Nghị định 139/2017/NĐ-CP xử phạt vi phạm hành chính đầu tư xây dựng khai thác khoáng sản

THE GOVERNMENT
————

THE SOCIALIST
REPUBLIC OF VIETNAM
Independence – Freedom – Happiness
———————

No.:
139/2017/ND-CP

Hanoi, November
27, 2017

DECREE

PENALTIES
FOR ADMINISTRATIVE VIOLATIONS AGAINST REGULATIONS ON INVESTMENT AND
CONSTRUCTION; EXTRACTION, PROCESSING AND TRADING OF MINERALS USED IN
CONSTRUCTION, PRODUCTION AND TRADING OF BUILDING MATERIALS; MANAGEMENT OF
INFRASTRUCTURAL CONSTRUCTIONS; REAL ESTATE BUSINESS, HOUSING DEVELOPMENT,
MANAGEMENT AND OPERATION OF APARTMENT BUILDINGS AND OFFICE BUILDINGS

Pursuant to the Law on Government Organization
dated June 19, 2015;

Pursuant to the Law on Actions against
Administrative Violations dated June 20, 2012;

Pursuant to the Law on Construction dated June
18, 2014;

Pursuant to the Law on Housing dated November
25, 2014;

Pursuant to the Law on Real Estate Business
dated November 25, 2014;

Pursuant to the Law on Urban Planning dated June
17, 2009;

…

TVPL

Pro

để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.

Mọi chi tiết xin liên hệ: ĐT:

(028) 3930 3279

DĐ:

0906 22 99 66

Bạn phải đăng nhập hoặc đăng ký Thành Viênđể sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.Mọi chi tiết xin liên hệ:

Pursuant to the Law on Environmental Protection
dated June 23, 2014;

At the request of the Minister of Construction;

The Government promulgates a Decree providing
for penalties for administrative violations against regulations on investment
and construction; extraction, processing and trading of minerals used in
construction, production and trading of building materials; management of
infrastructural constructions; real estate business, housing development, management
and operation of apartment buildings and office buildings.

Chapter I

GENERAL PROVISIONS

Article 1. Scope and regulated
entities

1. This Decree deals with violations, penalties,
fines, remedial measures, and the power to record and impose penalties against
administrative violations against regulations on investment and construction;
extraction, processing and trading of minerals used in construction, production
and trading of building materials; management of infrastructural constructions;
real estate business, housing development, management and operation of
apartment buildings and office buildings.

2. This Decree applies to:

a) Vietnamese or foreign organizations and
individuals that commit the administrative violations in the fields specified
in Clause 1 of this Article in the territory of the Socialist Republic of
Vietnam, unless otherwise specified in the international treaty to which
Vietnam is a signatory;

…

TVPL

Pro

để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.

Mọi chi tiết xin liên hệ: ĐT:

(028) 3930 3279

DĐ:

0906 22 99 66

Bạn phải đăng nhập hoặc đăng ký Thành Viênđể sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.Mọi chi tiết xin liên hệ:

Article 2. Interpretation of
terms

1. Other works prescribed herein are those of a
scale which is not subject to compulsory formulation of economic – technical
report or construction project and single-detached houses.

2. Penalties for an organization or individual that
gets involved in construction works of a construction project having multiple
work items and commits administrative violations:

a) If an organization or individual has committed
the same administrative violation at different work items of a project but not
yet faced any penalties and now such violation is detected within the
prescriptive period, such organization or individual shall be considered to
have committed repeated violation;

b) If an organization or individual has abided by a
decision on imposition of administrative penalty for an administrative
violation made by a competent officer or a decision on enforcement of the
decision on imposition of administrative penalty for an administrative
violation made by a competent officer, and re-commit such administrative
violation within 01 year (if a fine is imposed) from the implementation of
these decisions, such organization or individual shall be considered as a
recidivist.

3. In this document, organizations and individuals
committing administrative violations refer to:

a) Domestic organizations, foreign organizations or
enterprises that are hereinafter referred to as “organizations”. An
organization may be a judicial or non-judicial person;

b) Households, residential communities, domestic
individuals, foreign individuals and overseas Vietnamese that are hereinafter
referred to as “individuals”.

Article 3. Penalties and
remedial measures

…

TVPL

Pro

để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.

Mọi chi tiết xin liên hệ: ĐT:

(028) 3930 3279

DĐ:

0906 22 99 66

Bạn phải đăng nhập hoặc đăng ký Thành Viênđể sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.Mọi chi tiết xin liên hệ:

a) A warning;

b) A fine.

2. Additional penalties:

Suspend license, practicing certificate or capacity
certificate or suspend operations for a fixed period from 03 to 24 months.

3. Remedial measures:

In addition to penalties, an organization or
individual committing administrative violation may be liable to one or some
remedial measures mentioned below:

a) Enforced restoration to initial state;

b) Enforced implementation of environmental
pollution control measures;

c) Enforced transfer of illegal benefits obtained
from administrative violations;

…

TVPL

Pro

để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.

Mọi chi tiết xin liên hệ: ĐT:

(028) 3930 3279

DĐ:

0906 22 99 66

Bạn phải đăng nhập hoặc đăng ký Thành Viênđể sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.Mọi chi tiết xin liên hệ:

dd) Other remedial measures specified herein.

Article 4. Maximum fines

Maximum fines imposed for administrative violations
specified in this document are as follows:

1. The maximum fine imposed for administrative
violations against regulations on investment and construction is VND
1,000,000,000.

2. The maximum fine imposed for administrative violations
against regulations on extraction, processing and trading of minerals used in
construction, production and trading of building materials; management of
infrastructural constructions; real estate business, housing development,
management and operation of apartment buildings and office buildings is VND
300,000,000.

3. Fines specified herein are imposed for
administrative violations committed by organizations (except fines specified in
Point a Clause 1, Point a and Point b Clause 2, Point a and Point b Clause 3,
Point a and Point b Clause 4, Point a and Point b Clause 5, Clause 7, Point a
and Point b Clause 8, Point a and Point b Clause 9 of Article 15 herein; Point
a Clause 1, Point a and Point b Clause 2, Point a and Point b Clause 3 of
Article 30 herein; Clause 1 Article 58 herein; Point a Clause 3 Article 63
herein; Article 64 herein; Clause 1 (excluding Point e) Article 66 herein,
imposed for administrative violations committed by individuals).
The fine incurred by an individual is a half of that incurred by an
organization for the same administrative violation.

Article 5. Prescriptive periods
for administrative violations punishable

1. The prescriptive period for imposing penalties
for an administrative violation against regulations on real estate business;
management of infrastructural constructions; processing and trading of minerals
used in construction, production and trading of building materials is 01 year.

2. The prescriptive period for imposing penalties
for an administrative violation against regulations on investment and
construction; extraction of minerals used in construction; housing development,
management and operation of apartment buildings and office buildings is 02
years.

…

TVPL

Pro

để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.

Mọi chi tiết xin liên hệ: ĐT:

(028) 3930 3279

DĐ:

0906 22 99 66

Bạn phải đăng nhập hoặc đăng ký Thành Viênđể sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.Mọi chi tiết xin liên hệ:

a) If an administrative violation has ended, the
prescriptive period begins from the end of such violation. The end of an
administrative violation relating a construction project is the date on which
the project is handed over and put into official operation. The end of an
administrative violation relating a single-detached house is the date on which
the detached house construction contract (if any) expires or the date on which
the detached house is put into official operation;

b) If an administrative violation is in progress
and detected by an on-duty competent officer, the prescriptive period shall
begin from the time when such violation is detected;

c) In case of administrative violations referred by
other competent authorities, prescriptive periods for received administrative
violations punishable shall comply with regulations in Clause 1, Clause 2 and
Point a, Point b Clause 3 of this Article. The prescriptive period for an
administrative violation shall include the period for accepting and considering
the violation case by competent authorities.

4. If organizations and individuals committing
administrative violations, within the prescriptive periods specified in Clause
1, Clause 2 of this Article, deliberately evade or obstruct the imposition of
penalties by competent authorities, the prescriptive periods for such
administrative violations punishable shall begin from the termination of such
evasion or obstruction.

Article 6. Resisting or
obstructing officers in charge of imposing administrative penalties in sectors
prescribed herein

Any organization or individual that resists or
obstructs an on-duty officer in charge of settling administrative violations in
the sectors prescribed herein shall incur the penalty and fine as those for the
administrative violation of resisting or obstructing the law enforcement
officer in the performance of his/her duty regulated in the Government’s Decree
on penalties for administrative violations against regulations on social
security and public order.

Chapter II

ADMINISTRATIVE VIOLATIONS,
PENALTIES AND REMEDIAL MEASURES IN INVESTMENT AND CONSTRUCTION SECTOR

Section 1. PENALTIES IMPOSED ON
INVESTMENT DECISION MAKING-OFFICERS, INVESTORS OR OWNERS, MANAGERS, USERS OF
CONSTRUCTION WORKS

…

TVPL

Pro

để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.

Mọi chi tiết xin liên hệ: ĐT:

(028) 3930 3279

DĐ:

0906 22 99 66

Bạn phải đăng nhập hoặc đăng ký Thành Viênđể sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.Mọi chi tiết xin liên hệ:

1. A fine ranging from VND 30,000,000 to VND
40,000,000 shall be imposed for selecting unqualified organizations or individuals
to perform any of the following works:

a) Construction surveying;

b) Construction planning;

c) Formulation of construction project;

d) Appraisal of construction project;

dd) Management of construction project;

e) Construction design;

g) Appraisal of construction design and estimate;

h) Construction execution;

…

TVPL

Pro

để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.

Mọi chi tiết xin liên hệ: ĐT:

(028) 3930 3279

DĐ:

0906 22 99 66

Bạn phải đăng nhập hoặc đăng ký Thành Viênđể sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.Mọi chi tiết xin liên hệ:

k) Management of construction costs; construction
valuation;

l) Construction inspection;

m) Construction experiments.

2. In addition to the regulation stated in Clause 1
of this Article, the investor that employs a foreign contractor shall face a
fine ranging from VND 70,000,000 to VND 80,000,000 for one of the following
violations:

a) Letting a foreign contractor, that fails to
obtain a license to operate in construction sector as regulated by law, perform
construction activities;

b) Letting a foreign contractor fail to comply with
commitments specified in the joint-venture agreement concluded with a
Vietnamese contractor or fail to employ Vietnamese sub-contractors as
regulated;

c) Letting a foreign contractor temporarily import
and re-export construction machinery and equipment which are available in
domestic market;

d) Letting a foreign contractor employ foreign
workers to perform construction works which can be well performed by Vietnamese
workers;

dd) Failure to notify relevant contractors and
construction quality authorities of employment of foreign contractors to carry
out the project management consultancy or control construction quality.

…

TVPL

Pro

để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.

Mọi chi tiết xin liên hệ: ĐT:

(028) 3930 3279

DĐ:

0906 22 99 66

Bạn phải đăng nhập hoặc đăng ký Thành Viênđể sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.Mọi chi tiết xin liên hệ:

4. Remedial measures:

a) Enforced selection of qualified organizations or
individuals to perform construction activities if the violation specified in
Point dd Clause 1 of this Article is committed;

b) Enforced re-establishment of construction
surveys, re-formulation of construction projects or construction designs in
case the construction of a project is not started or in progress, or enforced
inspection of construction quality in case the construction of a project is
finished or the project has been commissioned, handed over and put into
operation, if the violations specified in Clause 1 (excluding Point dd) of this
Article are committed;

c) Enforced re-export of construction machinery and
equipment by foreign contractors if the violation specified in Point c Clause 2
of this Article is committed;

d) Enforced notification in writing to relevant
contractors and construction quality authorities if the violation specified in
Point dd Clause 2 of this Article is committed.

Article 8. Violations against
regulations on construction surveying

1. A fine ranging from VND 5,000,000 to VND
10,000,000 shall be imposed for failure to notify in writing of acceptance or
non-acceptance of construction survey reports as regulated.

2. A fine ranging from VND 20,000,000 to VND
30,000,000 shall be imposed for one of the following violations:

a) Giving approval for a construction survey report
without giving a written notification of acceptance of such construction survey
report;

…

TVPL

Pro

để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.

Mọi chi tiết xin liên hệ: ĐT:

(028) 3930 3279

DĐ:

0906 22 99 66

Bạn phải đăng nhập hoặc đăng ký Thành Viênđể sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.Mọi chi tiết xin liên hệ:

3. A fine ranging from VND 30,000,000 to VND
40,000,000 shall be imposed for one of the following violations:

a) Failure to elaborate or approve construction
survey tasks;

b) Failure to prepare or approve construction
survey technical plans;

c) Failure to approve additional construction
survey tasks before they are performed by contractors;

d) Preparing or approving construction survey tasks
inconsistently with one of the following contents: Type or grade of
construction works; type of construction survey; designing steps or construction
design requirements;

dd) Giving approval for a construction survey
technical plan while construction survey tasks are not yet approved or
inconsistently with the approved construction survey tasks;

e) Failure to organize the supervision of construction
surveys in accordance with applicable regulations;

g) Failure to carry out construction surveys as
regulated or carrying out a construction survey inconsistently with one of the
following: National technical regulations; applicable standards; approved construction
survey tasks or approved construction survey technical plan;

h) Failure to consult topographic maps or
consulting a type of topographic map unconformable with the construction
planning or urban planning;

…

TVPL

Pro

để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.

Mọi chi tiết xin liên hệ: ĐT:

(028) 3930 3279

DĐ:

0906 22 99 66

Bạn phải đăng nhập hoặc đăng ký Thành Viênđể sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.Mọi chi tiết xin liên hệ:

k) Accepting a construction survey report
inconsistently with one of the following: The actual construction survey
volume; approved construction survey tasks or approved construction survey
technical plan;

l) Giving approval for the construction survey cost
estimate inconsistent with the approved construction survey tasks or the
approved construction survey plan, or determining construction survey unit
price inconsistently with survey contents or policies applicable to
state-funded construction works;

m) Letting the contractor in charge of construction
survey fail to arrange enough workers and survey equipment at the site or the
laboratory (if any) in conformity with the approved construction survey
technical plan.

4. Remedial measures:

a) Enforced survey or enforced inspection of
quality of finished construction works or enforced cancellation of survey
results in case the construction work is in progress if the violation
prescribed in Point g Clause 3 of this Article is committed;

b) Enforced performance of additional surveying and
amendments to the construction planning according to such additional surveying
results if the violation prescribed in Point i Clause 3 of this Article is
committed;

c) Enforced re-appraisal to give approval for the
construction survey cost estimate if the violation prescribed in Point l Clause
3 of this Article is committed.

Article 9. Violations against
regulations on construction planning

1. A fine ranging from VND 30,000,000 to VND
40,000,000 shall be imposed for one of the following violations:

…

TVPL

Pro

để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.

Mọi chi tiết xin liên hệ: ĐT:

(028) 3930 3279

DĐ:

0906 22 99 66

Bạn phải đăng nhập hoặc đăng ký Thành Viênđể sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.Mọi chi tiết xin liên hệ:

b) Failure to get opinions of relevant authorities,
organizations, individuals or residential communities about construction
planning tasks, construction planning project, tasks of adjustment of the
construction planning or project for adjustment of the construction planning in
accordance with applicable regulations.

2. Remedial measures: Enforced collection of
opinions of relevant authorities, organizations, individuals or residential
communities if the violation prescribed in Point b Clause 1 of this Article is
committed.

Article 10. Violations against
regulations on adjustment of construction planning

1. A fine ranging from VND 50,000,000 to VND
70,000,000 shall be imposed for one of the following violations:

a) Adjusting a construction planning inconsistently
with national technical regulations or applicable standards;

b) Adjusting the construction planning for a land
plot located in the planning area approved by a competent authority resulting
in change in building density or population density that overloads the urban or
regional technical infrastructure or social infrastructure.

2. Remedial measures: Enforced re-formulation of
the construction planning if the violation prescribed in Clause 1 of this
Article is committed.

Article 11. Violations against
regulations on formulation and approval for construction projects

1. A fine ranging from VND 30,000,000 to VND
40,000,000 shall be imposed for one of the following violations:

…

TVPL

Pro

để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.

Mọi chi tiết xin liên hệ: ĐT:

(028) 3930 3279

DĐ:

0906 22 99 66

Bạn phải đăng nhập hoặc đăng ký Thành Viênđể sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.Mọi chi tiết xin liên hệ:

b) Establishing a construction project which does
not include all contents as regulated;

c) Failure to request the authorized construction
authority to conduct appraisal of the construction project in accordance with
applicable regulations;

d) Failure to obtain the approval for the
construction project in accordance with applicable regulations.

2. A fine ranging from VND 40,000,000 to VND
50,000,000 shall be imposed for failure to obtain an approval for adjustments
to the construction project if there is change of one of the following
contents:

a) The investor;

b) Sources of funding;

c) Total investment.

3. A fine ranging from VND 50,000,000 to VND
60,000,000 shall be imposed for establishing or giving approval for a
construction project in one of the following cases:

a) The construction project is not conformable with
the construction planning approved by a competent authority;

…

TVPL

Pro

để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.

Mọi chi tiết xin liên hệ: ĐT:

(028) 3930 3279

DĐ:

0906 22 99 66

Bạn phải đăng nhập hoặc đăng ký Thành Viênđể sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.Mọi chi tiết xin liên hệ:

c) It is unable to ensure the project’s capital as
regulated;

d) Financial performance or socio-economic
efficiency of a state-funded project is not ensured.

4. Remedial measures (applicable to a construction
project which is not yet implemented or is in progress):

a) Enforced establishment of the construction
project if the violation prescribed in Point a Clause 1 of this Article is
committed;

b) Enforced re-consideration to approve the
construction project if the violation prescribed in Clause 2 and Point b Clause
3 of this Article is committed;

c) Enforced cancellation of the construction
project if one of the violations prescribed in Point a, Point c and Point d
Clause 3 of this Article is committed.

Article 12. Violations against
regulations on construction design and cost estimate

1. A fine ranging from VND 30,000,000 to VND
40,000,000 shall be imposed for one of the following violations:

a) Failure to prepare construction design tasks in
accordance with applicable regulations;

…

TVPL

Pro

để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.

Mọi chi tiết xin liên hệ: ĐT:

(028) 3930 3279

DĐ:

0906 22 99 66

Bạn phải đăng nhập hoặc đăng ký Thành Viênđể sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.Mọi chi tiết xin liên hệ:

c) Failure to obtain an approval for the
construction design or cost estimate in accordance with applicable regulations;

d) Failure to conduct acceptance of construction
design or conducting acceptance of construction design inconsistently with
applicable regulations;

dd) Failure to formulate or obtain approval for
technical instructions for constructions works for which technical instructions
are mandatory;

e) Failure to organize entrance examination or
selection of architectural designers for construction works requiring the
entrance examination or selection of architectural designers as regulated;

g) Failure to request the authorized construction
authority to conduct appraisal of the construction design in accordance with
applicable regulations.

