DECREE

REGULATIONS ON PENALTIES FOR ADMINISTRATIVE VIOLATIONS IN THE FIELD OF PLANNING AND INVESTMENT

Pursuant to the June 19, 6 Law on Government Organization; The Law amending and supplementing a number of articles of the Law on Government Organization and the Law on Organization of Local Government dated November 2015, 22;

Pursuant to the June 20, 6 Law on Handling of Administrative Violations; November 2012, 13 Law amending and supplementing a number of articles of the Law on Handling of Administrative Violations;

Pursuant to the Law on Cooperatives dated November 20, 11;

Pursuant to the Bidding Law dated November 26, 11;

Pursuant to the Construction Law dated June 18, 6; Law amending and supplementing a number of articles of the Construction Law dated June 2014, 17;

Pursuant to the November 24, 11 Law on Planning;

Pursuant to the June 13, 6 Law on Public Investment;

Pursuant to the November 17, 6 Investment Law;

Pursuant to the Enterprise Law dated November 17, 6;

Pursuant to the Law on Investment according to the public-private partnership method dated June 18, 6;

At the proposal of the Minister of Planning and Investment;

The Government promulgates a Decree regulating penalties for administrative violations in the field of planning and investment.

Chapter I

GENERAL RULES

Article 1. Scope

1. This Decree regulates administrative violations, forms of punishment, fine levels, remedial measures, authority to make records of administrative violations and authority to sanction administrative violations in the field of administrative violations. planning and investment sector.

2. Administrative violations in the field of planning and investment are illegal acts committed by organizations or individuals that are not crimes according to the provisions of the Penal Code and are stipulated in This Decree includes:

a) Violations of regulations in the field of investment (including: public investment, business investment in Vietnam, business investment from Vietnam to foreign countries, investment in the form of public-private partnership (PPP) );

b) Violations of regulations in the field of bidding;

c) Violating regulations in the field of business registration;

d) Violations of regulations in the field of planning.

3. Administrative violations related to the field of planning and investment not specified in this Decree shall apply according to regulations on sanctions for administrative violations in the related field of state management. .

Article 2. Subject of application

1. This Decree applies to:

a) Vietnamese organizations and individuals and foreign organizations and individuals (hereinafter referred to as organizations and individuals) commit administrative violations in the field of planning and investment;

b) Person with authority to make records and sanction administrative violations according to the provisions of this Decree;

c) Other agencies, organizations and individuals involved in sanctioning administrative violations specified in this Decree.

2. Organizations specified in Point a, Clause 1 of this Article include:

a) Joint stock companies, limited liability companies, partnerships, private enterprises established and operating under the Enterprise Law, Investment Law, Investment Law under the public-private partnership method and other Other legal documents;

b) Branches, representative offices, and business locations of the enterprise specified in Point a, Clause 2 of this Article commit administrative violations within the scope and time limit of the enterprise's authorization and under the direction and administration. , assigned or approved by an enterprise, the subject of administrative sanctions is that enterprise; Fines applicable to organizations.

Branches, representative offices and business locations of enterprises committing administrative violations are not within the scope and time limit authorized by the enterprise and are not under the direction, administration, assignment or approval. of an enterprise, the head of the branch, representative office, or business location of the enterprise shall be responsible and be administratively sanctioned according to the fine level applicable to individuals for activities conducted by the branch. , representative office, business location of the implementing enterprise;

c) Foreign organizations, enterprises, executive offices of foreign investors in BCC contracts, executive offices of foreign contractors in Vietnam;

d) Organizations established and operating under the Cooperative Law;

d) Other organizations committing administrative violations in the field of planning and investment.

Article 3. Forms of sanctions and remedial measures

1. Main forms of punishment include:

a) Caution;

b) Fine.

2. Depending on the nature and severity of the violation, the violating organization or individual will also be subject to one or more remedial measures specified in Articles from Chapter II to Chapter V of this Decree.

Article 4. Fine level

1. The maximum fine for administrative violations in this Decree is prescribed as follows:

a) In the investment field, it is 300.000.000 VND;

b) In the field of bidding, it is 300.000.000 VND;

c) In the field of business registration, it is 100.000.000 VND;

d) In the field of planning, it is 500.000.000 VND.

2. The fines specified in this Decree are the fines applicable to organizations (except for the fines specified in Point c, Clause 2, Article 28; Points a and b, Clause 2, Article 38; Article 62 and Article 63 of the Decree This determination is the penalty level applicable to individuals). For the same administrative violation, the fine for individuals is equal to 1/2 (one-half) of the fine for organizations.

Article 5. Statute of limitations and time to determine the statute of limitations for sanctioning administrative violations

1. The statute of limitations for sanctioning administrative violations in the fields of investment, bidding and enterprise registration is 01 year; for the field of planning is 02 years.

2. Administrative violations specified in Article 7; Article 9; Article 10; Article 13; Article 14; Clause 2, Article 15; Clause 3, Article 16; Article 17; Article 18; Article 19; Article 20; Article 21; Article 22; Article 23; Article 24; Article 30; Article 36; Article 37; Article 43; Article 44; Article 45; Article 46; Article 47; Article 48; Article 49; Article 50; Article 51; Article 52; Article 53; Article 54; Article 55; Article 56; Article 57; Article 58; Article 59; Article 60; Article 61; Article 62; Article 63; Article 64; Article 65; Article 66; Article 67; Article 68, Article 69; Article 70; Articles 71 and 72 of this Decree are ongoing administrative violations.

For ongoing violations, the statute of limitations is calculated from the time the violation is discovered. In case the violation has ended, the statute of limitations is calculated from the time the violation ended.

3. The administrative violations specified in this Decree (except for the administrative violations specified in Clause 2 of this Article, Article 12 and Article 25) are administrative violations that have ended.

For a violation that has ended, the statute of limitations is calculated from the time the violation ended.

Chapter II

ADMINISTRATIVE VIOLATIONS IN THE INVESTMENT FIELD, FORMS OF PENALTIES, LEVELS OF PENALTIES AND REMEDIAL MEASURES

Section 1. ADMINISTRATIVE VIOLATIONS IN THE FIELD OF PUBLIC INVESTMENT, FORMS OF PENALTIES, LEVELS OF PENALTIES AND REMEDIAL MEASURES

Article 6. Violations of Investment Intention Proposal Report, Pre-Feasibility Study Report, Feasibility Study Report

1. A fine of VND 20.000.000 to VND 30.000.000 for one of the following acts:

a) Report and propose to the competent authority to consider and decide on investment policy when a program or project overlaps with a program or project that has already had an investment policy decision or has already had an investment decision;

b) Failure to comply with the procedures for preparing the Investment Intention Proposal Report, Pre-Feasibility Study Report, and Feasibility Study Report;

c) Failure to comply with the order, procedures and conditions for adjusting the program or project.

2. A fine of VND 30.000.000 to VND 50.000.000 for one of the following acts:

a) Estimating, paying, and finalizing the costs of preparing the Investment Policy Proposal Report, Pre-Feasibility Study Report, and Feasibility Study Report at incorrect unit prices and norms as prescribed;

b) Prepare Investment Policy Proposal Report, Pre-Feasibility Study Report, Feasibility Study Report that are not in accordance with national standards and national technical regulations;

c) Prepare an Investment Policy Proposal Report, Pre-Feasibility Study Report, Feasibility Study Report that are not consistent with the strategy, socio-economic development plan and relevant planning according to regulations. regulations of law on planning;

d) Prepare Investment Policy Proposal Report, Pre-Feasibility Study Report, Feasibility Study Report without identifying capital source and ability to balance capital.

3. Remedies:

a) Forced refund of increased costs after payment, settlement of costs for preparation of Investment Policy Proposal Report, Pre-Feasibility Study Report, Feasibility Study Report with incorrect unit price, norms for violations specified in Point a, Clause 2 of this Article;

b) Forced to adjust the Investment Intention Proposal Report, Pre-Feasibility Study Report, Feasibility Study Report to comply with national standards and national technical regulations for violations of regulations. specified in Point b, Clause 2 of this Article;

c) Forced to adjust the Investment Intention Proposal Report, Pre-Feasibility Study Report, Feasibility Study Report in accordance with the strategy, socio-economic development plan and relevant planning for with violations specified in Point c, Clause 2 of this Article.

Article 7. Violations of information and reporting regimes in public investment activities

1. A fine of VND 20.000.000 to VND 30.000.000 for one of the following acts:

a) Failure to report or incomplete or inaccurate reporting on the implementation of programs and projects;

b) Failure to provide or providing incomplete or inaccurate information and documents related to programs and projects.

2. Remedies:

a) Forced to submit a full and accurate report or supplement on the implementation of programs and projects for violations specified in Point a, Clause 1 of this Article;

b) Forced to provide information and documents or supplement complete and accurate information and documents related to programs and projects for violations specified in Point b, Clause 1 of this Article.

Article 8. Violations of public investment program and project design

1. A fine of VND 30.000.000 to VND 50.000.000 for one of the following acts:

a) Designing programs or projects that do not conform to regulations, standards, norms and technical solutions that fail to ensure quality;

b) Design exceeds prescribed regulations, standards and norms.

2. Remedies:

a) Forced adjustment of design in accordance with regulations, standards, norms and technical solutions to ensure quality for violations specified in Point a, Clause 1 of this Article;

b) Forced refund of design costs exceeding regulations and standards for violations specified in Point b, Clause 1 of this Article.

Article 9. Violations of monitoring, evaluation, and inspection of public investment plans, programs, and projects

A fine ranging from VND 20.000.000 to VND 30.000.000 shall be imposed for any of the following violations:

1. Making reports to monitor, inspect, and evaluate plans, programs, and projects that are not honest or objective.

2. Failure to organize monitoring and inspection of plans, programs and projects.

3. Failure to organize initial assessment, mid-term or phase assessment, and final assessment according to regulations; No impact assessment and unscheduled assessment when required.

Article 10. Violations of investment monitoring and evaluation reports

1. A fine of VND 20.000.000 to VND 30.000.000 for one of the following acts:

a) Making reports on investment supervision and evaluation not on time or with incomplete contents as prescribed;

b) Failure to update the Investment Supervision and Evaluation Report on the National Information Portal on Investment Supervision and Evaluation.

2. A fine of VND 30.000.000 to VND 50.000.000 for one of the following acts:

a) Failure to implement periodic investment monitoring and evaluation reports as prescribed;

b) Making dishonest or inaccurate investment monitoring and evaluation reports.

3. Remedies:

a) Forced supplementation of missing content in case the investment supervision and assessment report has incomplete content for violations specified in Point a, Clause 1 of this Article;

b) Force updating the Investment Supervision and Evaluation Report on the National Information Portal on Investment Supervision and Evaluation for violations specified in Point b, Clause 1 of this Article;

c) Enforce the implementation of periodic investment monitoring and evaluation reports according to regulations for violations specified in Point a, Clause 2 of this Article.

