Nghị định 63/2019/NĐ-CP xử phạt vi phạm hành chính trong lĩnh vực quản lý sử dụng tài sản công mới nhất

THE
GOVERNMENT
——-

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

No.:
63/2019/ND-CP

Hanoi,
July 11, 2019

 

DECREE

PENALTIES
FOR ADMINISTRATIVE VIOLATIONS AGAINST REGULATIONS ON MANAGEMENT AND USE OF
PUBLIC PROPERTY, THRIFT PRACTICE AND WASTEFULNESS COMBAT, NATIONAL RESERVE AND
STATE TREASURY

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

Pursuant to the Law on penalties
for administrative violations dated June 20, 2012;

Pursuant to the Law on management
and use of public property dated June 21, 2017;

Pursuant to the Law on state
budget dated June 25, 2015;

Pursuant to the Law on thrift practice and
wastefulness combat dated November 26, 2013;

Pursuant to the Law on national
reserve dated November 20, 2012;

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The Government promulgates a Decree on penalties for administrative violations against regulations on
management and use of public property, thrift practice and wastefulness combat, national reserve and state treasury.

Chapter I

GENERAL
PROVISIONS

Article 1. Scope

1. This Decree deals with violations,
penalties, fines, remedial measures against administrative violations, the
power to make records of administrative violations and the
power to impose penalties against administrative violations in the
following fields:

a) Management and use of public property in
authorities and organizations, property of state-funded projects, property
under the established public ownership and infrastructure property invested and
managed by the State;

b) Thrift practice and wastefulness combat;

c) National reserve;

d) State Treasury.

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Article 2.
Regulated entities

1. Organizations or
individuals committing administrative violations against
regulations on management and use of public property, thrift practice and wastefullness combat, national reserve and state treasury.

2. The organizations mentioned in
Clause 1 of this Article include:

a) Regulatory authorities;

b) Units affiliated to the People’s Armed Force;

c) Public service providers;

d) Agencies affiliated to the
Communist Party of Vietnam;

dd) Socio-political organizations,
socio-political and professional
organizations, social organizations, socio-professional
organizations and other organizations established under the law on
associations;

e) Other involved enterprises, organizations and
individuals.

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(028) 3930 3279

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0906 22 99 66

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4. In case an official or public employee commits a violation when he/she is on duty and
that violation does not relate to his/her assigned tasks as regulated in
relevant legislative documents or an administrative document issued by a
competent authority or person, he/she shall not incur administrative penalties
according to regulations herein but shall suffer punishment in accordance with regulations of law on officials and public employees.

A regulatory authority that commits a violation
relating to its assigned state management tasks shall not face administrative
penalties according to regulations herein but shall suffer punishment in
accordance with relevant law provisions.

Article 3. Prescriptive
periods for administrative violations punishable

The prescriptive period for imposition of penalties for one of the administrative violations
against regulations on management and use of public property, thrift practice
and wastefullness combat, national reserve and state
treasury specified in this Decree is 01 year. The prescriptive period of
imposition of penalties for an administrative violation relating to house, land
and infrastructure property invested and managed by the State shall be 02 years.

Article 4.
Penalties and remedial measures

1. Principal penalties:

a) Principal penalties prescribed in this Decree
include warnings and fines;

b) The maximum fine for committing a violation
against regulations on management and use of public property, national reserve
and state treasury is VND 50,000,000 if it is imposed upon an individual or VND
100,000,000 if it is imposed upon an organization. The maximum fine for
committing a violation against regulations on thrift practice and wastefulness
combat is VND 100,000,000 if it is imposed upon an individual or VND
200,000,000 if it is imposed upon an organization.

2. Additional penalties:

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(028) 3930 3279

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0906 22 99 66

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3. Remedial measures against
violations against regulations on management and use of public property:

Depending on the nature and severity
of each violation, the violator shall also be
liable to one or some of the following remedial measures:

a) Enforced transfer of an amount of money
equivalent to the value of property;

c) Enforced transfer of money obtained from the
commission of administrative violation;

c) Enforced return of the property. The violator is
compelled to restore original conditions of property which has been damaged by
the violation. In case of failure to restore the original conditions of the
property, the violator is required to pay an amount of money equivalent to the
value of property or provide another property which has the same uses and value
with the original property.

d) Enforced demolition of the work constructed
within encroached area of the working office or public service facility;

dd) Enforced invalidation of reports in case of
commission of violations against regulations on input and use of public
property data;

e) Enforced correction and/or addition of data,
information and reports on public property.

4. Remedial measures against
violations against regulations on thrift practice and wastefulness combat:

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(028) 3930 3279

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0906 22 99 66

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a) Enforced return of funding of a state
budget-derived fund which has been used inconsistently with its purposes or
principles announced by a competent authority;

b) Enforced transfer of illegal benefits, obtained
from the use of a state budget-derived fund inconsistently with its operating
regulations or financial mechanism promulgated by a competent authority, to the
state budget-derived fund.

5. Remedial measures against
violations against regulations on national reserve:

Depending on the nature and severity
of each violation, the violator shall also be liable to one or some of the
following remedial measures:

a) Enforced transfer of illegal benefits obtained
from commission of violations against regulations on trading, storage,
distribution and use of national reserves for relief; warehousing and
dispatching of national reserves; management of funding and expenditures for
national reserve activities; transaction, pledging, mortgage and operation of
property in national reserves;

b) Enforced restoration to original conditions of
technical facilities or warehouses for storing national reserve goods;

c) Enforced return of national reserves damaged by
sabotage or commission of violations against regulation on distribution and use
of national reserves for relief;

d) Enforced recovery of national reserves which
have been dispatched or distributed inconsistently with regulations;

dd) Enforced restoration to original conditions of
property which is national reserve warehouse and has been illegally traded,
pledged, mortgaged, leased or operated.

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(028) 3930 3279

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0906 22 99 66

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Depending on the nature and severity
of each violation, the violator shall also be liable to one or some of the
following remedial measures:

a) Enforced recovery of amounts paid according to
payment vouchers/documents for unexecuted or uncompleted workloads that do not
meet payment requirements and amounts paid more than the value of contract or
its appendix;

b) Enforced recovery of amounts paid according to
payment documents/vouchers which have prepared inconsistently with regulations
and amounts improperly paid according to documents/vouchers whose contents are
different from those on the original documents/vouchers if not liable to
criminal prosecution;

c) Enforced recovery of all amounts paid according
to forged documents/vouchers for state budget expenditures
if not liable to criminal prosecution;

d) Enforced completion of payment
documents/vouchers in accordance with regulations in case of commission of
regulations on payment for state budget expenditures;

dd) Enforced making of payment commitments before
requesting the State Treasury to make payments using state budget or enforced
completion of procedures for payment commitments in case of commission of
violations against procedures for payment commitments;

e) Enforced completion of procedures for advanced
payment in case of commission of violations against procedures or time limits
for advance funding of state budget;

g) Enforced blockade or closing of account in case
of commission of violations against regulations on registration and use of
accounts opened at state treasury; enforced blockade of account in case of
forging documents for registration of account at state treasury if not liable
to criminal prosecution.

7. Organizations or
individuals incurring penalties as regulated herein shall not use state budget
or state budget-derived funding to pay fines and cover costs of remedial
measures. The violating organization shall, upon its implementation of the
penalty imposition decision, determine legal liabilities
of individuals at fault in accordance with law provisions and regulations on
management and use of public property of the violating organization, including
repayment of fines paid and remedial measures depending on the severity of
mistake of each individual.

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(028) 3930 3279

DĐ:

0906 22 99 66

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The fines prescribed in Section 1, Section 2,
Section 3 and Section 4 Chapter II, Section 1 Chapter II, Section 1 Chapter IV,
Section 1 and Section 2 Chapter V hereof are imposed upon organizations. The
fine imposed upon an individual shall be equal to a half of the fine imposed
upon an organization for committing the same violation (except provisions in
Article 17, Article 23 and Article 27
hereof).

Chapter II

ADMINISTRATIVE
VIOLATIONS AGAINST REGULATIONS ON MANAGEMENT AND USE OF PUBLIC PROPERTY,
PENALTIES, FINES AND REMEDIAL MEASURES

Section 1. VIOLATIONS AGAINST
REGULATIONS ON MANAGEMENT AND USE OF PUBLIC PROPERTY AT REGULATORY AUTHORITIES,
ORGANIZATIONS AND UNITS, AND FINES

Article 6.
Violations against regulations on investment in and procurement of public
property

1. Fines shall be imposed for
investment in or procurement of property without a decision from a competent
authority or officer. To be specific:

a) A fine ranging from VND 1,000,000 to VND
5,000,000 shall be imposed for investment in or procurement of property that is
machinery, equipment or other property (except working office, public service
facility and car) with total value of each transaction not exceeding VND
100,000,000;

b) A fine ranging from VND 5,000,000
to VND 10,000,000 shall be imposed
for investment in or procurement of property that is machinery, equipment or
other property (except working office, public service facility and car) with total value of each transaction of
VND 100,000,000 or more;

c) A fine ranging from VND 20,000,000 to VND 50,000,000 shall be imposed for
investment in or procurement of property that is working office, public
service facility or car.

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(028) 3930 3279

DĐ:

0906 22 99 66

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3. Fines shall be imposed for
investment in or procurement of property beyond the limits imposed by competent
authorities. To be specific:

a) A fine ranging from VND 1,000,000 to VND
5,000,000 shall be imposed for investment in or procurement of a unit of
property whose value exceeds the prescribed spending limit by less than VND
50,000,000;

b) A fine ranging from VND 5,000,000 to VND
10,000,000 shall be imposed for investment in or procurement of a unit of
property whose value exceeds the prescribed spending limit by from VND
50,000,000 to under VND 100,000,000;

c) A fine ranging from VND 10,000,000 to VND 20,000,000 shall be imposed for
investment in or procurement of a unit of property whose value exceeds the
prescribed spending limit by VND 100,000,000 or
more.