2. A fine ranging from VND 50,000,000 to VND
60,000,000 shall be imposed for one of the following violations:

a) Preparing construction design tasks
inconsistently with the pre-feasibility study report or the report on
investment proposal or failure to prepare all main design tasks as regulated;

b) Failure to have adjustments to the construction design
re-appraised or re-approved as regulated if there is any change in the
following: Engineering geology, designed loading capacity, structural
solutions, materials of bearing structures or construction methods affecting
the bearing capacity of the construction work;

c) Giving approval for a construction design
inconsistently with national technical regulations or applicable standards or
based on expired construction standards;

…

TVPL

Pro

để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.

Mọi chi tiết xin liên hệ: ĐT:

(028) 3930 3279

DĐ:

0906 22 99 66

Bạn phải đăng nhập hoặc đăng ký Thành Viênđể sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.Mọi chi tiết xin liên hệ:

dd) Giving approval for technical instructions
inconsistently with national technical regulations or standards applicable to
the approved construction project;

e) Give approval for a safety design in excess of
standards applicable to state-funded works.

3. A fine ranging from VND 70,000,000 to VND
80,000,000 shall be imposed for one of the following violations:

a) Giving approval for the execution process design
which fails to satisfy technical – economic requirements or includes
calculation of transportation distance or vehicles unconformable with the
actuality causing an increase in the cost estimate of state-funded works;

b) Giving approval for the construction cost
estimate whose contents apply or employ norms inconsistently with work contents
or contain figures different from norms applicable to state-funded works;

c) Giving approval for the construction cost
estimate whose contents apply norms higher than the ones applicable to
state-funded works as approved by competent authorities;

d) Giving approval for the construction cost
estimate which specifies prices of building materials and equipment
inconsistently with the market prices applied to the region where the
construction work is located or inconsistently with applicable regulations at
the time of determining the cost estimate of contract package of state-funded
works;

dd) Giving approval for the construction cost
estimate with volumes/amounts inconsistent with those specified in the drawing
design and work requirements of the construction works;

e) Failure to comply with regulations on use of
building materials or unbaked building materials when approving a construction
design or cost estimate;

…

TVPL

Pro

để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.

Mọi chi tiết xin liên hệ: ĐT:

(028) 3930 3279

DĐ:

0906 22 99 66

Bạn phải đăng nhập hoặc đăng ký Thành Viênđể sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.Mọi chi tiết xin liên hệ:

4. Remedial measures:

a) Enforced establishment of construction design in
accordance with applicable regulations if the violation prescribed in Point a
Clause 1 of this Article is committed provided that the construction work is
not yet executed or is in progress;

b) Enforced re-consideration to approve the
construction design in case the construction work is not yet executed or is in
progress and enforced re-formulation of the construction cost estimate in
accordance with procedures and formalities established by law if the violation
prescribed in Point b Clause 1 of this Article is committed;

c) Enforced consideration to approve the
construction drawing design in case the construction work is not yet executed
or is in progress and enforced re-formulation of the construction cost estimate
in accordance with applicable regulations if the violation prescribed in Point
c Clause 1 of this Article is committed;

d) Enforced performance of acceptance of
construction design in accordance with applicable regulations if the violation
prescribed in Point d Clause 1 of this Article is committed;

dd) Enforced formulation and approval for technical
instructions if the violation prescribed in Point dd Clause 1 of this Article
is committed;

e) Enforced organization of entrance examination of
architectural designers if the construction work is not yet executed or is in
progress if the violation prescribed in Point e Clause 1 of this Article is
committed;

g) Enforced establishment of construction design
tasks in case the construction work is not yet executed or is in progress if
the violation prescribed in Point a Clause 2 of this Article is committed;

h) Enforced re-consideration to approve adjustments
to the construction design if the violation prescribed in Point b Clause 2 of
this Article is committed;

…

TVPL

Pro

để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.

Mọi chi tiết xin liên hệ: ĐT:

(028) 3930 3279

DĐ:

0906 22 99 66

Bạn phải đăng nhập hoặc đăng ký Thành Viênđể sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.Mọi chi tiết xin liên hệ:

k) Enforced approval for the following step of a
construction design in conformity with the previous step of the same or in
conformity with design tasks in case the construction work is not yet executed
or is in progress if the violation prescribed in Point d Clause 2 of this
Article is committed;

l) Enforced approval for technical instructions in
accordance with national technical regulations or applicable standards in case
the construction work is not yet executed or is in progress if the violation
prescribed in Point dd Clause 2 of this Article is committed;

m) Enforced adjustment of the construction cost
estimate for re-approval (even when bidding has been made) if one of the
violations prescribed in Point a, Point b, Point c, Point d and Point dd Clause
3 of this Article is committed;

n) Enforced adjustment of the construction design
and re-formulation of the cost estimate for re-approval and enforced compliance
with the prescribed portion of unbaked building materials used if the
construction work is not yet executed or is in progress if the violation
prescribed in Point e Clause 3 of this Article is committed;

o) Enforced organization of entrance examination or
selection of architectural designers in accordance with procedures, formalities
and contents prescribed by law the construction work is not yet executed or is
in progress if the violation prescribed in Point g Clause 3 of this Article is
committed.

Article 13. Violations against
regulations on urban development investment

1. A fine ranging from VND 40,000,000 to VND
50,000,000 shall be imposed for one of the following violations:

a) Failure to comply with the investment plan or
schedule approved by a competent authority when making investment in urban
development;

b) Failure to hand over the project according to
the approved schedule.

…

TVPL

Pro

để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.

Mọi chi tiết xin liên hệ: ĐT:

(028) 3930 3279

DĐ:

0906 22 99 66

Bạn phải đăng nhập hoặc đăng ký Thành Viênđể sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.Mọi chi tiết xin liên hệ:

a) Letting secondary investors make investment and
construction inconsistently with the detailed construction planning or the
approved project schedule (if any);

b) Changing the level 1 investor without the
written approval by a competent authority;

c) Making adjustments to the urban development
project without approval by a competent authority;

d) Failure to complete procedures for certification
of land use rights and ownership of infrastructural constructions, which have
been completed and put into operation, in accordance with applicable
regulations;

dd) Failure to provide urban services to people
according to the project’s objectives until the infrastructural construction is
transferred to the government or organization/enterprise in charge of managing
such infrastructural construction.

3. Remedial measures:

a) Enforced investment in urban area development
according to the plan if the violation prescribed in Point a Clause 1 of this
Article is committed;

b) Enforced implementation of the project by
secondary investor in accordance with the approved detailed construction
planning if the violation prescribed in Point a Clause 2 of this Article is
committed;

c) Enforced collection of written approval from the
competent authority if one of the violations prescribed in Point b, Point c
Clause 2 of this Article is committed;

…

TVPL

Pro

để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.

Mọi chi tiết xin liên hệ: ĐT:

(028) 3930 3279

DĐ:

0906 22 99 66

Bạn phải đăng nhập hoặc đăng ký Thành Viênđể sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.Mọi chi tiết xin liên hệ:

dd) Enforced operation and provision of urban
services to people according to the project’s objectives if the violation
prescribed in Point dd Clause 2 of this Article is committed.

Article 14. Violations against
regulations on commencement of construction works

1. A warning or a fine ranging from VND 500,000 to
VND 1,000,000 shall be imposed for any of the following violations:

a) Failure to send a written notification of the
commencement date to the People’s Committee of Commune where the construction
work is built in accordance with regulations (in case the construction of work
requires a building permit);

b) Failure to notify or notifying the construction
authority of the commencement date later than the prescribed deadline, or
sending a notification without construction design enclosed as regulated in
case of exemption from building permit;

c) Failure to report the competent authority or
sending a report which does not specify contact name and address, name of the
work, location of the construction site, construction scale and estimated
construction schedule after the commencement date as regulated.

2. A fine ranging from VND 15,000,000 to VND
20,000,000 shall be imposed for commencement of the construction work but
failure to satisfy one of the following requirements (except the construction
of single-detached houses):

a) The availability of the construction site for
entire or partial transfer according to the project schedule;

b) The approved construction drawing design of the
work item or the work;

…

TVPL

Pro

để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.

Mọi chi tiết xin liên hệ: ĐT:

(028) 3930 3279

DĐ:

0906 22 99 66

Bạn phải đăng nhập hoặc đăng ký Thành Viênđể sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.Mọi chi tiết xin liên hệ:

d) The written health, safety and environment
measures during the execution of the construction work.

3. A fine ranging from VND 80,000,000 to VND
100,000,000 shall be imposed on the investor for commencing the construction
work but failure to ensure funding.

4. Commencing a construction work without the
building permit shall be sanctioned in accordance with regulations in Clause 5
Article 15 herein.

5. Violations against regulations on groundbreaking
ceremony, commencement ceremony and inauguration ceremony of construction works
shall be sanctioned under the provisions in the Government’s Decrees on damage
compensation, discipline and administrative penalties for violations against
regulations on thrift practice and waste prevention.

Article 15. Violations against
regulations on construction order

1. The following penalties shall be imposed for
executing the construction work without coverage as regulated or letting building
materials fall outside the construction site or improperly placing building
materials at the construction site:

a) A warning or a fine ranging from VND 500,000 to
VND 1,000,000 shall be imposed for construction of single-detached house or
execution of a construction work other than the case prescribed in Point b of
this Clause;

b) A fine ranging from VND 5,000,000 to VND
10,000,000 shall be imposed for construction of the work requiring the
formulation of economic – technical report or construction project.

2. The following penalties shall be imposed for
executing the construction work inconsistently with the building permit (except
the cases prescribed in Point a, Point b, Point c Clause 7 of this Article)
issued to repair or renovate the construction work:

…

TVPL

Pro

để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.

Mọi chi tiết xin liên hệ: ĐT:

(028) 3930 3279

DĐ:

0906 22 99 66

Bạn phải đăng nhập hoặc đăng ký Thành Viênđể sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.Mọi chi tiết xin liên hệ:

b) A fine ranging from VND 5,000,000 to VND
10,000,000 shall be imposed for construction of single-detached house in a
sanctuary or a cultural and historical relic site, or execution of a
construction work other than the cases prescribed in Point a and Point c of
this Clause;

c) A fine ranging from VND 20,000,000 to VND
30,000,000 shall be imposed for construction of the work requiring the
formulation of economic – technical report or construction project.

3. The following penalties shall be imposed for
executing the construction works inconsistently with regulations on quality
management of construction works causing subsidence, crack or damage to
technical infrastructure facilities or adjacent works (if relevant parties fail
to reach an amicable agreement on compensation for damage in accordance with
the civil law), or causing collapse or risk of collapse to adjacent works
without causing harm to human health or life:

a) A fine ranging from VND 3,000,000 to VND
5,000,000 shall be imposed for construction of single-detached house in a rural
area or execution of a construction work other than the cases prescribed in
Point b and Point c of this Clause;

b) A fine ranging from VND 15,000,000 to VND
20,000,000 shall be imposed for construction of single-detached house in urban
area;

c) A fine ranging from VND 20,000,000 to VND
30,000,000 shall be imposed for construction of the work requiring the
formulation of economic – technical report or construction project.

4. The following penalties shall be imposed for
executing the construction work inconsistently with the building permit which
has been issued to build a new construction work (except the cases prescribed
in Point a, Point b, Point c Clause 7 of this Article):

a) A fine ranging from VND 10,000,000 to VND
20,000,000 shall be imposed for construction of single-detached house in urban
area;

b) A fine ranging from VND 20,000,000 to VND
30,000,000 shall be imposed for construction of single-detached house in a
sanctuary or a cultural and historical relic site, or execution of a
construction work other than the cases prescribed in Point a and Point c of
this Clause;

…

TVPL

Pro

để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.

Mọi chi tiết xin liên hệ: ĐT:

(028) 3930 3279

DĐ:

0906 22 99 66

Bạn phải đăng nhập hoặc đăng ký Thành Viênđể sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.Mọi chi tiết xin liên hệ:

5. The following penalties shall be imposed for
failure to obtain a building permit when executing the construction work which
requires building permit as regulated by law:

b) A fine ranging from VND 10,000,000 to VND
20,000,000 shall be imposed for construction of single-detached house in a
sanctuary or a cultural and historical relic site, or execution of a
construction work other than the cases prescribed in Point b and Point c of
this Clause;

b) A fine ranging from VND 20,000,000 to VND
30,000,000 shall be imposed for construction of single-detached house in urban
area;

c) A fine ranging from VND 30,000,000 to VND
50,000,000 shall be imposed for construction of the work requiring the
formulation of economic – technical report or construction project.

6. A fine ranging from VND 40,000,000 to VND
50,000,000 shall be imposed for construction of the work inconsistently with
the appraised and approved construction design in case of exemption from
building permit.

7. A fine ranging from VND 50,000,000 to VND
60,000,000 shall be imposed for one of the following violations:

a) Constructing the work inconsistently with the
approved construction planning;

b) Constructing the work in violation of
construction boundaries;

c) Constructing the work in violation of
construction elevations;

…

TVPL

Pro

để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.

Mọi chi tiết xin liên hệ: ĐT:

(028) 3930 3279

DĐ:

0906 22 99 66

Bạn phải đăng nhập hoặc đăng ký Thành Viênđể sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.Mọi chi tiết xin liên hệ:

dd) Extending a construction work in or encroaching
land area or space legally managed and used by another organization or
individual, or public area or shared-use area.

8. The following penalties shall be imposed for
continuing the violation after the record of such administrative violation has
been issued in accordance with regulations in Clause 2, Clause 4, Clause 5,
Clause 6 and Clause 7 of this Article:

a) A fine ranging from VND 5,000,000 to VND
10,000,000 shall be imposed for construction of single-detached house in a
sanctuary or a cultural and historical relic site, or execution of a
construction work other than the cases prescribed in Point b and Point c of
this Clause;

b) A fine ranging from VND 35,000,000 to VND 40,000,000
shall be imposed for construction of single-detached house in an urban area
other than the violations prescribed in Clause 7 of this Article;

c) A fine ranging from VND 300,000,000 to VND
350,000,000 shall be imposed for construction of the work requiring the
formulation of economic – technical report or construction project or
construction of the work in the cases prescribed in Clause 7 of this Article.

9. The following penalties shall be imposed for
repeating one of the violations prescribed in Clause 2, Clause 4, Clause 5,
Clause 6 and Clause 7 of this Article after punishment:

a) A fine ranging from VND 10,000,000 to VND
20,000,000 shall be imposed for construction of single-detached house in a
sanctuary or a cultural and historical relic site, or execution of a
construction work other than the cases prescribed in Point b and Point c of
this Clause;

b) A fine ranging from VND 70,000,000 to VND
80,000,000 shall be imposed for construction of single-detached house in an
urban area other than the violations prescribed in Clause 7 of this Article;

c) A fine ranging from VND 950,000,000 to VND
1,000,000,000 shall be imposed for construction of the work requiring the
formulation of economic – technical report or construction project or
construction of the work in the cases prescribed in Clause 7 of this Article.

…

TVPL

Pro

để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.

Mọi chi tiết xin liên hệ: ĐT:

(028) 3930 3279

DĐ:

0906 22 99 66

Bạn phải đăng nhập hoặc đăng ký Thành Viênđể sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.Mọi chi tiết xin liên hệ:

11. Remedial measures:

a) Enforced implementation of remedial measures for
environmental pollution if the violation prescribed in Clause 1 of this Article
is committed;

b) Enforced use of materials/facilities to cover
the construction work in accordance with applicable regulations and enforced
restoration to initial state if the violation prescribed in Clause 1 of this
Article is committed;

c) Enforced restoration to initial state and
compensation for damage if the violation prescribed in Clause 3 of this Article
is committed;

d) Enforced demolition of the work or work item if
one of the violations prescribed in Clause 2, Clause 4, Clause 5 (if the
violation has ended), Clause 6 and Clause 7 of this Article is committed.

12. If the construction work is in progress, the
violation prescribed in Clause 2, Clause 4 or Clause 5 of this Article shall be
handled as follows:

a) The administrative violation shall be recorded
and the organization or individual committing such violation is requested to
suspend execution of the construction work;

b) Within 60 days from the issuance of the record
of administrative violation, the organization or individual committing such
violation is required to carry out procedures for adjustments to or issuance of
a new building permit;

c) Over the time limit stated in Point b of this
Clause, if the organization or individual committing such violation fails to
present the building permit or the adjusted building permit to the officer
authorized to impose administrative penalties, such organization or individual
is liable to enforced demolition of the work or the work item built
inconsistently with the law.

…

TVPL

Pro

để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.

Mọi chi tiết xin liên hệ: ĐT:

(028) 3930 3279

DĐ:

0906 22 99 66

Bạn phải đăng nhập hoặc đăng ký Thành Viênđể sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.Mọi chi tiết xin liên hệ:

Article 16. Violations against
regulations on execution of construction works

1. A warning or a fine ranging from VND 500,000 to
VND 1,000,000 shall be imposed for any of the following violations:

a) Failure to install warning signs at the
construction site or installing warning signs lacking of prescribed
information;

b) Failure to notify duties and powers of members
of the quality management system of the investor to relevant contractors as
regulated by law;

c) Failure to specify the provision on priority to
contractors winning prizes related to quality of construction works in the
bidding documents if the contract package includes construction works;

d) Preparing as-built documentation that lacks
prescribed documents.

2. A fine ranging from VND 10,000,000 to VND
20,000,000 shall be imposed for one of the following violations:

a) Failure to organize the construction supervision
in accordance with regulations;

b) Failure to prepare as-built documentation.

…

TVPL

Pro

để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.

Mọi chi tiết xin liên hệ: ĐT:

(028) 3930 3279

DĐ:

0906 22 99 66

Bạn phải đăng nhập hoặc đăng ký Thành Viênđể sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.Mọi chi tiết xin liên hệ:

a) Failure to inspect resulting in the building
contractor’s failure to satisfy construction requirements such as personnel,
specialized construction labs or quality management system as specified in the
bid package;

b) Failure to obtain results of inspection of the
building contractor’s construction methods, and health, safety and environment
measures;

c) Failure to inspect resulting in test result
reports’ failure to comply with applicable regulations or lack of test results
as regulated.

4. A fine ranging from VND 30,000,000 to VND 40,000,000
shall be imposed for one of the following violations:

b) Failure to inspect resulting in the building
contractor’s failure to ask for an extension to the agreement on contract
performance guarantee on the prescribed schedule;

c) Execution of the construction work
inconsistently with national technical regulations or applicable standards;

d) Failure to obtain reports on test results of
building materials, components, products or equipment installed into the
construction work;

dd) Using building materials without declaration of
conformity issued in cases where building materials are subject to declaration
of conformity as regulated;

e) Failure to purchase construction works insurance
in accordance with applicable regulations.

…

TVPL

Pro

để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.