Article 11. Violations on the use of public investment capital

1. Fine from 100.000.000 VND to 200.000.000 VND for acts of using public investment capital in excess of prescribed standards and norms.

2. Fine from 200.000.000 VND to 300.000.000 VND for acts of using public investment capital for improper purposes and for the wrong subjects.

3. Remedial measures: Forced return of capital used in excess of standards, norms or used for the wrong purpose, for the wrong subjects for violations specified in Clauses 1 and 2 This.

Article 12. Violations in the field of investment using public investment capital with construction components

For administrative violations in the field of investment using public investment capital with construction components of survey, design, construction supervision, construction, quality management, acceptance, payment and settlement of investment projects, the person with authority to sanction administrative violations in this Decree shall be sanctioned according to the Government's regulations on sanctioning administrative violations in construction activities.

Article 13. Violations on management and implementation of programs and projects funded by Official Development Assistance (ODA) or concessional loans from foreign donors

1. A fine ranging from VND 20.000.000 to VND 30.000.000 shall be imposed for failing to organize the monitoring and evaluation of programs and projects funded by ODA or concessional loans of foreign donors according to regulations.

2. A fine of VND 30.000.000 to VND 50.000.000 for one of the following acts:

a) Implementing programs and projects that do not comply with the contents in the decision on investment policies, decision on investment in programs and projects, decisions on implementation policies, decisions on approval of technical support project documents technical, non-project;

b) Implementing programs and projects behind schedule due to no objective reasons or force majeure events.

Article 14. Violations of the reporting and information provision regime for programs and projects using ODA capital and concessional loans from foreign sponsors

1. Fine from 20.000.000 VND to 30.000.000 VND for non-compliance with the reporting regime on the implementation of programs and projects using ODA capital or concessional loans from foreign sponsors sent to the competent authority.

2. Fines from 30.000.000 VND to 50.000.000 VND for acts of not providing or providing inaccurate information and documents on programs and projects using ODA capital or concessional loans of investors. foreign funding.

3. Remedies:

a) Forced to make a report to the competent state management agency according to the provisions of law for violations specified in Clause 1 of this Article;

b) Forced provision of accurate information and documents about programs and projects for violations specified in Clause 2 of this Article.

Section 2. ADMINISTRATIVE VIOLATIONS IN THE FIELD OF INVESTMENT AND BUSINESS IN VIETNAM, FORMS OF PENALTIES, LEVELS OF PENALTIES AND REMEDIAL MEASURES

Article 15. Violations against regulations on information and reporting on investment activities in Vietnam

1. A fine of VND 20.000.000 to VND 30.000.000 for one of the following acts:

a) Making reports on investment supervision and evaluation not on time or with incomplete contents as prescribed;

b) Failure to implement periodic investment monitoring and evaluation reports as prescribed.

2. A fine of VND 30.000.000 to VND 50.000.000 for one of the following acts:

a) Failure to comply with the regime of reporting investment activities or not reporting on time as prescribed;

b) Untruthful or inaccurate reporting on investment activities;

c) Failure to send notification documents to the investment registration agency where the executive office is located within 07 working days from the date of decision to terminate the operation of the foreign investor's executive office in BCC contract;

d) Failure to send a notice to the investment registration agency within 05 working days from the date of decision to stop operation of the investment project;

d) Failure to notify or send a decision to terminate investment project activities to the investment registration agency within 15 days from the date of termination of investment project activities for the cases specified in Clause 1 of this Article. 48 Article XNUMX of the Investment Law.

3. Remedies:

a) Forced supplementation of missing content in case the investment supervision and assessment report has incomplete content for violations specified in Point a, Clause 1 of this Article;

b) Enforce the implementation of periodic investment monitoring and evaluation reports according to regulations for violations specified in Point b, Clause 1 of this Article;

c) Compulsory implementation of investment activity reporting regime in case of failure to comply with the reporting regime for violations specified in Point a, Clause 2 of this Article;

d) Forced to send a notice or decision to terminate investment project operations to the investment registration agency for violations specified in Points c, d and dd, Clause 2 of this Article.

Article 16. Violations of business investment conditions in Vietnam

1. Fine from 80.000.000 VND to 100.000.000 VND for acts of contributing capital, purchasing shares, or purchasing capital contributions of economic organizations that do not meet the prescribed conditions.

2. A fine of VND 100.000.000 to VND 200.000.000 for one of the following acts:

a) The investor transfers part or all of the investment project that does not meet the prescribed conditions;

b) Foreign investors and economic organizations specified in Points a, b and c, Clause 1, Article 23 of the Investment Law 2020 receive transfer of all or part of investment projects that do not meet the conditions under regulations.

3. Fines from 200.000.000 VND to 300.000.000 VND for acts of conducting business investment activities in industries and occupations banned from business investment according to the provisions of law.

4. Remedial measures: Forcible termination of business investment activities and return of illegal profits obtained from investment in business lines banned from business investment, for violations specified in Clause 3 of this Article. Clause XNUMX of this Article.

Article 17. Violations on the issuance and adjustment of Investment Registration Certificates, Operational Office Registration Certificates of foreign investors in business cooperation contracts (BCC contracts), accepting investment policy approval, investment policy approval concurrent with investor approval, investor approval

1. A fine ranging from VND 50.000.000 to VND 70.000.000 shall be imposed for establishing an Executive Office by a foreign investor in a BCC contract but failing to register it with the investment registration agency where the Registrar's Office is located. onion.

2. A fine of VND 70.000.000 to VND 100.000.000 for one of the following acts:

a) Preparing illegal, dishonest, or inaccurate investment project documents to obtain an Investment Registration Certificate, approval of investment policy, approval of adjustment of investment policy at the same time as approval Investor approval, investor approval;

b) Failure to carry out procedures to adjust the Investment Registration Certificate in case the investment project adjustment changes the content of the Investment Registration Certificate;

c) Failure to carry out procedures for approving investment policy adjustments, approving investment policy adjustments at the same time as approving investors, approving investor adjustments for cases that must be adjusted according to regulations. legal regulations.

3. Remedies:

a) Force the implementation of registration procedures to establish an Executive Office of the foreign investor in the BCC contract for violations specified in Clause 1 of this Article;

b) Force the implementation of procedures to adjust the Investment Registration Certificate for violations specified in Point b, Clause 2 of this Article;

c) Forced implementation of procedures for approving investment policy adjustments, approving investment policy adjustments at the same time as approving investors, approving investor adjustments for violations specified at point c Clause 2 of this Article.

Article 18. Violations of investment incentives

1. Fine from 50.000.000 VND to 70.000.000 VND for inaccurate or dishonest declaration of necessary information to enjoy investment incentives.

In case of violation to enjoy investment incentives in terms of taxes and other budget revenues, they will be handled according to regulations on penalties for administrative violations in the field of tax and relevant laws.

2. Remedial measures: Forced return of illegal profits obtained due to improper investment incentives for violations specified in Clause 1 of this Article.

Article 19. Violations in implementing investment projects in Vietnam

1. A fine of VND 50.000.000 to VND 70.000.000 for one of the following acts:

a) Not making a deposit or not having a bank guarantee on the deposit obligation to ensure the implementation of an investment project that requires the State to allocate land, lease land, or allow change of land use purpose, except In cases where the law provides otherwise;

b) Implementing procedures to ensure the implementation of investment projects within the prescribed time;

c) Increase the project's investment capital without paying an additional deposit or supplementing a deposit guarantee from a credit institution when there is a written additional request from the investment management agency;

d) ｄｅｃｌａｒｅ and prepare documents that are illegal, dishonest, or inaccurate to reduce costs to ensure project implementation.

2. A fine of VND 70.000.000 to VND 100.000.000 for one of the following acts:

a) Failure to comply with the contents of the investment policy approval document, investment policy approval concurrent with investor approval, investor approval, investment registration certificate;

b) Failure to carry out procedures for liquidation of investment projects and financial obligations to the State according to the provisions of law;

c) Cessation of investment projects for a total period of more than 12 months.

3. A fine of VND 100.000.000 to VND 200.000.000 for one of the following acts:

a) Implementing the project before being granted an Investment Registration Certificate or investment policy approval, investment policy approval concurrent with investor approval, investor approval;

b) Do not stop operating after the competent authority decides to stop or partially stop the operation of the investment project.

4. Remedies:

a) Forced to pay additional project implementation security in accordance with the law for violations specified in Point c, Clause 1 of this Article;

b) Forced to return illegal profits obtained due to illegal, dishonest and inaccurate declaration and documentation for violations specified in Point d, Clause 1 of this Article;

c) Forced implementation of procedures for liquidation of investment projects and financial obligations for violations specified in Point b, Clause 2 of this Article;

d) Forced to continue implementing the investment project according to the schedule specified in the Investment Registration Certificate, investment policy approval document, investment policy approval document concurrent with investor approval or terminate the operation of the investment project for violations specified in Point c, Clause 2 of this Article;

d) Compulsory implementation of procedures for issuance of Investment Registration Certificate, investment policy approval simultaneously with investor approval, investor approval for violations specified in Point a, Clause 3, Article This.

Section 3. ADMINISTRATIVE VIOLATIONS IN THE FIELD OF BUSINESS INVESTMENT FROM VIETNAM TO OVERSEAS, FORMS OF PENALTIES, LEVELS OF PENALTIES AND REMEDIAL MEASURES

Article 20. Violation of the regime of reporting overseas investment activities

1. A fine of VND 20.000.000 to VND 30.000.000 for one of the following acts:

a) Failure to comply with the reporting regime on overseas investment activities or reporting with incomplete content and without accompanying documents as prescribed;

b) Failure to update or updating incomplete, inaccurate, or timely information to the National Investment Information System;

c) Preparing investment monitoring and evaluation reports not on time or with incomplete content as prescribed;

d) Failure to implement periodic investment monitoring and evaluation reports as prescribed.

2. Remedies:

a) Enforce the reporting regime or add contents and documents to the report on outward investment activities, for violations specified at Point a, Clause 1 of this Article;

b) Force to update information or update complete and accurate information to the National Investment Information System for violations specified in Point b, Clause 1 of this Article;

c) Forced supplementation of missing content in case the investment supervision and assessment report has incomplete content for violations specified in Point c, Clause 1 of this Article;

d) Forced implementation of investment monitoring and evaluation reporting regime according to regulations for violations specified in Point d, Clause 1 of this Article.

Article 21. Violations of procedures for investing abroad

1. Fine from 20.000.000 VND to 30.000.000 VND for failure to update the National Investment Information System with changes after 01 month has passed since the initial project date. Outward investment with changed content is not subject to adjustment of the Certificate of outward investment registration.

