Decree 16/2022/ND-CP on sanctioning of administrative violations related to construction

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Decree No. 16/2022/ND-CP dated January 28, 2022 of the Government on sanctioning of administrative violations related to construction
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Official number:16/2022/ND-CPSigner:Le Van Thanh
Type:DecreeExpiry date:Updating
Issuing date:28/01/2022Effect status:
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Fields:Administrative violation , Construction

SUMMARY

New regulations on sanctioning of administrative violations on construction work commencement

The Decree No. 16/2022/ND-CP on sanctioning of administrative violations related to construction is promulgated by the Government on January 28, 2022.

According to the Decree, a fine ranging from VND 5,000,000 to VND 10,000,000 shall be imposed for any of the following acts of violations: Failing to send a written notice of the commencement date (enclosed with copies of construction permits and construction design dossiers) to competent agencies; Failing to notify or notifying competent agencies of the commencement date later than the prescribed deadline, or sending a notification without construction design dossiers enclosed as regulated in case of exemption from construction permit; etc.

Except the construction of single-detached houses, the act of commencing the construction work but failing to satisfy one of the requirements, including the availability of the construction site for entire or partial transfer according to the project schedule; the construction contract signed by and between the project owner and the contractor; measures to ensure safety and environmental protection in the execution of construction shall be imposed a fine ranging from VND 30,000,000 to VND 50,000,000.

Besides, remedial measures applicable to the above acts of violations include: Forcible handover of construction site according to the project schedule; forcible signing of a construction contract between the project owner and the contractor; forcible preparation of measures to ensure safety and environmental protection during construction for the violations.

This Decree takes effect from the signing date.

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Effect status: Known

THE GOVERNMENT

______

No. 16/2022/ND-CP

 

THE SOCIALIST REPUBLIC OF VIETNAM

Independence - Freedom - Happiness

_________________________

Hanoi, January 28, 2022

 

DECREE

On sanctioning of administrative violations related to construction

____________

 

Pursuant to the Law on Organization of the Government dated June 19, 2015; the Law Amending and Supplementing a Number of Articles of the Law on Organization of the Government and the Law on Organization of Local Administration dated November 22, 2019;

Pursuant to the Law on Handling of Administrative Violations dated June 20, 2012; the Law amending and supplementing a number of articles of the Law on Handling of Administrative Violations dated November 13, 2020;

Pursuant to the Law on Construction dated June 18, 2014; the Law Amending and Supplementing a Number of Articles of the Law on Construction dated June 17, 2020;

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

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

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

Pursuant to the Law on Architecture dated June 13, 2019;

Pursuant to the Law on Investment dated June 17, 2020;

Pursuant to the Law on Environmental Protection dated November 17, 2020;

At the proposal of the Minister of Construction;

The Government hereby promulgates the Decree on sanctioning of administrative violations in construction.

 

Chapter I

GENERAL PROVISIONS

 

Article 1. Scope of regulation

This Decree provides regulations on administrative violations, sanctioning forms and levels, remedial measures, competence to sanction and competence to make written records of administrative violations related to construction.

Administrative violations related to construction specified in this Decree include: Construction activities, building material production, management of technical infrastructure works, real estate business, housing management and development.

Article 2. Subjects of application

1. Domestic and foreign organizations and individuals that commit administrative violations within the territory of the Socialist Republic of Vietnam, unless otherwise provided by treaties to which the Socialist Republic of Vietnam is a contracting party.

2. Persons competent to make written records of administrative violations, apply deterrent measures and ensure the sanction of administrative violations, and persons competent to sanction administrative violations.

3. Other agencies, organizations and individuals involved in the sanction of administrative violations specified in this Decree.

Article 3. Interpretation of terms

1. Other works specified in this Decree are works that are not subject to requirements to make construction investment feasibility study reports, works that are not subject to requirements to make economic-technical reports on construction investment and are not single-detached houses of households or individuals.

2. If an organization or individual has committed the same administrative violation at different work items of a project but not yet faced any sanction and now such violation is detected within the prescriptive period, such organization or individual shall be considered to have committed repeated violations. If an organization or individual has committed repeated administrative violations, they shall be sanction for each violation.