Mọi chi tiết xin liên hệ: ĐT:

(028) 3930 3279

DĐ:

0906 22 99 66

Bạn phải đăng nhập hoặc đăng ký Thành Viênđể sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.Mọi chi tiết xin liên hệ:

6. Remedial measures:

a) Enforced installation of warning signs
containing sufficient information as regulated by law at the construction site
if the violation prescribed in Point a Clause 1 of this Article is committed;

b) Enforced notification in writing of duties and
powers of members of the quality management system of the investor to relevant
contractors if the violation prescribed in Point b Clause 1 of this Article is
committed;

c) Enforced statement of provision on priority to
contractors winning prizes related to quality of construction works in the
bidding documents if the violation prescribed in Point c Clause 1 of this
Article is committed;

d) Enforced preparation of as-built documentation
as regulated by law if the violation prescribed in Point d Clause 1 or Point b
Clause 2 of this Article is committed;

dd) Enforced supervision of execution of
construction works if the violation prescribed in Point a Clause 2 of this
Article is committed;

e) Enforced performance of tests or re-testing as
regulated by law if the violation prescribed in Point c Clause 3 of this
Article is committed;

g) Enforced execution of the construction work
according to the approved execution process design by the building contractor
as requested by the investor if the violation prescribed in Point a Clause 4 of
this Article is committed;

h) Enforced submission of certification of
extension of agreement on contract performance guarantee by the building
contractor as requested by the investor if the violation prescribed in Point b
Clause 4 of this Article is committed;

…

TVPL

Pro

để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.

Mọi chi tiết xin liên hệ: ĐT:

(028) 3930 3279

DĐ:

0906 22 99 66

Bạn phải đăng nhập hoặc đăng ký Thành Viênđể sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.Mọi chi tiết xin liên hệ:

k) Enforced purchase of construction works
insurance in accordance with applicable regulations if the violation prescribed
in Point e Clause 4 of this Article is committed;

l) Enforced compliance with the proportion of
unbaked building materials used in the in-progress construction work if the
violation prescribed in Clause 5 of this Article is committed.

Article 17. Violations against
regulations on commissioning, reimbursement and statement of construction costs

1. A fine ranging from VND 10,000,000 to VND
20,000,000 shall be imposed for one of the following violations:

a) Letting a person, who fails to have a practicing
certificate for construction supervisor or whose practicing certificate is
unconformable with acceptance works, supervise or sign papers included in the
commissioning report;

b) Failure to comply with procedures or formalities
for commissioning of finished construction work;

c) Failure to send a written request to a competent
authority for inspection of commissioning of construction works in accordance
with regulations.

2. A fine ranging from VND 50,000,000 to VND
60,000,000 shall be imposed for making reimbursement of construction costs
despite lack of vouchers as required by law.

3. The following fines shall be imposed for
submission of construction cost statement to the investment decision-making
officer later than the prescribed deadline after the construction work has been
finished and put into official operation:

…

TVPL

Pro

để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.

Mọi chi tiết xin liên hệ: ĐT:

(028) 3930 3279

DĐ:

0906 22 99 66

Bạn phải đăng nhập hoặc đăng ký Thành Viênđể sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.Mọi chi tiết xin liên hệ:

b) A fine ranging from VND 50,000,000 to VND
70,000,000 shall be imposed for submission of construction cost statement after
06 months from the completion of a group-B project;

c) A fine ranging from VND 30,000,000 to VND
50,000,000 shall be imposed for submission of construction cost statement after
03 months from the completion of a group-C project.

4. A fine ranging from VND 50,000,000 to VND
60,000,000 shall be imposed for putting the entire or partial work or the work
item into official operation or use before commissioning as regulated by law.

5. A fine ranging from VND 70,000,000 to VND
80,000,000 shall be imposed for one of the following violations:

a) Commissioning of the work which is not yet
completed or specifying a work volume exceeding the actually completed volume
in the commissioning report;

b) Commissioning the construction work that fails
to satisfy the requirements for quality or species of building materials as
stated in the design or as-built documentation;

c) Handing over or putting the work item or the
construction work into operation without the written approval for commissioning
report given by a competent authority as regulated.

6. Remedial measures:

a) Enforced addition of all documents required for
reimbursement of construction costs if the violation prescribed in Clause 2 of
this Article is committed;

…

TVPL

Pro

để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.

Mọi chi tiết xin liên hệ: ĐT:

(028) 3930 3279

DĐ:

0906 22 99 66

Bạn phải đăng nhập hoặc đăng ký Thành Viênđể sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.Mọi chi tiết xin liên hệ:

c) Enforced commissioning of the construction work
or the work item within 01 month, and enforced compensation for damage to
persons having related rights and duties (if any).

d) Enforced re-commissioning according to the
actual work volume and enforced collection of amounts of money improperly paid
due to wrong commissioning report if the violation prescribed in Point a Clause
5 of this Article is committed;

dd) Enforced improvement of quality of the
construction work in conformity with the approved design if the violation
prescribed in Point b Clause 5 of this Article is committed;

e) Enforced submission of written request to a
competent authority for inspection of the construction work within 15 days if
the violation prescribed in Point c Clause 1 or Point c Clause 5 of this
Article is committed.

Article 18. Violations against
regulations on construction contracts

1. A fine ranging from VND 20,000,000 to VND
30,000,000 shall be imposed for one of the following violations:

a) Failure to enter into a joint-venture agreement
with the contractor that is a party of the construction contractor partnership;

b) Failure to prepare a construction contract in
Vietnamese language in accordance with applicable regulations.

2. A fine ranging from VND 80,000,000 to VND
100,000,000 shall be imposed for one of the following violations:

…

TVPL

Pro

để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.

Mọi chi tiết xin liên hệ: ĐT:

(028) 3930 3279

DĐ:

0906 22 99 66

Bạn phải đăng nhập hoặc đăng ký Thành Viênđể sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.Mọi chi tiết xin liên hệ:

b) Agreeing upon an advance payment percentage
higher than the prescribed one or making advance payment when the advance
payment bond is unavailable as regulated by law;

c) Failure to comply with the number of payments,
payment period, payment time or time-limit for payment as specified in the
construction contract, unless otherwise agreed upon by the parties;

d) Failure to carry out finalization or liquidation
of the contract for construction of state-funded work on the prescribed
schedule.

3. Remedial measures:

a) Enforced compliance with regulations if the
violation prescribed in Clause 1 or Point b Clause 2 of this Article is
committed;

a) Enforced application of the bid price if the
violation prescribed in Point a Clause 2 of this Article is committed;

c) Enforced payment, finalization or liquidation of
construction contract in accordance with regulations if the violation
prescribed in Point c or Point d Clause 2 of this Article is committed.

Article 19. Violations against
regulations on warranty, maintenance and operation of construction works

1. A fine ranging from VND 5,000,000 to VND
10,000,000 shall be imposed on the investor, owner or manager of the
construction work for committing one of the following violations:

…

TVPL

Pro

để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.

Mọi chi tiết xin liên hệ: ĐT:

(028) 3930 3279

DĐ:

0906 22 99 66

Bạn phải đăng nhập hoặc đăng ký Thành Viênđể sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.Mọi chi tiết xin liên hệ:

b) Failure to organize supervision or commissioning
of remedying or repairing activities of the building contractor or construction
equipment supplier.

2. A fine ranging from VND 20,000,000 to VND
30,000,000 shall be imposed on the investor, owner or manager of the
construction work for committing one of the following violations:

a) Failure to formulate the procedure for
maintenance of construction work or failure to carry out maintenance of the
construction work according to the approved maintenance procedure;

b) Failure to prepare the annual plan for
maintenance of the construction work as regulated;

c) Failure to prepare the construction work repair
documentation as regulated;

d) Failure to hand over, or delay in handover, or
insufficiently handing over the approved procedure for maintenance of the
construction work to the owner or manager of the construction work;

dd) Failure to prepare, appraise or approve the
estimate of maintenance costs of the state-funded construction work.

3. A fine ranging from VND 30,000,000 to VND
40,000,000 shall be imposed on the investor, owner or manager of the
construction work for committing one of the following violations:

a) Failure to conduct inspection or assessment of
quality of the construction work so as to request the competent authority to
consider approving extension of operation of the construction work whose
designed life has ended;

…

TVPL

Pro

để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.

Mọi chi tiết xin liên hệ: ĐT:

(028) 3930 3279

DĐ:

0906 22 99 66

Bạn phải đăng nhập hoặc đăng ký Thành Viênđể sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.Mọi chi tiết xin liên hệ:

c) Applying technical standards which have expired
to maintenance of the construction work;

d) Failure to conduct periodical assessment of
bearing capacity and safe operation of the construction work or failure to send
assessment results to competent authorities as prescribed by law;

dd) Failure to check, repair and implement
emergency measures against the construction work or the work item that denote
unsafe operation, or failure to report thereof as regulated by law;

e) Failure to perform one of the following contents
at the end of life of the construction work: Reinforcing, modifying and
repairing damage (if any) before consideration and decision on extension of
operation of the construction work; submitting report on inspection and
assessment of quality of the construction work, and repairing results (if any)
to competent authorities as prescribed by law.

4. Remedial measures:

a) Enforced approval for the procedure for
maintenance of construction work in accordance with applicable regulations if
the violation prescribed in Point a Clause 1 of this Article is committed;

b) Enforced formulation of the procedure for
maintenance of construction work or maintenance of the construction work
according to the approved maintenance procedure if the violation prescribed in
Point a Clause 2 of this Article is committed;

c) Enforced supervision and commissioning of
remedying or repairing activities, or enforced preparation of the construction
work repair documentation if the violation prescribed in Point b Clause 1 or
Point c Clause 2 of this Article is committed;

d) Enforced handover of the approved procedure for
maintenance of the construction work by investor if the violation prescribed in
Point d Clause 2 of this Article is committed;

…

TVPL

Pro

để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.

Mọi chi tiết xin liên hệ: ĐT:

(028) 3930 3279

DĐ:

0906 22 99 66

Bạn phải đăng nhập hoặc đăng ký Thành Viênđể sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.Mọi chi tiết xin liên hệ:

e) Enforced assessment of bearing capacity and safe
operation of the construction work or enforced submission of assessment results
to competent authorities if the violation prescribed in Point d Clause 3 of
this Article is committed;

g) Enforced fulfillment of duties and
implementation of necessary measures as prescribed by law if the violation
prescribed in Point dd Clause 3 of this Article is committed;

h) Enforced reinforcement, modification and repair
of damage (if any) before consideration and decision on extension of operation
of the construction work; enforced submission of reports on inspection and
assessment of quality of the construction work, and repairing results (if any)
to competent authorities as prescribed by law the violation prescribed in Point
e Clause 3 of this Article is committed.

Article 20. Violations against
regulations on management and retention of documents

1. A fine ranging from VND 10,000,000 to VND
20,000,000 shall be imposed for one of the following violations:

a) Failure to keep as-built documentation of the
construction work or keeping the as-built documentation that lacks prescribed
documents;

b) Failure to keep or insufficiently keeping the
construction planning project as regulated by law.

2. Remedial measures: Enforced retention or
addition of documents as regulated if the violation prescribed in Clause 1 of
this Article is committed.

Article 21. Violations against
regulations on construction incidents

…

TVPL

Pro

để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.

Mọi chi tiết xin liên hệ: ĐT:

(028) 3930 3279

DĐ:

0906 22 99 66

Bạn phải đăng nhập hoặc đăng ký Thành Viênđể sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.Mọi chi tiết xin liên hệ:

a) Failure to report any construction incidents to
competent authorities as regulated by law;

b) Failure to protect the scene of construction
incident or deliberately demolishing or cleaning up the incident scene without
the approval by a competent authority;

c) Failure to prepare the construction incident
documentation as regulated.

2. Remedial measures:

a) Enforced submission of written report of the
construction incident to the competent authority if the violation prescribed in
Point a Clause 1 of this Article is committed;

b) Enforced preparation of construction incident
documentation if the violation prescribed in Point c Clause 1 of this Article
is committed.

Article 22. Violations against
regulations on management of construction project

Depending on assigned duties, project management
consultants, specialized project management boards or regional project
management boards that are investors shall be liable to administrative
penalties for violations as prescribed in Article 7-21 herein.

Section 2. PENALTIES IMPOSED ON
OWNER-BUILDERS, CONTRACTORS AND RELEVANT ORGANIZATIONS AND INDIVIDUALS

…

TVPL

Pro

để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.

Mọi chi tiết xin liên hệ: ĐT:

(028) 3930 3279

DĐ:

0906 22 99 66

Bạn phải đăng nhập hoặc đăng ký Thành Viênđể sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.Mọi chi tiết xin liên hệ:

1. A fine ranging from VND 10,000,000 to VND
20,000,000 shall be imposed on persons carrying out construction works for one
of the following violations:

a) Failure to satisfy qualification requirements
for carrying out construction job, or carrying out construction job
inconsistently with the practicing certificate, or failure to possess a
practicing certificate or using an expired practicing certificate;

b) Borrowing, lending or leasing practicing
certificate for carrying out construction activities;

c) Failure by a foreigner or overseas Vietnamese,
who practices construction job in Vietnam, to carry out procedures for
conversion of practicing certificate in accordance with regulations.

2. A fine ranging from VND 20,000,000 to VND
30,000,000 shall be imposed on organizations operating in construction sector
for one of the following violations:

a) Appointing a person who fails to have a
practicing certificate or unqualified for class or type of the construction
work to hold job positions as regulated;

b) Failure to satisfy capacity requirements for
operating in construction sector as regulated;

c) Failure to have capacity certificate or using an
expired capacity certificate to operate in construction sector;

d) Failure to sign labour contracts with persons
who hold key positions as regulated by law;

…

TVPL

Pro

để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.

Mọi chi tiết xin liên hệ: ĐT:

(028) 3930 3279

DĐ:

0906 22 99 66

Bạn phải đăng nhập hoặc đăng ký Thành Viênđể sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.Mọi chi tiết xin liên hệ:

3. Apart from violations stated in Clause 2 of this
Article, a foreign contractor shall also face a fine ranging from VND
30,000,000 to VND 40,000,000 for one of the following violations:

a) Committing reporting policies;

b) Carrying out construction job in Vietnam without
obtaining a license to operate in construction sector;

c) Failure to enter into joint venture with
Vietnamese contractors or employ Vietnamese subcontractors as regulated by law;

d) Failure to publish information on the
contractor’s website about its construction activities as regulated by law;

dd) Failure to register or notify address,
telephone number, fax and email of the contractor’s executive office or
representative in charge of performing construction contract in Vietnam to
competent authorities as regulated by law;

e) Employing foreign workers other than economic
management specialists, technical specialists or skilled workers to perform
construction jobs in Vietnam which Vietnamese workers are unqualified to
perform;

g) Failure to perform the joint-venture agreement signed
with a Vietnamese contractor or failure to employ Vietnamese subcontractors as
identified in the application for a license to operate in construction sector;

h) Failure to divide specific contents, volume or
value of construction works undertaken by the Vietnamese contractor in the
joint-venture agreement or by Vietnamese subcontractors;

…

TVPL

Pro

để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.

Mọi chi tiết xin liên hệ: ĐT:

(028) 3930 3279

DĐ:

0906 22 99 66

Bạn phải đăng nhập hoặc đăng ký Thành Viênđể sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.Mọi chi tiết xin liên hệ:

4. Additional penalties:

a) Suspend the practicing certificate for 06 – 12
months if the violation prescribed in Point a or Point b Clause 1 of this
Article is committed;

b) Suspend construction activities for 03 – 06 months
if the violation specified in Point b Clause 2 of this Article is committed;

c) Suspend construction activities for 06 – 12
months in case of lack of capacity certificate; suspend construction activities
for 03 – 06 months in case of use of expired capacity certificate if the
violation prescribed in Point c Clause 2 of this Article is committed;

d) Suspend construction activities in Vietnam up to
24 months if the violation prescribed in Point b Clause 3 of this Article is
committed.

5. Remedial measures:

a) Enforced report to issuing authority to revoke
or nullify practicing certificate if the violation prescribed in Point b Clause
1 of this Article is committed;

b) Enforced completion of conversion of practicing
certificate if the violation prescribed in Point c Clause 1 of this Article is
committed;

c) Enforced appointment of qualified persons or who
possess appropriate practicing certificate if the violation prescribed in Point
a Clause 2 of this Article is committed;

…

TVPL

Pro

để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.

Mọi chi tiết xin liên hệ: ĐT:

(028) 3930 3279

DĐ:

0906 22 99 66

Bạn phải đăng nhập hoặc đăng ký Thành Viênđể sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.Mọi chi tiết xin liên hệ:

dd) Enforced appointment of persons who possess
appropriate professional training certificate if the violation prescribed in
Point dd Clause 2 of this Article is committed;

e) Enforced submission of reports to competent
authorities if the violation prescribed in Point a Clause 3 of this Article is
committed;

g) Enforced application for a license to operate in
construction sector if the violation prescribed in Point b Clause 3 of this
Article is committed;

h) Enforced compliance by contractor with
commitments as regulated by the law of Vietnam if the violation prescribed in
Point c Clause 3 of this Article is committed;

i) Enforced publishing of information or addition
of information to be published if the violation prescribed in Point d Clause 3
of this Article is committed;

k) Enforced registration or notification of
information as regulated by law if the violation prescribed in Point dd Clause
3 of this Article is committed;

l) Enforced performance of procedures for returning
home for foreign workers if the violation prescribed in Point e Clause 3 of
this Article is committed;

m) Enforced compliance by contractor with the law
of Vietnam if the violation prescribed in Point g Clause 3 of this Article is
committed;

n) Enforced addition of specific contents, volume
or value of construction works undertaken by Vietnamese contractor to the
joint-venture agreement signed with the foreign contractor or by Vietnamese
subcontractors to agreements signed with the foreign contractor if the
violation prescribed in Point h Clause 3 of this Article is committed;

…

TVPL

Pro

để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.

Mọi chi tiết xin liên hệ: ĐT:

(028) 3930 3279

DĐ:

0906 22 99 66

Bạn phải đăng nhập hoặc đăng ký Thành Viênđể sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.Mọi chi tiết xin liên hệ:

Article 24. Violations against
regulations on bid package

1. A fine ranging from VND 20,000,000 to VND
30,000,000 shall be imposed on contractor for failure to meet capacity
requirements as specified in the bid package or arrangement of personnel or
building materials and equipment to execute the construction work
inconsistently with the bid package or bid results.

2. Remedial measures: Enforced compliance with
commitments specified in the bid package or bid results if the violation
prescribed in Clause 1 of this Article is committed.

Article 25. Violations against
national technical regulations, applicable standards, regulations on use of
data and documents in construction activities

1. A fine ranging from VND 10,000,000 to VND
20,000,000 shall be imposed for application of foreign standards without the
approval by the investment decision-making officer.

2. A fine ranging from VND 20,000,000 to VND
40,000,000 shall be imposed for reference to test results provided by specialized
construction laboratories that fail to meet capacity requirements as
established by law.

3. A fine ranging from VND 40,000,000 to VND
60,000,000 shall be imposed for use of ungrounded data and/or documents.

4. A fine ranging from VND 60,000,000 to VND
80,000,000 shall be imposed for failure to apply or improperly applying
national technical regulations or applicable standards.

5. Remedial measures:

…

TVPL

Pro

để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.

Mọi chi tiết xin liên hệ: ĐT:

(028) 3930 3279

DĐ:

0906 22 99 66

Bạn phải đăng nhập hoặc đăng ký Thành Viênđể sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.Mọi chi tiết xin liên hệ:

b) Enforced application of national technical
regulations or applicable standards if the violation prescribed in Clause 4 of
this Article is committed.