2. A fine of VND 50.000.000 to VND 70.000.000 for one of the following acts:

a) Prepare documents that are illegal, dishonest, or inaccurate to obtain an Outward Investment Registration Certificate;

b) Using profits earned from investment projects abroad to carry out other investment projects abroad but not carrying out procedures to obtain a Certificate of investment registration abroad for the investment project there;

c) Vietnamese investors use their shares, capital contributions or investment projects in Vietnam to pay or exchange for the purchase of shares, capital contributions or investment projects of economic organizations in Vietnam. foreign countries but do not carry out the procedures for granting the Certificate of investment registration abroad as prescribed;

d) Failure to carry out procedures to adjust the Certificate of outward investment registration in cases where adjustment is required by law;

d) Failure to carry out procedures to terminate the validity of the Certificate of Outward Investment Registration in cases where termination is required by law;

e) Vietnamese investors carry out procedures for issuance of Certificate of investment registration abroad after foreign investors carry out investment procedures in Vietnam in case Vietnamese investors use shares, capital contributions or investment projects of foreign investors in Vietnam to pay or exchange for the purchase of shares, capital contributions or investment projects of economic organizations abroad.

3. Fine from 100.000.000 VND to 200.000.000 VND for investing abroad without being granted a Certificate of registration of overseas investment according to regulations.

4. A fine ranging from VND 200.000.000 to VND 300.000.000 shall be imposed for investing abroad in sectors and trades banned from offshore investment.

5. Remedies:

a) Force updating the changed contents of the Certificate of Outward Investment Registration to the National Investment Information System for violations specified in Clause 1 of this Article;

b) Compulsory implementation of procedures for granting an Outward Investment Registration Certificate for violations specified in Points b and c, Clause 2 of this Article;

c) Force the implementation of procedures to adjust the Certificate of outward investment registration for violations specified in Point d, Clause 2 of this Article;

d) Forcible implementation of procedures for invalidation of the certificate of outward investment registration, for violations specified at Point dd, Clause 2 of this Article;

d) Compulsory implementation of procedures for issuance of Certificate of outward investment registration for violations specified in Clause 3 of this Article;

e) Forced termination of investment activities abroad and return of illegal profits obtained from investing abroad in prohibited investment sectors and occupations for violations specified in Clause 4 of this Article.

Article 22. Violations against offshore investment activities

1. Fine from 70.000.000 VND to 100.000.000 VND for failure to comply with the contents of overseas investment activities stated in the Certificate of registration of overseas investment.

2. A fine of VND 100.000.000 to VND 200.000.000 for one of the following acts:

a) Failure to comply with regulations on transferring profits and income from overseas investments to Vietnam according to regulations.

In case there is a violation of tax law, it will be handled according to regulations on sanctioning administrative violations in the tax field;

b) Failure to comply with regulations on transferring capital, legal assets and all proceeds from liquidation of investment projects to Vietnam after completing investment activities abroad.

In case there is a violation of tax law, it will be handled according to regulations on sanctioning administrative violations in the tax field.

3. Remedies:

a) Forced transfer of profits and other income from overseas investments to Vietnam for violations specified in Point a, Clause 2 of this Article;

b) Forced transfer of capital, legal assets and all proceeds from liquidation of investment projects to Vietnam for violations specified in Point b, Clause 2 of this Article.

Section 4. ADMINISTRATIVE VIOLATIONS IN THE FIELD OF INVESTMENT BY THE PARTNERSHIP MODEPUBLIC PRIVATE (PPP), FORMS OF PENALTIES, LEVELS OF PENALTIES AND REMEDIAL MEASURES

Article 23. Violations of information and reporting regime in PPP investment activities

1. A fine of VND 20.000.000 to VND 30.000.000 for one of the following acts:

a) Providing incomplete or inaccurate information and documents related to the PPP project;

b) Failure to report or incomplete or inaccurate reporting on the implementation of investment activities under the PPP method;

c) Implementing reports on supervision and investment evaluation of PPP projects not on time or with incomplete content as prescribed;

d) Failure to periodically report on monitoring and evaluating investment in PPP projects as prescribed.

2. Remedies:

a) Forced to provide complete and accurate information and documents related to PPP projects for violations specified in Point a, Clause 1 of this Article;

b) Compulsory reporting or supplementing full and accurate content of investment activities under the PPP method for violations specified in Point b, Clause 1 of this Article;

c) Forced supplementation of missing content in case the investment supervision and assessment report has incomplete content for violations specified in Point c, Clause 1 of this Article;

d) Forced implementation of investment monitoring and evaluation reports according to regulations for violations specified in Point d, Clause 1 of this Article.

Article 24. Violations of posting information about PPP projects

1. A fine of VND 20.000.000 to VND 30.000.000 for one of the following acts:

a) Delay in posting information on the National Bidding Network System, on the website (if any) of the competent authority compared to the deadline according to legal regulations on PPP;

b) Posting information about PPP projects with incomplete or incorrect content as approved.

2. Fine from 30.000.000 VND to 50.000.000 VND for failure to post information about PPP projects.

3. Remedies:

a) Forced posting of complete information about the PPP project, with the correct approved content, for violations specified in Point b, Clause 1 of this Article;

b) Forced posting of information about PPP projects for violations specified in Clause 2 of this Article.

Article 25. Violations for PPP projects with construction components

Violations related to survey work, design, construction supervision, construction, quality management, acceptance, payment, and settlement of subprojects with construction components shall be The authority to sanction administrative violations in this Decree is sanctioned according to the Government's regulations on sanctioning administrative violations in construction activities.

Article 26. Violations of Pre-Feasibility Study Report and PPP Project Feasibility Study Report

1. A fine of VND 20.000.000 to VND 30.000.000 for one of the following acts:

a) Failure to comply with the order and procedures for preparing the pre-feasibility study report, investment policy decision, feasibility study report, decision on approval of the PPP project;

b) Failure to comply with the order and procedures for adjusting investment policies for PPP projects;

c) Adjusting the feasibility study report does not fall into one of the cases adjusted according to regulations.

2. A fine of VND 30.000.000 to VND 50.000.000 for one of the following acts:

a) Estimating, paying, and finalizing the costs of preparing the Pre-Feasibility Study Report or Feasibility Study Report at incorrect unit prices and norms as prescribed;

b) Preparing a pre-feasibility study report or feasibility study report that is not consistent with the national socio-economic development strategy and plan and related planning according to the provisions of law on regulations. plan.

3. Remedies:

a) Forced refund of increased costs after payment, settlement of costs for preparation of Pre-Feasibility Study Report, Feasibility Study Report at incorrect unit prices and norms for violations of regulations specified in Point a, Clause 2 of this Article;

b) Forced to adjust the Pre-Feasibility Study Report, Feasibility Study Report in accordance with the strategy, socio-economic development plan and relevant planning for violations specified at point b Clause 2 of this Article.

Article 27. Violations of PPP project investor selection

1. A fine of VND 20.000.000 to VND 30.000.000 for one of the following acts:

a) Failure to comply with the investor selection process as prescribed;

b) Prepare, appraise and approve dossiers of invitation for pre-qualification, dossiers of invitation for negotiation, dossiers of invitation for bids and dossiers of requirements in investor selection which do not conform to regulations on eligibility of investors. , incentives in investor selection;

c) The content of the prequalification documents, negotiation documents, bidding documents, and request documents do not comply with the provisions of law on PPP;

d) Failure to state or incompletely or incorrectly stating the address for issuing pre-qualification documents, negotiation documents, bidding documents, and request documents in the pre-qualification notice or bidding notice;

d) Amend and clarify pre-qualification documents, negotiation documents, bidding documents, request documents but do not notify as prescribed;

e) Failure to receive or receive and manage prequalification applications, negotiation invitation documents, or bidding documents from investors in contravention of regulations;

g) Failing to release the bidding documents, bidding documents, and requirements to investors at the time and place stated in the invitation to bid;

h) Failure to close or open bids according to the time specified in the bidding documents, bidding notice, or bidding invitation letter.

2. A fine of VND 30.000.000 to VND 50.000.000 for one of the following acts:

a) Appraisal and approval of dossiers of invitation for pre-qualification, dossiers of invitation for negotiation, bidding dossiers and dossiers of requirements are not within competence;

b) State the conditions to limit the participation of investors or create advantages for one or several investors, causing unfair competition;

c) Failing to evaluate the investor's application for pre-qualification, negotiation participation, and bid dossier at the request of the pre-qualification invitation, negotiation invitation, or bid invitation;

d) Submitting, appraising, approving and publicizing the short list and investor selection results with incomplete content, inaccurate content, and not within authority;

dd) Failure to perform or guarantee the performance of a PPP project contract in contravention of law.

3. Fine from 50.000.000 VND to 70.000.000 VND for evaluating the investor's bid dossier not in accordance with the approved evaluation standards in the bidding dossier but does not change the selection result. Choose investors.

4. Fine from 100.000.000 VND to 150.000.000 VND for evaluating bids and proposals that do not comply with the approved evaluation standards in the bidding documents or request documents, leading to change the results of investor selection.

5. Remedial measures: Force the implementation of measures to ensure contract performance according to regulations for violations specified in Point dd, Clause 2 of this Article.

Article 28. Other violations in selecting investors to implement PPP projects

1. A fine of VND 20.000.000 to VND 30.000.000 for one of the following acts:

a) Failure to store or incompletely store records and documents during the investor selection process;

b) Failure to comply with time regulations during the investor selection process.

2. A fine of VND 30.000.000 to VND 50.000.000 for one of the following acts:

a) Return or release bid security to investors within the prescribed time limit;

b) Establishing an expert group with insufficient members according to the nature and complexity of the project and not meeting the prescribed standards and conditions;

c) Individuals participating in bidding activities but do not have a bidding training certificate or a bidding practice certificate according to the provisions of bidding law.

Article 29. Violations of project contracts and PPP project enterprises

1. Fine from 20.000.000 VND to 30.000.000 VND for making PPP project contracts with incomplete content according to regulations.

2. A fine of VND 30.000.000 to VND 50.000.000 for one of the following acts:

a) Do not establish a PPP project enterprise under the model of a limited liability company or a joint stock company that is not a public company, with the sole purpose of signing and implementing a PPP project contract;

b) Issuing corporate bonds not in accordance with the law.

Article 30. Violations of investment incentives in the PPP sector

1. Fine from 50.000.000 VND to 70.000.000 VND for dishonest and inaccurate declaration of necessary information to enjoy investment incentives.

In case of violation to enjoy investment incentives in terms of taxes and other budget revenues, they will be handled according to regulations on penalties for administrative violations in the field of tax and relevant laws.

2. Remedial measures: Forced return of illegal profits obtained due to improper investment incentives for violations specified in Clause 1 of this Article.

Article 31. Violations of PPP project implementation

1. Fine from 20.000.000 VND to 30.000.000 VND for failure to promulgate regulations on investor selection for uniform application according to regulations.