4. Remedial measures:

The violator is compelled to return the spending
amount on invested or procured property that exceeds the prescribed spending
limit if committing one of the violations prescribed in Clause 3 of this
Article.

5. The amount exceeding the
prescribed spending limit on property which is the basis for imposing fines
shall be determined as follows:

a) In case of investment in or
procurement of property that is car, machinery, equipment or other property in
excess of the prescribed quantity, the exceeding spending amount per a unit of
property is the unit price of that property determined according to the buying
price specified in the invoice or property procurement contract;

b) In case of investment in or procurement
of property that is car, machinery, equipment or other property with
correct quantity but with prices higher than the prescribed prices, the exceeding spending amount shall be the value of property
specified in the invoice or property procurement contract
minus (-) the value of property which is determined according to the prescribed
price set by a competent authority;

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(028) 3930 3279

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0906 22 99 66

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d) The persons that have the power to impose
penalties as prescribed in Article 29 and Article 30 hereof shall determine
such exceeding spending amounts which shall be used as the basis for imposing
penalties in accordance with regulations of the law on penalties for
administrative violations and shall assume responsibility for their
determination.

Article 7.
Violations against regulations on lease of property

1. A fine ranging from VND
1,000,000 to VND 5,000,000 shall be imposed for one of the following violations
against regulations on property lease if the value of the property lease
agreement is less than VND 100,000,000:

a) Leasing property without the decision on
property lease issued by a competent authority or officer;

b) Leasing property beyond the limits imposed by
competent authorities;

c) Selecting leasing service providers against
procedures or methods laid down in the law on management and use of public
property and relevant laws.

2. A fine ranging from VND 5,000,000 to VND 10,000,000 shall be imposed for
committing the violation prescribed in Clause 1 of this
Article if the value of the property lease agreement is VND
100,000,000 or higher.

3. Remedial measures:

The violator is compelled to return
the spending amount on leasing of property that exceeds
the prescribed spending limit if committing the violation prescribed in Point
b Clause 1 of Clause 2 of this Article.

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(028) 3930 3279

DĐ:

0906 22 99 66

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a) If a specific value is specified in the property
lease agreement, that value shall be used as the basis for imposing fines;

b) In case of leasing property without entering
into a written property lease agreement or the property lease agreement
contains insufficient information for determining the value as prescribed in
Clause a of this Clause, the value used as the basis for imposing fines shall
be determined by the price of leasing of property of the same category or
having similar standards or techniques on the market at the time of commission
of violation multiplied by the leasing period counting from the commencement
date of the lease to the issue date of penalty imposition decision.

The persons that have the power to
impose penalties as prescribed in Article 29 and Article 30 hereof shall
determine values used as the basis for imposing penalties
in accordance with regulations of the law on penalties for administrative
violations and shall assume responsibility for their determination.

Article 8.
Violations against regulations on allocation, use and deliberate destruction of
public property

1. Fines shall be imposed for
allocating public property beyond the limits imposed by competent authorities
or officers (allocating public property to ineligible entities or in excess of
the prescribed area, quantity or price). To be specific:

a) A fine ranging from VND 1,000,000 to VND
5,000,000 shall be imposed for allocating or using property whose value exceeds
the prescribed limit by less than VND 50,000,000;

b) A fine ranging from VND 5,000,000
to VND 10,000,000 shall be imposed for allocating or using property
whose value exceeds the prescribed limit by from VND 50,000,000
to under VND 100,000,000;

c) A fine ranging from VND 10,000,000 to VND 20,000,000 shall be imposed for allocating or using property whose value
exceeds the prescribed limit by VND 100,000,000 or more.

2. Fines shall be imposed for
allocating or using public property for improper purposes (using public
property invested, equipped or procured against its purposes or uses; using
working office or public service facility for residential purpose or other
personal purposes; using cars to take officials from their residences to work
while they are ineligible for this regime; using cars to serve work trips of
officials without approval from competent authorities while they are ineligible
for this regime; allocating or using cars for personal purposes; using
machinery, equipment or other property for personal purposes). To be specific:

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(028) 3930 3279

DĐ:

0906 22 99 66

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b) A fine ranging from VND 5,000,000 to VND 10,000,000 shall be imposed for
allocating or using property that is machinery, equipment or other property
(except working office, public service facility or car)
whose book value is VND 100,000,000 or more (hereinafter
referred to as “property worth VND 100,000,000 or more);

c) A fine ranging from VND 10,000,000
to VND 20,000,000 shall be imposed for allocating or using property that is
working office, public service facility or car.

3. The following fines shall
be imposed for vandalism or deliberate destruction of public property if not
liable to criminal prosecution:

a) A fine ranging from VND 1,000,000 to VND
5,000,000 shall be imposed for deliberate destruction of property that is machinery, equipment or other property whose book value is less
than VND 100,000,000;

b) A fine ranging from VND 5,000,000 to VND 10,000,000 shall be imposed for
deliberate destruction of property that is machinery, equipment or other
property whose book value is VND 100,000,000 or more;

c) A fine ranging from VND 10,000,000
to VND 20,000,000 shall be imposed for deliberate destruction of property that
is working office, public service facility or car.

4. Remedial measures:

a) The violator is compelled to return an amount
equivalent to the value of property that exceeds the prescribed limit in case
of commission of the violation in Clause 1 of this Article;

b) In case of commission of
the violation in Clause 3 of this Article, the violator is
compelled to restore the original conditions of the property which has been
damaged by the violation; in case of failure to restore
the original conditions of the property, the violator is required to pay an
amount of money equivalent to the value of property or provide another property
which has the same uses and value with the original property.

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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) In case of allocation or use of property that is
car, machinery, equipment or other property in excess of the prescribed
quantity, the exceeding value shall be the exceeding quantity of property
multiplied by its book value; in case the book value of property is not
available, the purchase price of a new property of the same category or having
similar technical standards and uses on the market at the time of commission of
the violation shall be employed;

b) In case of allocation or
use of property that is car, machinery,
equipment or other property with correct quantity but with prices higher than
the prescribed prices, the exceeding value shall be the
quantity of property multiplied by the difference between its book value and
its value determined according to the price imposed by a competent authority;

c) In case the property is working office or public
service facility, the exceeding value shall be the difference between the
actual area and the prescribed usable area multiplied by the average unit price
recorded in accounting books; in case the unit price is not available in
accounting books, the investment rate of a house or building of similar
technical standards announced by the Ministry of Construction
applicable at the time of commission of the violation shall be employed;

d) The persons that have the power to
impose penalties as prescribed in Article 29 and Article 30 hereof shall
determine such exceeding values which shall be used as the
basis for imposing penalties in accordance with regulations of the law on
penalties for administrative violations and shall assume responsibility for
their determination.

Article 9.
Violations against regulations on lending of public property

1. Fines shall be imposed for
lending/using public property for improper purposes (allowing another
organization or individual to use public property regardless of written lending
agreement and lending period). To be specific:

a) A fine ranging from VND 1,000,000
to VND 5,000,000 shall be imposed for lending public
property worth less than VND 100,000,000;

b) A fine ranging from VND 5,000,000
to VND 10.000.000 shall be imposed for lending public property worth VND
100,000,000 or more;

c) A fine ranging from VND 50,000,000
to VND 60,000,000 shall be imposed for lending property
that is working office, public service facility or car.

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Mọi chi tiết xin liên hệ: ĐT:

(028) 3930 3279

DĐ:

0906 22 99 66

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The organization that commits the
violation in Clause 1 of this Article shall also be liable to the following remedial measures:

a) The violating organization
is compelled to return the property lent out.
The violating organization is compelled to restore the
original conditions of the property which has been damaged by the violation. In
case of failure to restore the original conditions of the property, the violating
organization is required to pay an amount of money equivalent to
the value of property or provide another property which has the same uses and
value with the original property;

b) The violating organization is compelled to
transfer to the state budget an amount of money equivalent to the property
rental for the lending period. Property rental shall be determined according to
Clause 4 Article 7 hereof.

Article 10.
Penalties for improperly exchanging or giving public property

1. Fines shall be imposed for
exchanging public property inconsistently with regulations (an organization
uses its public property to exchange for the property of another organization
or individual without permission of a competent authority or person). To be
specific:

a) A fine ranging from VND 1,000,000
to VND 5,000,000 shall be imposed if the exchanged property
is worth less than VND 100,000,000;

b) A fine ranging from VND 5,000,000
to VND 10.000.000 shall be imposed if the exchanged property is worth VND
100,000,000 or more;

c) A fine ranging from VND 10,000,000
to VND 20,000,000 shall be imposed if the exchanged property is working office,
public service facility or car.

2. A fine ranging from VND
20,000,000 to VND 50,000,000 shall be imposed for giving public property
inconsistently with regulations (using public property as gifts inconsistently
with regulations on giving of gifts promulgated by competent authorities).

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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:

The violator is compelled to return the property or
pay an amount equivalent to the value of the exchanged or given property in
case of commission of the violation in Clause 1 or Clause 2 of this Article.

Article 11. Penalties
for encroaching upon working office or public service facility

1. A fine ranging from VND
10,000,000 to VND 15,000,000 shall be imposed for encroaching upon working
office or public service facility (i.e. an adjacent land user deliberately
moves boundary markers of its/his/her land plot with the aims of expanding land
area or builds a work encroaching upon the land area of a working office or
public service facility, regulatory authority, organization or unit; an
organization or individual uses the house or land area of the working office or
public service facility, regulatory authority, organization or unit without
permission).