1. A fine ranging from VND 20,000,000 to VND
30,000,000 shall be imposed for one of the following violations:

a) Using personnel, equipment and/or laboratory
unconformable with the approved construction survey technical plan;

b) Test result reports’ failure to specify all
prescribed contents;

c) Failure to keep survey samples or documents as
prescribed by law;

d) Failure to restore the scene upon completion of
survey activities.

2. A fine ranging from VND 30,000,000 to VND
40,000,000 shall be imposed for one of the following violations:

a) Preparing survey tasks, construction survey
technical plan or survey report with insufficient contents as regulated by law;
accepting a construction survey report that fails to include all contents as regulated
by law;

b) Preparing a construction survey technical plan
inconsistently with construction survey tasks or applicable standards or
national technical regulations on construction surveying;

…

TVPL

Pro

để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.

Mọi chi tiết xin liên hệ: ĐT:

(028) 3930 3279

DĐ:

0906 22 99 66

Bạn phải đăng nhập hoặc đăng ký Thành Viênđể sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.Mọi chi tiết xin liên hệ:

d) Conducting surveys before the construction
survey task or the construction survey technical plan is given approval or in
contravention of survey procedures as established by law;

dd) Failure to conduct surveys according to the
approved survey task or survey technical plan;

e) Failure to implement measures for quality
control in surveys in conformity with the construction survey technical plan;

g) Failure to purchase professional liability
insurance as regulated by law.

3. A fine ranging from VND 40,000,000 to VND
50,000,000 shall be imposed for one of the following violations:

a) Preparing survey documents or figures
inconsistently with the reality or applicable regulations resulting in
adjustment of the construction design;

b) Failure to implement measures for ensuring
safety of people and equipment of technical infrastructure and of the
construction work as well as protecting environment and landscape at the
surveying site.

4. Remedial measures:

a) Enforced cancellation of survey results,
documents and data that are inconsistent with the reality or applicable
regulations, and enforced cancellation of test result report if one of the violations
prescribed in Point a, Point b Clause 1 and Point a Clause 3 of this Article is
committed;

…

TVPL

Pro

để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.

Mọi chi tiết xin liên hệ: ĐT:

(028) 3930 3279

DĐ:

0906 22 99 66

Bạn phải đăng nhập hoặc đăng ký Thành Viênđể sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.Mọi chi tiết xin liên hệ:

c) Enforced implementation of measures for quality
control in surveys if the violation prescribed in Point e Clause 2 of this
Article is committed;

d) Enforced purchase of professional liability
insurance if the violation prescribed in Point g Clause 2 of this Article is
committed.

Article 27. Violations against
regulations on construction planning

1. A fine ranging from VND 5,000,000 to VND
10,000,000 shall be imposed for formulating regional planning, special-purpose
zone planning, urban planning, rural planning or technical infrastructure
planning in which planning period exceeds the prescribed one.

2. A fine ranging from VND 15,000,000 to VND 20,000,000
shall be imposed for one of the following violations:

a) Failure to specify name or signature of the
planning project manager, the design leader or the legal representative of the
contractor or the contractor’s seal;

b) Using topographic maps to formulate planning
project inconsistently with regulations.

3. A fine ranging from VND 20,000,000 to VND
30,000,000 shall be imposed for one of the following violations:

a) Preparing planning task which lacks any
prescribed contents;

…

TVPL

Pro

để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.

Mọi chi tiết xin liên hệ: ĐT:

(028) 3930 3279

DĐ:

0906 22 99 66

Bạn phải đăng nhập hoặc đăng ký Thành Viênđể sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.Mọi chi tiết xin liên hệ:

c) Lack of any required documents of the
application for appraisal of, or approval for, or the request for opinions
about the construction planning task or project;

d) Failure to obtain certification by a competent
authority on the construction planning drawing upon issuance of decision on
approval thereof;

dd) Failure to send the approved construction
planning dossier to the competent construction planning authority for retention
as prescribed by law.

4. A fine ranging from VND 50,000,000 to VND
70,000,000 shall be imposed for one of the following violations:

a) Lack of any required notes or drawing components
or contents of the planning project;

b) Failure to prepare urban design or preparing an
urban design which lacks any required drawings or contents;

c) Formulating the general construction planning
inconsistently with the regional construction planning; or formulating the construction
sub-zone planning inconsistently with the general construction planning; or
formulating the detailed construction planning inconsistently with the
construction sub-zone planning; or formulating the detailed rural residential
quarter construction planning inconsistently with the general communal
construction planning;

d) Failure to publish information about the
construction planning project given approved by a competent authority in
accordance with applicable regulations.

5. Remedial measures:

…

TVPL

Pro

để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.

Mọi chi tiết xin liên hệ: ĐT:

(028) 3930 3279

DĐ:

0906 22 99 66

Bạn phải đăng nhập hoặc đăng ký Thành Viênđể sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.Mọi chi tiết xin liên hệ:

b) Enforced re-formulation of planning task or
submission of application for appraisal of or approval for, or request for
getting opinions if the violation prescribed in Point a or Point c Clause 3 of
this Article is committed;

c) Enforced collection of opinions from relevant
authorities, organizations, individuals or residential communities if the
violation prescribed in Point b Clause 3 of this Article is committed;

d) Enforced submission of the approved construction
planning dossier to the competent construction planning authority for retention
if the violation prescribed in Point dd Clause 3 of this Article is committed;

dd) Enforced re-preparation or re-formulation of
notes to or drawings of the construction planning project or the urban design
if the violation prescribed in Point a, Point b or Point c Clause 4 of this
Article is committed;

e) Enforced publishing of information about the
approved construction planning project if the violation prescribed in Point d
Clause 4 of this Article is committed.

Article 28. Violations against
regulations on appraisal of construction project, design and cost estimate

1. A fine ranging from VND 20,000,000 to VND
30,000,000 shall be imposed for one of the following violations:

a) Carrying out appraisal of a construction project
which it formulated or the construction work which it designed;

b) Reporting inaccurate appraisal results.

…

TVPL

Pro

để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.

Mọi chi tiết xin liên hệ: ĐT:

(028) 3930 3279

DĐ:

0906 22 99 66

Bạn phải đăng nhập hoặc đăng ký Thành Viênđể sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.Mọi chi tiết xin liên hệ:

a) 30 days in case of appraisal of a nationally
significant project;

b) 20 days in case of appraisal of a group-A
project;

c) 15 days in case of appraisal of a group-B
project;

d) 10 days in case of appraisal of a group-C
project.

Article 29. Violations against
regulations on construction design and cost estimate

1. A fine ranging from VND 10,000,000 to VND
20,000,000 shall be imposed for one of the following violations:

a) Preparing construction design inconsistently
with regulations;

b) Failure to comply with procedures for adjustments
to the construction design;

c) Carrying out the following step of a
construction design when the previous step of the same is not yet approved or
inconsistently with the approved previous design step.

…

TVPL

Pro

để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.

Mọi chi tiết xin liên hệ: ĐT:

(028) 3930 3279

DĐ:

0906 22 99 66

Bạn phải đăng nhập hoặc đăng ký Thành Viênđể sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.Mọi chi tiết xin liên hệ:

a) Identifying producers or suppliers of building
materials or equipment in the construction design of a state-funded work;

b) Failure to specify the use of unbaked building
materials in the construction design of the work which requires the use of
unbaked building materials, or failure to ensure the portion of unbaked
building materials as prescribed by law, or failure to comply with regulations
on use of materials in construction;

c) Preparing the safety design in excess of
standards applicable to a state-funded work;

d) Failing to conduct acceptance of construction
design or conducting acceptance of construction design inconsistently with
applicable regulations;

dd) Developing construction methods that fail to
satisfy economic – technical requirements;

e) Determining grade of soil or stone
inconsistently with survey results, or calculations of transportation distance
or vehicles unconformable with the actuality of a state-funded work;

g) Applying or using norms unconformable with work
contents resulting in an increase in costs specified in the cost estimate of a
state-funded construction work;

h) Setting prices of materials or equipment
inconsistently with the prices announced or quoted by suppliers or market
prices applied to the region where the project is executed at the time of
preparing the cost estimate of a state-funded construction work;

i) Specifying volumes in the construction cost
estimate while design drawings of auxiliary works are unavailable, or preparing
the construction cost estimate in which volumes are unconformable with volumes
calculated according to the design drawing of a state-funded construction work.

…

TVPL

Pro

để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.

Mọi chi tiết xin liên hệ: ĐT:

(028) 3930 3279

DĐ:

0906 22 99 66

Bạn phải đăng nhập hoặc đăng ký Thành Viênđể sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.Mọi chi tiết xin liên hệ:

a) Failure to specify or insufficiently specifying
standards or features of building materials, equipment and components in the
construction design;

b) Issuing design dossier to the work which
requires geological surveys before having survey results or inconsistently with
survey results as regulated by law;

c) Failure to use sample or typical design for the
work which requires use of sample or typical design;

d) Failure to comply with regulations on environmental
protection, firefighting and prevention, and response to climate change, and
other safety requirements in course of design;

dd) Failure to conduct designer’s supervision in
course of execution of the construction work;

e) Failure to purchase professional liability
insurance as regulated by law.

4. Additional penalties:

Suspend the practicing certificate of design leader
or manager for 06 – 12 months, depending on the severity of the violation, if
the violation prescribed in Clause 2 or Clause 3 of this Article is committed.

5. Remedial measures:

…

TVPL

Pro

để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.

Mọi chi tiết xin liên hệ: ĐT:

(028) 3930 3279

DĐ:

0906 22 99 66

Bạn phải đăng nhập hoặc đăng ký Thành Viênđể sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.Mọi chi tiết xin liên hệ:

b) Enforced adoption of construction methods or
re-formulation of cost estimate as regulated by law if the violation prescribed
in Point c, Point dd, Point e, Point g, Point h or Point i Clause 2 of this
Article is committed;

c) Enforced performance of acceptance testing of
construction design in accordance with applicable regulations if the violation
prescribed in Point d Clause 2 of this Article is committed;

d) Enforced re-design according to the survey
results if the violation prescribed in Point b Clause 3 of this Article is
committed;

dd) Enforced purchase of professional liability
insurance if the violation prescribed in Point e Clause 3 of this Article is
committed.

Article 30. Violations against
regulations on construction order

1. The following penalties shall be imposed for
executing the construction work without coverage as regulated by law or letting
building materials fall outside the construction site or improperly placing
building materials at the construction site:

b) A fine ranging from VND 5,000,000 to VND
10,000,000 shall be imposed for construction of the work requiring the
formulation of economic – technical report or construction project.

2. The following penalties shall be imposed for
executing the construction works inconsistently with regulations on quality
management of construction works causing subsidence, crack or damage to
technical infrastructure facilities or adjacent works (if relevant parties fail
to reach an amicable agreement on compensation for damage in accordance with
the civil law), or causing collapse or risk of collapse to adjacent works
without causing harm to human health or life:

…

TVPL

Pro

để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.

Mọi chi tiết xin liên hệ: ĐT:

(028) 3930 3279

DĐ:

0906 22 99 66

Bạn phải đăng nhập hoặc đăng ký Thành Viênđể sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.Mọi chi tiết xin liên hệ:

b) A fine ranging from VND 15,000,000 to VND
20,000,000 shall be imposed for construction of single-detached house in urban
area;

c) A fine ranging from VND 20,000,000 to VND
30,000,000 shall be imposed for construction of the work requiring the
formulation of economic – technical report or construction project.

3. The following penalties shall be imposed on
contractors for continuing the execution of construction work whose investor is
liable to a record of administrative violation specified in Clause 2, Clause 4,
Clause 5, Clause 6 or Clause 7 Article 15 herein:

a) A fine ranging from VND 40,000,000 to VND
50,000,000 shall be imposed for construction of single-detached house in urban
area;

b) A fine ranging from VND 50,000,000 to VND
60,000,000 shall be imposed for construction of single-detached house in a
sanctuary or a cultural and historical relic site, or execution of a
construction work other than the cases prescribed in Point a and Point c of
this Clause;

c) A fine ranging from VND 60,000,000 to VND
70,000,000 shall be imposed for construction of the work requiring the
formulation of economic – technical report or construction project.

4. Remedial measures:

a) Enforced restoration to the initial state or
enforced addition of facilities or measures for covering the construction work
as regulated by law if the violation prescribed in Clause 1 or Clause 2 of this
Article is committed;

b) Enforced compensation for damage as regulated by
law if the violation prescribed in Clause 2 of this Article is committed.

…

TVPL

Pro

để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.

Mọi chi tiết xin liên hệ: ĐT:

(028) 3930 3279

DĐ:

0906 22 99 66

Bạn phải đăng nhập hoặc đăng ký Thành Viênđể sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.Mọi chi tiết xin liên hệ:

1. A fine ranging from VND 5,000,000 to VND
10,000,000 shall be imposed for failure to keep construction safety log or
failure to sufficiently and properly record required contents in the
construction safety log as regulated by law.

2. A fine ranging from VND 20,000,000 to VND
30,000,000 shall be imposed for any of the following violations:

a) Letting workers who fail to wear personal
protective equipment or safety working clothing as regulated by law work at the
construction site;

b) Failure to take measures to ensure safety of
workers, construction equipment and heavy-duty vehicles as well as the
construction work before executing construction tasks;

c) Using construction equipment that lacks
certificate of sale as required by law, or lacks certificate of inspection or
has an expired certificate of inspection;

d) Failure to install warning signs at the
construction site so as to prevent unexpected accidents, or failure to arrange
site inspectors;

dd) Using workers who does not yet attend training
courses in occupational safety in construction.

3. A fine ranging from VND 30,000,000 to VND
40,000,000 shall be imposed for one of the following violations:

a) Committing violations against regulations on
procedures for demolition of construction work;

…

TVPL

Pro

để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.

Mọi chi tiết xin liên hệ: ĐT:

(028) 3930 3279

DĐ:

0906 22 99 66

Bạn phải đăng nhập hoặc đăng ký Thành Viênđể sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.Mọi chi tiết xin liên hệ:

4. Remedial measures:

a) Enforced provision of personal protective
equipment or safety working clothing for construction workers as regulated by law
if the violation prescribed in Point a Clause 2 of this Article is committed;

b) Enforced adoption of measures to ensure safety
of workers, construction equipment and heavy-duty vehicles as well as the
construction work before executing construction tasks if the violation
prescribed in Point b Clause 2 of this Article is committed;;

c) Enforced use of construction equipment that has
valid certificate of sale and certificate of inspection as regulated by law if
the violation prescribed in Point c Clause 2 of this Article is committed;

d) Enforced installation of warning signs and
arrangement of inspectors at the construction site so as to prevent unexpected
accidents if the violation prescribed in Point d Clause 2 of this Article is
committed;

dd) Enforced organization of training courses in
occupational safety in construction if the violation prescribed in Point dd
Clause 2 of this Article is committed;

e) Enforced compliance with regulations on
procedures for demolition of construction work if the violation prescribed in
Point a Clause 3 of this Article is committed;

g) Enforced purchase of insurance for construction
works if the violation prescribed in Point b Clause 3 of this Article is
committed.

Article 32. Violations against
regulations on execution of construction works

…

TVPL

Pro

để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.

Mọi chi tiết xin liên hệ: ĐT:

(028) 3930 3279

DĐ:

0906 22 99 66

Bạn phải đăng nhập hoặc đăng ký Thành Viênđể sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.Mọi chi tiết xin liên hệ:

a) Failure to keep records of inspection of
construction machinery and equipment before using them to execute construction tasks;

b) Failure to transfer the site or move building
materials, machinery, equipment and other assets of the contractor of out the
finished construction work which has been commissioned and handed over as
regulated by law (unless otherwise agreed upon in the signed contract);

c) Failure to keep construction daily log or
keeping a construction daily log prepared inconsistently with applicable
regulations;

d) Loss of positioning landmarks or boundary
markers.

2. A fine ranging from VND 10,000,000 to VND 20,000,000
shall be imposed for failure to obtain the investor’s approval for one of the
following contents:

a) Plans for performance of tests, quality
inspection, monitoring, and measurement of technical indicators of the
construction work according to the construction design or technical
instructions;

b) Measures for inspection or control of quality of
materials, products, components and equipment used to build the construction
work; the execution process design (which specifies measures for protection of
safety of workers, construction machinery and equipment and the construction
work);

c) Plan for inspection and commissioning of
construction tasks, commissioning of execution phase or items of the
construction work, or commissioning of finished work item/construction work.

3. A fine ranging from VND 10,000,000 to VND
20,000,000 shall be imposed for failure to prepare construction quality control
documentation as regulated by law or preparing the construction quality control
documentation inconsistently with the actual time at the construction site.

…

TVPL

Pro

để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.

Mọi chi tiết xin liên hệ: ĐT:

(028) 3930 3279

DĐ:

0906 22 99 66

Bạn phải đăng nhập hoặc đăng ký Thành Viênđể sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.Mọi chi tiết xin liên hệ:

a) Failure to comply with the design on use of
building materials;

b) Failure to make as-built drawing as regulated by
law or making an as-built drawing inconsistently with the actual execution
tasks.

5. A fine ranging from VND 30,000,000 to VND
40,000,000 shall be imposed for one of the following violations:

a) Using building materials, building components or
technology equipment that lack certificate of origin or quality certificate as
regulated by law;

b) Executing the construction work inconsistently
with the approved design or technical instructions;

c) Lack of test results as regulated; acceptance of
building materials whose quality fails to satisfy technical requirements or
lack quality-related documents;

d) Executing the construction work inconsistently
with the approved execution process design;

dd) Failure to conduct surveying or monitoring of
the construction work according to design requirements approved by the investor
or failure to carry out on-line testing or off-line testing according to the
commissioning plan approved by the investor before requesting for
commissioning.

6. A fine ranging from VND 40,000,000 to VND
50,000,000 shall be imposed for one of the following violations:

…

TVPL

Pro

để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.

Mọi chi tiết xin liên hệ: ĐT:

(028) 3930 3279

DĐ:

0906 22 99 66

Bạn phải đăng nhập hoặc đăng ký Thành Viênđể sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.Mọi chi tiết xin liên hệ:

b) Failure to specify organizational chart and
duties of each individual and departments related to the construction quality
control in the quality control system.

7. Remedial measures:

a) Enforced preparation of records of inspection of
construction machinery and equipment before using them to execute construction
tasks if the violation prescribed in Point a Clause 1 of this Article is
committed;

b) Enforced transfer of the site and moving of
building materials, machinery, equipment and other assets of the contractor of
out the construction site if the violation prescribed in Point b Clause 1 of
this Article is committed;

c) Enforced preparation of construction daily log
in accordance with applicable regulations if the violation prescribed in Point
c Clause 1 of this Article is committed;

d) Enforced determination of positioning landmarks
or boundary markers if the violation prescribed in Point d Clause 1 of this
Article is committed;

dd) Enforced preparation of construction quality
control documentation in consistent with the actual time at the construction
site if the violation prescribed in Clause 3 of this Article is committed;

e) Enforced use of building materials according to
the approved design of the in-progress construction work if the violation prescribed
in Point a Clause 4 of this Article is committed;

g) Enforced preparation of as-built drawing in
conformity with the actual execution tasks if the violation prescribed in Point
b Clause 4 of this Article is committed;

…

TVPL

Pro

để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.