2. A fine of VND 30.000.000 to VND 50.000.000 for one of the following acts:

a) Transfer of project works that do not meet the prescribed conditions and procedures;

b) Delay in finalizing project construction investment capital.

3. A fine of VND 50.000.000 to VND 100.000.000 for one of the following acts:

a) Implementing construction without signing a contract;

b) Allowing fee collection without confirmation of project completion.

4. Remedies:

a) Forcible promulgation of regulations on investor selection for uniform application to the violations specified in Clause 1 of this Article;

b) Forcible settlement of work construction investment capital in case the settlement has not yet been made, for the violations specified at Point b, Clause 2 of this Article;

c) Forced to return illegal profits obtained from collecting fees without confirmation of construction completion for violations specified in Point b, Clause 3 of this Article.

Chapter III

ADMINISTRATIVE VIOLATIONS IN THE BIDDING FIELD, FORMS OF PENALTIES, LEVELS OF PENALTIES AND REMEDIAL MEASURES

Section 1. ADMINISTRATIVE VIOLATIONS IN THE FIELD OF BIDDING AND CONTRACTOR SELECTION, FORMS OF PENALTIES, LEVELS OF PENALTIES AND REMEDIAL MEASURES

Article 32. Violations of contractor selection plan

1. A fine of VND 20.000.000 to VND 30.000.000 for one of the following acts:

a) Failure to implement or improper implementation of the order, procedures and authority in the process of preparing, appraising and approving the contractor selection plan or contractor selection plan adjusted according to the provisions of law on Bidding;

b) Prepare, appraise, and approve a contractor selection plan with incomplete content or incomplete basis according to the provisions of law on bidding;

c) Failure to prepare, appraise, and approve a contractor selection plan for the entire project or estimate when qualified to prepare a contractor selection plan for that entire project or estimate.

2. A fine ranging from VND 30.000.000 to VND 50.000.000 shall be imposed for applying the method of contractor selection, the form of contractor selection and the type of contract which is not suitable to the size and nature of the bidding package.

3. A fine of VND 50.000.000 to VND 70.000.000 for one of the following acts:

a) Organize contractor selection when the contractor selection plan has not been approved, except in the case of appointing contractors for bidding packages that need to be implemented to immediately fix or promptly handle consequences caused by incidents. majeure; The bidding package needs to be deployed immediately to avoid causing direct harm to the lives, health and property of the local community or to not seriously affect adjacent projects; Bidding packages for purchasing drugs, chemicals, supplies, and medical equipment to deploy disease prevention and control in urgent cases;

b) Dividing projects and cost estimates into bidding packages that do not meet the requirements of technical characteristics, implementation order, and uniformity of the project, leading to reduced competitiveness in bidding or to avoid application Select contractors online.

Article 33. Violations in preparation, appraisal, and approval of invitation for expression of interest documents, prequalification documents, bidding documents, and request for proposals

1. A fine of VND 20.000.000 to VND 30.000.000 for one of the following acts:

a) Issuing the dossier of invitation for expression of interest, dossier of invitation for pre-qualification, bidding dossier, dossier of requirements but failing to prepare, appraise and approve according to regulations;

b) Failure to organize appraisal of the request for expression documents, pre-qualification documents, bidding documents, and request documents according to the provisions of law on bidding before approval.

2. A fine of VND 30.000.000 to VND 50.000.000 for one of the following acts:

a) Appraisal and approval of invitation for expression of interest documents, invitation for pre-qualification documents, bidding documents, and request documents without proper authority;

b) State the conditions to limit the participation of contractors or create advantages for one or several contractors, causing unfair competition;

c) Criteria for evaluating the request for expression of interest documents, prequalification documents, bidding documents, and request documents are not consistent with the scale and technical nature of the bidding package;

d) Require the contractor to submit the manufacturer's sales license or partnership certificate or other document of equivalent value to a sales license for common, common, and available goods on the Internet. market, has been standardized and is warranted according to the manufacturer's regulations.

3. A fine of VND 50.000.000 to VND 70.000.000 for one of the following acts:

a) The contents of bidding documents and request documents are not consistent with the approved contractor selection plan;

b) Issuing bidding documents and request documents when the prescribed conditions are not met.

Article 34. Violations of organization of contractor selection and evaluation of expressions of interest, prequalification applications, bidding documents, and proposals

1. A fine of VND 20.000.000 to VND 30.000.000 for one of the following acts:

a) Failing to state, incompletely or incorrectly stating the address for issuing the request for expression of interest documents, invitation for pre-qualification documents, bidding documents, and request documents in the notice of invitation for expression of interest, notice of invitation for pre-qualification , notice of invitation to offer, notice of invitation to bid, letter of invitation to bid;

b) Amend and clarify the bidding documents and request documents but do not send the decision to amend the revised content to contractors who have purchased or received the bidding documents and request documents according to regulations. of the law on bidding;

c) Failure to send notification of technical proposal evaluation results or notification that does not clearly state or has incomplete content according to regulations of law on bidding;

d) Failure to receive or receive and manage documents of interest, applications, bids, or proposals of contractors in contravention of legal regulations on bidding;

d) Failure to issue invitation for expression of interest documents, invitation for pre-qualification documents, invitation for bid documents, and documents of requirements to contractors at the right time and place stated in the notice of invitation for expression of interest, notice of invitation for bids, or notice of invitation for bids. notice inviting offers;

e) Return or release the bid security to the contractor within the prescribed time limit.

2. A fine of VND 30.000.000 to VND 50.000.000 for one of the following acts:

a) Do not extend the bid closing time when amending the request for expression documents, prequalification documents, bidding documents, and request documents do not meet the prescribed time;

b) Failure to close or open bids according to the time specified in the bidding documents and bidding notice;

c) Failure to send bid opening records to participating contractors;

d) Submitting, appraising, approving and publicizing contractor selection results with incomplete content, inaccurate content, or not within authority.

3. A fine of VND 50.000.000 to VND 70.000.000 for one of the following acts:

a) Failure to organize appraisal of the list of contractors that meet technical requirements in case of applying the one-stage, two-envelope method, or the two-stage, two-envelope method;

b) Failure to organize appraisal of contractor selection results before approval;

c) Failure to clarify or request additional documents proving the contractor's eligibility, capacity and experience but does not change the evaluation results for the contractor;

d) Evaluating bids and proposals of contractors that do not comply with the approved evaluation standards in the bidding documents, request documents, and legal regulations on bidding but does not change the results contractor selection.

4. A fine of VND 100.000.000 to VND 150.000.000 for one of the following acts:

a) Evaluating bids and proposals of contractors that do not comply with the approved evaluation standards in the bidding documents, request documents, and legal regulations on bidding, leading to changes in the selection results. selecting contractors;

b) Failure to clarify or request additional documents proving the contractor's eligibility, capacity and experience, leading to changes in the evaluation results for the contractor;

c) Allowing contractors to clarify and supplement contents of bids and proposals that do not comply with regulations, changing the nature of bids and proposals, leading to changes in the selection results contractors.

Article 35. Violations of contract negotiation, notification of contractor selection results and contracts

1. A fine of VND 20.000.000 to VND 30.000.000 for one of the following acts:

a) Failure to negotiate a contract or negotiate a contract that does not ensure the principles or content prescribed by the law on bidding;

b) Failure to send notification of contractor selection results to all participating contractors;

c) Notification of contractor selection results is incomplete or does not have the correct content according to the provisions of the law on bidding.

2. A fine of VND 30.000.000 to VND 50.000.000 for one of the following acts:

a) Not requiring the winning bidder to submit a contract performance guarantee according to regulations or having a contract performance guarantee but not in accordance with regulations;

b) Do not confiscate the contract performance security when the contractor is in a situation where the bid security or contract performance guarantee cannot be returned.

3. A fine of VND 50.000.000 to VND 70.000.000 for one of the following acts:

a) Sign the contract before approving the contractor selection results;

b) Implement the bidding package before signing the contract.

4. Remedial measures: Force the winning bidder to submit a contract performance guarantee in accordance with regulations for violations specified in Point a, Clause 2 of this Article.

Article 36. Violations against posting information in bidding

1. Fine from 15.000.000 VND to 20.000.000 VND for non-compliance with regulations on deadlines for providing and posting information about bidding according to the provisions of law on bidding.

2. A fine of VND 20.000.000 to VND 30.000.000 for one of the following acts:

a) Failure to post or posting incomplete content of the bidding documents;

b) Posting bidding documents inconsistent with the approved content.

3. Fine from 30.000.000 VND to 50.000.000 VND for failure to provide or post bidding information according to the provisions of law on bidding.

Article 37. Violation of prohibitions in bidding

Fine from 200.000.000 VND to 300.000.000 VND for one of the following acts that are not crimes as prescribed in Article 222 of the Penal Code:

1. Illegal interference in bidding activities.

2. Bid collusion.

3. Fraud in bidding.

4. Obstructing bidding activities.

5. Violation of legal regulations on ensuring fairness and transparency in bidding activities.

6. Organize contractor selection when the capital source for the bidding package has not been determined, leading to outstanding capital debt of the contractor.

7. Illegal transfer of tenders.

Article 38. Other violations of bidding

1. A fine of VND 20.000.000 to VND 30.000.000 for one of the following acts:

a) Failure to store or incompletely store records and documents during the contractor selection process in contravention of legal regulations on bidding;

b) Failure to comply with time regulations during the contractor selection process according to the law on bidding;

c) Failure to periodically report on the status of bidding work according to legal regulations on bidding;

d) Failure to provide, incomplete provision or untimely provision of information, records and documents on bidding work to serve the inspection, examination, monitoring and supervision of bidding activities contractor.

2. A fine of VND 30.000.000 to VND 50.000.000 for one of the following acts:

a) Individuals participating in bidding activities but do not have a bidding training certificate or a bidding practice certificate according to the provisions of bidding law;

b) Individuals participating in the expert group or organization evaluating the contents of the bidding but do not have a written commitment according to the provisions of the law on bidding;

c) Do not organize online bidding for bidding packages that are eligible for online bidding according to the prescribed roadmap.

3. A fine of VND 50.000.000 to VND 100.000.000 for one of the following acts:

a) Organizing basic bidding training does not ensure the program content and training duration according to the provisions of the law on bidding;

b) Exploit and use bidding information and accompanying documents on the National Bidding Network System in any form and by any means without permission from the Ministry of Planning and Investment, Organize the operation of the National Bidding Network System, except for information in the list of open databases as prescribed.

Section 2. ADMINISTRATIVE VIOLATIONS IN THE FIELD OF BIDDING FOR SELECTING INVESTORS TO IMPLEMENT INVESTMENT PROJECTS USING LAND, FORMS OF PENALTIES, LEVELS OF PENALTIES AND REMEDIAL MEASURES

Article 39. Violations of making and approving lists of investment projects using land

A fine ranging from VND 20.000.000 to VND 30.000.000 shall be imposed for making and approving a list of investment projects using land that do not satisfy the conditions for projects using land as prescribed by law on bidding. .