2. Additional penalties:

The exhibits/
instrumentalities of the violation prescribed in Clause 1
of this Article shall be confiscated.

3. Remedial measures:

The organization or individual that commits the violation in Clause 1 of this Article shall also be liable
to the following remedial measures:

a) Restore the original conditions of the working
office or public service facility and return the encroached land area;

b) Demolish the work built on the encroached land
area;

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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 12. Penalties
for appropriation of public property

1. Fines shall be imposed for
appropriation of public property if not liable to criminal prosecution (holding
and using public property without permission given by competent authorities).
To be specific:

a) A fine ranging from VND 1,000,000
to VND 5,000,000 shall be imposed if the public property
is worth less than VND 100,000,000;

b) A fine ranging from VND 5,000,000
to VND 10,000,000 shall be imposed if
the public property is worth VND 100,000,000 or more;

c) A fine ranging from VND 10,000,000
to VND 20,000,000 shall be imposed for appropriating
working office, public service facility or car.

2. Additional penalties: The
exhibits/ instrumentalities of the violation prescribed in Clause 1 of this
Article shall be confiscated.

3. Remedial measures: The
organization or individual that commits the violation in Clause 1 of this
Article shall also be liable to the following remedial measures:

a) The violating organization
or individual is compelled to restore the original conditions of
the property which has been damaged by the violation. In case of failure to
restore the original conditions of the property, the violating organization
or individual is required to pay an amount of money equivalent to
the value of property or provide another property which has the same uses and
value with the original property;

b) The violating organization
or individual is compelled to transfer to
the state budget an amount of money equivalent to the property rental during
the property appropriation period. Property rental shall be
determined according to Clause 4 Article 7 hereof.

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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. Fines shall be imposed for
using public property for business purpose, leasing or joining in a cooperation
or association without approvals by competent authorities or officers according
to law regulations on management and use of public property applicable at the
time of using public property. To be specific:

a) A fine ranging from VND 1,000,000
to VND 5,000,000 shall be imposed for using property worth less than VND
100,000,000;

b) A fine ranging from VND 5,000,000
to VND 10,000,000 shall be imposed
for using property worth VND 100,000,000 or more;

c) A fine ranging from VND 15,000,000
to VND 20,000,000 shall be imposed for using property that is working office, public
service facility or car.

2. Fines shall be imposed for
violations against regulation on valuation of property used for business
purpose, leasing or joining in a cooperation or association. To be specific:

a) A fine ranging from VND 1,000,000 to VND
5,000,000 shall be imposed for establishing a property pricing council or
property valuation council with improper composition;

b) A fine ranging from VND 5,000,000 to VND 10,000,000
shall be imposed for failure to follow procedures established by law for
selecting a property valuation service provider to determine the value of
property used for business purpose, leasing or joining in a cooperation or
association.

3. Fines shall be imposed for
failure to comply with the schemes approved by competent authorities or
officers when using public property for business purpose, leasing or joining in
a cooperation or association resulting in adverse impact on performance of
assigned functions and duties. To be specific:

a) A fine ranging from VND 1,000,000
to VND 5,000,000 shall be imposed for using property worth less than VND
100,000,000;

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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) A fine ranging from VND 15,000,000
to VND 20,000,000 shall be imposed for using property that is working office, public
service facility or car.

4. Remedial measures:

a) The violator is compelled to
restore the original conditions of the property which has been damaged by the
violation in Clause 1 of this Article; in case of failure to restore the
original conditions of the property, the violator is required to pay an amount
of money equivalent to the value of property or provide another property which
has the same uses and value with the original property;

b) The violator is required to
return illegal benefits obtained from the violations in
Clause 1 and Clause 3 of this Article.

Article 14.
Violations against regulations on maintenance and repair of property

1. The organization that is
provided by a competent authority with funding for maintaining and repairing
property as regulated by law but fails to maintain or repair property resulting
in damaged property shall incur fines as follows:

a) A fine ranging from VND 500,000 to VND 1,000,000 shall be imposed for failure to maintain or
repair property worth less than VND 50,000,000;

b) A fine ranging from VND 2,000,000 to VND 10,000,000 shall be imposed for
failure to maintain or repair property worth from VND
50,000,000 to under VND 100,000,000;

c) A fine ranging from VND 30,000,000 to VND
50,000,000 shall be imposed for failure to maintain or repair property worth
VND 100,000,000 or more or property that is working office or public service
facility or car if not liable to criminal prosecution.

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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 the damaged property cannot be repaired, the
amount payable shall be equal to the buying price of a new property of the same
category or having similar standards and uses on the market multiplied by the
percentage of remaining quality of property at the valuation date;

b) If the damaged property can be repaired, the
amount payable shall be equal to the costs of repairing the property;

c) The head of the violating organization shall
decide amounts payable on the basis of determination by a financial agency
under its management and assume responsibility for its decision.

Article 15. Violations against
regulations on disposition of public property

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

a) Failing to make declaration or plan for
disposition of public property as regulated by laws;

b) Failing to make declaration or plan for
disposition of public property by the prescribed deadlines;

c) Failing to request competent authorities to
appropriate, transfer, sell, liquidate or destruct property when meeting
regulatory requirements (unless a public property is still used to serve demand
of an authority, organization or enterprise although its term of use expires as
regulated by law; in such case, it shall be disposed of according to decision
of the head of that authority, organization or enterprise).

2. A fine ranging from VND
5,000,000 to VND 10,000,000 shall be imposed for failing to maintain property
pending its disposition.

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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 fine ranging from VND 1,000,000 to VND
5,000,000 shall be imposed for selling, transferring, liquidating or
destructing property worth less than VND 100,000,000;

b) A fine ranging from VND 5,000,000 to VND
10,000,000 shall be imposed for selling, transferring, liquidating or
destructing property worth VND 100,000,000 or more;

c) A fine ranging from VND 10,000,000 to VND
20,000,000 shall be imposed for selling, transferring or liquidating property
that is working office, public service facility or car.

4. The following penalties
shall be imposed for improper declaration of list and current status of
property requiring disposition (resulting in a decision on disposition of
property made inconsistently with regulations):

a) A warning shall be imposed for improperly
declaring property worth less than VND 50,000,000;

b) A fine ranging from VND 500,000 to VND 1,000,000
shall be imposed for improperly declaring property worth from VND 50,000,000 to
VND 100,000,000;

c) A fine ranging from VND 1,000,000 to VND
5,000,000 shall be imposed for improperly declaring property worth VND
100,000,000 or more;

d) A fine ranging from VND 5,000,000 to VND
10,000,000 shall be imposed for improperly declaring property that is working
office, public service facility or car.

5. Remedial measures:

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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) The violator is compelled to pay an amount of
money equivalent to the value of property lost or damaged in case of commission
of the violation in Clause 2 of this Article.

6. The amount of
money payable which is equivalent to the value of property lost
or damaged as regulated in Point b Clause 5 of this Article is
determined as follows:

a) If property is lost or
damaged and cannot be repaired, the amount payable shall be equal
to the market price for buying a new
property of the same category or having similar standards and uses on the
market at the time of violation commission.

This market price may be determined according to
suppliers’ quotations posted or announced on the marketing or official
information published by suppliers on the Internet.

b) If the damaged property can be repaired,
the amount payable shall be equal to the costs of repairing the property.

Article 16.
Violations against regulations on organization of disposition of public
property

1. A fine ranging from VND 500,000 to
VND 1,000,000 shall be imposed for
commission of one of the following violations:

a) Failing to implement the property disposition
plan approved by a competent authority or officer within the prescribed time
limit.

The time limit for property disposition is
specified in the decision on property disposition. In case a decision on
property disposition does not stipulate the time limit for property
disposition, it shall be determined in accordance with relevant laws. In case
an extension of property disposition is granted by the competent authority that
gives approval for the property disposition plan, the prescribed time limit for
property disposition shall also include this extension.

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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 1,000,000
to VND 3,000,000 shall be imposed for
one of the following violations:

a) Establishing a valuation council inconsistently
with law regulations;

b) Establishing a valuation council with improper composition as regulated by laws;

c) Failing to adopt methods or follow procedures
laid down in laws for selecting professional auction or valuation service
providers to serve the property disposition;

d) Failing to publish the auction of public
property in accordance with the law on management and use of public property
(failing to post information relating to the auction of public property at
prescribed locations; failing to publish or ensure the period of time for
publishing information relating to the auction of public property on means of
mass media as regulated in the law on property auction; posting or publishing
insufficient information relating to the auction).

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

a) Failing to establish a
valuation council as regulated by laws;

b) Failing to publish information relating to the
auction of public property as regulated in Point d Clause 2 of this Article.

4. Fines shall be imposed for
failure to carry out valuation for using as the basis for determining the starting price when making disposition of property that is
working office, public service facility or other property on land by selling
method, or failure to organize property auction in cases where the disposition
of property requires property auction. To be specific:

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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 if the property
is worth VND 100,000,000 or more;

c) A fine ranging from VND 10,000,000
to VND 20,000,000 shall be imposed if the property is
working office, public service facility or car.

Article 17.
Violations against regulations on access to and use of public property data

The following fines shall be imposed upon
organizations or individuals for committing violations against regulations on
access to and use of public property date:

1. A fine ranging from VND 500,000 to
VND 1,000,000 shall be imposed for
commission of one of the following violations:

a) Making property declarations for inputting
property data to the National database public property with entries which are
not consistent with legal documents of the property or its current status;

b) Assigning inferior units to input
property data without obtaining a written approval from the Ministry of Finance;

c) Inputting or approving public property data
which is not conformable with property declarations made by that organization
in charge or managing and using the property.