Mọi chi tiết xin liên hệ: ĐT:

(028) 3930 3279

DĐ:

0906 22 99 66

Bạn phải đăng nhập hoặc đăng ký Thành Viênđể sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.Mọi chi tiết xin liên hệ:

i) Enforced performance of surveying or monitoring
of the construction work in accordance with regulations or enforced performance
of on-line testing and off-line testing in accordance with regulations before
requesting for commissioning if the violation prescribed in Point dd Clause 5
of this Article is committed;

k) Enforced establishment of quality control system
in conformity with the scale of the construction work if the violation
prescribed in Point a Clause 6 of this Article is committed;

l) Enforced establishment of the quality control
system which must specify organizational chart and duties of each individual
and departments related to the construction quality control if the violation
prescribed in Point b Clause 6 of this Article is committed.

Article 33. Violations against
regulations on construction supervision

1. A fine ranging from VND 40,000,000 to VND
50,000,000 shall be imposed for one of the following violations:

a) Failure to supervision construction tasks as
regulated;

b) Signing commissioning report when lack of
practicing certificate for construction supervisor or possessing a practicing
certificate unconformable with commissioning tasks;

c) Failure to prepare report on construction
supervision as regulated.

2. A fine ranging from VND 50,000,000 to VND
60,000,000 shall be imposed for one of the following violations:

…

TVPL

Pro

để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.

Mọi chi tiết xin liên hệ: ĐT:

(028) 3930 3279

DĐ:

0906 22 99 66

Bạn phải đăng nhập hoặc đăng ký Thành Viênđể sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.Mọi chi tiết xin liên hệ:

b) Letting building contractor execute the
construction work inconsistently with the approved construction design, or fail
to use the required building materials, or execute the construction work
inconsistently with the approved execution process design;

c) Letting building contractor fail to use unbaked
building materials to execute the construction work which requires the use of
those.

3. Remedial measures:

a) Enforced supervision of construction tasks in
compliance with regulations if the violation prescribed in Point a Clause 1 of
this Article is committed;

b) Enforced preparation of report on construction
supervision if the violation prescribed in Point c Clause 1 of this Article is
committed;

c) Enforced nullification of supervision results if
the violation prescribed in Point a Clause 2 of this Article is committed;

d) Enforced use of unbaked building materials to
build the remaining work items if the violation prescribed in Point c Clause 2
of this Article is committed.

Article 34. Violations against
regulations on commissioning and payment for finished work volume

1. A fine ranging from VND 10,000,000 to VND
15,000,000 shall be imposed for failure to carry out commissioning tasks as
regulated by law or commissioning the construction work inconsistently with
commissioning procedure established by law.

…

TVPL

Pro

để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.

Mọi chi tiết xin liên hệ: ĐT:

(028) 3930 3279

DĐ:

0906 22 99 66

Bạn phải đăng nhập hoặc đăng ký Thành Viênđể sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.Mọi chi tiết xin liên hệ:

3. A fine ranging from VND 50,000,000 to VND
60,000,000 shall be imposed for one of the following violations:

a) Accepting the work which is not yet completed or
accepting a work volume exceeding the actually completed volume;

b) Commissioning the construction work which fails
to satisfy quality requirements, or is inconsistent with applicable standards/
national technical regulations, of fails to satisfy requirements of the
construction design;

c) Commissioning the completion of work items or
the construction work when the report on commissioning of fire system is
unavailable as regulated.

4. A fine ranging from VND 80,000,000 to VND
100,000,000 shall be imposed for transfer of the construction work to its owner
or manager before it is duly commissioned in accordance with applicable
regulations.

5. Remedial measures:

a) Enforced commissioning or re-commissioning of
the construction work if the violation prescribed in Clause 1 of this Article
is committed;

b) Enforced nullification of commissioning results
if the violation prescribed in Point a or Point b Clause 3 of this Article is
committed, and enforced recovery of amounts paid if the violation prescribed in
Point a Clause 3 of this Article is committed;

c) Enforced obtainment of the report on
commissioning of fire systems if the violation prescribed in Point c Clause 3
of this Article is committed;

…

TVPL

Pro

để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.

Mọi chi tiết xin liên hệ: ĐT:

(028) 3930 3279

DĐ:

0906 22 99 66

Bạn phải đăng nhập hoặc đăng ký Thành Viênđể sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.Mọi chi tiết xin liên hệ:

Article 35. Violations against
regulations on construction contracts

A fine ranging from VND 20,000,000 to VND
30,000,000 shall be imposed for one of the following violations:

1. Failure to enter into a joint-venture agreement
with the contractor that is a party of the construction contractor partnership.

2. Failure to prepare a construction contract in
Vietnamese language in accordance with applicable regulations.

Article 36. Violations against
regulations on warranty and maintenance of construction works

1. A fine ranging from VND 15,000,000 to VND
20,000,000 shall be imposed for failure to discharge warranty liability as
regulated by law.

2. A fine ranging from VND 20,000,000 to VND
30,000,000 shall be imposed for failure to establish the maintenance procedure
or establishment of the maintenance procedure that fails to specify all
contents as regulated.

3. Remedial measures: Enforced establishment
of maintenance procedure in accordance with applicable regulations if the
violation prescribed in Clause 2 of this Article is committed.

Article 37. Violations against
regulations on retention of documents

…

TVPL

Pro

để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.

Mọi chi tiết xin liên hệ: ĐT:

(028) 3930 3279

DĐ:

0906 22 99 66

Bạn phải đăng nhập hoặc đăng ký Thành Viênđể sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.Mọi chi tiết xin liên hệ:

a) The surveying or designing contractor’s failure
to keep construction survey or design documentation as regulated by law;

b) The supervising contractor’s failure to keep
documents related to the construction supervision as regulated by law;

c) The building contractor’s failure to keep
construction quality control documentation as regulated by law;

d) Failure to keep testing documents, sample
submission forms and test reports when conducting specialized tests in
construction;

dd) Failure to keep or improperly keeping documents
related to professional training courses in construction which have been
organized in accordance with applicable regulations.

2. Remedial measures: Enforced retention of
documents in accordance with applicable regulations if the violation prescribed
in Clause 1 of this Article is committed.

Article 38. Violations against
regulations on inspection, testing and training in construction

1. A fine ranging from VND 40,000,000 to VND
50,000,000 shall be imposed for one of the following violations against
regulations on inspection:

a) Failure to comply with procedure for quality
inspection;

…

TVPL

Pro

để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.

Mọi chi tiết xin liên hệ: ĐT:

(028) 3930 3279

DĐ:

0906 22 99 66

Bạn phải đăng nhập hoặc đăng ký Thành Viênđể sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.Mọi chi tiết xin liên hệ:

c) Concurrently conducting construction supervision
and quality inspection of the same state-funded construction work.

2. A fine ranging from VND 50,000,000 to VND
60,000,000 shall be imposed for one of the following violations against
regulations on specialized tests in construction:

a) Failure to obtain certificate of eligibility to
conduct specialized tests in construction from a competent authority or failure
to satisfy capacity requirements as established by law;

b) Conducting tests and providing testing reports
inconsistently with applicable regulations; making test report which contains
inaccurate information or whose contents are different from those specified in
the record of test results.

3. A fine ranging from VND 40,000,000 to VND
50,000,000 shall be imposed for failure to satisfy eligibility requirements for
organization of professional training courses in construction.

4. Remedial measures:

a) Request the competent authority to revoke
certificate of eligibility to conduct specialized tests in construction if the
violation prescribed in Point b Clause 2 of this Article is committed;

b) Enforced nullification of training results and
refund of tuition fees if the violation prescribed in Clause 3 of this Article
is committed.

Chapter III

…

TVPL

Pro

để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.

Mọi chi tiết xin liên hệ: ĐT:

(028) 3930 3279

DĐ:

0906 22 99 66

Bạn phải đăng nhập hoặc đăng ký Thành Viênđể sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.Mọi chi tiết xin liên hệ:

Article 39. Violations against
regulations on planning for development of building material products, planning
for use of minerals as building materials; extraction and processing of
minerals used in construction, and production of building materials

1. A fine ranging from VND 20,000,000 to VND
40,000,000 shall be imposed for failure to satisfy capacity requirements for
formulation of planning for development of building material products or
planning for use of minerals as building materials.

2. A fine ranging from VND 30,000,000 to VND
50,000,000 shall be imposed for failure to comply with national technical
regulations on production of building materials.

3. A fine ranging from VND 60,000,000 to VND
70,000,000 shall be imposed for investment in and construction of a project on
production of building materials inconsistently with the planning for
development of building material products given approval by a competent
authority.

4. A fine ranging from VND 60,000,000 to VND
70,000,000 shall be imposed on building material producer for one of the
following violations committed in course of treatment and use of waste products
as raw materials or fuels to produce building materials:

a) Using a warehouse which fails to satisfy
technical requirements to store waste products;

b) Failure to conduct treatment of waste products
or use of treated waste products which fail to meet technical
regulations/standards as raw materials or fuels to produce building materials.

5. A fine ranging from VND 70,000,000 to VND
80,000,000 shall be imposed on thermoelectric plants, chemical fertilizer
plants or metallurgical plants for committing one of the following violations:

a) Giving approval for an investment project on new
construction, expansion or modification of production facility which does not
include design of line or system for treatment of ash, slag and gypsum as
regulated by law;

…

TVPL

Pro

để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.

Mọi chi tiết xin liên hệ: ĐT:

(028) 3930 3279

DĐ:

0906 22 99 66

Bạn phải đăng nhập hoặc đăng ký Thành Viênđể sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.Mọi chi tiết xin liên hệ:

c) Failure to hire qualified entity to perform
classification and preliminary treatment of ash, slag and gypsum in case of
failure to satisfy eligibility requirements for classification and preliminary
treatment of ash, slag and gypsum in accordance with national regulations and
standards to use as raw materials to produce building materials.

6. A fine ranging from VND 70,000,000 to VND
80,000,000 shall be imposed on the entity that is hired to perform
classification and preliminary treatment of ash, slag and gypsum for committing
one of the following violations:

a) Failure to satisfy eligibility requirements for
classification and preliminary treatment of ash, slag and gypsum as regulated
by law;

b) Failure to perform classification and preliminary
treatment or failure to comply with national regulations and standards on
classification and preliminary treatment of ash, slag and gypsum used as raw
materials to produce building materials.

7. Additional penalties: Suspend extraction or
processing of minerals to use as building materials, or suspend treatment and
use of waste products to produce building materials for 06 – 12 months if the
violation prescribed in Clause 3, Clause 4, Clause 5 or Clause 6 of this
Article is committed.

8. Remedial measures:

a) Enforced demolition of the work or work items
built inconsistently with regulations if the violation prescribed in Clause 3
of this Article is committed;

b) Enforced implementation of measures for treatment
of environmental pollution (if any) if the violation prescribed in Point a
Clause 4, Point b Clause 5 or Point b Clause 6 of this Article is committed.

Article 40. Violations against
regulations on trading of minerals used as building materials

…

TVPL

Pro

để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.

Mọi chi tiết xin liên hệ: ĐT:

(028) 3930 3279

DĐ:

0906 22 99 66

Bạn phải đăng nhập hoặc đăng ký Thành Viênđể sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.Mọi chi tiết xin liên hệ:

a) Failure to report or submitting reports on
export of minerals used as building materials to competent authorities
inconsistently with regulations;

b) Failure to retain or insufficiently retaining
documents related to export of minerals.

2. A fine ranging from VND 80,000,000 to VND
100,000,000 shall be imposed for export of minerals as building materials which
are not included in the list of minerals to be exported or which fail to
satisfy export requirements (unless otherwise regulated).

3. Additional penalties: Suspend export of minerals
as building materials for 6 – 12 months if the violation prescribed in Clause 2
of this Article is committed.

Article 41. Violations against
regulations on production and trading of building materials with use of white
asbestos from serpentine family (hereinafter referred to as “asbestos”)

1. A fine ranging from VND 40,000,000 to VND
50,000,000 shall be imposed on users of asbestos-containing building materials
for one of the following violations:

a) Using asbestos-containing building materials
when they are not yet granted certificates of conformity;

b) Failure to take necessary measures to control
generation of asbestos dust while using asbestos-containing building materials;

c) Failure to collect or transport into designated
place scrap from asbestos-containing building materials;

…

TVPL

Pro

để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.

Mọi chi tiết xin liên hệ: ĐT:

(028) 3930 3279

DĐ:

0906 22 99 66

Bạn phải đăng nhập hoặc đăng ký Thành Viênđể sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.Mọi chi tiết xin liên hệ:

2. A fine ranging from VND 50,000,000 to VND
70,000,000 shall be imposed on organizations or individuals that produce
building materials with use of asbestos for committing one of the following
violations:

a) Using asbestos whose origin is unidentified as
regulated;

b) Letting the level of asbestos fiber in the
production area exceeding the prescribed limit;

c) Failure to keep packages of asbestos from
breaking leading to scattering during transportation;

d) Using asbestos as stuffing, choking or insulting
materials in constructions when they are not mixed with binders as regulated.

3. A fine ranging from VND 70,000,000 to VND
90,000,000 shall be imposed for investment in new construction or expansion of
facility producing building materials with use of asbestos inconsistently with
the approved planning.

4. Remedial measures: Enforced restoration to
initial state or enforced demolition of the work or work items built
inconsistently with regulations if the violation prescribed in Clause 3 of this
Article is committed.

Chapter IV

ADMINISTRATIVE VIOLATIONS,
PENALTIES, FINES AND REMEDIAL MEASURES IN

…

TVPL

Pro

để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.

Mọi chi tiết xin liên hệ: ĐT:

(028) 3930 3279

DĐ:

0906 22 99 66

Bạn phải đăng nhập hoặc đăng ký Thành Viênđể sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.Mọi chi tiết xin liên hệ:

Section 1. VIOLATIONS AGAINST
REGULATIONS ON WATER SUPPLY AND DRAINAGE

Article 42. Violations against
regulations on protection of safety zone of underground water boreholes

1. A fine ranging from VND 1,000,000 to VND
2,000,000 shall be imposed for throwing or discharging feces or garbage or
scrap from construction activities, or breeding animals, or planting trees in
the safety zone of underground water borehole.

2. A fine ranging from VND 2,000,000 to VND
5,000,000 shall be imposed for one of the following violations: Digging
dust-holes, cesspools or lime-pits, or burying cattle or hazardous matters in the
safety zone of underground water borehole.

3. A fine ranging from VND 20,000,000 to VND
30,000,000 shall be imposed for committing a violation against regulations on
protection of safety zone of underground water borehole other than the
violations prescribed in Clause 1 and Clause 2 of this Article.

4. A fine ranging from VND 40,000,000 to VND
50,000,000 shall be imposed for extraction of underground water without the
permission granted by the competent authority.

5. Remedial measures:

a) Enforced restoration to the initial state if the
violation prescribed in Clause 1, Clause 2 or Clause 4 of this Article is
committed;

b) Enforced implementation of measures for
treatment of environmental pollution if the violation prescribed in Clause 1,
Clause 2 or Clause 3 of this Article is committed;

…

TVPL

Pro

để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.

Mọi chi tiết xin liên hệ: ĐT:

(028) 3930 3279

DĐ:

0906 22 99 66

Bạn phải đăng nhập hoặc đăng ký Thành Viênđể sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.Mọi chi tiết xin liên hệ:

Article 43. Violations against
regulations on protection of safety corridors of raw water transmission mains
and treated water transmission lines

1. A warning or a fine ranging from VND 500,000 to
VND 1,000,000 shall be imposed for one of the following violations: Discharging
garbage or wastewater, discharging or storing soil, stones and building
materials within the area of the safety corridor of the raw water transmission
main or the treated water transmission line.

2. A fine ranging from VND 15,000,000 to VND
20,000,000 shall be imposed for digging or moving soil and stones from the area
of the safety corridor of the raw water transmission main or the treated water
transmission line; encroaching upon the area of the safety corridor of the raw
water transmission main or the treated water transmission line.

3. A fine ranging from VND 20,000,000 to VND
30,000,000 shall be imposed for deliberately cutting the raw water transmission
main or the treated water transmission line.

4. Remedial measures:

a) Enforced implementation of necessary measures
for treatment of environmental pollution if the violation prescribed in Clause
1 of this Article is committed;

b) Enforced restoration to the initial state if the
violation prescribed in Clause 2 or Clause 3 of this Article is committed.

Article 44. Violations against
regulations on protection of the safety of constructions of water supply and
drainage system

1. A warning or a fine ranging from VND 500,000 to
VND 1,000,000 shall be imposed for throwing or discharging feces, garbage or
scrap from construction activities, or making a mess, or breeding animals, or
planting trees, flowers or vegetables in the safety area of constructions of
the water supply and drainage system.

…

TVPL

Pro

để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.

Mọi chi tiết xin liên hệ: ĐT:

(028) 3930 3279

DĐ:

0906 22 99 66

Bạn phải đăng nhập hoặc đăng ký Thành Viênđể sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.Mọi chi tiết xin liên hệ:

3. Remedial measures:

a) Enforced implementation of necessary measures
for treatment of environmental pollution if the violation prescribed in Clause
1 of this Article is committed;

b) Enforced restoration to the initial state if the
violation prescribed in Clause 2 of this Article is committed.

Article 45. Violations against
regulations on protection and use of water supply network

1. A fine ranging from VND 1,000,000 to VND
2,000,000 shall be imposed for one of the following violations:

a) Using water before it goes through the water
meter;

b) Deliberately tampering with the water meter;

c) Deliberately moving or changing size or type of
the water meter;

d) Removing the seal or lead seal of the water
meter inconsistently with regulations.

…

TVPL

Pro

để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.

Mọi chi tiết xin liên hệ: ĐT:

(028) 3930 3279

DĐ:

0906 22 99 66

Bạn phải đăng nhập hoặc đăng ký Thành Viênđể sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.Mọi chi tiết xin liên hệ:

a) Damaging the water pipelines or equipment of the
water supply network;

b) Deliberately joining water pipes or changing
diameters of the water pipes inconsistently with regulations;

c) Moving pipelines or other equipment of the water
supply network inconsistently with regulations.

3. A fine ranging from VND 20,000,000 to VND
30,000,000 shall be imposed for one of the following violations:

a) Failure to satisfy quality requirements for treated
water supplied for daily life as set forth in technical regulations;

b) Supplying water inconsistently with the water
supply plan approved by the competent authority.

4. A fine ranging from VND 80,000,000 to VND
100,000,000 shall be imposed for transfer of water supply license, whether
partial or entire, without the written approval by the competent authority as
regulated.

5. Remedial measures:

a) Enforced restoration to the initial state if the
violation prescribed in Clause 2 of this Article is committed;

…

TVPL

Pro

để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.

Mọi chi tiết xin liên hệ: ĐT:

(028) 3930 3279

DĐ:

0906 22 99 66

Bạn phải đăng nhập hoặc đăng ký Thành Viênđể sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.Mọi chi tiết xin liên hệ:

c) Enforced implementation of necessary measures
for ensuring quality of treated water in conformity with relevant technical
regulations if the violation prescribed in Point a Clause 3 of this Article is
committed;

d) Enforced supply of treated water in conformity
with the water supply plan approved by the competent authority if the violation
prescribed in Point b Clause 3 of this Article is committed;

dd) Enforced application for written approval from
a competent authority for transfer of the water supply license as regulated by
law if the violation prescribed in Clause 4 of this Article is committed.