Article 40. Violations of bidding documents and request documents

1. A fine of VND 20.000.000 to VND 30.000.000 for one of the following acts:

a) Issuing bidding documents and request documents when the prescribed conditions are not met;

b) Failure to prepare, appraise, and approve bidding documents and request documents before organizing investor selection;

c) Appraising and approving bidding documents and request documents without proper authority;

d) Prepare, appraise, and approve bidding documents and request documents in investor selection that do not comply with regulations on investor eligibility, incentives in investor selection, and standards profile evaluation;

d) Approving bidding documents and request documents that are not consistent with the approved investor selection plan.

2. Fine from 30.000.000 VND to 50.000.000 VND for acts of stating conditions to limit the participation of investors or create advantages for one or several investors, causing unfair competition. class.

Article 41. Violations of organization of investor selection and evaluation of bids and proposals

1. A fine of VND 20.000.000 to VND 30.000.000 for one of the following acts:

a) Failure to state or incompletely or incorrectly stating the address for issuance of bidding documents and request documents in the bidding notice or invitation to bid;

b) Modify and clarify bidding documents and request documents but do not notify as prescribed;

c) Failure to receive or receive or manage bids and proposals from investors in contravention of regulations;

d) Failure to issue bidding documents and request documents to investors at the right time and place stated in the bidding notice;

d) Failure to evaluate bids and proposals of investors according to regulations;

e) Failure to notify investor selection results.

2. A fine of VND 30.000.000 to VND 50.000.000 for one of the following acts:

a) Failure to close or open bids according to the time specified in the bidding documents and bidding notice;

b) Failure to send bid opening records to investors participating in the bid;

c) Submitting, appraising, approving and publicizing the short list and investor selection results with incomplete content, inaccurate content, and not within authority;

d) Submit, appraise, and approve investor selection results that are not consistent with the investor selection plan.

3. A fine of VND 50.000.000 to VND 70.000.000 for one of the following acts:

a) Evaluating bid documents and proposals of investors does not comply with the approved evaluation standards in the bidding documents and request documents but does not change the investor selection result;

b) Allow investors to clarify the content of eligibility, capacity, and experience but does not change the nature of the investor's eligibility, capacity, and experience participating in the bidding ;

c) Failure to organize appraisal of investor selection results before approval;

d) Failure to organize appraisal of the short list or list of investors that meet technical requirements.

4. A fine of VND 70.000.000 to VND 100.000.000 for one of the following acts:

a) Selecting an investor that does not meet the prescribed conditions;

b) Appoint investors to carry out investment projects using land when the prescribed conditions are not met.

5. A fine of VND 100.000.000 to VND 150.000.000 for one of the following acts:

a) Evaluating bid documents and proposals of investors does not comply with the approved evaluation standards in the bidding documents and request documents, leading to changes in the investor selection results;

b) Allow investors to clarify the contents of eligibility, capacity, and experience leading to changes in the nature of eligibility, capacity, and experience of investors participating in the bidding .

Article 42. Violation of investor selection contract

1. A fine of VND 20.000.000 to VND 30.000.000 for one of the following acts:

a) Failure to conduct preliminary contract negotiations in investor selection;

b) Signing a contract with content inconsistent with the investor selection plan.

2. A fine of VND 50.000.000 to VND 70.000.000 for one of the following acts:

a) Sign the contract before approving the investor selection results;

b) Implement construction before signing the contract.

Chapter IV

ADMINISTRATIVE VIOLATIONS IN THE FIELD OF BUSINESS REGISTRATION, FORMS OF PENALTIES, LEVELS OF PENALTIES AND REMEDIAL MEASURES

Article 43. Violations of declaration of business registration documents

Fine from 20.000.000 VND to 30.000.000 VND for acts of dishonestly and inaccurately declaring the content of business registration documents or applications for changing the content of business registration to be granted a Certificate. Certificate of business registration, Certificate of change in business registration content.

Article 44. Violations of the time limit for registering changes to the content of the Business Registration Certificate

1. A warning for violations of the time limit for registration of changes in contents of the Certificate of Business registration, registration for changes in operation registration contents of branches, representative offices or business locations past the deadline. specified period from 01 day to 10 days.

2. A fine ranging from VND 3.000.000 to VND 5.000.000 shall be imposed for violations of the time limit for registration of changes in contents of the Certificate of Business registration, registration for changes in operation registration contents of branches or offices. representative offices, business locations beyond the prescribed time limit from 11 days to 30 days.

3. A fine ranging from VND 5.000.000 to VND 10.000.000 shall be imposed for violations of the time limit for registration of changes in contents of the Certificate of Business registration, registration for changes in operation registration contents of branches or offices. representative offices, business locations beyond the prescribed time limit from 31 days to 90 days.

4. A fine ranging from VND 10.000.000 to VND 20.000.000 shall be imposed for violations of the time limit for registration of changes in the contents of the Certificate of Business Registration, for registration of changes in the contents of the operation registration of the branch or office. representative offices, business locations beyond the prescribed time limit by 91 days or more.

5. A fine ranging from VND 20.000.000 to VND 30.000.000 shall be imposed for failure to register changes in the contents of the Certificate of Business registration, or to register for changes in the operation registration contents of the branch or representative office. , place of business.

6. Remedies:

a) Compulsory registration of changes to the content of the Business Registration Certificate, registration of changes to the registration of operations of branches, representative offices, and business locations for violations specified in Clause 1 , Clause 2, Clause 3 and Clause 4 of this Article in case the changes have not been registered according to regulations;

b) Compulsory registration of changes to the content of the Business Registration Certificate, registration of changes to the registration of operations of branches, representative offices, and business locations for violations specified in Clause 5 This.

Article 45. Violations of publication of business registration contents

1. A fine of VND 10.000.000 to VND 15.000.000 for one of the following acts:

a) Failure to publicly announce the business registration content on the National Business Registration Portal;

b) Publicly announcing the business registration content on the National Business Registration Portal without the prescribed deadline.

2. Remedial measures: Force notification of business registration content on the National Business Registration Portal for violations specified in Point a, Clause 1 of this Article.

Article 46. Violations of business establishment

1. Fine from 10.000.000 VND to 20.000.000 VND for acts of not ensuring the number of members and shareholders according to regulations.

2. A fine of VND 20.000.000 to VND 30.000.000 for one of the following acts:

a) Contributing capital to establish an enterprise or registering capital contribution, purchasing shares, repurchasing capital contributions at other economic organizations not in the correct form as prescribed by law;

b) Do not have the right to contribute capital, buy shares, or contribute capital but still do it.

3. A fine of VND 30.000.000 to VND 50.000.000 for one of the following acts:

a) Failure to carry out procedures for adjusting capital or changing members or founding shareholders according to regulations at the business registration agency after the end of the capital contribution period and the end of the time for adjusting capital due to members and shareholders. The founding shareholders do not contribute enough capital but no members or founding shareholders have made their capital contribution commitments;

b) Intentionally valuing assets contributed as capital at an incorrect value.

4. A fine of VND 50.000.000 to VND 100.000.000 for one of the following acts:

a) Doing business in the form of an enterprise without registration;

b) Continuing to do business when the Business Registration Certificate has been revoked or has been requested by a competent state agency to temporarily suspend business, suspend operations, or terminate business.

In case there is a violation of tax law, it will be handled according to regulations on sanctioning administrative violations in the tax field.

5. Remedies:

a) Force change of capital contributing members, purchase of shares, capital contributions for violations specified in Point b, Clause 2 of this Article;

b) Forced implementation of capital adjustment procedures or change of members or founding shareholders for violations specified in Point a, Clause 3 of this Article;

c) Forced registration of enterprise establishment for violations specified in Point a, Clause 4 of this Article.

Article 47. Violations of charter capital declaration

1. Fine from 20.000.000 VND to 30.000.000 VND for false declaration of charter capital worth less than 10 billion VND.

2. Fine from 30.000.000 VND to 40.000.000 VND for false declaration of charter capital valued from 10 billion VND to less than 20 billion VND.

3. Fine from 40.000.000 VND to 60.000.000 VND for false declaration of charter capital valued from 20 billion VND to less than 50 billion VND.

4. Fine from 60.000.000 VND to 80.000.000 VND for false declaration of charter capital valued from 50 billion VND to less than 100 billion VND.

5. Fine from 80.000.000 VND to 100.000.000 VND for false declaration of charter capital valued at 100 billion VND or more.

6. Remedial measures: Forced registration of charter capital adjustment equal to the actual contributed capital for violations specified in Clause 1, Clause 2, Clause 3, Clause 4 and Clause 5 of this Article.

Article 48. Violations of the reporting regime and implementation of requirements of the business registration agency

1. A fine of VND 10.000.000 to VND 15.000.000 for one of the following acts:

a) Failing to report or failing to report on time at the request of the business registration agency;

b) Report with incomplete or inaccurate content as required by the business registration agency.

2. A fine of VND 15.000.000 to VND 20.000.000 for one of the following acts:

a) Continue doing business in conditional business lines when there is a temporary suspension request from the business registration agency;

b) Failure to register a change of enterprise name at the request of the business registration agency in cases where the enterprise has a name that infringes industrial property rights.

3. Remedies:

a) Forced to send a report to the business registration agency in case of failure to report violations specified in Point a, Clause 1 of this Article;

b) Forcible addition of complete and accurate content to the report sent to the business registration agency for violations specified in Point b, Clause 1 of this Article;

c) Forced change of business name or forced removal of infringing elements in the business name for violations specified in Point b, Clause 2 of this Article.

Article 49. Violations of notification of changes in business registration content

1. Warning for violations of the time limit for notification of changes in business registration content from 01 day to 10 days.

2. Fine from 3.000.000 VND to 5.000.000 VND for violating the notice period for changing business registration content from 11 days to 30 days.

3. Fine from 5.000.000 VND to 10.000.000 VND for violating the notice period for changing business registration content from 31 days to 90 days.

4. Fine from 10.000.000 VND to 20.000.000 VND for violations of the notice period for changing business registration content of 91 days or more.

5. Fine from 20.000.000 VND to 30.000.000 VND for failure to notify changes in business registration content according to regulations.

6. Remedies:

a) Forced notification to the business registration agency for violations specified in Clauses 1, 2, 3 and 4 of this Article in cases where changes have not been notified according to regulations;

b) Forced to send a notice to the business registration agency for violations specified in Clause 5 of this Article.

Article 50. Violation of other notification obligations

1. A fine of VND 10.000.000 to VND 15.000.000 for one of the following acts:

a) Failing to notify or notifying on time to the business registration office or tax authority about the lease of the enterprise to the private enterprise.

