decisions on house dismantlement.
5. Apart from the sanctions specified in Clauses 1, 2, 3 and 4 of this Article, violators shall also be forced to restore the original state or strictly comply with regulations on house management and use.
6. Violations specified at Point f, Clause 3, and Point a, Clause 4 of this Article shall also be handled under Article 12 of Decree No. 180/2007/ND-CP.
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1. A fine of between VND 500,000 and 2,000,000 shall be imposed on organizations and individuals that commit any of the following acts:
a/ Lending, authorizing others to manage or leasing houses without contracts as required;
b/ Leasing houses for six months or more or authorizing others to manage houses without having contracts notarized under regulations.
2. A fine of between VND 5,000,000 and 10,000,000 shall be imposed on organizations and individuals that make phony house trading contracts.
3. A fine of between VND 15,000,000 and 20,000,000 shall be imposed on lessees of state-owned houses that transfer, sub-lease or lend these houses to others without consent of house management offices.
4. A fine of between VND 20,000,000 and 30,000,000 shall be imposed on users of state-owned houses that expand, repair or renovate these houses without consent of house management offices.
5. A fine of between VND 30,000,000 and 40,000,000 shall be imposed on foreign organizations and individuals or overseas Vietnamese that commit any of the following acts:
a/ Owning houses in Vietnam in contravention of regulations on eligible entities, owning conditions and number of houses owned by an entity;
b/ Falling into one of specified cases banned from owning houses.
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1. A fine of between VND 5,000,000 and 10,000,000 shall be imposed on organizations and individuals conducting commercial advertisements at their offices.
2. A fine of between VND 20,000,000 and 30,000,000 shall be imposed on organizations and individuals that commit any of the following acts in violation of office building management regulations:
a/ Illegally encroaching public offices;
b/ Failing to maintain offices under regulations;
c/ Using offices for improper purposes.
3. Apart from the sanctions specified in Clauses 1 and 2 of this Article, violators are also subject to one or all of the following measures:
a/ Forcible restoration of the original state altered due to administrative violations;
b/ Forcible compliance with regulations on office building management and use;
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COMPETENCE AND PROCEDURES FOR SANCTIONING ADMINISTRATIVE VIOLATIONS
Section I. COMPETENCE FOR SANCTIONING ADMINISTRATIVE VIOLATIONS
Article 55. Principles for identifying the administrative sanctioning competence
1. Competent individuals defined in Articles 56, 57, 58, 59, 60 and 61 of this Decree may only sanction administrative violations within the ambit of their powers. For administrative violations falling beyond their competence, they shall make written records of violations and propose competent authorities to issue sanctioning decisions.
2. After issuing decisions on deprivation of the right to use construction licenses or practice certificates, competent individuals defined in this Decree shall notify in writing or send these decisions to the Construction Ministry’s Inspectorate for posting on the Construction Ministry’s website.
3. For an administrative violation falling under the sanctioning competence of more than one authority, the authority that first detects it shall sanction it according to the principles specified in the Ordinance on Handling of Administrative Violations.
Article 56. Sanctioning competence of construction inspectors
1. To impose fines of up to VND 500,000.
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3. To apply the following remedies:
a/ Forcible restoration of the original state altered due to administrative violations;
b/ Forcible remedying of environmental pollution caused by administrative violations;
c/ Forcible compliance with regulations by violators.
Article 57. Sanctioning competence of provincial-level Construction Services’ chief inspectors
1. To impose fines of up to VND 30,000,000.
2. To deprive of the right to use construction licenses or practice certificates granted by provincial-level Construction Services or district-level construction offices.
3. To confiscate material evidence and means used in administrative violations.
4. To issue administrative sanctioning decisions in case district-level People’s Committee presidents delay issuing such decisions under regulations.
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a/ Forcible restoration of the original state altered due to administrative violations;
b/ Forcible remedying of environmental pollution or epidemic transmission caused by administrative violations;
c/ Forcible compliance with regulations by violators.
Article 58. Sanctioning competence of the Construction Ministry’s Chief Inspector
1. To impose fines of up to VND 500,000,000.
2. To deprive of the right to use construction licenses or practice certificates.
3. To confiscate material evidence and means used in administrative violations.
4. To issue administrative sanctioning decisions in case provincial-level People’s Committee presidents delay issuing such decisions under regulations.
5. To force violators to strictly comply with regulations.
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1. To impose fines of up to VND 2,000,000;
2. To apply the additional sanction of confiscation of material evidence and means valued at up to VND 2,000,000 and used in administrative violations.