Article 46. Violations against
regulations on operation of water drainage system

1. A fine ranging from VND 1,000,000 to VND
2,000,000 shall be imposed for discharging soil, stones, materials or garbage
into rivers, lakes, ditches, channels, manholes, drains or culverts causing
obstruction of flows.

2. A fine ranging from VND 5,000,000 to VND
10,000,000 shall be imposed for one of the following violations:

a) Deliberately join private systems/equipment to
the water drainage system;

b) Leveling ditches, channels and lakes serving the
public drainage inconsistently with regulations;

c) Deliberately moving underground pipes or
manholes.

…

TVPL

Pro

để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.

Mọi chi tiết xin liên hệ: ĐT:

(028) 3930 3279

DĐ:

0906 22 99 66

Bạn phải đăng nhập hoặc đăng ký Thành Viênđể sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.Mọi chi tiết xin liên hệ:

a) Discharging hazardous substances into the public
sewer system;

b) Committing any violations against regulations on
protection of safety of the drainage system.

4. Remedial measures:

a) Enforced restoration to the initial state if the
violation prescribed in Clause 1, Clause 2 or Clause 3 of this Article is
committed;

b) Enforced treatment of environmental pollution if
the violation prescribed in Clause 1 or Clause 3 of this Article is committed.

Article 47. Violations against
regulations on management of drainage-related elevations

1. A fine ranging from VND 5,000,000 to VND
10,000,000 shall be imposed on the unit in charge of water drainage for failure
to provide or delayed provision of information about elevations relating the
drainage system to requesting organizations and individuals as regulated by
law.

2. Remedial measures: Enforced provision of
information about elevations relating the drainage system to requesting
organizations and individuals if the violation prescribed in Clause 1 of this
Article is committed.

Article 48. Violations against
regulations on management of detention basins

…

TVPL

Pro

để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.

Mọi chi tiết xin liên hệ: ĐT:

(028) 3930 3279

DĐ:

0906 22 99 66

Bạn phải đăng nhập hoặc đăng ký Thành Viênđể sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.Mọi chi tiết xin liên hệ:

a) Failure to regularly dredge the bottom, bed or
sides of the retention basis as regulated by law;

b) Failure to establish the procedure for
management, operation or use of detention basin as regulated by law;

c) Organizing entertainment and tourist activities
or aquaculture or other services without permission by the competent authority
as regulated by law.

2. Remedial measures:

a) Enforced establishment of the procedure for
management, operation or use of detention basin as regulated by law if the violation
prescribed in Point b Clause 1 of this Article is committed;

b) Enforced restoration to the initial state or
enforced demolition of the work or work items built inconsistently with
regulations if the violation prescribed in Point c Clause 1 of this Article is
committed.

Article 49. Violations against
regulations on procedure for management and operation of wastewater drainage
system

1. A fine ranging from VND 5,000,000 to VND
10,000,000 shall be imposed on the unit in charge of managing the wastewater
drainage system for one of the following violations:

a) Failure to conduct periodic inspection and
assessment of quality of central constructions or constructions of the
wastewater drainage system;

…

TVPL

Pro

để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.

Mọi chi tiết xin liên hệ: ĐT:

(028) 3930 3279

DĐ:

0906 22 99 66

Bạn phải đăng nhập hoặc đăng ký Thành Viênđể sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.Mọi chi tiết xin liên hệ:

2. Remedial measures:

a) Enforced inspection and assessment of quality of
central constructions or constructions of the wastewater drainage system if the
violation prescribed in Point a Clause 1 of this Article is committed;

b) Enforced establishment of the procedure for
management and operation of the wastewater drainage system as regulated by law
if the violation prescribed in Point b Clause 1 of this Article is committed.

Article 50. Violations against
regulations on collection, transport and treatment of sludge from drainage
systems in urban areas, rural residential areas and industrial parks

1. A fine ranging from VND 5,000,000 to VND 10,000,000
shall be imposed for failure to collect, store and transport, or failure to
comply with regulations on collection, storage and transport of sludge from the
drainage system.

2. A fine ranging from VND 10,000,000 to VND
20,000,000 shall be imposed for one of the following violations:

a) Discharging untreated sludge into the
environment;

b) Failure to manage sludge containing hazardous
matters in accordance with regulations;

c) Treatment and re-use of sludge inconsistently
with regulations.

…

TVPL

Pro

để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.

Mọi chi tiết xin liên hệ: ĐT:

(028) 3930 3279

DĐ:

0906 22 99 66

Bạn phải đăng nhập hoặc đăng ký Thành Viênđể sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.Mọi chi tiết xin liên hệ:

Article 51. Violations against
regulations on collection, transport and treatment of septic tank sludge in
urban areas, rural residential areas and industrial parks

1. A fine ranging from VND 5,000,000 to VND
10,000,000 shall be imposed for failure to collect, store and transport, or
failure to comply with regulations on collection, storage and transport of
septic tank sludge.

2. A fine ranging from VND 10,000,000 to VND
20,000,000 shall be imposed for one of the following violations:

a) Discharging untreated septic tank sludge into
the environment;

b) Treatment and re-use of septic tank sludge
inconsistently with regulations of law.

3. Remedial measures: Enforced implementation
of necessary measures for treatment of environmental pollution if the violation
prescribed in Clause 2 of this Article is committed.

Section 2. VIOLATIONS AGAINST
REGULATIONS ON MANAGEMENT OF LIGHTING, URBAN GREEN SPACES, CEMETERIES AND
CREMATORIA

Article 52. Violations against
regulations on protection and use of public lighting systems

1. A warning or a fine ranging from VND 500,000 to
VND 1,000,000 shall be imposed for decorating or hanging advertising boards or
other articles on lamp posts without permission or inconsistently with
regulations.

…

TVPL

Pro

để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.

Mọi chi tiết xin liên hệ: ĐT:

(028) 3930 3279

DĐ:

0906 22 99 66

Bạn phải đăng nhập hoặc đăng ký Thành Viênđể sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.Mọi chi tiết xin liên hệ:

3. A fine ranging from VND 5,000,000 to VND
10,000,000 shall be imposed for one of the following violations:

a) Damaging equipment of or the public light
system;

b) Unlawfully moving or using equipment of the
public lighting system inconsistently with regulations.

4. Remedial measures:

a) Enforced restoration to the initial state if the
violation prescribed in Clause 1 or Clause 3 of this Article is committed;

b) Enforced compliance with reporting policies if
the violation prescribed in Clause 2 of this Article is committed.

Article 53. Violations against
regulations on protection of green spaces, parks and flower gardens

1. A warning or a fine ranging from VND 500,000 to
VND 1,000,000 shall be imposed for cutting or driving nails into green trees,
deliberately picking flowers, cutting tree branches, peeling tree bark, making
mess or taking other actions causing damage to green spaces or flower gardens
or groundcovers.

2. A warning or a fine ranging from VND 500,000 to
VND 1,000,000 shall be imposed for any of the following violations:

…

TVPL

Pro

để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.

Mọi chi tiết xin liên hệ: ĐT:

(028) 3930 3279

DĐ:

0906 22 99 66

Bạn phải đăng nhập hoặc đăng ký Thành Viênđể sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.Mọi chi tiết xin liên hệ:

b) Hanging ropes, decorative lights or advertising
boards or other articles on trees at public places, streets or parks
inconsistently with regulations;

c) Tending or keeping cattle or poultry in parks or
flower gardens.

3. A fine ranging from VND 10,000,000 to VND
15,000,000 shall be imposed for one of the following violations:

a) Discharging scrap, hazardous substances or
building materials into the foot of trees or deliberately damaging or obstructing
the development of trees in urban areas;

b) Planting trees on pavements, median strips,
streets, interchanges or in public places inconsistently with regulations;

c) Planting trees which are included in the list of
banned trees or the list of restricted trees without the permission given by
competent authorities;

d) Using structures in the park for wrong purposes;

dd) Damaging cultural works, service works or
public works in the park or flower garden;

e) Encroaching or building works in the area for
green spaces existing or determined in the urban planning or obstructing the
planting of trees as regulated;

…

TVPL

Pro

để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.

Mọi chi tiết xin liên hệ: ĐT:

(028) 3930 3279

DĐ:

0906 22 99 66

Bạn phải đăng nhập hoặc đăng ký Thành Viênđể sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.Mọi chi tiết xin liên hệ:

4. A fine ranging from VND 20,000,000 to VND 30,000,000
shall be imposed for deliberately cutting, moving, burning or digging the foot
of trees in urban area or cutting tree roots inconsistently with regulations.

5. Remedial measures:

a) Enforced restoration to the initial state if the
violation prescribed in Point a or Point b Clause 2, or Point a, Point b, Point
c, Point d or Point dd Clause 3 of this Article is committed;

b) Enforced restoration to the initial state or
enforced demolition of the work or work items built inconsistently with
regulations if the violation prescribed in Point e Clause 3 of this Article is
committed.

Article 54. Violations against
regulations on construction, management and operation of cemeteries and
crematoria

1. A warning or a fine ranging from VND 500,000 to
VND 1,000,000 shall be imposed for failure to periodically care for, maintain
and protect graves or human remains as regulated by law.

2. A fine ranging from VND 5,000,000 to VND
10,000,000 shall be imposed for one of the following violations:

a) Failure to build walls or barriers to protect
the cemetery from surrounding residential areas as regulated by law;

b) Transfer of single grave space inconsistently
with regulations;

…

TVPL

Pro

để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.

Mọi chi tiết xin liên hệ: ĐT:

(028) 3930 3279

DĐ:

0906 22 99 66

Bạn phải đăng nhập hoặc đăng ký Thành Viênđể sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.Mọi chi tiết xin liên hệ:

d) Failure to report or making incomplete reports
on management and operation of cemetery as regulated by law.

3. A fine ranging from VND 10,000,000 to VND
20,000,000 shall be imposed for one of the following violations:

a) Failure to ensure the safety distance from the cemetery’s
wall to the residential area or the public structure as regulated by law;

b) Failure to close the cemetery as regulated;

c) Using single grave space in the cemetery in
excess of the prescribed area.

4. A fine ranging from VND 15,000,000 to VND 20,000,000
shall be imposed on the unit in charge of managing and operating the
crematorium for committing one of the following violations:

a) Failure to satisfy capacity requirements as
regulated;

b) Appointing an unqualified person to operate the
crematory;

c) Failure to establish the procedure for
management and operation of the crematory or failure to follow the approved
procedure for management and operation of the crematory;

…

TVPL

Pro

để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.

Mọi chi tiết xin liên hệ: ĐT:

(028) 3930 3279

DĐ:

0906 22 99 66

Bạn phải đăng nhập hoặc đăng ký Thành Viênđể sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.Mọi chi tiết xin liên hệ:

dd) Failure to submit reports on operation of the
crematorium to competent authorities as regulated by law;

e) Failure to comply with regulations on
collection, transport and treatment of crematory waste.

5. A fine ranging from VND 20,000,000 to VND
30,000,000 shall be imposed on the investor of the cemetery construction
project for putting the cemetery into operation but failing to satisfy
requirements.

6. Remedial measures:

a) Enforced compliance with regulations if one of
the violations prescribed in Clause 1, Clause 2, Clause 3, Point a, Point c,
Point d, Point dd and Point e Clause 4 of this Article is committed;

b) Enforced appointment of qualified person to
operate the crematory if the violation prescribed in Point b Clause 4 of this
Article is committed.

Section 3. VIOLATIONS AGAINST
REGULATIONS ON MANAGEMENT OF UNDERGROUND FACILITIES AND SHARING OF URBAN
TECHNICAL INFRASTRUCTURE

Article 55. Violations against
regulations on use of urban underground facilities

1. A fine ranging from VND 5,000,000 to VND
10,000,000 shall be imposed for one of the following violations:

…

TVPL

Pro

để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.

Mọi chi tiết xin liên hệ: ĐT:

(028) 3930 3279

DĐ:

0906 22 99 66

Bạn phải đăng nhập hoặc đăng ký Thành Viênđể sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.Mọi chi tiết xin liên hệ:

b) Using technical infrastructure tunnel and trench
without license or for wrong purposes; deliberately digging, moving or joining
technical infrastructure tunnel and trench; committing violations against
regulations on management and protection of urban underground facilities.

2. Remedial measures: Enforced restoration to
the initial state if the violation prescribed in Clause 1 of this Article is
committed.

Article 56. Violations against
regulations on management and sharing of technical infrastructure

1. A fine ranging from VND 10,000,000 to VND
20,000,000 shall be imposed for one of the following violations:

a) Obstructing the installation, operation,
maintenance or upgrade to equipment under the signed agreement;

b) Committing violations against regulations on
management, operation or maintenance of shared technical infrastructure.

2. A fine ranging from VND 20,000,000 to VND
30,000,000 shall be imposed for installation, management and operation of
telecommunication or electrical cables and wires, public lighting system, water
supply and drainage systems, energy supply system or other equipment on shared
technical infrastructure systems inconsistently with regulations.

3. A fine ranging from VND 30,000,000 to VND
40,000,000 shall be imposed for construction of technical infrastructure for
shared use inconsistently with the urban planning, without the building permit
or inconsistently with the issued building permit.

4. Remedial measures:

…

TVPL

Pro

để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.

Mọi chi tiết xin liên hệ: ĐT:

(028) 3930 3279

DĐ:

0906 22 99 66

Bạn phải đăng nhập hoặc đăng ký Thành Viênđể sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.Mọi chi tiết xin liên hệ:

b) Enforced restoration to the initial state if the
violation prescribed in Clause 2 of this Article is committed;

c) Enforced demolition of the work or work items
built inconsistently with regulations if the violation prescribed in Clause 3 of
this Article is committed.

Chapter V

ADMINISTRATIVE
VIOLATIONS, PENALTIES, FINES AND REMEDIAL MEASURES IN REAL ESTATE BUSINESS,
HOUSING DEVELOPMENT, MANAGEMENT AND OPERATION OF APARTMENT BUILDINGS AND OFFICE
BUILDINGS

Section 1. VIOLATIONS AGAINST
REGULATIONS ON REAL ESTATE BUSINESS

Article 57. Violations against
regulations on real estate business

1. A fine ranging from VND 50,000,000 to VND
60,000,000 shall be imposed for one of the following violations:

a) Failure to establish an enterprise or cooperative
to engage in real estate business as regulated by law or failure to have enough
legal capital as regulated by law;

b) Failure to publish or improperly or insufficient
publishing information about real estate project or housing construction
project as regulated by law;

…

TVPL

Pro

để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.

Mọi chi tiết xin liên hệ: ĐT:

(028) 3930 3279

DĐ:

0906 22 99 66

Bạn phải đăng nhập hoặc đăng ký Thành Viênđể sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.Mọi chi tiết xin liên hệ:

d) Failure to provide information about construction
progress or use of option fee as requested; failure to facilitate buyer or
tenant to conduct physical inspection of the in-progress construction work;

dd) Collection of fees relating to the transfer of
real estate inconsistently with regulations.

2. A fine ranging from VND 60,000,000 to VND
80,000,000 shall be imposed on the investor or owner of building for committing
one of the following violations:

a) Entering into a contract for sale or lease
purchase of a building which is not enclosed with land use right;

b) Failure to notify the buyer of restrictions on
ownership and right to enjoyment of building (if any);

c) Receiving payments from buyer or tenant of
off-the-plan building inconsistently with the project progress or in excess of
the prescribed percentage of the contract value as regulated by law.

3. A fine ranging from VND 250,000,000 to VND
300,000,000 shall be imposed for one of the following violations:

a) Trading real estate which fails to satisfy
requirements for trading or is banned from trading as regulated;

b) Failure to trade real estate within the licensed
scope of business;

…

TVPL

Pro

để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.

Mọi chi tiết xin liên hệ: ĐT:

(028) 3930 3279

DĐ:

0906 22 99 66

Bạn phải đăng nhập hoặc đăng ký Thành Viênđể sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.Mọi chi tiết xin liên hệ:

d) Sale or lease purchase of off-the-plan
commercial buildings without financial guarantee given by a qualified
commercial bank as regulated by law;

dd) Failure to carry out procedures for issuance of
certificate of land use right, ownership of house and property on land to the
buyer or tenant, or failure to provide relevant documents/papers to the buyer
or tenant as regulated by law;

e) Giving authorization or delegation to a party of
an investment cooperation, joint venture, association, partnership or the
capital contributor to sign contracts for sale, transfer or lease purchase of
real estate;

g) Refusal to make certification without legitimate
reasons or failure to make certification on the written agreement for transfer
of the contract for sale or lease purchase of the off-the-plan property;

h) Transferring the contract for lease purchase of
an existing house or building, or transferring the contract for sale or lease
purchase of off-the-plan house or building inconsistently with regulations;

i) Failure to comply with applicable regulations on
prices for sale, transfer, lease and lease purchase of property.

4. A fine ranging from VND 270,000,000 to VND
300,000,000 shall be imposed on the investor of a real estate project for one
of the following violations:

a) Failure to follow procedures for full or partial
transfer of the project;

b) Failure to satisfy all requirements or
conditions for full or partial transfer of project;

…

TVPL

Pro

để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.

Mọi chi tiết xin liên hệ: ĐT:

(028) 3930 3279

DĐ:

0906 22 99 66

Bạn phải đăng nhập hoặc đăng ký Thành Viênđể sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.Mọi chi tiết xin liên hệ:

d) Transfer of houses and buildings to clients
before they are finished according to the construction progress specified in
the approved project, or they are not connected to the regional technical
infrastructure system, or before external parts of rough-in buildings are not
finished, or housing works or social infrastructure systems are not properly
commissioned as regulated by law;

dd) Unlawful mobilization or appropriation of
capital; using capital mobilized from organizations and individuals or option
fees paid by buyer, lessee or tenant of off-the-plan property for wrong
purposes.

5. Additional penalties: Suspend real estate
business up to 12 months if the violation prescribed in Point a, Point b or
Point e Clause 3 of this Article is committed.

6. Remedial measures:

a) Enforced announcement of information about real
estate project or housing construction project as regulated by law if the
violation prescribed in Point b Clause 1 of this Article is committed;

b) Enforced preparation of contracts in accordance
with regulations or enforced application for notarization or certification of
contracts if the violation prescribed in Point c Clause 1 of this Article is
committed;

c) Enforced compliance with regulations if the
violation prescribed in Point d Clause 1 of this Article is committed;

d) Enforced transfer of illegal benefits obtained
from the administrative violation prescribed in Point dd Clause 1 of this
Article;

dd) Enforced re-preparation of contract if the
violation prescribed in Point a Clause 2 of this Article is committed;

…

TVPL

Pro

để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.