In case there is a violation of tax law, it will be handled according to regulations on sanctioning administrative violations in the tax field;

b) Failure to notify or not notify on time to the business registration agency where the enterprise is headquartered when there is a change in information about the authorized representative of the owner or member of the liability company. Limited means an organization or company;

c) Failure to notify or not notify on time to the business registration agency about the time and duration of business suspension or resumption.

2. Remedies:

a) Force notification of private enterprise leasing to the business registration agency and tax agency in case of failure to notify for violations specified in Point a, Clause 1 of this Article;

b) Forced notification of changes in information about the authorized representative of the owner or member of a limited liability company that is an organization or company to the business registration agency in case of failure to notify for violations specified in Point b, Clause 1 of this Article;

c) Forcible notification of the time and duration of business suspension or resumption to the business registration office in case of failure to notify, for violations specified at Point c, Clause 1 of this Article.

Article 51. Violations regarding legal representatives and authorized representatives of enterprises

1. A fine of VND 20.000.000 to VND 30.000.000 for one of the following acts:

a) There is no legal representative residing in Vietnam;

b) Failure to authorize another person in writing to act as a representative or a written authorization that has expired but is not renewed when the sole legal representative of the enterprise exits Vietnam;

c) The authorized representative does not meet the prescribed standards;

d) Authorization exceeds the maximum number of authorized persons as prescribed by law.

2. Remedies:

a) Compulsory registration of a person residing in Vietnam as a representative of the enterprise for violations specified in Point a, Clause 1 of this Article;

b) Forced authorization of another person to act as representative for violations specified in Point b, Clause 1 of this Article;

c) Forced change of representative who meets the prescribed standards for violations specified in Point c, Clause 1 of this Article.

Article 52. Other violations related to enterprise organization and management

1. A fine of VND 20.000.000 to VND 30.000.000 for one of the following acts:

a) Appoint people who do not have the right to manage the enterprise to hold enterprise management positions;

b) Appoint a person who does not meet the qualifications and conditions to be the Director (General Director).

2. A fine of VND 30.000.000 to VND 50.000.000 for one of the following acts:

a) Failure to issue capital contribution certificates to company members;

b) Failure to prepare a member registration book or shareholder registration book to issue shares;

c) Do not attach the enterprise name at the head office, do not write or attach the name of the branch, representative office, or business location at the branch headquarters, representative office, or business location;

d) Do not store documents at the headquarters or other locations specified in the company charter.

3. Remedies:

a) Force the dismissal of the management position of a person who does not have the right to manage the enterprise for violations specified in Point a, Clause 1 of this Article;

b) Force dismissal of the position of Director (General Director) for people who do not meet the standards and conditions for violations specified in Point b, Clause 1 of this Article;

c) Forced issuance of capital contribution certificates to company members according to regulations for violations specified in Point a, Clause 2 of this Article;

d) Compulsory establishment of a member registration book and shareholder registration book according to regulations for violations specified in Point b, Clause 2 of this Article;

d) Forcing the enterprise's name to be attached to the head office, writing or attaching the name of the branch, representative office, or business location for violations specified in Point c, Clause 2 of this Article.

Article 53. Violations of the Control Board

1. A fine ranging from VND 20.000.000 to VND 30.000.000 shall be imposed for organizing the Control Board improperly or with insufficient composition as prescribed.

2. A fine of VND 30.000.000 to VND 50.000.000 for one of the following acts:

a) Do not establish a Control Board in cases where a Control Board must be established;

b) Appointing people who do not meet the qualifications and conditions to be Head of the Control Board or Controller.

3. Remedies:

a) Force the reorganization of the Control Board in accordance with the provisions of law for violations specified in Clause 1 of this Article;

b) Force the establishment of a Control Board according to the provisions of law for violations specified in Point a, Clause 2 of this Article;

c) Force the dismissal of the Head of the Supervisory Board and Controllers who do not meet the standards and conditions for violations specified in Point b, Clause 2 of this Article.

Article 54. Violations against the establishment or termination of operation of branches, representative offices and business locations of enterprises

1. A fine of VND 20.000.000 to VND 30.000.000 for one of the following acts:

a) Doing business at a location without notifying the business registration agency where the enterprise (in case of a business location under an enterprise) or branch (in case of a business location under a branch) operates business activities.

In case there is a violation of tax law, it will be handled according to regulations on sanctioning administrative violations in the tax field;

b) Terminating the operation of a branch, representative office, or business location without notifying the business registration agency;

c) Moving the headquarters of a branch or representative office to a province or centrally run city other than where the branch or representative office is registered without notifying the business registration agency where the branch or office is located. representative moved in.

2. Remedial measures: Forced notification to the business registration agency for violations specified in Clause 1 of this Article.

Article 55. Violations on partnerships

1. A fine of VND 30.000.000 to VND 50.000.000 for one of the following acts:

a) There are not at least 02 members who are common owners of the company;

b) A general partner is also the owner of a private enterprise or a general partner of another partnership (unless otherwise agreed by the remaining partners);

c) The general partner or capital contributing member fails to pay the full amount of capital committed to contribute to the company within 15 days from the date of approval, unless the Board of Members decides on another deadline.

2. Remedial measures: Force additional partners for violations specified in Point a, Clause 1 of this Article.

Article 56. Violations against private enterprises

1. A fine of VND 20.000.000 to VND 30.000.000 for one of the following acts:

a) Contribute capital to establish or purchase shares or capital contributions in a partnership, limited liability company or joint stock company;

b) Failure to fully record the increase or decrease in investment capital; All capital and assets, including loans and leased assets, used in the enterprise's business activities are recorded in the accounting books;

c) Failing to register with the business registration authority before reducing the investment capital to less than the registered investment capital;

d) Establishing many private enterprises or concurrently being the owner of a business household or a general partner of a partnership;

d) Buying a private enterprise but not registering to change the owner of the private enterprise.

2. Remedial measures: Force registration of change of private enterprise owner for violations specified in Point dd, Clause 1 of this Article.

Article 57. Violations of division, separation, consolidation and merger of enterprises

1. A fine of VND 20.000.000 to VND 30.000.000 for one of the following acts:

a) Failing to send or sending on time the Resolution, Decision on division of the company to all creditors and notify the employees;

b) Failure to register changes in charter capital, number of members, shareholders corresponding to capital contributions, shares and reduced number of members, shareholders (if any) for separated or unregistered enterprises Business registration for separated businesses;

c) Failure to send or not sending on time the Resolution or Decision on separation of the company to all creditors and notifying employees;

d) Failure to send or sending the Consolidation Contract to all creditors and notifying employees on time;

dd) Failing to send or sending the merger contract on time to all creditors and notify the employees;

e) Failure to send or sending on time a written notice to the business registration agency where the merged enterprise is headquartered to terminate the existence of the merged enterprise from the date of completion business merger.

2. Remedies:

a) Forced to send Resolutions, Decisions to divide the company to all creditors and notify employees in case of failure to send Resolutions, Decisions, or notices for violations specified in Point a, Clause 1 This;

b) Force the separated enterprise to register a change in charter capital, number of members and shareholders corresponding to the capital contribution, shares and reduced number of members and shareholders (if any) or register the enterprise be separated for violations specified in Point b, Clause 1 of this Article;

c) Forced to send Resolutions, Decisions to separate the company to creditors and notify employees in case of failure to send Resolutions, Decisions, or notices for violations specified in Point c, Clause 1, Article This;

d) Forced to send the Consolidation Contract to creditors and notify employees in case of not sending the Consolidation Contract, notice for violations specified in Point d, Clause 1 of this Article;

d) Forced to send the Merger Contract to creditors and notify employees in case of not sending the Merger Contract, notify for violations specified in Point dd Clause 1 of this Article;

e) Forced to send a written notice of termination of operations to the business registration agency where the merged enterprise is headquartered in case of failure to send a notice for violations specified in point e Clause 1 of this Article.

Article 58. Violations of enterprise dissolution

1. A fine of VND 20.000.000 to VND 30.000.000 for one of the following acts:

a) Failure to carry out dissolution procedures at the end of the operating term stated in the company's charter without a decision to extend;

b) Failure to carry out dissolution procedures when the company no longer has the minimum number of members as prescribed for a period of 06 consecutive months without carrying out procedures for converting the business type;

c) Failure to carry out procedures for terminating operations of branches, representative offices, or business locations before submitting the enterprise dissolution registration application.

2. Remedies:

a) Forced implementation of enterprise dissolution procedures for violations specified in Points a and b, Clause 1 of this Article;

b) Forced implementation of procedures to terminate operations of branches, representative offices, and business locations for violations specified in Point c, Clause 1 of this Article.

Article 59. Violations against enterprises organized according to the parent company and subsidiary model

A fine ranging from VND 50.000.000 to VND 70.000.000 shall be imposed for any of the following violations:

1. Buy shares and contribute capital to the parent company.

2. Contribute capital and buy shares for mutual cross-ownership.

3. Jointly contribute capital, buy shares of another enterprise or establish a new enterprise (for subsidiaries with the same parent company, enterprises with at least 65% state capital ownership).

Article 60. Violations against social enterprises

1. A fine of VND 20.000.000 to VND 30.000.000 for one of the following acts:

a) Not using at least 51% of the enterprise's total annual after-tax profit to reinvest to achieve the registered goal;

b) Improper use of mobilized funds;

c) Failure to send commitments or notices or not sending commitments or notices on time to the business registration agency where the enterprise is headquartered when there is a change in content or termination of commitment to achieve goals society, environment;

d) Failure to maintain operational objectives and conditions as prescribed during operations.

2. Remedies:

a) Force additional capital to reinvest to achieve registered goals for violations specified in Point a, Clause 1 of this Article;

b) Forced return of funds used for improper purposes for violations specified in Point b, Clause 1 of this Article;

c) Forced to send a commitment or notice to the business registration agency according to regulations in case of failure to send a commitment or notice for violations specified in Point c, Clause 1 of this Article;

d) Force the implementation of operational objectives and conditions as prescribed during the operation for violations specified in Point d, Clause 1 of this Article.

Article 61. Violations of information disclosure of state-owned enterprises

1. A fine of VND 30.000.000 to VND 50.000.000 for one of the following acts:

a) Failure to implement or incomplete or timely implementation of regulations on information disclosure as prescribed;

b) There is more than 01 legal representative but does not notify the state ownership representative agency or does not make it public on the enterprise's information portal or website;

c) Disclosing information through the person authorized to disclose information but not sending the authorization notice to the agency representing the state owner or the Ministry of Planning and Investment;

d) Temporarily postpone the disclosure of information but do not report the reason for the suspension or do not send a notice requesting the postponement of information disclosure to the agency representing the state owner.