3. To apply the following remedies:
a/ Forcible restoration of the original state altered due to administrative violations;
b/ Forcible remedying of environmental pollution caused by administrative violations;
c/ Temporary seizure of material evidence or means used in administrative violations.
d/ Forcible compliance with regulations by violators.
Article 60. Sanctioning competence of district-level People’s Committee presidents
1. To impose fines of up to VND 30,000,000;
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3. To apply the following remedies:
a/ Forcible restoration of the original state altered due to administrative violations;
b/ Forcible remedying of environmental pollution caused by administrative violations;
c/ Forcible compliance with regulations by violators.
4. To temporarily seize material evidence or means used in administrative violations.
Article 61. Sanctioning competence of provincial-level People’s Committee presidents
1. To impose fines of up to VND 500,000,000;
2. To apply the following additional sanctions:
a/ Confiscation of material evidence and means used in administrative violations;
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3. To apply the following remedies:
a/ Forcible restoration of the original state altered due to administrative violations;
b/ Forcible remedying of environmental pollution caused by administrative violations;
c/ Forcible compliance with regulations by violators.
Section II. PROCEDURES FOR SANCTIONING ADMINISTRATIVE VIOLATIONS
Article 62. Making written records of violations
1. Upon detecting administrative violations in domains under their management, competent persons on duty shall promptly make written records thereof. For administrative violations falling beyond their sanctioning competence, record makers shall promptly send the records to competent persons for sanctioning.
2. A record must be made in at least 2 copies, one to be handed to the violator and the other to be filed for sanctioning. For violations falling beyond the record maker’s sanctioning competence, violation dossiers shall be forwarded to competent authorities for sanctioning.
Written records shall be made according to a set form (not printed herein).
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Article 63. Time limits for issuing sanctioning decisions, payment and collection of fines
1. The time limit for issuing a sanctioning decision is 10 days from the date of making a written record of the administrative violation. For cases involving complicated circumstances, the time limit for issuing sanctioning decisions is 30 days. Sanctioning decisions shall be sent to sanctioned organizations or individuals as well as fine-collecting agencies within 3 days from the date of their issuance.
2. Violators shall, within 10 days from the date of receiving sanctioning decisions, pay fines at places indicated in sanctioning decisions, for which they will be given receipts.
Administrative violation sanctioning decisions shall he made according to a set form (not printed herein).
Article 64. Abidance by sanctioning decisions
1. Organizations and individuals sanctioned for administrative violations shall abide by sanctioning decisions within 10 days from the date of receiving these decisions.
2. Past the time limit specified in Clause 1 of this Article, if organizations or individuals sanctioned for administrative violations fail to voluntarily abide by sanctioning decisions, they shall be forced to do so.
1. Past the time limit of 10 days from the date indicated in sanctioning decisions, if sanctioned organizations or individuals fail to voluntarily abide by these decisions, presidents of People’s Committees at any level, chief inspectors of provincial-level Construction Services and Chief Inspectors of the Construction Ministry may issue decisions to enforce these decisions and organize the enforcement.
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2. If organizations and individuals sanctioned for administrative violations fail to voluntarily abide by sanctioning decisions, they are subject to the following coercive measures:
a/ Withholding of part of salaries or incomes or deducting money from bank accounts to pay fines;
b/ Distraint of assets of a value equal to fine amounts for auction;
c/ Confiscation of material evidence and means used in administrative violations; forcible restoration of the original state altered due to administrative violations; forcible remedying of environmental pollution;
d/ Violations of construction order are subject to suspension of construction of works or forcible dismantlement of works violating construction order according to the order and procedures specified in Decree No. 180/2007/ND-CP.
3. Organizations and individuals subject to enforcement shall strictly abide by enforcement decisions and bear all expenses for implementing enforcement decisions.
4. Responsibilities of credit institutions for implementing decisions on enforcement of administrative violation sanctioning decisions comply with Clause 27, Article 1 of the National Assembly Standing Committee’s Ordinance No. 04/2008/UBTVQH12 of April 2, 2008, amending and supplementing a number of articles of the Ordinance on Handling of Administrative Violations.
5. The People’s Police Force shall take part in assuring order and safety in the course of implementation of enforcement decisions.
Article 66. Confiscation and handling of material evidence and means
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2. Issuers of decisions to confiscate material evidence and means shall organize the preservation thereof or assign material evidence and means to violators for management by themselves pending the handling thereof.
3. When necessary, material evidence and means used in administrative violations must be sealed up.
4. Material evidence and means confiscated in administrative violations shall be handled according to current regulations.
Article 67. Order and procedures for handling violations of construction order
Apart from the order and procedures specified in this Decree, violations of construction order shall be handled under Articles 22, 23, 24 and 25 of Decree No. 180/2007/ND-CP.