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

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

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

Article 4. Sanctions, maximum fines, remedial measures and sanctioning competence

1. Principal sanctions:

a) Warning;

b) Fine;

2. Additional sanctions:

a) Deprivation of the right to use licenses, capacity certificates, practising certificates or suspension of operation for a definite time from 03 to 24 months;

b) Confiscation of material evidences and means used in administrative violations.

3. Maximum fines imposed for administrative violations specified in this Decree are as follows:

a) VND 1,000,000,000 in the fields of construction and real estate business

b) VND 300,000,000 in the fields of building material production, management of technical infrastructure works, real estate business and housing management and development.

c) The fines specified in this Decree are the fines imposed to the organization (except for fines specified at Point a, b and c, Clause 1, Article 24; Point a, b and c, Clause 1, Article 59, Point a, Clause 3, Article 64, Article 65, Clause 1 (except Point e) Article 70 of this Decree are the fine for individuals). The fine incurred by an individual is a half of that incurred by an organization for the same administrative violation.

4. Remedial measures:

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

a) Forcible restoration of the original state;

b) Forcible implementation of remedial measures for environmental pollution;

c) Forcible demolition of works or work items built illegally;

d) Forcible recall of products or goods of inferior quality;

dd) Forcible destruction of products or goods of inferior quality;

e) Other remedial measures specified in this Decree.

5. The competent to impose fines specified in Chapter VI of this Decree is the competence to impose fines for an administrative violation of an organization. The competence to impose fines for administrative violations of individuals is a half of the competence to impose fines for organizations.

Article 5. Statute of limitations for sanctioning administrative violations

1. The statute of limitations for sanctioning administrative violations is 1 year for real estate business, management of technical infrastructure works and building material production.

The statute of limitations for sanctioning administrative violations is 2 years for house construction, management and development.

2. Determination of statute of limitations for sanctioning administrative violations specified in Clause 1 of this Article shall be prescribed as follows:

The time when administrative violations stop, which is used to determine the statute of limitations in the field of construction (except for Articles 9, Articles 10, 19, 20, and 21 of this Decree) and other violations specified in Clause 2, Article 41, Point b, Clause 4, Article 44, Point a, Clause 2, Article 45, Clause 1, Article 47, Point a, Clause 2, Article 48, Point a, Clause 1, Point a, Clause 2, Article 55, Clause 3, Article 57, Point b, Clause 1, and Point c, dd, e, h and i Clause 2, Article 63 shall be determined from the date of handing over works or work items as prescribed;

For single-detached house, the time when administrative violations stop is the completion date of the works according to detached house construction contract (if any) or the date on which the detached house is put into official operation;

b) For the acts specified in Clause 1, Article 44, Point dd and g, Clause 2, Article 47, Clause 1, Article 48, Clause 1, Article 53, Point d, Clause 1, Point dd, Clause 3, Article 55, Point b, Clause 1, Article 58, Point c, Clause 2, Article 59, Point a, Clause 1, Article 60, Point b, c, and d Clause 1, Article 61, Point a, Clause 1, Article 63, Point c, Clause 5, Article 64, Point d, Clause 1, Article 67, Points b and c, Clause 1, Article 68, and Point d, Clause 2, Article 69, the time when administrative violations stop shall be determined from the time when all activities of such violations have been completed;

c) For the acts specified at Point b, Clause 5, Article 44, Clause 2, Article 46, Point a, Clause 2, Article 47, Point b, Clause 1, Article 55, Point c, Point dd, Clause 1, Point a, b, Clause 2, Point a, d, dd, e, h and i clause 3, Point a, b, Clause 4, Article 58, Point b, dd, Clause 2, Point b, Clause 3, Article 59, Point a, b, Clause 1, Clause 3, Clause 4, Point a, b, Clause 5, Article 64, Point b, h, Clause 2, Article 67 and Point a, Clause 1, Article 68, the time when administrative violations stop shall be determined from the date on which the parties fulfill obligations under the contract or signed transaction document or the date of contract liquidation;

d) For the acts specified in Clause 1, Article 46, Point a, Clause 1, Article 49, Clause 1, Article 50, Point a, Clause 1, Article 51, and Point a, Clause 2, Article 53, the time when administrative violations stop shall be determined from the day on which to periodically perform periodic inspection and assessment work as prescribed;