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

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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) Accessing, infiltrating or attempting to access,
infiltrate, destroy or alter data on the National database on public property
or structure of software program;

c) Using information relating to public property on
the National database on public property of regulatory authorities,
organizations and units ultra vires;

d) Using public property data on the National
database on public property for personal purposes without permission from the
competent authority in charge of managing that database (i.e. using information
on the National database on public property for purposes other than the ones
prescribed in the law regulations on management and operation of software for
management and registration of public property without permission from the
competent authority in charge of managing that database).

3. Remedial measures:

a) Forged or falsified declarations of property
shall be invalidated;

b) The violator is compelled to correct data which must
be conformable with current status of property;

c) The violator is compelled to make additional
declarations of property in case of changes in property-related operations;

d) The violator is compelled
to correct information that is untrue or causes misunderstanding;

dd) The violator is compelled
to return illegal benefits obtained from administrative
violations.

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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 18. Violations
against regulations on equipment and provision of property of state-funded
projects

1. The organizations that
procure property without obtaining decisions issued by competent authorities or
officers shall incur fines according to regulations in Clause 1 Article 6
hereof.

2. The organizations that do
not apply the centralized procurement method when procuring property on the
list subject to centralized procurement shall incur fines according to
regulations in Clause 2 Article 6 hereof.

3. The organizations that
procure property beyond the prescribed spending limits shall incur fines
according to regulations in Clause 3 Article 6 hereof.

The value of property in excess of the prescribed spending limits shall be determined according to
regulations in Clause 5 Article 6 hereof.

4. The organizations that
commit violations against regulations on leasing of property to serve
management tasks of state-funded projects shall incur fines according to
regulations in Article 7 hereof.

Article 19.
Violations against regulations on allocation and use of property of
state-funded projects

1. The organizations that
allocate or use property of state-funded projects beyond the prescribed limits
or for improper purposes shall incur fines according to regulations in Article
8 hereof.

2. The organizations that lend property of state-funded projects inconsistently with
regulations shall incur fines according to regulations in Article
9 hereof.

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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. The organizations or
individuals that encroach upon working offices or public service facilities of
management boards of state-funded projects shall incur fines
according to regulations in Article 11 hereof.

5. The organizations or
individuals that illegally appropriate
property of state-funded projects shall incur fines according to regulations in
Article 12 hereof.

6. The organizations that
commit violations against regulations on use of property of state-funded
projects for production or business purposes, leasing or joining in cooperation
or association shall incur fines according to regulations in
Article 13 hereof.

7. The organizations that do
not carry out maintenance or repair of property of state-funded
projects in accordance with law regulations
shall incur fines according to regulations in Article 14 hereof.

Article 20.
Violations against regulations on disposition of property upon project
completion or property being no longer in use

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

a) Failing to inventory and submit report to a competent authority for carrying out disposition of property
within the prescribed time limit;

b) Failing to request competent authorities to
establish public ownership of property transferred by ODA experts or
construction contractors to Vietnam Government as regulated.

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

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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) Dismantling or changing
structure, spare parts or components of property.

3. The organizations that sell,
transfer, liquidate or destruct property without obtaining
decisions issued by competent authorities or officers shall incur fines
according to regulations in Clause 3 Article 15 hereof.

4. The organizations that make
improper declarations of list and current status of property requiring
disposition shall incur fines according to regulations in Clause 4 Article 15 hereof.

5. The organizations that fail
to implement property disposition plans approved by competent authorities or
officers shall incur fines according to regulations in Article 16 hereof.

6. Remedial measures:

The organization that commits the
violation in Clause 2 of this Article shall also be liable to the following
remedial measures:

a) The violating organization is
compelled to restore original conditions of property which has been damaged by
the violation. In case of failure to restore the original conditions of
property, the violating organization is required to pay an amount of money
equivalent to the value of property or provide another property which has the
same uses and value with the original property;

b) The violating organization is
compelled to return an amount of money equivalent to the value of lost
or damaged property. The amount of money payable which is
equivalent to the value of property lost or damaged is determined according
to regulations in Clause 6 Article 15 hereof.

Section 3.
VIOLATIONS AGAINST REGULATIONS ON MANAGEMENT AND DISPOSITION OF PROPERTY UNDER
PUBLIC OWNERSHIP, PENALTIES, FINES AND REMEDIAL MEASURES

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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 500,000 to
VND 1,000,000 shall be imposed for one of the following violations:

a) Failing to submit reports to competent
authorities or officers to establish public ownership of property as regulated;

b) Failing to transfer property to competent
authorities for disposition within the prescribed time limit.

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

a) Failing to maintain property
pending its disposition;

b) Dismantling or changing structure,
spare parts or components of property.

3. Remedial measures:

The organization that commits the
violation in Clause 2 of this Article shall also be liable to the following
remedial measures:

a) The violating organization is
compelled to restore original conditions of property which has been damaged by
the violation. In case of failure to restore the original conditions of
property, the violating organization is required to pay an amount of money
equivalent to the value of property or provide another property which has the
same uses and value with the original property;

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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 22. Violations
against regulations on disposition of property under established public
ownership

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

a) Failing to submit reports to
competent authorities or officers for formulating plans for disposition
of property under established public ownership;

b) Failing to submit reports to the competent
authority or officer that formulating the plan for disposition of property
under the established public ownership within the prescribed time limits.

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

a) Failing to formulate the plan for disposition of property under established public ownership;

b) Failing to formulate the plan for
disposition of property under established public ownership within the
prescribed time limit.

3. The organizations or
individuals that fail to implement plans for disposition
of property under established public ownership approved by
competent authorities or officers shall incur fines according to regulations in
Article 16 hereof.

Article 23.
Violations against regulations on access and use of data on property under
established public ownership

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Section 4.
VIOLATIONS AGAINST REGULATIONS ON MANAGEMENT AND USE OF INFRASTRUCTURE PROPERTY

Article 24. Violations
against regulations on operation of infrastructure property

1. A fine ranging from VND 10,000,000
to VND 20,000,000 shall be imposed for failing to obtain a decision approving
the Scheme for operation of infrastructure property issued by a competent
authority or officer according to regulations of the Law on management and use
of public property when leasing infrastructure property or giving the right to
operate infrastructure property to another party under concession agreement for
a stated period of time.

2. Fines shall be imposed for
committing violations against regulations on determination of infrastructure
property rental and concession price. To be specific:

a) A fine ranging from VND 1,000,000
to VND 5,000,000 shall be imposed for establishing a property valuation council with improper composition or ultra vires;

b) A fine ranging from VND 5,000,000 to VND
10,000,000 shall be imposed for failing to adopt methods or follow procedures
laid down by law when selecting valuation service providers to determine
infrastructure property lease or concession price.

3. A fine ranging from VND 15,000,000
to VND 20,000,000 shall be imposed for carrying out lease or concession of
infrastructure property for a specific period for the purposes other than those
defined in the Scheme approved by a competent authority or officer.

4. Remedial measures:

The violator is required to return money obtained from the violations in Clause 1 and Clause 2 of this Article.

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(028) 3930 3279

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0906 22 99 66

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

a) Failing to make declaration or
plan for disposition of infrastructure property as
regulated by laws;

b) Failing to request competent
authorities to appropriate, transfer, sell, liquidate or destruct infrastructure property when meeting regulatory requirements (unless a public
property is still used to serve demand of an authority, organization or
enterprise although its term of use expires as regulated by law; in such case, the
property disposition shall be subject to decision of the head of
that authority, organization or enterprise);

c) Failing to submit reports to competent
authorities for disposition of property that is lost or damaged.

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

a) Failing to maintain infrastructure
property pending its disposition;

b) Improperly declaring list and current status of
property requiring disposition resulting in a decision on disposition of
property made inconsistently with regulations.

3. A fine ranging from VND
10,000,000 to VND 20,000,000 shall be imposed for disposition of property
without decision issued by a competent authority or officer.

4. Remedial measures:

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(028) 3930 3279

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0906 22 99 66

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Article 26.
Violations against regulations on organization of disposition of infrastructure
property

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

a) Failing to implement the property
disposition plan approved by a competent authority or officer within the
prescribed time limit;

b) Failing to transfer property which
is subject to a property transfer or appropriation decision to the
property-receiving authority within the prescribed time limit.

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

a) Establishing a valuation council or property
disposition council with improper composition or ultra vires;

b) Failing to publish the auction of
public property in accordance with the law on property auction
(failing to post information relating to the auction of public property at
prescribed locations; failing to publish or ensure the period of time for publishing
information relating to the auction of public property on means of mass media
as regulated in the law on property auction; posting or publishing insufficient
information relating to the auction).

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

a) Failing to establish a valuation council or property disposition council as
regulated by laws;

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(028) 3930 3279

DĐ:

0906 22 99 66

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c) Failing to publish information
relating to the auction of public property as regulated in Point d Clause 2 of
this Article.

4. A fine ranging from VND 10,000,000
to VND 20,000,000 shall be imposed for failing to carry out valuation for using
as the basis for determining the starting price when
making disposition of infrastructure property by selling method.

Article 27.
Violations against regulations on access to and use of infrastructure property
data

The organizations or individuals that
commit violations against regulations on access and use of data on infrastructure
property shall incur fines according to regulations in Article 17
hereof.