Mọi chi tiết xin liên hệ: ĐT:

(028) 3930 3279

DĐ:

0906 22 99 66

Bạn phải đăng nhập hoặc đăng ký Thành Viênđể sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.Mọi chi tiết xin liên hệ:

g) Enforced payment of difference and compensation
for damage (if any) if the violation prescribed in Point c Clause 2 of this
Article is committed;

h) Enforced reimbursement of expenses (as
requested) and compensation for damage (if any) if the violation prescribed in
Point c or Point d Clause 3 of this Article is committed;

i) Enforced completion of procedures for issuance
of certificate or enforced provision of relevant documents/papers to buyers or
tenants if the violation prescribed in Point dd Clause 3 of this Article is
committed;

k) Enforced certification as regulated by law if
the violation prescribed in Point g Clause 3 of this Article is committed;

l) Enforced restoration to the initial state,
payment of expenses to the transferee and compensation for damage (if any) if
the violation prescribed in Point h Clause 3 or Point a or Point b Clause 4 of
this Article is committed;

m) Enforced completion of construction works
according to regulations or commitments and enforced compensation for damage
(if any) if the violation prescribed in Point d Clause 4 of this Article is
committed;

n) Enforced compliance with regulations or
commitments and compensation for damage (if any) to the buyer or tenant if the
violation prescribed in Point dd Clause 4 of this Article is committed.

Article 58. Violations against
regulations on provision of real estate services

1. A fine ranging from VND 10,000,000 to VND
15,000,000 shall be imposed for one of the following violations:

…

TVPL

Pro

để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.

Mọi chi tiết xin liên hệ: ĐT:

(028) 3930 3279

DĐ:

0906 22 99 66

Bạn phải đăng nhập hoặc đăng ký Thành Viênđể sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.Mọi chi tiết xin liên hệ:

b) Erasing, falsifying, borrowing or lending
practicing certificate in real estate brokerage.

2. A fine ranging from VND 30,000,000 to VND
40,000,000 shall be imposed for one of the following violations:

a) Failure to establish an enterprise to provide
real estate services as regulated by law or failure to employ enough employees
who have practicing certificates in real estate brokerage as regulated by law
or employing persons whose practicing certificates have expired;

b) Failure to prepare contracts or failure to
specify all required contents in contracts for provision of real estate
services as regulated by law;

c) Failure to comply with reporting provisions
applicable to enterprises providing real estate services or real estate trading
floor services, or individuals providing independent real estate brokerage
services;

d) Failure to establish regulations on operation or
have name and address of real estate trading floor as regulated, or failure to
comply with the operating regulations approved by a competent authority;

dd) Collecting fees of real estate services other
than the ones prescribed by law.

3. A fine ranging from VND 40,000,000 to VND
50,000,000 shall be imposed for one of the following violations:

a) Trading real estate types which fail to satisfy
trading requirements on the real estate trading floor;

…

TVPL

Pro

để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.

Mọi chi tiết xin liên hệ: ĐT:

(028) 3930 3279

DĐ:

0906 22 99 66

Bạn phải đăng nhập hoặc đăng ký Thành Viênđể sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.Mọi chi tiết xin liên hệ:

4. Additional penalties: Suspend provision of real
estate trading floor services for 06 – 12 months if the violation prescribed in
Point a Clause 3 of this Article is committed.

5. Remedial measures:

a) Submission of request to competent authority for
revocation of practicing certificate if the violation prescribed in Point b
Clause 1 of this Article is committed;

b) Enforced transfer of illegal benefits obtained
from the administrative violation prescribed in Point dd Clause 2 of this
Article.

Article 59. Violations against
regulations on management and use of housing and real estate market information

1. A fine ranging from VND 30,000,000 to VND
40,000,000 shall be imposed for any of the following violations:

a) Failure to provide or provision of inaccurate or
insufficient or delayed provision of real estate market information to the
agency in charge of managing the housing and real estate market database as
regulated by law;

b) Failure to obtain an approval from the agency in
charge of managing the housing and real estate market database as regulated by
law before providing housing and real estate market data provided by a
competent authority for the third party;

c) Failure to make explanation about real estate
market information upon the request of the agency in charge of managing the
housing and real estate market database;

…

TVPL

Pro

để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.

Mọi chi tiết xin liên hệ: ĐT:

(028) 3930 3279

DĐ:

0906 22 99 66

Bạn phải đăng nhập hoặc đăng ký Thành Viênđể sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.Mọi chi tiết xin liên hệ:

dd) Illegally obtaining or destroying or damaging
housing or real estate market information or data;

e) Obstructing the lawful collection and use of
housing or real estate market information.

2. Remedial measures:

a) Enforced provision of sufficient and accurate
information to the agency in charge of managing the housing and real estate
market database if the violation prescribed in Point a Clause 1 of this Article
is committed;

b) Enforced compliance with regulations on
collection and use of information if the violation prescribed in Point e Clause
1 of this Article is committed.

Article 60. Violations against
regulations on training and improving knowledge of real estate brokerage
practice, and management of real estate trading floors

1. A fine ranging from VND 2,000,000 to VND
5,000,000 shall be imposed for one of the following violations:

a) Employing unqualified lecturers;

b) Failure to follow the prescribed template of
certificate of completion of training course;

…

TVPL

Pro

để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.

Mọi chi tiết xin liên hệ: ĐT:

(028) 3930 3279

DĐ:

0906 22 99 66

Bạn phải đăng nhập hoặc đăng ký Thành Viênđể sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.Mọi chi tiết xin liên hệ:

d) Failure to provide training institution’s
profile for Ministry of Construction and Department of Construction of Province
where such training institution’s head office is located for publishing on
their websites as regulated by law;

dd) Failure to provide real estate trading floor’s
profile for Ministry of Construction and Department of Construction of Province
where such real estate trading floor’s head office is located for publishing on
their websites as regulated by law;

e) Failure to keep training documents or materials
related to each examination as regulated by law.

2. A fine ranging from VND 10,000,000 to VND
20,000,000 shall be imposed for one of the following violations:

a) Failure to organize testing or examination or
classification of training results for trainees as regulated by law;

b) Failure to obtain the approval for exam
questions as regulated by law before using them in the examination for real estate
broker license;

c) Giving permission to an unqualified trainee to
attend the examination for real estate broker license;

d) Failure to promulgate the Regulation on training
management or application of a training management Regulation which lacks required
contents.

3. A fine ranging from VND 30,000,000 to VND
40,000,000 shall be imposed for one of the following violations:

…

TVPL

Pro

để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.

Mọi chi tiết xin liên hệ: ĐT:

(028) 3930 3279

DĐ:

0906 22 99 66

Bạn phải đăng nhập hoặc đăng ký Thành Viênđể sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.Mọi chi tiết xin liên hệ:

b) Issuance of certificates to trainees despite of
failure to ensure teaching volume and training programs as regulated.

4. A fine ranging from VND 60,000,000 to VND
70,000,000 shall be imposed for one of the following violations:

a) Using examination fees inconsistently with
regulations;

b) Failure to properly manage exam questions or
keep them from revelation.

5. Remedial measures:

a) Enforced nullification of training results or
exam results if one of the violations prescribed in Point a, Point b and Point
c Clause 2 of this Article is committed;

b) Enforced compliance with regulations if the
violation prescribed in Clause 3 of this Article is committed;

c) Enforced recovery of examination fees spent
inconsistently with regulations by training institution if the violation
prescribed in Point a Clause 4 of this Article is committed.

Article 61. Violations against
regulations on training and improvement of professional and operational
knowledge of management and operation of apartment buildings (hereinafter
referred to as training in management of apartment buildings)

…

TVPL

Pro

để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.

Mọi chi tiết xin liên hệ: ĐT:

(028) 3930 3279

DĐ:

0906 22 99 66

Bạn phải đăng nhập hoặc đăng ký Thành Viênđể sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.Mọi chi tiết xin liên hệ:

a) Failure to organize training courses at the
prescribed training locations;

b) Employing unqualified lecturers;

c) Failure to have teaching diary;

d) Failure to follow the prescribed template of
certificate of completion of training course in management of apartment
buildings;

dd) Failure to submit reports on training
activities to competent authorities as regulated;

e) Failure to keep training documents as regulated.

2. A fine ranging from VND 30,000,000 to VND
40,000,000 shall be imposed for one of the following violations:

a) Using teaching materials inconsistently with the
framework program;

b) Failure to ensure teaching volume and training
programs as regulated;

…

TVPL

Pro

để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.

Mọi chi tiết xin liên hệ: ĐT:

(028) 3930 3279

DĐ:

0906 22 99 66

Bạn phải đăng nhập hoặc đăng ký Thành Viênđể sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.Mọi chi tiết xin liên hệ:

3. A fine ranging from VND 50,000,000 to VND
60,000,000 shall be imposed for one of the following violations:

a) Borrowing, hiring, lending or leasing legal
status to carry out training activities;

b) Failure to obtain a certificate of eligibility
to organize training courses from a competent authority before organizing
training courses.

4. Additional penalties: Suspend the certificate of
eligibility to organize training courses for 06 – 12 months if the violation
prescribed in Clause 2 or Point a Clause 3 of this Article is committed.

5. Remedial measures: Enforced nullification
of training results and revocation of certificates of completion of training
course issued to trainees if one of the violations prescribed in Point b, Point
c Clause 2 and Point a Clause 3 of this Article is committed (excluding lending
or leasing legal status).

Section 2. VIOLATIONS AGAINST
REGULATIONS ON HOUSING DEVELOPMENT

Section 62. Violations against
regulations on housing development

1. A fine ranging from VND 40,000,000 to VND
50,000,000 shall be imposed for one of the following violations:

a) Failure to submit reports on implementation and
completion of housing construction projects to competent authorities as
regulated by law;

…

TVPL

Pro

để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.

Mọi chi tiết xin liên hệ: ĐT:

(028) 3930 3279

DĐ:

0906 22 99 66

Bạn phải đăng nhập hoặc đăng ký Thành Viênđể sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.Mọi chi tiết xin liên hệ:

2. A fine ranging from VND 80,000,000 to VND
100,000,000 shall be imposed on the investor for one of the following
violations:

a) Failure to obtain the approval from a competent
authority before modifying one of the following contents after the state-funded
housing construction project: Implementation progress, type of building, total
floor area, number of apartments, rates of types of houses and total
investment;

b) Failure to leave land area or failure to leave
enough land area in a project on construction of commercial houses to build
social houses as regulated by law;

c) Failure to provide commercial houses in the
project for occupiers of demolished building apartments who do not wish to
relocate as regulated by law;

d) Failure to build houses to serve the relocation
in the planning area for construction of houses for workers of industrial parks
in the project on construction of industrial park infrastructure if the
occupiers of demolished houses do not wish to relocate, or failure to provide
housing in other places for relocated people as regulated by law;

dd) Failure to provide land area to serve
production activities of people who are relocated according to the housing
construction project so as to serve the relocation in rural areas under the
approved relocation plan;

e) Deliberately changing designed area of house and
auxiliary work (if any) after the relocation plan has been given approval by a
competent authority;

g) Failure to provide enough social housing for
lease as regulated by law (in case the social housing construction project is
located at a region where the formulation of project on construction of social
housing for lease is not mandatory).

3. Remedial measures:

…

TVPL

Pro

để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.

Mọi chi tiết xin liên hệ: ĐT:

(028) 3930 3279

DĐ:

0906 22 99 66

Bạn phải đăng nhập hoặc đăng ký Thành Viênđể sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.Mọi chi tiết xin liên hệ:

b) Enforced naming or change of project’s name or
names of regions in the project in conformity with applicable regulations if
the violation prescribed in Point b Clause 1 of this Article is committed;

c) Enforced nullification of modification results
if the violation prescribed in Point a Clause 2 of this Article is committed;

d) Enforced provision of land area for social
housing construction as regulated by law if the violation prescribed in Point b
Clause 2 of this Article is committed;

dd) Enforced provision of commercial housing in the
project to people who do not wish to relocate or enforced negotiation on
providing housing in other places with relocated people if the violation
prescribed in Point c Clause 2 of this Article is committed;

e) Enforced arrangement and provision of land area
to serve production for relocated people according to the approved relocation
plan if the violation prescribed in Point dd Clause 2 of this Article is
committed;

g) Enforced demolition of works or work items built
inconsistently with regulations or enforced modification of designed area of
house and auxiliary work according to the relocation plan approved by a
competent authority if the violation prescribed in Point e Clause 2 of this
Article is committed;

h) Enforced provision of adequate social housing
for lease if the violation prescribed in Point g Clause 2 of this Article is
committed.

Article 63. Violations against
regulations on management of housing transactions

1. A fine ranging from VND 20,000,000 to VND
30,000,000 shall be imposed for one of the following violations:

…

TVPL

Pro

để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.

Mọi chi tiết xin liên hệ: ĐT:

(028) 3930 3279

DĐ:

0906 22 99 66

Bạn phải đăng nhập hoặc đăng ký Thành Viênđể sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.Mọi chi tiết xin liên hệ:

b) Sale, lease or lease purchase of social housing
to unqualified persons or inconsistently with prescribed conditions.

2. A fine ranging from VND 50,000,000 to VND
60,000,000 shall be imposed for one of the following violations:

a) State-owned house lessee or tenant’s exchange,
sale, sub-lease or borrowing of house without the approval by a competent
authority as regulated by law;

b) Social house lessee or tenant or buyer’s sale,
sub-lease or borrowing of social house inconsistently with regulations;

c) Failure to comply with regulations on transfer
of contract for sale of commercial house;

d) Sale, lease purchase, donation, exchange, mortgage
or contribution of capital by a house which fails to satisfy requirements
thereof prescribed by law.

3. The following penalties shall be imposed on
foreign organizations and individuals for violations against housing
regulations:

a) A fine ranging from VND 10,000,000 to VND
20,000,000 shall be imposed on a foreign lessor for failure to send a written
notification to the housing authority of district where leasing house is
located;

b) A fine ranging from VND 30,000,000 to VND
40,000,000 shall be imposed for failure to make payments for purchase or lease
purchase of house through a credit institution which legally operates in
Vietnam;

…

TVPL

Pro

để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.

Mọi chi tiết xin liên hệ: ĐT:

(028) 3930 3279

DĐ:

0906 22 99 66

Bạn phải đăng nhập hoặc đăng ký Thành Viênđể sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.Mọi chi tiết xin liên hệ:

d) A fine ranging from VND 80,000,000 to VND
100,000,000 shall be imposed on a house owner that is a foreign organization
for use of owned house for lease, or as a working office, or a purpose other
than as an accommodation for its employees.

4. A fine ranging from VND 100,000,000 to VND
150,000,000 shall be imposed on the investor of a project on construction of
social housing for conclusion of a lease agreement on off-the-plan social
housing (unless otherwise regulated by law).

5. A fine ranging from VND 200,000,000 to VND
300,000,000 shall be imposed on the investor for one of the following
violations against regulations on sale of houses to foreign buyers:

a) Sale of a quantity of houses greater than the
allowable one to foreign organizations and individuals;

b) Sale of houses in a region where foreign
organizations and individuals are not allowed to own houses;

c) Failure to provide information about houses sold
to foreign organizations and individuals for publishing on the website of
Provincial Departments of Construction.

6. Remedial measures:

a) Submission of request to competent authorities
for withdrawal of state-owned houses sold, leased or lease purchased ultra
vires, or to unqualified persons or inconsistently with prescribed conditions; enforced
reimbursement of money or property to buyers, lessees or tenants and
compensation for damage (if any) if the violation prescribed in Point a Clause
1 of this Article is committed;

b) Submission of request to competent authorities
for withdrawal of social housing and enforced reimbursement of amounts of money
for purchase, lease or lease purchase of social housing to buyers, lessees or
tenants if the violation prescribed in Point b Clause 1 of this Article is
committed;

…

TVPL

Pro

để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.

Mọi chi tiết xin liên hệ: ĐT:

(028) 3930 3279

DĐ:

0906 22 99 66

Bạn phải đăng nhập hoặc đăng ký Thành Viênđể sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.Mọi chi tiết xin liên hệ:

d) Submission of request to competent authorities
for withdrawal of social housing if the violation prescribed in Point b Clause
2 of this Article is committed;

dd) Recovery of payments which have been made not
through credit institutions legally operating in Vietnam if the violation
prescribed in Point b Clause 3 of this Article is committed;

e) Submission of request for competent authorities
for withdrawal of houses owned by foreign organizations and individuals
inconsistently with regulations if the violation prescribed in Point c Clause 3
of this Article is committed;

g) Enforced suspension of lease or use of houses
for improper purposes and compensation for damage to lessees if the violation
prescribed in Point d Clause 3of this Article is committed.

Section 3. VIOLATIONS AGAINST
REGULATIONS ON MANAGEMENT OF APARTMENT BUILDINGS AND OFFICE BUILDINGS

Article 64. Violations against
regulations on management and use of official residences and state-owned
housing

1. A fine ranging from VND 40,000,000 to VND
50,000,000 shall be imposed on lessees and tenants of state-owned houses for
one of the following violations:

a) Deliberately destroy, extend, renovate or
demolish housing;

b) Using the house for purposes other than those
specified in the lease agreement;

…

TVPL

Pro

để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.

Mọi chi tiết xin liên hệ: ĐT:

(028) 3930 3279

DĐ:

0906 22 99 66

Bạn phải đăng nhập hoặc đăng ký Thành Viênđể sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.Mọi chi tiết xin liên hệ:

2. A fine ranging from VND 50,000,000 to VND
60,000,000 shall be imposed on lessees of official residences for one of the
following violations:

a) Failure to use the residence for living and
serving daily life of the lessee and his/her family members during the lease
period;

b) Deliberately renovate, repair or demolish the
official residence;

c) Sub-letting, borrowing or authorizing other
persons to manage the official residence;

d) Failure to return the official residence to the
Government when the lessee is unqualified for leasing such official residence
as regulated by law.

3. Remedial measures:

a) Enforced restoration to the initial state or
enforced demolition of the work or work items built inconsistently with
regulations if one of the violations prescribed in Point a, Point b Clause 1,
Point b Clause 2 of this Article is committed;

b) Submission of request to competent authorities
for withdrawal of social housing if one of the violations prescribed in Point
b, Point c Clause 1, Point a, Point c and Point d Clause 2 of this Article is
committed;

c) Enforced transfer of illegal benefits obtained
from the administrative violation (if any) if the violation prescribed in Point
c Clause 2 of this Article.

…

TVPL

Pro

để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.

Mọi chi tiết xin liên hệ: ĐT:

(028) 3930 3279

DĐ:

0906 22 99 66

Bạn phải đăng nhập hoặc đăng ký Thành Viênđể sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.Mọi chi tiết xin liên hệ:

1. A fine ranging from VND 150,000,000 to VND
200,000,000 shall be imposed for one of the following violations:

a) Changing one of the following elements of
group-1 villa: Exterior design, interior structure, building density, number of
storeys or height;

b) Changing exterior design of a group-2 villa.

2. Remedial measures: Enforced restoration to
initial state or enforced demolition of the work or work items built
inconsistently with regulations if the violation prescribed in Clause 1 of this
Article is committed.

Article 66. Violations against
regulations on management and use of apartment buildings

1. A fine ranging from VND 10,000,000 to VND
20,000,000 shall be imposed for one of the following violations:

a) Causing leaky of apartment;

b) Failure to comply with regulations on paint
color or exterior decoration of apartment;

c) Trading of explosive materials or providing
motor vehicle repairing services or slaughtering services;

…

TVPL

Pro

để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.