dd) For the acts specified at Point c, Clause 3, Article 58, Clause 3, Article 63, the time when administrative violations stop shall be determined from the date the investment project must be completed according to the investment decision or written approval of the investment policy or the decision on extension of the schedule issued by the competent state agencies; for acts specified at Points a and b, Clause 2, Article 63, the time when administrative violations stop shall be determined from the date the housing construction project receives the decision or approval of investment policies from competent agencies;

e) For the acts specified at Point d, Clause 2, Article 67, the time when administrative violations stop shall be determined from the date of fully handing over maintenance funds to the Board of Directors of condominium;

g) For the acts specified at Point e, Clause 2, Point d, Clause 3, Article 67, Points c, d, Clause 1, Article 69, the time when administrative violations stop shall be determined from the date the Board of Directors sends a written request for transfer of maintenance funds; for acts specified at Point d, Clause 4, Article 67, the time when administrative violations stop shall be determined from the date of handing over the condominium dossier as prescribed; for the acts specified at Point b, Clause 1, Article 69, the time when administrative violations stop shall be determined from the date the Board of Directors sends a written request to the district-level People's Committee to request the project investor to hand over the dossier;

h) For the acts specified at Point b, Clause 2, Article 45, the time when administrative violations stop shall be determined from the date of approval of the water supply plan;

i) For the acts specified at Points a, d, Clause 1, Point b, c, Clause 2, Point b, Clause 3, Article 61, Clause 1, Article 62, the time when administrative violations stop shall be determined from the date of issuing the certificate of completion of the course as prescribed;

k) For the acts specified at Point b, Clause 2, Article 44, the time when administrative violations stop shall be determined from the date of handing over the equipment and putting it into use; for acts specified at Point b, Clause 2, Article 53, the time when administrative violations stop shall be determined from the date of completion of the repair, replacement and installation of new light sources and lighting equipment;

l) For the acts specified at Point a, Clause 1, Article 56, the time when administrative violations stop shall be determined from the date of commencement of the works;

m) For the acts specified at Point d, Clause 2, Article 63, the time when administrative violations stop shall be determined from the date on which the resettlement plan is approved by competent state agencies;

n) For the acts specified at Point c, Clause 2, Article 67, the time when administrative violations stop shall be determined from the date of sending the maintenance funds as prescribed;

o) Construction violations specified in this Decree that do not subject to the cases specified at Point a, b, c, d, dd, e, g, h, i , k, l, m and n of this Clause, persons with sanctioning competence shall base on the Law on Handling of Administrative Violations and related documents and dossiers to determine the statute of limitations for sanctioning.

Article 6. Sanctions for acts of resisting or obstructing officers in charge of imposing administrative sanctions in the field of construction as prescribed in this Decree

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

 

Chapter II

ADMINISTRATIVE VIOLATIONS, FORMS OF SANCTIONS AND REMEDIAL MEASURES IN THE FIELD OF CONSTRUCTION

 

Section 1

SANCTIONS IMPOSED ON INVESTMENT DECIDER, PROJECT INVESTORS OR OWNERS, MANAGERS, USERS OF WORKS

 

Article 7. Violations against regulations on selection of organizations or individuals to perform construction activities

1. A fine ranging from VND 60,000,000 to VND 80,000,000 shall be imposed for selecting unqualified organizations or individuals to perform one of the following works:

a) Construction survey;

b) Construction planning;

c) Management of construction investment project;

d) Construction design and construction design appraisal;

d) Architectural design and architectural design appraisal;

e) Construction of works;

g) Supervision of construction of works;

h) Management of construction investment cost;

i) Inspection of construction quality;

k) Specialized construction experiments;

2. A fine ranging from VND 100,000,000 to VND 120,000,000 shall be imposed to the project owner that employs a foreign contractor for one of the following violations:

a) Letting a foreign contractor, that fails to obtain a license to operate in construction field as prescribed, perform construction activities;

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

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

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

dd) Failing to notify relevant contractors and specialized construction agencies of employment of foreign contractors to carry out the project management consultancy or construction quality supervision.