Section 5. POWER TO MAKE RECORDS
OF VIOLATIONS AGAINST REGULATIONS ON MANAGEMENT AND USE OF PUBLIC PROPERTY AND
POWER TO IMPOSE PENALTIES

Article 28.
Power to make records of violations against regulations on management and use
of public property

1. Persons that have the power to make records of violations against regulations on management
and use of public property include:

a) Persons that have the power to impose penalties
for administrative violations against regulations on management and use of
public property prescribed in Article 29 and Article 30 hereof;

b) Officials who are assigned to inspect the
compliance with the law on management and use of public property.

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(028) 3930 3279

DĐ:

0906 22 99 66

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Article 29.
Power to impose penalties of Chairpersons of People’s Committees

1. Chairpersons of People’s
Committees of districts shall have the power to:

a) Issue warnings;

b) Impose a fine up to VND
50,000,000;

c) Confiscate the exhibits and
instrumentalities for committing administrative violations worth less than the fine specified in Point b of
this Clause;

d) Impose the remedial measures
mentioned in Clause 3 Article 4 of this Decree.

2. Chairpersons of People’s
Committees of provinces shall have the power to:

a) Issue warnings;

b) Impose a fine up to VND
100,000,000;

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(028) 3930 3279

DĐ:

0906 22 99 66

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d) Impose the remedial measures
mentioned in Clause 3 Article 4 of this Decree.

Article 30.
Power to impose penalties of inspectors

1. On-duty inspectors
and persons assigned to carry out specialized inspections in the field
of management and use of public property shall have the power to:

a) Issue warnings;

b) Impose a fine up to VND 500,000;

c) Confiscate the exhibits and
instrumentalities for committing administrative violations worth less than the
fine specified in Point b of this Clause;

d) Impose the remedial measures
mentioned in Clause 3 Article 4 of this Decree.

2. Chief Inspectors of
provincial Departments, and heads of specialized inspection teams established
by provincial Departments shall have the power to:

a) Issue warnings;

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(028) 3930 3279

DĐ:

0906 22 99 66

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c) Confiscate the exhibits and
instrumentalities for committing administrative violations worth less than the fine
specified in Point b of this Clause;

d) Impose the remedial measures
mentioned in Clause 3 Article 4 of this Decree.

3. Heads of specialized inspection
teams established by Ministries shall have the power to:

a) Issue warnings;

b) Impose a fine up to VND 70,000,000;

c) Confiscate the exhibits and
instrumentalities for committing administrative violations worth less than the
fine specified in Point b of this Clause;

d) Impose the remedial measures
mentioned in Clause 3 Article 4 of this Decree.

4. Chief Inspectors of
Ministries shall have the power to:

a) Issue warnings;

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(028) 3930 3279

DĐ:

0906 22 99 66

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c) Confiscate the exhibits and
instrumentalities for committing administratvie violations;

d) Impose the remedial measures
mentioned in Clause 3 Article 4 of this Decree.

Chapter III

ADMINISTRATIVE
VIOLATIONS AGAINST REGULATIONS ON THRIFT PRACTICE AND WASTEFULNESS COMBAT,
PENALTIES, FINES AND REMEDIAL MEASURES

Section 1.
VIOLATIONS AGAINST REGULATIONS ON THRIFT PRACTICE AND WASTEFULNESS COMBAT, AND
FINES

Article 31.
Violations against law regulations on thrift practice and wastefulness combat
regarding the use of means of communications, electricity, water, gas and oil,
newspapers, books, office stationery, organization of conferences and seminars,
reception of guests, travelling on domestic and overseas business trips using
funding derived from state budget, procurement of equipment to serve operation
of health facilities covered by state budget but not liable to criminal
prosecution

1. A fine ranging from VND
1,000,000 to VND 2,000,000 shall be imposed for using means of communications,
electricity, water, gas and oil, newspapers, books, office stationery,
organization of conferences and seminars, reception of guests, travelling on
domestic and overseas business trips using funding derived from state budget in
excess of the spending limits imposed by competent authorities.

2. Fines shall be imposed for
procuring equipment that is not on the list approved by a competent authority
when making procurement of equipment to serve operation of health facilities
using funding from state budget. To be specific:

a) A fine ranging from VND 1,000,000 to VND
5,000,000 shall be imposed if total value of pieces of equipment that are not
on the approved list and procured in each transaction is less than VND
50,000,000;

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(028) 3930 3279

DĐ:

0906 22 99 66

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c) A fine ranging from VND 10,000,000
to VND 20,000,000 shall be imposed if total value of pieces of equipment that
are not on the approved list and procured in each transaction is VND
100,000,000 or more.

3. Health facilities that
procure equipment to serve their operation by using state budget in excess of
the prescribed limits shall incur fines according to regulations in Article 6
hereof.

Article 32.
Violations against law regulations on thrift practice and wastefulness combat
regarding management and use of state budget-derived funds

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

a) Using a state budget-derived fund for improper
purposes or inconsistently with its principles announced by a competent
authority;

b) Using a state
budget-derived fund inconsistently with its operating regulations or financial
mechanism promulgated by a competent authority.

2. A fine ranging from VND 50,000,000
to VND 60,000,000 shall be imposed for using investment capital in a wasteful
manner that is inconsistent with standards, technical regulations or beyond the
prescribed limits.

3. Remedial measures:

a) Funding that is used for improper purposes must
be recovered and transferred to the state budget-derived fund in case of
commission of the violation in Point a Clause 1 of this Article;

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(028) 3930 3279

DĐ:

0906 22 99 66

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Article 33.
Violations against law regulations on thrift practice and wastefulness combat
regarding extraction and use of natural resources but not liable to criminal
prosecution

1. A fine ranging from VND
1,000,000 to VND 5,000,000 shall be imposed for illegally obstructing
scientific and technological research and application or implementation of
projects using recyclable resources.

2. A fine ranging from VND
20,000,000 to VND 30,000,000 shall be imposed for extracting and using natural
resources inconsistently with planning or procedures approved by competent
authorities.

Article 34.
Violations against law regulations on thrift practice and wastefulness combat
regarding investment and construction of projects using state funding, money
and public property

Violations against regulations on thrift practice
and wastefulness combat regarding in investment and construction of
state-funded projects shall be handled in accordance with the Government’s
Decree No. 139/2017/ND-CP dated November 27, 2017,
relevant documents and their amendments (if any).

Article 35.
Violations against law regulations on thrift practice and wastefulness combat
regarding management and use of working offices and public service facilities
by organizations funded by state budget but not liable to criminal prosecution

1. A fine ranging from VND
5,000,000 to VND 10,000,000 shall be imposed for committing violations against
regulations on management of working offices and public service facilities by
organizations funded by state budget resulting in wastefulness.

2. The organizations funded by
state budget but committing violations against regulations on standards and
norms for using working offices and public service facilities resulting in
wastefulness shall incur fines according to regulations in Article 8 hereof.

Article 36.
Violations against law regulations on thrift practice and wastefulness combat
regarding management and use of capital and public property at state-funded
single-member limited liability companies but not liable to criminal
prosecution

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(028) 3930 3279

DĐ:

0906 22 99 66

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2. A fine ranging from VND
30,000,000 to VND 40,000,000 shall be imposed for committing violations against
regulations on management and use of capital of state-funded single-member
limited liability companies resulting in wastefulness and procurement,
management and use of assets and materials by state-funded single-member
limited liability companies inconsistently with law regulations on
financial management, public property and construction management.

3. A fine ranging from VND 40,000,000
to VND 70,000,000 shall be imposed for procurement, management and use
of fixed assets, materials and other assets by state-funded
single-member limited liability companies in excess of the limits imposed by
competent authorities.

4. A fine ranging from VND 70,000,000
to VND 100,000,000 shall be imposed
for management and use of funding for covering expenses of
state-funded single-member limited liability companies inconsistently
with limits, unit prices and standards
imposed by competent authorities.

Section 2. POWER
TO MAKE RECORDS OF VIOLATIONS AGAINST REGULATIONS ON THRIFT PRACTICE AND
WASTEFULNESS COMBAT AND POWER TO IMPOSE PENALTIES

Article 37.
Power to make records of violations against regulations on thrift practice and
wastefulness combat

1. Persons that have power to make records of violations against regulations on thrift practice
and wastefulness combat include:

a) Persons that have the power to
impose penalties for administrative violations against regulations on thrift
practice and wastefulness combat prescribed in Article 38 and
Article 39 hereof;

b) Officials assigned to inspect the compliance
with law regulations on thrift practice and wastefulness combat.

2. The persons that have the power to
make records of violations in Clause 1 of this Article shall be responsible for
issuing penalty imposition decisions or requesting the competent authorities in
Article 38 and Article 39 hereof to issue penalty imposition decisions.

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(028) 3930 3279

DĐ:

0906 22 99 66

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1. Chairpersons of People’s
Committees of districts shall have the power to:

a) Impose a fine up to VND 50,000,000;

b) Impose the remedial measures
mentioned in Clause 4 Article 4 of this Decree.

2. Chairpersons of People’s
Committees of provinces shall have the power to:

a) Impose a fine up to VND 200,000,000;

b) Impose the remedial measures
mentioned in Clause 4 Article 4 of this Decree.

Article 39.
Power to impose penalties of inspectors

1. Chief inspectors of
provincial departments, holders of equivalent positions assigned by the
Government to perform specialized inspections and heads of specialized
inspection teams established by provincial departments shall have the power to:

a) Impose a fine up to VND 100,000,000;

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(028) 3930 3279

DĐ:

0906 22 99 66

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2. Heads of specialized inspection teams
established by Ministries shall have the power to:

a) Impose a fine up to VND 140,000,000;

b) Impose the remedial measures
mentioned in Clause 4 Article 4 of this Decree.

3. Chief Inspectors of Ministries
shall have the power to:

a) Impose a fine up to VND 200,000,000;

b) Impose the remedial measures
mentioned in Clause 4 Article 4 of this Decree.