COMPLAINTS, DENUNCIATIONS AND HANDLING OF VIOLATIONS
Article 68. Complaints and denunciations
1. Organizations or individuals sanctioned for administrative violations or their lawful representatives may complain about sanctioning decisions of competent persons under the law on complaints and denunciations. Pending the settlement of their complaints by competent agencies, sanctioned organizations or individuals shall still abide by sanctioning decisions.
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2. Vietnamese citizens may denounce to competent state agencies organizations and individuals that commit administrative violations specified in this Decree and denounce persons with the administrative violation-sanctioning competence who abuse their powers to act against the provisions of this Decree.
3. Procedures for lodging and settling complaints and denunciations comply with the law on complaints and denunciations.
Article 69. Handling of violations
1. Persons with administrative violation-sanctioning competence who abuse their powers, tolerate, cover up, fail to sanction or sanction administrative violations in an untimely or improper manner or beyond their vested powers and responsibilities shall, depending on the nature and seriousness of their violations, be disciplined or examined for penal liability. If causing material damage, they shall pay compensations under law.
2. Violators of the provisions of this Decree who fail to voluntarily abide by sanctioning decisions shall be forced to do so. If they obstruct or resist officers on duty or employ deceitful tricks or offer bribes in order to shirk the examination, inspection and sanctioning by competent persons, they shall, depending on the nature and seriousness of their violations, be handled under law.
Article 70. Collection, remittance and use of fines on administrative violations
1. Fines on administrative violations shall be remitted into the state budget under regulations.
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This Decree takes effect on May 1, 2009, and replaces the Government’s Decree No. 126/2004/ND-CP of May 26, 2004, on sanctioning of administrative violations in construction, management of urban infrastructure works and use of houses.
Article 72. Implementation responsibility
Ministers, heads of ministerial-level agencies and government-attached agencies and presidents of provincial-level People’s Committees shall implement this Decree.
The Construction Ministry shall specifically guide the implementation of Article 5; Clauses 1, 3 and 5, Article 11; Point b, Clause 3, Article 17; Point b, Clause 4, Article 22; Clause 3, Article 23; Clause 1, Point b, Clause 6, Article 24; Point c, Clause 6, Article 29; Clauses 1 and 3, Article 31; Clause 1, Article 32; Clauses 1 and 3, Article 33; Clause 4, Article 34; Point b, Clause 3, Article 36, and other relevant matters, and inspect the implementation of this Decree.
ON BEHALF OF THE GOVERNMENT
PRIME MINISTER
Nguyen Tan Dung
- 1Decree of Government No.126/2004/ND-CP of May 26, 2004 on the sanctioning of administrative violations in construction activities, urban infrastructure management and house use management
- 2Decree No. 81/2013/ND-CP of July 19, 2013, on elaborating some articles and enforcement of the Law on handling administrative violations
- 3Decree 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
- 4Decree 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
- 1Circular No. 24/2009/TT-BXD of July 22, 2009, detailing a number of provisions of The Government''s Decree No. 23/2009/ND-CP of February 27, 2009, on sanctioning of administrative violations in construction activities; real estate business; exploitation, production and trading of construction materials; management of technical infrastructure facilities; and management of development of houses and offices
- 2Ordinance No. 04/2008/PL-UBTVQH12 of April 02, 2008 amending and supplementing a number of articles of The Ordinance on handling of administrative violations
- 3Decree No. 180/2007/ND-CP of December 7, 2007, detailing and guiding the implementation of a number of articles of the Construction Law regarding the handling of violations of urban construction order.
- 4Law No. 63/2006/QH11 of June 29, 2006 on real estate business
- 5Law No. 56/2005/QH11 of November 29, 2005, on housing.
- 6Decree of Government No.150/2004/ND-CP of July 29, 2004 prescribing the sanctioning of administrative violations in the field of minerals
- 7Law No. 16/2003/QH11 of November 26, 2003, on Construction.
- 8Ordinance No. 44/2002/PL-UBTVQH10 of July 02, 2002 on handling of administrative violations
Decree No. 23/2009/ND-CP of February 27, 2009, on sanctioning of administrative violations in construction activities; real estate business; exploitation, production and trading of construction materials; management of technical infrastructure; and management of development of houses and offices
- Số hiệu: 23/2009/ND-CP
- Loại văn bản: Nghị định
- Ngày ban hành: 27/02/2009
- Nơi ban hành: Chính phủ
- Người ký: Nguyễn Tấn Dũng
- Ngày công báo: Đang cập nhật
- Số công báo: Đang cập nhật
- Ngày hiệu lực: 01/05/2009
- Tình trạng hiệu lực: Ngưng hiệu lực