3. Additional sanctions:

Suspension of construction activities for 03 to 06 months, for projects, construction works or work items that commit the acts specified at Points c and e, Clause 1 of this Article.

4. Remedial measures:

a) Forcible selection of organizations or individuals that fully meet the capability conditions for the acts specified at Points a, c, g, h, i and k, Clause 1 of this Article, for works that have not yet started, or under construction and points b, d, dd, and e, Clause 1 of this Article if the works have not yet been started construction;

b) Forcible application of foreign contractors for a construction operation license according to regulations, for the violations specified at Point a, Clause 2 of this Article;

c) Forcible remedy and execution by the foreign contractor as requested by the project owner strictly with the commitments in the joint-venture contract with the Vietnamese main contractors, to use the Vietnamese subcontractors strictly according to regulations in case the projects have not yet been started or under construction for the violations specified at Point b, Clause 2 of this Article;

d) Forcible re-export of construction machinery and equipment by the contractors as requested by project owner for the violations specified at Point c, Clause 2 of this Article;

dd) Forcible notification in writing to relevant contractors and specialized construction agencies for the violations specified at Point dd, Clause 2 of this Article.

Article 8. Violations against regulations on construction survey

1. A fine ranging from VND 10,000,000 to VND 20,000,000 shall be imposed for failing to store or storing inadequate construction survey result reports as prescribed.

2. A fine ranging from VND 40,000,000 to VND 60,000,000 shall be imposed for failing to approve or approving improper or inadequate construction survey result reports as prescribed.

3. A fine ranging from VND 60,000,000 to VND 80,000,000 shall be imposed for any of the following acts of violations:

a) Failing to formulate or approve construction survey tasks;

b) Failing to formulate or approve construction survey technical plans;

c) Failing to formulate or approve revised and supplemented construction survey tasks before they are performed by contractors;

d) Formulating or approving improper or inadequate construction survey tasks as prescribed;

dd) Approving construction survey technical plans while construction survey tasks are not yet approved or inconsistently with the approved construction survey tasks;

e) Failing to organize construction survey supervision or improper, inadequate construction survey supervision as prescribed;

g) Failing to approve or approving improper survey cost estimates for works using public investment capital, foreign state capital for public investment or PPP projects;

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

4. Remedial measures:

e) Forcible formulation or approval of construction survey tasks in accordance with regulations, with the acts specified at Points a and d, Clause 3 of this Article if the works have not yet been started construction;

e) Forcible formulation or approval of construction survey tasks in accordance with regulations for the violations specified at Points a and d, Clause 3 of this Article if the works have not yet started;

b) Forcible formulation or approval of construction survey technical plans in accordance with regulations for the violations specified at Points b, dd, Clause 3 of this Article if the works have not yet been started;

d) Forcible organization of construction survey supervision or construction survey supervision according to regulations for the violations specified at Point e, Clause 3 of this Article if the works are under construction;

dd) Forcible approval or re-approval of cost estimates for the violations specified at Point g, Clause 3 of this Article (in case an economic contract has not yet been signed with the surveying contractor);

e) Forcible addition of capacity or selection of organizations or individuals that ensure capacity for the violations specified at Point h, Clause 3 of this Article during the survey.

Article 9. Violations against regulations on construction and urban planning

1. A fine ranging from VND 150,000,000 to VND 200,000,000 shall be imposed for any of the following acts of violations:

a) Organizing the formulation of planning tasks, planning projects, adjustment planning tasks or adjustment planning projects that do not conform to the prescribed requirements, principles, contents and time;

b) Failing to collect opinions or collect opinions in contravention of regulations of related agencies, organizations, individuals or residential communities on planning tasks, planning, adjusted construction planning tasks, construction planning adjustment projects according to regulations;

c) Organizing drawing of total construction site, work architecture plan, technical infrastructure solutions in basic design content, for construction investment projects with an area of less than 5 hectares (less than 2 hectares for investment projects to build condominiums) that are not suitable for construction subdivision planning.