Chapter IV

ADMINISTRATIVE
VIOLATIONS AGAINST REGULATIONS ON NATIONAL RESERVE, PENALTIES, FINES AND
REMEDIAL MEASURES

Section 1. ADMINISTRATIVE
VIOLATIONS AGAINST REGULATIONS ON NATIONAL RESERVE AND PENALTIES

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(028) 3930 3279

DĐ:

0906 22 99 66

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1. A fine ranging from VND
1,000,000 to VND 3,000,000 shall be imposed for failing to publicly notify or
post information relating to eligible buyers/sellers, buying/selling methods,
prices, time limits, quantities, categories, specifications, standards and
quality of national reserve goods as regulated by competent authorities.

2. A fine ranging from VND 3,000,000
to VND 5,000,000 shall be imposed for:

Improperly complying with competent authorities’
regulations on methods for buying and selling each category of national reserve
goods.

3. A fine ranging from VND 5,000,000
to VND 7,000,000 shall be imposed for
committing one of the following violations:

a) Failing to carry out purchase of national
reserve goods when meeting all regulatory requirements according to decisions
of competent authorities;

b) Buying/selling national reserve goods without
written approval from competent authorities;

c) Buying/selling national reserve goods after the
prescribed time limits;

d) Buying/selling national reserve goods whose
quantities, categories, specifications, standards and/or quality are not
conformable with the ones approved by competent authorities;

dd) Failing to comply with competent
authorities’ regulations on methods for buying and selling each category of
national reserve goods.

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(028) 3930 3279

DĐ:

0906 22 99 66

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5. Remedial measures:

The violator is required to return
illegal benefits obtained from the violations in Clause 1, Clause 2 and Clause 3 of this Article.

Article 41.
Violations against regulations on management of national reserve goods

1. A fine ranging from VND 300,000 to VND 500,000 shall be imposed for any of the
following violations:

a) Failing to open books for monitoring quality, quantities
and categories of national reserve goods during their storage;

b) Failing to submit periodic and/or ad hoc reports
on storage of national reserve goods.

2. The following fines shall
be imposed for committing violations against regulations on transfer of
national reserve goods:

a) A fine ranging from VND 5,000,000 to VND
7,000,000 shall be imposed for improperly implementing competent authorities’
regulations on transfer of national reserve goods;

b) A fine ranging from VND 7,000,000
to VND 10,000,000 shall be imposed
for failing to comply competent authorities’ regulations
on transfer of national reserve goods.

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(028) 3930 3279

DĐ:

0906 22 99 66

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National reserve goods which are improperly
transferred must be recovered in case of commission of the violation in Clause
2 of this Article.

Article 42.
Violations against regulations on storage of national reserve goods

1. Fines shall be imposed for
improperly implementing or failing to comply with national technical
regulations or technical requirements for temporary storage of national reserve
goods of competent authorities; improperly implementing regulations on periods
of storing national reserve goods; storing national reserve goods at the places
other than the ones approved by competent authorities. To be specific:

a) A fine ranging from VND 300,000 to VND 500,000
shall be imposed if the violation causes no damage;

b) A fine ranging from VND 3,000,000 to VND
5,000,000 shall be imposed if the violation causes damage to national reserve
goods assessed at less than VND 50,000,000;

c) A fine ranging from VND 5,000,000 to VND 10,000,000 shall be imposed if the
violation causes damage to national reserve goods assessed at from VND 50,000,000 to under VND 100,000,000.

2. A warning or a fine shall
be imposed for obstructing the storage and transfer of national reserve goods.
To be specific:

a) A warning or a fine ranging from VND 300,000 to VND 500,000 shall be imposed if the
violation causes no damage;

b) A fine ranging from VND 3,000,000 to
VND 5,000,000 shall be imposed if the violation causes damage to national
reserve goods assessed at less than VND 50,000,000;

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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
10,000,000 to VND 20,000,000 shall be imposed for hiring organizations or
individuals that do not meet relevant requirements to store national reserve
goods worth less than VND 100,000,000.

4. Remedial measures:

The violator is required to return
illegal benefits obtained from the violations in Clause 1, Clause 2 and Clause
3 of this Article.

Article 43.
Penalties for deliberately encroaching on or destroying technical facilities,
warehouses for storing national reserve goods or national reserve goods but not
liable to criminal prosecution

1. A fine ranging from VND
300,000 to VND 500,000 shall be imposed for illegally encroaching on technical
facilities or warehouses for storing national reserve goods.

2. A fine ranging from VND 3,000,000 to VND 5,000,000 shall be imposed for deliberately destroying
technical facilities or warehouses for storing national reserve goods.

3. The following fines shall be
imposed for deliberately damaging or destroying national
reserve goods:

a) A fine ranging from VND 300,000 to
VND 500,000 shall be imposed if the violation does not cause damage to national reserve goods;

b) A fine ranging from VND 3,000,000
to VND 5,000,000 shall be imposed if the violation causes damage to national
reserve goods assessed at less than VND 50,000,000;

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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:

The exhibits and instrumentalities for committing the violations prescribed in Clause 1 and Clause 2 of this
Article shall be confiscated.

5. Remedial measures:

a) The violator is compelled to
restore original conditions of technical facilities or warehouses
for storing national reserve goods in case of commission of the
violation in Clause 2 of this Article;

b) The violator is compelled to return national
reserve goods damaged or destroyed by the violation prescribed in Clause 3 of
this Article.

Article 44.
Violations against regulations on distribution and use of national reserve
goods for relief

1. A warning or a fine shall
be imposed for deliberately obstructing the act of distributing or using
national reserve goods for relief or performing another task relating to
national reserve. To be specific:

a) A warning or a fine ranging from
VND 300,000 to VND 500,000 shall be imposed if the violation causes no damage;

b) A fine ranging from VND 3,000,000
to VND 5,000,000 shall be imposed if the violation causes damage to national
reserve goods assessed at less than VND 50,000,000;

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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 warning or a fine ranging
from VND 300,000 to VND 500,000 shall be imposed for failing to follow
procedures for distributing or using national reserve goods worth less than VND
100,000,000 for relief purposes within the prescribed time limits.

3. A warning or a fine shall
be imposed for using national reserve goods for improper purposes; distributing
or providing national reserve goods as relief to unqualified beneficiaries as
decided by competent authorities; failing to ensure categories, quantities,
quality, standards and specifications of national reserve goods distributed or
provided for relief purpose. To be specific:

a) A warning or a fine ranging from
VND 300,000 to VND 500,000 shall be imposed if the violation causes no damage;

b) A fine ranging from VND 3,000,000
to VND 5,000,000 shall be imposed if the violation causes damage to national
reserve goods assessed at less than VND 50,000,000;

c) A fine ranging from VND 5,000,000
to VND 10,000,000 shall be imposed if the violation causes damage to national
reserve goods assessed at from VND 50,000,000 to under VND 100,000,000.

4. Fines shall
be imposed for causing loss of national reserve goods used
for relief purposes or performing another
task. To be specific:

a) A fine ranging from VND 1,000,000
to VND 5,000,000 shall be imposed if the violation involves national reserve goods assessed at less than VND 50,000,000;

b) A fine ranging from VND 5,000,000
to VND 10,000,000 shall be imposed if the violation involves national reserve goods assessed at from VND 50,000,000 to under VND
100,000,000.

5. A fine ranging from VND
2,000,000 to VND 3,000,000 shall be imposed for distributing national reserve
goods worth less than VND 100,000,000 to ineligible recipients as decided by
competent authorities.

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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:

7. A fine ranging from VND 5,000,000
to VND 10,000,000 shall be imposed
for delaying the distribution of national reserve goods worth less than VND
100,000,000 according to decisions of competent authorities
resulting in damage caused to national reserve goods.

8. Additional penalties:

The exhibits and
instrumentalities for committing the violation prescribed
in Clause 1 of this Article shall be confiscated.

9. Remedial measures:

a) The violator is compelled
to return illegal benefits obtained from the administrative violations prescribed in Clauses 3, 4, 5 and 6 this
Article;

b) The violator is compelled to return national
reserve goods lost or used for improper purposes or distributed to ineligible
beneficiaries in case of commission of the violations prescribed
in Clauses 3, 4 and 5 this Article;

c) The violator is compelled to return damaged,
poor quality, disqualified or deficient amounts of national reserve goods in
case of commission of the violation in Clause 7 of this Article.

Article 45.
Violations against regulations on warehousing and dispatching of national
reserve goods

1. A warning or a fine shall be
imposed for obstructing warehousing, dispatching or transport of of national reserve goods. To be specific:

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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 3,000,000
to VND 5,000,000 shall be imposed if the violation causes damage to national
reserve goods assessed at less than VND 50,000,000;

c) A fine ranging from VND 5,000,000
to VND 10,000,000 shall be imposed if the violation causes damage to national
reserve goods assessed at from VND 50,000,000 to under VND 100,000,000.

2. A fine ranging from VND 500,000 to VND 2,000,000 shall be imposed for committing one of the
following violations:

a) Failing to carry out or improperly following
procedures for warehousing or dispatching of national reserve goods worth less
than VND 100,000,000;

b) Failing to deliver national reserve goods worth
less than VND 100,000,000 according to quantities, categories, specifications,
standards and quality specified in decisions of competent authorities.

3. A fine ranging from VND
3,000,000 to VND 5,000,000 shall be imposed for failing to ensure categories, specifications, quantities, quality, times and
locations specified in decisions of competent authorities
when warehousing or dispatching national reserve goods worth less
than VND 100,000,000.