2. A fine of VND 50.000.000 to VND 70.000.000 for one of the following acts:

a) Failure to set up the enterprise's electronic information page according to regulations;

b) Failure to develop regulations on information disclosure of enterprises according to regulations;

c) Do not publish information on the enterprise's website, the portal or the website of the owner's representative agency and the Enterprise Information Portal, periodic and irregular information according to regulations. determined.

3. Remedies:

a) Compulsory disclosure of information in case of non-disclosure or supplementation or modification of the published information content for violations specified in Point a, Clause 1 of this Article;

b) Force reporting and notification of information according to regulations for violations specified in Points b, c, d, Clause 1 of this Article;

c) Force the establishment of an enterprise's electronic information page according to regulations for violations specified in Point a, Clause 2 of this Article;

d) Force the development of information disclosure regulations according to regulations for violations specified in Point b, Clause 2 of this Article;

d) Forced publication on the enterprise's website, portal or website of the owner's representative agency and Enterprise Information Portal for violations specified in Point c, Clause 3, Article This.

Article 62. Violations against business household registration

1. A fine of VND 5.000.000 to VND 10.000.000 for one of the following acts:

a) Individuals and household members registering more than one business household;

b) Not allowed to establish business households but still establish business households;

c) Failure to register to establish a business household in cases where registration is required according to regulations;

d) Failure to register changes to the content of the business household registration certificate with the district business registration agency within 10 days from the date of change.

2. A fine of VND 10.000.000 to VND 20.000.000 for one of the following acts:

a) Untruthful or inaccurate declaration in business household registration dossier or registration dossier to change the content of business household registration.

In case there is a violation of tax law, it will be handled according to regulations on sanctioning administrative violations in the tax field;

b) Continue doing business in conditional business lines when there is a temporary suspension request from the district business registration agency.

3. Remedies:

a) Forcible registration of establishment of business households according to regulations, for violations specified at Point c, Clause 1 of this Article;

b) Force registration to change the content of the business household registration certificate in case of unregistered violations specified in Point d, Clause 1 of this Article.

Article 63. Violations of information and reporting regime of business households

1. A fine of VND 5.000.000 to VND 10.000.000 for one of the following acts:

a) Failure to report business status as required by the district business registration agency;

b) Change the owner of a business household but do not send a dossier notifying the change in business household registration content to the district-level business registration agency where it was registered;

c) Temporarily suspending business, resuming business before the announced deadline but not sending a written notice to the district business registration agency where it was registered;

d) Changing business location without notifying the district business registration agency;

d) Terminating business activities in the form of household business without notification or without returning the original Certificate of household business registration to the district business registration agency;

e) Changing business lines or lines of business without sending a notification to the district business registration agency where the business household's head office is located;

g) Doing business in many locations but not notifying the district business registration agency where the business household's headquarters is located, the tax agency, and the market management agency.

In case there is a violation of tax law, it will be handled according to regulations on sanctioning administrative violations in the tax field.

2. Remedies:

a) Forced reporting of business situation as required for violations specified in Point a, Clause 1 of this Article;

b) Forced notification to the district business registration agency for violations specified in Points b, c, d, dd, e and g, Clause 1 of this Article.

Article 64. Violations of registration and registration of changes to the registration content of cooperatives and cooperative unions

1. A fine of VND 10.000.000 to VND 20.000.000 for one of the following acts:

a) Failure to register according to regulations with the competent state agency that has issued the Registration Certificate in case the cooperative or cooperative ｕｎｉｏｎ changes one of the contents of name and head office address , industry, production and business, charter capital, legal representative; name, address, branch representative, representative office;

b) Failure to register on time as prescribed with the competent state agency that has issued the Certificate of registration in case the cooperative or ｕｎｉｏｎ of cooperativess changes one of the contents of the name, address; head office, production and business lines, charter capital, legal representative; name, address, representative of branch, representative office.

2. Fine from 20.000.000 VND to 30.000.000 VND for dishonest and inaccurate declaration of documents for issuance of Certificate of registration of cooperatives, cooperative unions or Certificate of change Contents of registration of cooperatives and unions of cooperatives.

3. Remedial measures: Force registration to change the content of the Certificate of registration of cooperatives and cooperative unions for violations specified in Point a, Clause 1 of this Article.

Article 65. Violations of operations of cooperatives and unions of cooperatives

1. A fine of VND 10.000.000 to VND 20.000.000 for one of the following acts:

a) Failure to organize an annual general meeting of members of cooperatives and unions of cooperatives within 03 months from the end of the fiscal year;

b) Failure to prepare a member registration book after being granted the Certificate of registration of cooperatives and unions of cooperativess, or the member registration book does not have complete content as prescribed;

c) Failure to provide information or providing incomplete, untimely, inaccurate information about production, business, financial activities, income distribution and other contents as prescribed;

d) Failing to keep documents of cooperatives and unions of cooperativesss as prescribed.

2. A fine of VND 30.000.000 to VND 50.000.000 for one of the following acts:

a) Operating in the name of a cooperative or ｕｎｉｏｎ of cooperatives but without a Certificate of registration of cooperatives and unions of cooperatives;

b) Doing business in industries and trades not recorded in the Certificate of registration of cooperatives and cooperative unions;

c) Continue to operate during the time the cooperative or cooperative ｕｎｉｏｎ has announced temporary suspension of operations.

In case there is a violation of tax law, it will be handled according to regulations on sanctioning administrative violations in the tax field;

d) Doing business in conditional industries or occupations when the business conditions are not met according to the provisions of law;

d) Continue to operate after the Certificate of registration of cooperatives and cooperative unions has been revoked.

3. Remedies:

a) Force a member registration book to be established according to regulations or add missing content to the member registration book for violations specified in Point b, Clause 1 of this Article;

b) Forced to provide information or supplement complete and accurate information about production, business, financial activities, income distribution and other contents as prescribed for violations specified in Clause 1 of this Article. Point c Clause XNUMX of this Article;

c) Forced storage of documents of cooperatives and unions of cooperatives according to regulations for violations specified in Point d, Clause 1 of this Article;

d) Compulsory registration of establishment of cooperatives and cooperative unions for violations specified in Point a, Clause 2 of this Article.

Article 66. Violations of reporting information of cooperatives and unions of cooperatives

1. A fine of VND 10.000.000 to VND 15.000.000 for one of the following acts:

a) Failure to comply with the reporting regime on operational status as prescribed;

b) Failure to send a notice to the competent state agency that has issued the Registration Certificate within 15 working days from the date the cooperative or cooperative ｕｎｉｏｎ changes the charter content and quantity. members, member cooperatives, board members, supervisory boards or controllers, business locations.

2. Remedies:

a) Forced reporting on the operations of cooperatives and unions of cooperatives for violations specified in Point a, Clause 1 of this Article;

b) Forcible sending of notices to competent state agencies for violations specified at Point b, Clause 1 of this Article.

Article 67. Violations of capital contribution to cooperatives and cooperative unions

1. A fine of VND 10.000.000 to VND 20.000.000 for one of the following acts:

a) Failure to mobilize the full amount of registered capital according to the provisions of the Charter or the time limit for full capital contribution exceeds 06 months from the date the cooperative or cooperative ｕｎｉｏｎ is granted a Registration Certificate;

b) Failure to maintain legal capital for cooperatives conducting business lines that require legal capital;

c) Failure to issue capital contribution certificates to cooperative members or member cooperatives;

d) Using capital sources belonging to undivided assets of cooperatives and unions of cooperatives to contribute capital, buy shares, and establish enterprises;

dd) Contributing capital, buying shares, establishing an enterprise with a total investment exceeding 50% of the charter capital of the cooperative or ｕｎｉｏｎ of cooperativess as recorded in the latest financial statement before the time of making such contribution. capital, buying shares, establishing a business;

e) Failure to notify or not notify on time to the agency issuing the Certificate of registration of cooperatives and cooperative unions where the head office is located after contributing capital, purchasing shares, or establishing an enterprise.

2. A fine of VND 20.000.000 to VND 30.000.000 for one of the following acts:

a) Contributing capital, buying shares, establishing businesses of cooperatives and unions of cooperatives without the decision and approval of the Congress of members;

b) Allow a member to contribute capital greater than 20% of the total capital contribution of the cooperative or a member cooperative to contribute capital greater than 30% of the total capital contribution of the cooperative ｕｎｉｏｎ.

3. Fine from 30.000.000 VND to 50.000.000 VND for fraudulent acts in valuing capital assets.

In case there is a violation of tax law, it will be handled according to regulations on sanctioning administrative violations in the tax field.

4. Remedies:

a) Forced to add enough capital as registered in case of not mobilizing enough capital for violations specified in Point a, Clause 1 of this Article;

b) Forcible ｇｒａｎｔ of capital contribution certificates to members of cooperatives or affiliated cooperatives, for violations specified at Point c, Clause 1 of this Article;

c) Forcible return of capital sources belonging to undivided assets of cooperatives and unions of cooperativesss, for violations specified at Point d, Clause 1 of this Article;

d) Forced adjustment of total investment in capital contribution, share purchase, and enterprise establishment for violations specified in Point dd, Clause 1 of this Article;

dd) Forcible notification to the agency issuing the Certificate of registration of cooperatives and unions of cooperativesss in case of failure to notify the violations specified at Point e, Clause 1 of this Article;

e) Forced adjustment of the capital contribution ratio in accordance with regulations for violations specified in Point b, Clause 2 of this Article.

Article 68. Violations of division, separation, merger of cooperatives and unions of cooperatives

1. A fine of VND 10.000.000 to VND 20.000.000 for one of the following acts:

a) Failure to notify in writing creditors, organizations and individuals that have economic relationships with cooperatives and cooperative unions about the decision to split, separate and resolve related issues before When carrying out procedures to establish new cooperatives and unions of cooperatives;

b) Failure to notify in writing creditors, organizations and individuals having economic relationships with cooperatives and unions of cooperatives about the consolidation decision and consolidation plan;

c) Failure to notify creditors, organizations and individuals that have economic relationships with the cooperative or cooperative ｕｎｉｏｎ in writing about the merger decision.

2. Remedial measures: Forced written notification to creditors, organizations and individuals having economic relationships with cooperatives and cooperative unions for violations specified in Clause 1 of this Article. Clause XNUMX of this Article.

Article 69. Violations regarding operations of branches, representative offices, and business locations of cooperatives and unions of cooperatives

1. A fine of VND 10.000.000 to VND 20.000.000 for one of the following acts:

a) The branch's business lines are not consistent with the business lines of the cooperative or cooperative ｕｎｉｏｎ;

b) Branches, representative offices and business locations do not bear the name of the cooperative or cooperative ｕｎｉｏｎ.

2. Fine from 20.000.000 VND to 30.000.000 VND for dishonest or inaccurate registration of changes in registration content of branches, representative offices, and business locations.