2. Remedial measures:

a) Forcible formulation of planning tasks, planning projects, adjusted planning tasks, adjusted planning projects, and submitting them for appraisal and approval according to Point a, Clause 1 of this Article if the planning has not yet been approved.

b) Forcible collection of opinions from relevant agencies, organizations, individuals or residential communities for the violations prescribed in Point b, Clause 1 of this Article if the planning has not yet been approved.

c) Forcible formulation of drawings of the total construction site, work architectural plans, technical infrastructure solutions in accordance with the construction zoning planning, for the violations specified at Point c, Clause 1 of this Article if the works have not yet been started or under construction.

Article 10. Violations against regulations on adjustment of construction and urban planning

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

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

a) Adjusting a construction planning improperly with the bases, conditions, principles and order of adjustment;

c) Adjusting drawing of total construction site, work architecture plan, technical infrastructure solutions in basic design content, for construction investment projects with an area of less than 5 hectares (less than 2 hectares for investment projects to build condominiums) that are not suitable for construction subdivision planning.

2. Remedial measures:

a) Forcible adjustment of construction planning in accordance with regulations for the violations specified at Points a and b, Clause 1 of this Article if the works have not yet been started or under construction;

c) Forcible adjustment of drawings of the total construction site, work architectural plans, technical infrastructure solutions in accordance with the construction zoning planning, for the violations specified at Point c, Clause 1 of this Article if the works have not yet been started or under construction.

Article 11. Violations against regulations on architectural activities

1. A fine ranging from VND 40,000,000 to VND 60,000,000 shall be imposed for failing to organize an architectural design entrance examination for works requiring an entrance examination.

2. A fine from VND 60,000,000 to VND 80,000,000 shall be imposed for any of the following acts of violation:

a) Preparing architectural and construction design dossiers inconsistently with national technical regulations;

b) Failing to formulate architectural design tasks and architectural design according to regulations;

c) Organizing architectural design inconsistently with regulations.

3. Remedial measures:

a) Forcible organization of entrance examination for selection of architectural plans, for the violations specified in Clause 1 of this Article if the works have not yet been started;

b) Forcible formulation of architectural and construction design dossiers in accordance with national technical regulations, architectural designs as prescribed, for the violations specified at Points a and c, Clause 2 of this Article if the works have not yet been started;

b) Forcible reorganization of formulation of architectural design tasks and architectural designing as prescribed for the violations specified at Points b, Clause 2 of this Article if the works have not yet been started.

Article 12. Violations against regulations on formulation, appraisal and approval of construction investment projects

1. A fine ranging from VND 60,000,000 to VND 80,000,000 shall be imposed for any of the following acts of violations:

a) Failing to formulate, appraise and approve construction projects for works requiring construction investment projects in accordance with regulations;

b) Failing to submit the construction investment feasibility study reports to specialized agencies for appraisal as prescribed.

2. A fine ranging from VND 80,000,000 to VND 100,000,000 shall be imposed for approving adjustments to construction investment projects in contravention of regulations.

3. A fine ranging from VND 100,000,000 to VND 120,000,000 shall be imposed for approving a construction project in one of the following cases:

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

b) The technological plan or design plan is inconsistent with regulations;

c) The project's capital is not ensured as prescribed;

d) Financial performance or socio-economic efficiency of projects using public investment capital, foreign state capital for public investment or PPP projects are not ensured.

dd) The construction project is not conformable with the content of investment policy decided and approved by competent state agencies.

4. Remedial measures:

a) Forcible formulation, appraisal and approval of the construction project, for the violations prescribed in Point a Clause 1 of this Article;

b) Forcible submission of construction investment feasibility study report to specialized agencies for appraisal according to regulations for the violations specified at Point b, Clause 1 of this Article if the works have not yet been started or under construction;

c) Forcible approval of project adjustment according to regulations for the violations specified in Clause 2 of this Article;

d) Forcible formulation of construction investment project according to the planning approved by competent authorities for the violations specified at Point a, Clause 3 of this Article if projects have not yet been started;

dd) Forcible formulation and approval of construction investment projects ensuring technological plan and design plan according to regulations, for the violations specified at Point b, Clause 3 of this Article if the works have not yet been started;

e) Forcible formulation and approval of construction investment projects ensuring financial efficiency or socio-economic efficiency for the violations specified at Point d, Clause 3 of this Article;

g) Forcible formulation and approval of construction investment projects according to the investment policy decided and approved by competent state agencies, for the violations specified at Point dd, Clause 3 of this Article.