Mọi chi tiết xin liên hệ: ĐT:

(028) 3930 3279

DĐ:

0906 22 99 66

Bạn phải đăng nhập hoặc đăng ký Thành Viênđể sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.Mọi chi tiết xin liên hệ:

dd) Carrying out business activities (excluding
cases prescribed in Point c, Point d Clause 1, Point b Clause 3 of this
Article) at the area of the apartment building which is not used for business;

e) Failure to establish the management board of the
apartment building as regulated.

2. A fine ranging from VND 30,000,000 to VND
40,000,000 shall be imposed for one of the following violations:

a) Deliberately changing loading structure or
separate design of each apartment;

b) Using the apartment for purposes other than
residence;

c) Using shared area and equipment of the apartment
building for private purposes.

3. A fine ranging from VND 40,000,000 to VND
50,000,000 shall be imposed for one of the following violations:

a) Encroaching surrounding space or shared area or
separate area of another occupier in the apartment building;

b) Engaging in nightclub business.

…

TVPL

Pro

để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.

Mọi chi tiết xin liên hệ: ĐT:

(028) 3930 3279

DĐ:

0906 22 99 66

Bạn phải đăng nhập hoặc đăng ký Thành Viênđể sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.Mọi chi tiết xin liên hệ:

a) Managing and using the expenditure for
maintenance of shared area inconsistently with regulations;

b) Deliberately changing functions and purposes of
shared area;

c) Deliberately making decision on fee for
management of the apartment building without the approval by the apartment
building meeting;

d) Deliberately making decision on conclusion of contract
for management of the apartment building with a party without the approval by
the apartment building meeting;

dd) Failure to present reports on collections and
payments at the apartment building meeting as regulated;

e) Failure to comply with operating regulations or
financial regulations approved by the apartment building meeting.

5. A fine ranging from VND 60,000,000 to VND
80,000,000 shall be imposed on the unit in charge of managing the apartment
building for one of the following violations:

a) Managing the apartment building despite it is
unqualified;

b) Failure to establish all prescribed professional
divisions to take charge of managing the apartment building as regulated;

…

TVPL

Pro

để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.

Mọi chi tiết xin liên hệ: ĐT:

(028) 3930 3279

DĐ:

0906 22 99 66

Bạn phải đăng nhập hoặc đăng ký Thành Viênđể sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.Mọi chi tiết xin liên hệ:

d) Managing and using expenditure for managing the
apartment building as regulated;

dd) Failure to send information about the unit in
charge of managing the apartment building to the Ministry of Construction for
publishing on its website as regulated.

6. A fine ranging from VND 80,000,000 to VND
90,000,000 shall be imposed on the investor for one of the following
violations:

a) Failure to transfer or delayed transfer of
apartment building documents to the management board of the apartment building
as regulated;

b) Failure to select a qualified unit to take
charge of managing the apartment building;

c) Failure to comply with regulations on car
parking of the apartment building;

7. A fine ranging from VND 100,000,000 to VND
150,000,000 shall be imposed on the investor for one of the following
violations:

a) Failure to organize the first apartment building
meeting as regulated;

b) Failure to transfer or delayed, insufficient or
improper transfer of expenditure for maintenance of the shared area of the
apartment building as regulated.

…

TVPL

Pro

để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.

Mọi chi tiết xin liên hệ: ĐT:

(028) 3930 3279

DĐ:

0906 22 99 66

Bạn phải đăng nhập hoặc đăng ký Thành Viênđể sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.Mọi chi tiết xin liên hệ:

a) Deliberately changing functions and purposes of the
shared area or deliberately changing functions and purposes of the
non-residential area in the multi-purposes apartment building;

b) Calculating apartment area or other area of
private ownership in the apartment building inconsistently with regulations;

c) Failure to allocate an area in the apartment
building to use as community activities hall as regulated by law;

d) Committing violation prescribed in Point a
Clause 4 of this Article.

9. Additional penalties: Suspend the management of
apartment building up to 24 months if the violation specified in Point b Clause
5 of this Article is committed.

10. Remedial measures:

a) Enforced restoration to the initial state or
enforced demolition of the work or work items built inconsistently with
regulations if one of the violations prescribed in Point a, Point c Clause 2,
Point a Clause 3 and Point a Clause 8 of this Article is committed;

b) Enforced compliance with regulations on paint
color and exterior decoration of the apartment and apartment building if the
violation prescribed in Point a Clause 1 of this Article is committed;

c) Enforced implementation of necessary measures
for meeting requirements for soundproofing, fire prevention and emergency exit
if the violation prescribed in Point d Clause 1 of this Article is committed
(for the area which used for business);

…

TVPL

Pro

để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.

Mọi chi tiết xin liên hệ: ĐT:

(028) 3930 3279

DĐ:

0906 22 99 66

Bạn phải đăng nhập hoặc đăng ký Thành Viênđể sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.Mọi chi tiết xin liên hệ:

dd) Enforced reimbursement of expenditure which has
been spent inconsistently with regulations and compensation for damage (if any)
if the violation prescribed in Point a Clause 4 or Point d Clause 8 of this
Article is committed;

e) Enforced nullification of provision on fee for management
of apartment building and request for organization of apartment building
meeting to seek approval for the fee for management of apartment building;
enforced reimbursement of difference between the existing fee for management of
apartment building and the new one which has been approved by the apartment
building meeting to apartment owners/occupiers if the violation prescribed in
Point c Clause 4 of this Article is committed;

g) Enforced compliance with regulations on
selection of unit in charge of managing the apartment building if the violation
prescribed in Point d Clause 4 of this Article is committed;

h) Enforced compliance with regulations if the
violation prescribed in Point c Clause 5 of this Article is committed;

i) Enforced transfer of entire maintenance
expenditure to the management board of apartment building if the violation
prescribed in Point b Clause 7 of this Article is committed;

k) Enforced reimbursement of difference (if any)
resulted from improper calculation of area to apartment owners/occupiers if the
violation prescribed in Point b Clause 8 of this Article is committed;

l) Enforced allocation of area to use as the
community activities hall as regulated by law if the violation prescribed in
Point c Clause 8 of this Article is committed.

Article 67. Violations against
regulations on management of office buildings

1. A warning or a fine ranging from VND 500,000 to
VND 1,000,000 shall be imposed for any of the following violations:

…

TVPL

Pro

để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.

Mọi chi tiết xin liên hệ: ĐT:

(028) 3930 3279

DĐ:

0906 22 99 66

Bạn phải đăng nhập hoặc đăng ký Thành Viênđể sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.Mọi chi tiết xin liên hệ:

b) Failure to install name signs or guidance signs
at public, technical and serving divisions as regulated by law or failure to
install warning signs at technical divisions (such as electrical and
firefighting equipment);

c) Failure to post up the office’s internal
regulations at its main door or standing division;

d) Failure to have the building diagram showing
blocks, working offices, public, technical and serving divisions (unless
otherwise regulated);

dd) Failure to install name signs of working
offices or titles of officials or public employees in front of their offices.

2. A fine ranging from VND 10,000,000 to VND
20,000,000 shall be imposed for one of the following violations:

a) Carrying out commercial advertising at the office
building;

b) Failure to formulate internal regulations on
management of office building as regulated by law;

c) Failure to make periodical and ad hoc reports as
regulated or making insufficient ones.

3. A fine ranging from VND 40,000,000 to VND 50,000,000
shall be imposed for one of the following violations:

…

TVPL

Pro

để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.

Mọi chi tiết xin liên hệ: ĐT:

(028) 3930 3279

DĐ:

0906 22 99 66

Bạn phải đăng nhập hoặc đăng ký Thành Viênđể sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.Mọi chi tiết xin liên hệ:

b) Failure to equip firefighting equipment at the
office building or failure to conduct periodical inspection of firefighting
equipment.

4. A fine ranging from VND 50,000,000 to VND
60,000,000 shall be imposed for one of the following violations:

a) Appropriating or using the office building for
production, business, leasing, living or other purposes inconsistently with its
functions;

b) Failure to prepare or supplement the office
building documentation during its operation; failure to retain or send
summarized office building documentation to the competent authority in charge
of managing office buildings as regulated by law.

5. Remedial measures:

a) Enforced restoration to the initial state or
submission of request to competent authority for withdrawal of office building
area which is improperly used if the violation prescribed in Point a Clause 4
of this Article is committed;

b) Enforced preparation and retention of office
building documentation or enforced supplementation of office building
documentation during its operation if the violation prescribed in Point b
Clause 4 of this Article is committed.

Article 68. Violations against
regulations on preparation and retention of housing documents

1. A fine ranging from VND 40,000,000 to VND
50,000,000 shall be imposed for failure to prepare and keep housing documents,
or failure to keep all housing documents as regulated by law in case of
construction of houses for lease.

…

TVPL

Pro

để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.

Mọi chi tiết xin liên hệ: ĐT:

(028) 3930 3279

DĐ:

0906 22 99 66

Bạn phải đăng nhập hoặc đăng ký Thành Viênđể sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.Mọi chi tiết xin liên hệ:

Chapter VI

POWER TO RECORD AND
IMPOSE PENALTIES FOR ADMINISTRATIVE VIOLATIONS AND REMEDIAL MEASURES

Article 69. Power to record
administrative violations

The following persons shall have the power to
record administrative violations prescribed herein:

1. Persons who have power to impose administrative
penalties as prescribed in Article 71, Article 72, Article 73, Article 74,
Article 76, Article 77 and Article 78 herein.

2. Officials and public employees who work at
People’s Committees of all levels and are assigned to inspect and detect
administrative violations in sectors prescribed herein.

3. Officials, public employees and inspectors who
work at construction inspection agencies and are assigned to conduct
independent inspections or participate in inspection teams.

4. Officials and public employees who are assigned
to inspect the state management of: Investment and construction;
extraction, processing and trading of minerals used in construction, production
and trading of building materials; management of infrastructural constructions;
real estate business, housing development, management and operation of
apartment buildings and office buildings.

5. Persons who have the power to impose
administrative violations prescribed in Article 75 herein shall have the power
to record administrative violations prescribed in Article 6 herein.

…

TVPL

Pro

để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.

Mọi chi tiết xin liên hệ: ĐT:

(028) 3930 3279

DĐ:

0906 22 99 66

Bạn phải đăng nhập hoặc đăng ký Thành Viênđể sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.Mọi chi tiết xin liên hệ:

1. Persons who have the power to impose
administrative penalties as prescribed herein shall only impose penalties for
administrative violations within the granted powers; administrative violations
beyond their competence shall be recorded and transferred to competent persons
to make decisions on imposition of administrative violations as regulated y
law.

2. When suspending the building permits, capacity
certificates and practicing certificates, persons who have the power to impose
administrative penalties must send written notifications of such suspension or
decisions on imposition of administrative penalties to Inspection Agencies of
Provincial Departments of Construction.

3. If a case of administrative violation is under
the power of several persons, the person who handles the case first shall be
responsible for imposing penalty for such administrative violation.

4. Penalties imposed by competent persons
prescribed in Article 71, Article 72, Article 73, Article 74, Article 76,
Article 77 and Article 78 herein are penalties for administrative violations
committed by organizations; a fine imposed for an administrative violation
committed by an individual shall be a half of that imposed on the organization
for the same violation.

Article 71. Power to impose
administrative penalties of construction inspectors

1. Issue warning.

2. Impose a fine up to VND 1,000,000.

3. Enforce the remedial measures mentioned in Point
a and Point b Clause 3 Article 3 of this Decree.

Article 72. Power to impose
administrative penalties of specialized inspectorate heads

…

TVPL

Pro

để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.

Mọi chi tiết xin liên hệ: ĐT:

(028) 3930 3279

DĐ:

0906 22 99 66

Bạn phải đăng nhập hoặc đăng ký Thành Viênđể sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.Mọi chi tiết xin liên hệ:

a) Issue warning;

b) Impose a fine up to VND 100,000,000;

c) Suspend license, capacity certificate or
practicing certificate or suspend operations for fixed periods;

d) Enforce the remedial measures mentioned in
Clause 3 Article 3 of this Decree.

2. Heads of specialized inspection teams
established by the Inspectorate of the Ministry of Construction shall have the
power to:

a) Issue warning;

b) Impose a fine up to VND 500,000,000 for
violations in investment and construction sector or a fine up to VND
210,000,000 for violations in the following sectors: Extraction, processing and
trading of minerals used in construction, production and trading of building
materials; management of infrastructural constructions; real estate business,
housing development, management and operation of apartment buildings and office
buildings;

c) Suspend license, capacity certificate or
practicing certificate or suspend operations for fixed periods;

d) Enforce the remedial measures mentioned in Clause
3 Article 3 of this Decree.

…

TVPL

Pro

để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.

Mọi chi tiết xin liên hệ: ĐT:

(028) 3930 3279

DĐ:

0906 22 99 66

Bạn phải đăng nhập hoặc đăng ký Thành Viênđể sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.Mọi chi tiết xin liên hệ:

1. Issue warning.

2. Impose a fine up to VND 100,000,000.

3. Suspend license, capacity certificate or practicing
certificate or suspend operations for fixed periods.

4. Enforce the remedial measures mentioned in
Clause 3 Article 3 of this Decree.

Article 74. Power to impose
administrative penalties of Chief Inspector of the Ministry of Construction

1. Issue warning.

2. Impose a fine:

a) up to VND 300,000,000 for violations in the
following sectors: extraction, processing and trading of minerals used in
construction, production and trading of building materials; management of
infrastructural constructions; real estate business, housing development,
management and operation of apartment buildings and office buildings; or

b) up to VND 1,000,000,000 for violations in
investment and construction sector.

…

TVPL

Pro

để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.

Mọi chi tiết xin liên hệ: ĐT:

(028) 3930 3279

DĐ:

0906 22 99 66

Bạn phải đăng nhập hoặc đăng ký Thành Viênđể sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.Mọi chi tiết xin liên hệ:

4. Enforce the remedial measures mentioned in
Clause 3 Article 3 of this Decree.

Article 75. Power to impose
administrative penalties of People’s public security forces

Persons who work at People’s public security forces
and have the power to impose penalties shall have the power to impose penalties
for administrative violations prescribed in Article 6 herein.

Article 76. Power to impose
administrative penalties of Chairpersons of Communal-level People’s Committees

1. Issue warning.

2. Impose a fine up to VND 10,000,000.

3. Enforce the remedial measures mentioned in Point
a, Point b and Point dd Clause 3 Article 3 of this Decree.

Article 77. Power to impose
administrative penalties of Chairpersons of District-level People’s Committees

1. Issue warning.

…

TVPL

Pro

để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.

Mọi chi tiết xin liên hệ: ĐT:

(028) 3930 3279

DĐ:

0906 22 99 66

Bạn phải đăng nhập hoặc đăng ký Thành Viênđể sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.Mọi chi tiết xin liên hệ:

3. Suspend license, capacity certificate or
practicing certificate or suspend operations for fixed periods.

4. Enforce the remedial measures mentioned in
Clause 3 Article 3 of this Decree.

Article 78. Power to impose
administrative penalties of Chairpersons of Provincial-level People’s
Committees

1. Issue warning.

2. Impose a fine:

b) up to VND 1,000,000,000 for violations in
investment and construction sector.

3. Suspend license, capacity certificate or
practicing certificate or suspend operations for fixed periods.

4. Enforce the remedial measures mentioned in Clause
3 Article 3 of this Decree.

…

TVPL

Pro

để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.

Mọi chi tiết xin liên hệ: ĐT:

(028) 3930 3279

DĐ:

0906 22 99 66

Bạn phải đăng nhập hoặc đăng ký Thành Viênđể sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.Mọi chi tiết xin liên hệ:

IMPLEMENTATION
PROVISIONS

Article 79. Transition
provision

1. An administrative violation which is not
mentioned in Clause 2 and Clause 3 of this Article and to which a decision on
imposition of administrative penalties is issued by a competent authority but
is not yet implemented shall be sanctioned, with force or not, in accordance
with regulations of the Law on Actions against Administrative Violations, the
Government’s Decree No. 121/2013/ND-CP dated October 10, 2013 providing for
penalties for administrative violations against regulations on construction;
real estate business; extraction, production and trading of minerals used in
construction; management of infrastructural constructions; management and development
of apartment buildings and office buildings (hereinafter referred to as the
Decree No. 121/2013/ND-CP) and the Government’s Decree No. 180/2007/ND-CP dated
December 07, 2007 elaborating and guiding the implementation of the Law on
Construction with respect of penalties for violations against urban
construction order (hereinafter referred to as the Decree No. 180/2007/ND-CP).

2. Administrative violations prescribed in Clause
1, Clause 2 and Clause 3 Article 5 of the Decree No. 180/2007/ND-CP, which have
been committed after the date of entry into force of the Decree No.
180/2007/ND-CP, and ended before the date of entry into force of this Decree,
meet the requirements in Clause 9 Article 13 of the Decree No. 121/2013/ND-CP
and now are conformable with the construction planning approved by a competent
authority shall be sanctioned in accordance with regulations in Clause 9
Article 13 of the Decree No. 121/2013/ND-CP.

3. Administrative violations prescribed in Clause
3, Clause 5, Clause 5, Point b Clause 7 Article 13 and Clause 2 Article 70 of
the Decree No. 121/2013/ND-CP, which have ended before the date of entry into
force of this Decree, meet the requirements in Clause 9 Article 13 of the
Decree No. 121/2013/ND-CP and now are conformable with the construction
planning approved by a competent authority shall be sanctioned in accordance
with regulations in Clause 9 Article 13 of the Decree No. 121/2013/ND-CP.

4. As from the date of entry into force of this
Decree, the administrative violations which are prescribed in Clause 2, Clause
3 of this Article and sanctioned according to decisions issued in accordance
with regulations in Clause 9 Article 13 of the Decree No. 121/2013/ND-CP but
now are repeated shall be sanctioned in accordance with regulations in Article
15 herein.

5. Illegal benefits, which are obtained from
administrative violations and calculated according to the value of works or
work items built inconsistently with regulations or without building permits,
must not be transferred to state budget in case of construction of
single-detached houses.

6. The Ministry of Construction shall stipulate
specific cases and methods of calculation of illegal benefits obtained from
works or work items built inconsistently with regulations as mentioned in Clause
2, Clause 3 and Clause 4 of this Article.

Article 80. Entry into force

…

TVPL

Pro

để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.

Mọi chi tiết xin liên hệ: ĐT:

(028) 3930 3279

DĐ:

0906 22 99 66

Bạn phải đăng nhập hoặc đăng ký Thành Viênđể sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.Mọi chi tiết xin liên hệ:

Article 81. Implementation
responsibility

1. The Ministry of Construction shall promulgate
detailed guidance on Article 15 and Article 79 herein.

2. Ministers, heads of ministerial-level agencies,
heads of the Government’s affiliates, Chairpersons of People’s Committees of
provinces and central-affiliated cities and heads of relevant agencies shall be
responsible for implementing this Decree./.

ON BEHALF OF
THE GOVERNMENT
PRIME MINISTER

Nguyen Xuan Phuc