4. A fine ranging from VND 5,000,000
to VND 10,000,000 shall be imposed
for warehousing or dispatching national reserve goods
worth less than VND 100,000,000 without decisions of
competent authorities.

5. Additional penalties:

The exhibits and instrumentalities
for commiting the violation prescribed in Clause 1 of this Article shall be
confiscated.

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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 violator is compelled to
return illegal benefits obtained from the administrative violations prescribed
in Clauses 2, 3 and 4 this Article;

b) The violator is compelled to return national reserve goods which are improperly dispatched in case of commission of the violations prescribed in Clauses 2, 3 and
4 this Article.

Article 46. Violations
against regulations on receipt of national reserve goods but not liable to
criminal prosecution

1. A fine ranging from VND 500,000 to VND 2,000,000 shall be imposed for committing one of the
following violations:

a) Failing to receive national reserve goods on the
date and at the location specified in decision of a competent authority;

b) Failing to follow or improperly following
procedures for receiving national reserve goods.

2. A fine ranging from VND
1,000,000 to VND 3,000,000 shall be imposed for refusing to receive national
reserve goods (national reserve goods dispatched to used for relief or
performing another task assigned by a competent authority) when all relevant
conditions set by a competent authority have been met.

Article 47.
Penalties for illegally interfering with national reserve activities

1. A warning or a fine shall
be imposed for illegally interfering with national reserve activities. To be
specific:

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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 3,000,000
to VND 5,000,000 shall be imposed if the violation causes damage to national
reserve goods assessed at less than VND 50,000,000;

c) A fine ranging from VND 5,000,000
to VND 10,000,000 shall be imposed if the violation causes damage to national
reserve goods assessed at from VND 50,000,000 to under VND 100,000,000.

2. Additional penalties:

The exhibits and instrumentalities
for commiting the violation prescribed in Clause 1 of this Article shall be
confiscated.

Article 48.
Violations against regulations on management of funding and expenditures for
national reserve activities

1. A warning or a fine ranging
from VND 300,000 to VND 500,000 shall be imposed for failing to submit reports
on use of funding from state reserve for buying national reserve goods as
regulated.

2. A fine ranging from VND 1,000,000
to VND 3,000,000 shall be imposed for committing one of the following
violations:

a) Making payments without contracts for
buying/selling national reserve goods;

b) Making payments for incorrect quantity of
national reserve goods or those without sufficient invoices/documents;

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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) Making payments without approval by head of
national reserve unit;

dd) Using funding for covering costs of
warehousing, dispatching and preserving national reserve goods in an improper manner
or beyond the prescribed spending limits.

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

a) Using cash in national reserve for improper
purposes;

b) Failing to implement or improperly implementing
regulations on management of funding derived from national reserve;

c) Failing to return the amounts remaining after
purchasing national reserve goods as regulated by competent authorities.

4. Remedial measures:

The violator is required to return
illegal benefits obtained from the violations in Clause 2 and Clause 3 of this
Article.

Article 49.
Violations against regulations on trading, pledging, mortgage, leasing and
operation of property in national reserve

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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 fine ranging from VND 3,000,000
to VND 5,000,000 shall be imposed if the property is worth less than VND 70,000,000;

b) A fine ranging from VND 5,000,000
to VND 10,000,000 shall be imposed for if the property
is worth from VND 70,000,000 to under VND 150,000,000;

c) A fine ranging from VND 10,000,000
to VND 20,000,000 shall be imposed for if the property is worth from VND
150,000,000 to under VND 300,000,000;

d) A fine ranging from VND 20,000,000
to VND 30,000,000 shall be imposed for if the property is worth from VND
300,000,000 to under VND 500,000,000;

dd) A fine ranging from VND 30,000,000 to VND 40,000,000 shall be imposed if the
property is worth VND 500,000,000 or more.

2. Fines shall be imposed for
illegally trading, pledging, mortgaging, leasing or operating property that
is warehouse for national reserve goods. To be specific:

a) A fine ranging from VND 20,000,000
to VND 30,000,000 shall be imposed if the warehouse for national reserve goods is
worth less than VND 500,000,000;

b) A fine ranging from VND 30,000,000 to VND 40,000,000 shall be imposed if the
warehouse for national reserve goods is worth VND 500,000,000 or more.

3. Remedial measures:

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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) The violator is required to return
illegal benefits obtained from the violations in Clause 1 and Clause 2 of this
Article.

Section 2. POWER
TO MAKE RECORDS OF VIOLATIONS AGAINST REGULATIONS ON NATIONAL RESERVE AND POWER
TO IMPOSE PENALTIES

Article 50. Power to make
records of violations against regulations on national reserve

1. Persons that have the power to make records of violations against regulations on national reserve include:

a) Persons that have the power to
impose penalties for administrative violations against regulations on national
reserves prescribed in Articles 51, 52 and 53 hereof;

b) Officials assigned to inspect the compliance
with law regulations on national reserves.

2. The persons that have the power to
make records of violations in Clause 1 of this Article shall be responsible for
issuing penalty imposition decisions or requesting the competent authorities in
Articles 51, 52 and 53 hereof to issue penalty imposition
decisions.

Article 51.
Power to impose penalties of Chairpersons of People’s Committees

1. Chairpersons of People’s
Committees of districts shall have the power to:

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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) Impose a fine up to VND
50,000,000;

c) Confiscate the exhibits and instrumentalities
for committing administrative violations worth less than the fine specified in
Point b of this Clause;

d) Impose the remedial measures
mentioned in Clause 5 Article 4 of this Decree.

2. Chairpersons of People’s
Committees of provinces shall have the power to:

a) Issue warnings;

b) Impose a fine up to VND
100,000,000;

c) Confiscate the exhibits and
instrumentalities for committing administratvie violations;

d) Impose the remedial measures
mentioned in Clause 5 Article 4 of this Decree.

Article 52.
Power to impose penalties of inspectors

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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 warnings;

b) Impose a fine up to VND 500,000;

c) Confiscate the exhibits and
instrumentalities for committing administrative violations worth less than the
fine specified in Point b of this Clause.

2. Chief Inspectors of
provincial departments, heads of inspection teams established by provincial
departments to carry out inspection of compliance with law regulations on
national reserves, heads of specialized inspection teams established by the
General Director of General Department of State Reserves and heads of
specialized inspection teams established by Directors of Regional Departments
of State Reserves shall have the power to:

a) Issue warnings;

b) Impose a fine up to VND 50,000,000;

c) Confiscate the exhibits and
instrumentalities for committing administrative violations worth less than the
fine specified in Point b of this Clause;

d) Impose the remedial measures
mentioned in Clause 5 Article 4 of this Decree.

3. Heads of specialized
inspection teams established by Ministries to carry out inspections in the
field of national reserves shall have the power to:

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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) Impose a fine up to VND 70,000,000;

c) Confiscate the exhibits and
instrumentalities for committing administrative violations worth less than the
fine specified in Point b of this Clause;

d) Impose the remedial measures
mentioned in Clause 5 Article 4 of this Decree.

4. Chief Inspectors of Ministries
shall have the power to:

a) Issue warnings;

b) Impose a fine up to VND
100,000,000;

c) Confiscate the exhibits and
instrumentalities for committing administratvie violations;

d) Impose the remedial measures
mentioned in Clause 5 Article 4 of this Decree.

Article 53. Power
to impose penalties of Directors of Regional Departments of State Reserves and
General Director of General Department of State Reserves

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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 warnings;

b) Impose a fine up to VND 70,000,000;

c) Confiscate the exhibits and
instrumentalities for committing administrative violations worth less than the
fine specified in Point b of this Clause;

d) Impose the remedial measures
mentioned in Clause 5 Article 4 of this Decree.

2. General Director of General
Department of State Reserves performing specialized inspections
in the field of national reserves shall have the power to:

a) Issue warnings;

b) Impose a fine up to VND
100,000,000;

c) Confiscate the exhibits and
instrumentalities for committing administratvie violations;

d) Impose the remedial measures
mentioned in Clause 5 Article 4 of this Decree.

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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:

ADMINISTRATIVE
VIOLATIONS AGAINST REGULATIONS ON STATE TREASURY, PENALTIES, FINES AND REMEDIAL
MEASURES

Section 1. VIOLATIONS AGAINST
REGULATIONS ON STATE BUDGET EXPENDITURES AND PENALTIES

Article 54.
Violations against regulations on state budget expenditures included in state
budget estimates given by competent authorities

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

a) Preparing and sending documents to the State
Treasury for receiving funding for expenses or tasks which are not defined in a
state budget estimate approved by a competent authority;

b) Preparing and sending documents to the State
Treasury for receiving funding for covering expenditures beyond the state
budget estimate or the annual funding plan approved by a competent authority or
in excess of approved estimated expenditures (with respect to tasks performed
without contracts);

c) Preparing and sending documents to the State
Treasury for receiving funding for covering expenses which are not conformable
with state budget estimate given by a competent authority (improperly spending
in terms of funding sources, purposes, subjects and spending items); improperly
using state funding for investment or improperly allocating funding to list of
projects approved by a competent authority.

2. A fine ranging from VND 3,000,000
to VND 6,000,000 shall be imposed for committing one of the following
violations:

a) Preparing documents requesting the State
Treasury to make payments for workload that is not yet performed;

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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) Preparing documents requesting the State
Treasury to make payment in excess of the value specified in a relevant
contract or its appendix.

3. Remedial measures:

The violator is compelled to recover
amounts of money paid according to payment
vouchers/documents for unexecuted or uncompleted workloads that do not meet
payment requirements and amounts paid more than the value of contract or its
appendix in case of commission of the violation in Clause 2 of this
Article.