Article 13. Violations against regulations on construction design (applied immediately after basic design and one-step design) and construction estimates

1. A fine ranging from VND 40,000,000 to VND 60,000,000 shall be imposed for any of the following acts of violations:

a) Failing to approve construction designs as prescribed for works under projects requiring construction investment feasibility study reports;

b) Failing to submit construction designs to specialized construction agencies for appraisal of construction designs as prescribed;

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

2. A fine ranging from VND 60,000,000 to VND 80,000,000 shall be imposed for any of the following acts of violations:

a) Failing to formulate or formulating construction design tasks inconsistently with the construction investment policy or inadequately formulate the main contents as prescribed;

b) Adjusting construction designs without being appraised or re-approved according to regulations when adjusting one of the following factors: Construction geology, designed loading capacity, structural solutions, materials of bearing structures or construction methods affecting the bearing capacity of the construction work;

c) Approving for construction designs inconsistently with national technical regulations or applicable standards or based on expired construction standards;

d) Approving the following step of a construction design inconsistently with the previous step of the same in terms of primary contents or parameters; approving construction drawing design inconsistently with design tasks in case of one-step design;

dd) Approving technical instructions inconsistently with technical regulations applicable to approved construction works and requirements of construction designs;

e) Approving safety designs in excess of standards, causing waste for works using public investment capital, foreign state capital for public investment and PPP projects.

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

a) Approving construction designs inconsistently with economic-technical requirements or determining soil and rock grades inconsistently with geological survey results or calculating transportation distances inconsistently with survey results for works using public investment capital, foreign state capital for public investment and PPP projects;

b) Approving construction cost estimate whose contents apply or employ norms inconsistently with work contents or contain figures different from norms which increase costs in the estimate for works using public investment capital, foreign state capital for public investment and PPP projects;

c) Approving construction cost estimate whose volume inconsistently with the technical design dossiers or construction drawing designs or FEED designs, technical instructions, technical requirements, and tasks of the project, construction works, construction work items with the volume determined from the design drawings and requirements of the construction work;

d) Approving cost estimates having one of the following: Incorrect calculation of transportation costs of supplies and materials, incorrect calculation of excavation and backfill costs, incorrect calculation of construction volume, determination of costs of supplies, materials, labor and construction machinery inconsistent with regulations of law on construction price management, inconsistent with regulations at the time of determining construction cost estimates and market price level at the constructed place, for the project using public investment capital, foreign state capital for public investment and PPP projects;

e) Failing to comply with regulations on use of building materials or unbaked building materials when approving construction designs or cost estimates;

4. Remedial measures:

a) Forcible approval of construction designs according to regulations for the violations specified at Point a, Clause 1 of this Article;

b) Forcible sending to specialized construction agencies for appraisal of construction designs according to regulations for the violations specified at Point b, Clause 1 of this Article;

d) Forcible performance of acceptance or re-acceptance of construction design in according to regulations for the violations specified at Point c, Clause 1 of this Article;

d) Forcible formulation of construction designing tasks according to regulations with the violations specified at Point a, Clause 2 of this Article if the works have not yet been started or under construction;

dd) Forcible appraisal or approval of adjusted construction designs for the violations specified at Point b, Clause 2 of this Article if the works have not yet been started or under construction;

e) Forcible approval of construction designs according to national technical regulations for the violations specified at Point c, Clause 2 of this Article;

g) Forcible approval of the following step of a construction design consistent with the previous step or the design tasks for the violations specified at Point d, Clause 2 of this Article if works have not yet been started;

h) Forcible approval of technical instructions for the violations specified at Point dd, Clause 2 of this Article if the works have not yet been started or under construction;

i) Forcible approval of cost estimates and cost estimates of bidding packages for the violations specified at Points b, c, d, Clause 3 of this Article if a contractor has not yet been selected or has not yet signed an economic contract to serve as a basis for adjusting bid package costs;

k) Forcible adjustment of designs and estimates according to the ratio of using unburnt building materials in construction works for the violations specified at Point dd, Clause 3 of this Article if the works have not yet been started or under construction.