3. Remedial measures: Forced adjustment of branch and representative office names for violations specified in Point b, Clause 1 of this Article.

Chapter V

ADMINISTRATIVE VIOLATIONS IN THE FIELD OF PLANNING, FORMS OF PENALTIES, LEVELS OF PENALTIES AND REMEDIAL MEASURES

Article 70. Violations of reporting and provision of planning information regime

1. A fine of VND 30.000.000 to VND 50.000.000 for one of the following acts:

a) Providing planning information in incorrect form as prescribed;

b) Posting planning information not in accordance with regulations;

c) Within 10 days from the date the plan is approved, do not update information and database on planning documents into the information system and national database on planning in the online environment. .

2. A fine of between VND 50.000.000 and 70.000.000 shall be imposed for one of the following acts:

a) Failure to comply with the reporting regime or reporting dishonestly or inaccurately on the implementation of the planning;

b) Failure to provide planning information according to regulations;

c) Failure to store planning documents or incomplete planning dossiers as prescribed.

3. A fine of VND 100.000.000 to VND 150.000.000 for one of the following acts:

a) Intentionally providing incorrect information about planning;

b) Destroying, falsifying or falsifying records, papers and documents related to planning;

c) Obstructing the participation of agencies, organizations and individuals in giving opinions on planning activities.

4. Remedies:

a) Force updating information and database on planning documents into the national information system and database on planning in the network environment in case of failure to update information and database on planning documents. with violations specified in Point c, Clause 1 of this Article;

b) Forced provision of information for violations specified in Point b, Clause 2 of this Article;

c) Forced to store or fully supplement planning archives for violations specified in Point c, Clause 2 of this Article;

d) Forcible correction of information on planning, for violations specified at Point a, Clause 3 of this Article.

Article 71. Violations of planning planning and adjustment

1. Fine from 30.000.000 VND to 50.000.000 VND for acts of adjusting planning not in accordance with the prescribed order and procedures.

2. Fine from 50.000.000 VND to 100.000.000 VND for prolonging planning time compared to regulations.

3. Fine from 300.000.000 VND to 500.000.000 VND for acts of adjusting planning without proper authority according to regulations.

Article 72. Violations of planning implementation

1. A fine from 50.000.000 VND to 70.000.000 VND shall be imposed for planning to implement planning that is not in accordance with the planning content.

2. Fine from 70.000.000 VND to 100.000.000 VND for failure to implement or improper implementation of decided or approved planning.

3. Remedial measures: forced to re-plan implementation of the planning content for violations specified in Clause 1 of this Article.

Chapter VI

AUTHORITY TO PUNISH ADMINISTRATIVE VIOLATIONS

Article 73. Sanctioning authority of the Planning and Investment Inspectorate

1. Inspectors and people assigned to perform specialized inspection tasks who are on duty have the right to:

a) Caution;

b) A fine of up to 1.000.000 VND.

2. Chief Inspector of the Department of Planning and Investment and Head of the specialized inspection team at the department level have the right to:

a) Caution;

b) Fine up to 50.000.000 VND for violations in the field of business registration; up to 100.000.000 VND for violations in the fields of bidding, investment, and planning;

c) Apply remedial measures specified in this Decree.

3. The Head of the specialized inspection team of the Ministry of Planning and Investment has the right to:

a) Caution;

b) Fine up to 70.000.000 VND for violations in the field of business registration; up to 200.000.000 VND for violations in the field of bidding and investment; up to 350.000.000 VND for violations in the field of planning;

c) Apply remedial measures specified in this Decree.

4. The Chief Inspector of the Ministry of Planning and Investment has the right to:

a) Caution;

b) Fine up to 100.000.000 VND for violations in the field of business registration; up to 300.000.000 VND for violations in the field of bidding and investment; up to 500.000.000 VND for violations in the field of planning;

c) Apply remedial measures specified in this Decree.

Article 74. Sanctioning authority of People's Committees at all levels

1. Chairpersons of commune-level People's Committees have the right to:

a) Caution;

b) A fine of up to 10.000.000 VND.

2. Presidents of district-level People's Committees have the right to:

a) Caution;

b) Fine up to 50.000.000 VND for violations in the field of business registration; up to 150.000.000 VND for violations in the field of bidding and investment; up to 200.000.000 VND for violations in the field of planning;

c) Apply remedial measures specified in this Decree.

3. Presidents of provincial-level People's Committees have the right to:

a) Caution;

b) Fine up to 100.000.000 VND for violations in the field of business registration; up to 300.000.000 VND for violations in the field of bidding and investment; up to 500.000.000 VND for violations in the field of planning;

c) Apply remedial measures specified in this Decree.

Article 75. Sanctioning authority of the Tax authority

1. Tax officials on duty have the right to:

a) Caution;

b) A fine of up to 1.000.000 VND.

2. The Tax Team Captain has the right to:

a) Caution;

b) A fine of up to 5.000.000 VND.

3. The Director of the Tax Department has the right to:

a) Caution;

b) Fine up to 50.000.000 VND for violations in the fields of business registration and investment;

c) Apply remedial measures specified in this Decree.

4. The Director of the Tax Department has the right to:

a) Caution;

b) Fine up to 100.000.000 VND for violations in the field of business registration; up to 140.000.000 VND for violations in the field of investment;

c) Apply remedial measures specified in this Decree.

5. The General Director of Taxation has the right to:

a) Caution;

b) Fine up to 100.000.000 VND for violations in the field of business registration; up to 300.000.000 VND for violations in the field of investment;

c) Apply remedial measures specified in this Decree.

Article 76. Sanctioning authority of the Market Management agency

1. Market controllers on duty have the right to:

a) Caution;

b) A fine of up to 1.000.000 VND.

2. Head of the Market Management Team, Head of the Operations Department under the Department of Market Management Operations has the right to:

a) Caution;

b) Fine up to 50.000.000 VND for violations in the fields of business registration and investment;

c) Apply remedial measures specified in this Decree.

3. Director of the Provincial Market Management Department and Director of the Market Management Operations Department under the General Department of Market Management have the right to:

a) Caution;

b) Fine up to 100.000.000 VND for violations in the fields of business registration and investment;

c) Apply remedial measures specified in this Decree.

4. The Director General of the General Department of Market Management has the right to:

a) Caution;

b) Fine up to 100.000.000 VND for violations in the field of business registration; up to 300.000.000 VND for violations in the field of investment;

c) Apply remedial measures specified in this Decree.

Article 77. Determination of sanctioning authority

1. Competent persons of the Planning and Investment Inspectorate have the right to sanction administrative violations specified in this Decree according to the authority specified in Article 73 of this Decree and their positions. assigned functions, tasks, and powers.

2. Chairman of the People's Committee at all levels has the right to sanction administrative violations specified in this Decree according to the authority specified in Article 74 of this Decree and functions, tasks, assigned powers.

3. Competent persons of the Tax authority have the right to sanction administrative violations specified in Clause 2, Article 16; Article 18; Clause 2, Article 22; Article 30; Article 43; Clause 4, Article 46; Point a, Clause 2, Article 48; Point a, Clause 1, Article 50; Point a, Clause 1, Article 54; Article 56; Article 62; Article 64; Point c, Clause 1 and Clause 2, Article 65; Article 66; Clause 3, Article 67 and Article 69 of this Decree according to the authority specified in Article 75 and assigned functions, tasks and powers.

4. Competent persons of the Market Management agency have the right to sanction administrative violations for administrative violations specified in Clause 3, Article 16; Clause 1, Article 17; Clause 3, Article 19; Article 43; Article 44; Clause 4, Article 46; Article 48; Article 49; Article 50; Point c Clause 2 Article 52; Article 54; Point d and Point dd Clause 1 Article 56; Point d, Clause 1, Article 60; Article 62; Article 63; Article 64; Points c and d Clause 1, Clause 2 Article 65; Article 66 and Article 69 of this Decree according to the authority specified in Article 76 and assigned functions, tasks and powers.

5. In case an administrative violation falls under the sanctioning authority of many people, the sanctioning of the administrative violation shall be carried out by the first person to handle it.

Article 78. Determination of sanctioning authority

The authority to impose fines of the positions specified in Article 73, Article 74, Article 75 and Article 76 of this Decree is the authority to impose fines for an administrative violation of the organization, the authority to impose fines for For individuals, it is equal to 1/2 times the authority to fine an organization.

Article 79. Authority to make records of administrative violations

1. Person with sanctioning authority specified in Article 73, Article 74, Article 75 and Article 76 of this Decree.

2. Civil servants of the People's Committees at all levels are assigned the task of inspecting and detecting administrative violations in the fields specified in this Decree.

3. Civil servants of the Planning and Investment inspection agency are assigned to perform specialized inspection and examination tasks independently or in inspection teams.

4. Civil servants of state management agencies are assigned to inspect in the fields of state management of: investment (including: public investment, business investment in Vietnam, business investment from Vietnam to foreign countries, investing in the public-private partnership (PPP) method, bidding, business registration, planning.

5. In a case involving many violations, the competent person performing official duties must immediately make an administrative violation record for the behavior that has been determined to be an administrative violation in the field. , its management area.

In case the case is beyond the sanctioning competence of the record maker, the original of the administrative violation record together with exhibits and means of administrative violations (if any) shall be transferred to the person with sanctioning competence for handling. fines as prescribed in Clause 5, Article 58 of the Law on Handling of Administrative Violations.

For acts showing signs of administrative violations that do not fall within the field or area of ​​their management, the competent person performing official duties or tasks must make a working record to record the incident and immediately transfer it to the authorities. copy to the competent person.

Chapter VII

TERMS ENFORCEMENT

Article 80. Enforcement

This Decree takes effect from January 01, 01 and replaces Decree No. 2022/50/ND-CP dated June 2016, 01 of the Government stipulating penalties for administrative violations in the field of planning and investment. private.

Article 81. Transitional provisions

1. For violations that occurred before the effective date of this Decree and are discovered or considered for sanctioning decisions after this Decree takes effect, the provisions of this Decree will apply to handle legal if this Decree does not stipulate legal liability or stipulates lighter legal liability.

2. For decisions to sanction administrative violations in the field of planning and investment that have been issued or have been completely implemented before the effective date of this Decree and individuals and organizations are sanctioned If there are still complaints about administrative violations, the provisions of Decree No. 50/2016/ND-CP dated June 01, 6 of the Government on sanctioning administrative violations in the field of planning and investment shall apply. .

Article 82. Responsible for implementing

The ministers, the heads of the ministerial-level agencies, the heads of the Government-attached agencies and the presidents of the People's Committees of the provinces and centrally-run cities shall have to implement this Decree.

APPENDIX I

LIST OF GOODS CHEMICAL, SERVICES NO DISCOUNT CODE V.A.T TAX(Attached to Decree) Decree No. 44/2023/ND-CP the 30nd of the month 06 year 2023 of the Government)