Article 55.
Penalties for preparing payment documents/vouchers inconsistently with
regulations and preparing payment documents/vouchers whose contents are
different from those on original documents/vouchers if not liable to criminal
prosecution

1. A fine ranging from VND
1,000,000 to VND 2,000,000 shall be imposed for concluding contracts before
obtaining a funding plan approved by a competent authority (except construction
works implemented according to urgent orders).

2. A fine ranging from VND 3,000,000
to VND 6,000,000 shall be imposed for committing one of the following
violations:

a) Preparing and sending documents to the State
Treasury for improper spending in terms of positions and subjects;

b) Preparing and sending documents requesting the State
Treasury to make payments for expenditures exceeding the prescribed spending
limits in terms of quantities and values;

c) Preparing and sending documents requesting the
State Treasury to make payments inconsistently with regulations (failing to
meet payment requirements or rules).

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3. A fine ranging from VND
2,000,000 to VND 4,000,000 shall be imposed for preparing and sending documents
whose contents are different from those on original documents, invoices or
vouchers kept at units to the State Treasury if not liable to criminal
prosecution.

4. Remedial measures:

The violator is compelled to recover
amounts of money paid according to payment
documents/vouchers which have prepared inconsistently with regulations and
amounts improperly paid according to documents/vouchers whose contents are
different from those on original documents/vouchers if not liable to criminal
prosecution in case of commission of Clause 2 or Clause 3 of this
Article.

Article 56.
Penalties for forging documents requesting for allocation of state budget but
not liable to criminal prosecution

1. A fine ranging from VND
10,000,000 to VND 15,000,000 shall be imposed for forging documents requesting
the State Treasury to allocate funding for covering recurrent expenditures,
recurrent expenditures on public services, expenditures on national
target programs, target programs using state budget for public services
(except expenditures on repair, maintenance, improvement, upgrade or expansion
of material facilities covered by state budget for recurrent expenditures and
revenues retained to cover recurrent expenditures with total investment of more
than VND 500,000,000).

2. A fine ranging from VND
30,000,000 to VND 50,000,000 shall be imposed for forging documents requesting
the State Treasury to allocate investment funding derived from state budget and
investment funding derived from budget for target programs or allocate funding
for covering expenditures on repair, maintenance, improvement, upgrade or
expansion of material facilities covered by state budget for recurrent
expenditures and revenues retained to cover recurrent expenditures with total
investment of more than VND 500,000,000.

3. Remedial measures:

c) The violator is compelled
to recover amounts of money paid according
to forged documents/vouchers if not liable to criminal prosecution in
case of commission of the violations in Clause 1 and Clause 2 of this Article.

Article 57.
Violations against regulations on payment of state budget expenditures

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2. A fine ranging from VND
2,000,000 to VND 4,000,000 shall be imposed for preparing documents requesting for
payment of state budget expenditures inconsistently with payment provisions
specified in the contract or its appendix signed between the estimate unit or
the investor and goods/service suppliers. To be specific:

a) Incorrect contract value;

b) Improper payment date;

c) Improper payment method;

d) Improper payment ratio (including advanced
payment);

dd) Payment provisions are different from those
specified in the signed contract and its appendix.

3. Remedial measures:

The violator is compelled to complete payment
documents as regulated in case of commission of the violations in Clause 1 and
Clause 2 of this Article.

Article 58.
Violations against procedures for payment commitments

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a) Failing to send payment commitment to the State
Treasury in case state budget expenditures require payment commitments;

b) Failing to send
payment commitment to the State Treasury within the prescribed time
limits in case state budget expenditures require payment
commitments;

c) Sending a payment commitment in which the
requested funding exceeds the annual investment funding plan, remaining annual
estimate balance or contract value.

2. Remedial measures:

a) The violator is compelled to follow procedures
for payment commitments before requesting the State Treasury to
make payment in case of commission of the violation in Point a Clause 1 of this
Article;

b) The violator is compelled to make payment commitment
in case of commission of the violation in Point c Clause 1 of this Article.

Article 59. Violations
against procedures and time limits for advanced payment of state budget

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

a) Completing procedures for advanced payment after
the deadline for advanced payment of recurrent expenditures the payment of
which does not require goods sales contracts or service provision contracts or
expenditures the payment of which does not require goods sales contracts or
service provision contracts submitted to the State Treasury;

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2. A fine ranging from VND 2,000,000
to VND 4,000,000 shall be imposed for committing one of the following
violations:

a) Failing to complete procedures for full advance
of funding for recurrent expenditures with goods sales contracts or service
provision contracts in the final payment of contract;

b) Failing to follow procedures for full
advance of funding for expenditures on investment covered by
state budget and investment funding derived from budget for target programs or
expendutires on repair, maintenance, improvement, upgrade or expansion of
material facilities covered by state budget for recurrent expenditures and revenues
retained to cover recurrent expenditures with total investment of more than VND
500,000,000 when the payment value (including advanced amounts and
payments for completed workloads) reaches 80% of the contract value;

c) Failing to carry out or carrying out procedures
for advance of funding for covering costs of compensation and relocation
subsidies after the prescribed deadlines.

3. Remedial measures:

The violator is compelled to follow procedures for
advanced payment in case of commission of the violations in Clause 1 and Clause
2 of this Article.

Section 2. VIOLATIONS AGAINST
REGULATIONS ON REGISTRATION AND USE OF ACCOUNTS OPENED AT STATE TREASURY AND
PENALTIES

Article 60.
Violations against regulations on registration and use of accounts opened at State
Treasury

1. A fine ranging from VND
1,000,000 to VND 2,000,000 shall be imposed for committing violations against
regulations on registration and use of accounts opened at the State
Treasury.

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Accounts must be blockaded or closed in case of
commission of the violation in Clause 1 of this Article.

Article 61.
Penalties for forging documents for registration and use of accounts opened at
the State Treasury but not liable to criminal prosecution

1. A fine ranging from VND
10,000,000 to VND 15,000,000 shall be imposed for forging documents for
registration and use of accounts opened at the State Treasury.

2. Remedial measures:

Accounts must be blockaded in case of
commission of the violation in Clause 1 of this Article.

Section 3. POWER
TO IMPOSE PENALTIES FOR ADMINISTRATIVE VIOLATIONS IN STATE TREASURY SECTOR

Article 62.
Power to make records of administrative violations in state treasury sector

1. Persons that have the power to make records of administrative violations in state treasury sector
include:

a) Persons that have the power to impose penalties
for administrative violations against regulations on control of state budget
expenditures through the State Treasury prescribed in
Article 63 and Article 64 hereof;

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2. The persons that have the power to
make records of violations in Clause 1 of this Article shall be responsible for
issuing penalty imposition decisions or requesting the competent authorities in
Article 63 and Article 64 hereof to issue penalty imposition decisions.

Article 63.
Power to impose penalties of inspectors

1. Chief inspectors of
Provincial Departments of Finance, heads of specialized inspection teams
established by Provincial Departments of Finance, heads of specialized
inspection teams of State Treasury established by Directors of provincial State
Treasuries, and heads of specialized inspection teams of State Treasury
established by General Director of the State Treasury of
Vietnam shall have the power to:

a) Impose a fine up to VND 50,000,000;

b) Impose the remedial measures
mentioned in Clause 6 Article 4 of this Decree.

2. Chief Inspector of the Ministry of Finance shall have the power to:

a) Impose a fine up to VND 100,000,000;

b) Impose the remedial measures
mentioned in Clause 6 Article 4 of this Decree.

3. Heads of specialized inspection
teams established by the Ministry of Finance shall have
the power to:

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b) Impose the remedial measures
mentioned in Clause 6 Article 4 of this Decree.

Article 64.
Power to impose penalties of General Director of State Treasury; Directors of
provincial State Treasuries

1. Directors of provincial
State Treasuries shall have the power to:

a) Impose a fine up to VND 70,000,000;

b) Impose the remedial measures
mentioned in Clause 6 Article 4 of this Decree.

2. General Director of State Treasury shall have the power to:

a) Impose a fine up to VND 100,000,000;

b) Impose the remedial measures
mentioned in Clause 6 Article 4 of this Decree.

Chapter VI

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Article 65.
Effect

1. This Decree comes into force from
September 01, 2019.

2. The Government’s Decree No.
192/2013/ND-CP dated November 21, 2013 and the
Government’s Decree No. 58/2015/ND-CP dated June 16, 2015
shall be annulled from the effective date of this Decree.

Article 66.
Transition clauses

Violations against regulations on management
and use of public property, thrift practice and wastefulness combat, national reserve and state treasury committed before
this Decree takes effect and discovered afterwards or under consideration shall
be handled in accordance with regulations of this Decree if this Decree does
not impose legal liabilities or impose less serious legal liabilities on
violating organizations or individuals.

Article 67.
Responsibility for implementation

1. The Ministry
of Finance shall provide guidelines for implementation of this Decree.

2. Ministries, ministerial
agencies, Governmental agencies, People’s
Committees of all levels shall provide guidelines for implementation of this
Decree and inspect the imposition of penalties for violations against
regulations on management and use of public property, thrift
practice and wastefulness combat, national reserve and
state treasury prescribed in this Decree.

3. Upon discovery of any
violations against regulations on management and use of public
property, thrift practice and wastefulness combat,
national reserve and state treasury, state regulatory authorities,
organizations and individuals should transfer documents (if any) to or inform
persons that have the power to impose penalties prescribed in this Decree for
consideration.

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4. Ministers, heads of ministerial
agencies, heads of Governmental agencies, Chairpersons of people’s committees of all levels, and relevant organizations and individuals shall implement
this Decree./.

 

 

ON
BEHALF OF THE GOVERNMENT
THE PRIME MINISTER

Nguyen Xuan Phuc