Article 14. Violations against regulations on urban development investment

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

a) Failing to comply with the urban plan or schedule approved by competent authorities when making investment projects in urban development;

a) Failing to hand over the works, work items under construction investment projects or urban development investment projects consistent with the approved schedule.

2. A fine ranging from VND 100,000,000 to VND 120,000,000 shall be imposed for any of the following acts of violations:

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

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

dd) Failing to provide urban services to people according to the project's objectives until the infrastructural construction is transferred to the government or organization, enterprise in charge of managing such infrastructural construction;

d) Failing to transfer administrative management as prescribed;

dd) Owners of urban project fails to promptly supervise, inspect and report to competent authorities in case people build their own houses in the urban area illegally or use the works with improper functions and violate the regulations on housing use under the Law on Housing.

3. Remedial measures:

a) Forcible implementation of investment projects on urban development according to the urban plan for the violations specified at Point a, Clause 1 of this Article if projects are under construction;

b) Forcible implementation of the project by secondary investor according to the approved detailed construction plan for the violations specified at Point a Clause 2 of this Article;

c) Forcible collection of written approval from competent authorities for the violations specified at Point b, Clause 2 of this Article;

dd) Forcible operation and provision of urban services to people according to the project's objectives for the violations specified at Point c, Clause 2 of this Article;

dd) Forcible carrying out of procedures for administrative management transfer according to regulations for the violations specified at Point d, Clause 2 of this Article;

e) Forcible supervision and inspection of people building houses by themselves in urban areas by owners of the urban projects according to regulations for the violations specified at Point dd, Clause 2 of this Article.

Article 15. Violations against regulations on commencement of construction works

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

a) Failing to send a written notice of the commencement date (enclosed with copies of construction permits and construction design dossiers) to state management agencies in charge of construction in the locality where the construction work is to be built and the specialized construction agencies according to regulations;

b) Failing to notify or notifying state management agencies in charge of construction of the commencement date later than the prescribed deadline, or sending a notification without construction design dossiers enclosed as regulated in case of exemption from construction permit;

c) Failing to send reports to specialized construction agencies or sending inadequately reports on one of the following: Name, address, project name, construction location, construction scale, expected construction progress after starting construction or sending notice of commencement inconstantly with the prescribed form.

2. A fine ranging from VND 30,000,000 to VND 50,000,000 shall be imposed for commencement of the construction work but failing to satisfy one of the following requirements (except the construction of single-detached houses):

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

b) The construction contract signed by and between the project owner and the contractor;

c) Measures to ensure safety and environmental protection in the execution of construction.

3. A fine ranging from VND 60,000,000 to VND 80,000,000 shall be imposed for commencement of the construction work without the approved construction drawing designs or work items.

4. Commencing a construction work without the construction permit shall be sanctioned according to regulations in Clause 7, Article 16 of this Decree.

5. Remedial measures:

a) Forcible handover of construction site according to the project schedule for the violations specified at Point a, Clause 2 of this Article;

b) Forcible signing of a construction contract between the project owner and the contractor for the violations specified at Point b, Clause 2 of this Article;

c) Forcible preparation of measures to ensure safety and environmental protection during construction for the violations specified at Point c, Clause 2 of this Article.

Article 16. Violations against regulations on construction order

1. In case of executing the construction work without coverage as regulated or letting building materials fall outside the construction site or improperly placing building materials at the construction site, a fine shall be imposed as follows:

a) A fine ranging from VND 3,000,000 to VND 5,000,000 shall be imposed for construction of single-detached house or other construction works;

b) A fine ranging from VND 15,000,000 to VND 20,000,000 shall be imposed for construction of the work requiring the formulation of construction investment feasibility study reports or economic – technical reports.

2. In case of failing to public disclose construction permits at the construction site during the construction process, a fine shall be imposed as follows:

a) A fine ranging from VND 5,000,000 to VND 10,000,000 shall be imposed for construction of single-detached house;

b) A fine ranging from VND 10,000,000 to VND 20,000,000 shall be imposed for construction of single-detached house in a sanctuary or a cultural and historical relic site or other construction works;

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

3. In case of failing to implement procedures for adjustment and extension of construction permits, a fine shall be imposed as follows:

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

b) A fine ranging from VND 25,000,000 to VND 30,000,000 shall be imposed for construction of single-detached house in a sanctuary or a cultural and historical relic site or other construction works;

c) A fine ranging from VND 60,000,000 to VND 80,000,000 shall be imposed for construction of the work requiring the formulation of construction investment feasibility study reports or economic – technical reports.

4. In case of failing to execute construction works according to the granted construction permit, for the case of grant of the permit to repair, renovate or relocate the construction works and the construction permit with a definite term, a fine shall be imposed as follows:

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

b) A fine ranging from VND 25,000,000 to VND 30,000,000 shall be imposed for construction of single-detached house in a sanctuary or a cultural and historical relic site or or other construction works;

c) A fine ranging from VND 70,000,000 to VND 90,000,000 shall be imposed for construction of the work requiring the formulation of construction investment feasibility study reports or economic – technical reports.

5. In case of executing the construction works inconsistently with regulations on quality management of construction works causing subsidence, crack or damage to technical infrastructure facilities or adjacent works or causing collapse or risk of collapse to adjacent works without causing harm to human health or life, a fine shall be imposed as follows:

a) A fine ranging from VND 30,000,000 to VND 40,000,000 shall be imposed for construction of single-detached house;

b) A fine ranging from VND 50,000,000 to VND 60,000,000 shall be imposed for construction of single-detached house in a sanctuary or a cultural and historical relic site or other construction works;

c) A fine ranging from VND 80,000,000 to VND 100,000,000 shall be imposed for construction of the work requiring the formulation of construction investment feasibility study reports or economic – technical reports.

6. In case of failing to execute construction works according to the granted construction permit, for the case of grant of a new construction permit, a fine shall be imposed as follows:

a) A fine ranging from VND 30,000,000 to VND 40,000,000 shall be imposed for construction of single-detached house;

b) A fine ranging from VND 50,000,000 to VND 70,000,000 shall be imposed for construction of single-detached house in a sanctuary or a cultural and historical relic site or other construction works;

c) A fine ranging from VND 100,000,000 to VND 120,000,000 shall be imposed for construction of the work requiring the formulation of construction investment feasibility study reports or economic – technical reports.

7. In case of failing to obtain a construction permit when executing the construction work which requires construction permit, a fine shall be imposed as follows:

a) A fine ranging from VND 60,000,000 to VND 80,000,000 shall be imposed for construction of single-detached house;

b) A fine ranging from VND 80,000,000 to VND 100,000,000 shall be imposed for construction of single-detached house in a sanctuary or a cultural and historical relic site or other construction works;

c) A fine ranging from VND 120,000,000 to VND 140,000,000 shall be imposed for construction of the work requiring the formulation of construction investment feasibility study reports or economic – technical reports.

8. A fine ranging from VND 80,000,000 to VND 100,000,000 shall be imposed for construction of the work inconsistently with the appraised construction design in case of exemption from construction permit.

9. In case of executing construction works consistently with approved construction and urban plans, a fine shall be imposed as follows:

a) A fine ranging from VND 80,000,000 to VND 100,000,000 shall be imposed for construction of single-detached house;

b) A fine ranging from VND 100,000,000 to VND 120,000,000 shall be imposed for construction of single-detached house in a sanctuary or a cultural and historical relic site or other construction works;

c) A fine ranging from VND 160,000,000 to VND 180,000,000 shall be imposed for construction of the work requiring the formulation of construction investment feasibility study reports or economic – technical reports.

10. In case of building annexes or lean-to encroaching upon areas and spaces lawfully managed or used by other organizations or individuals or upon public areas and common-use areas, a fine shall be imposed as follows:

a) A fine ranging from VND 80,000,000 to VND 100,000,000 shall be imposed for construction of single-detached house;

b) A fine ranging from VND 100,000,000 to VND 120,000,000 shall be imposed for construction of single-detached house in a sanctuary or a cultural and historical relic site or other construction works;

c) A fine ranging from VND 180,000,000 to VND 200,000,000 shall be imposed for construction of the work requiring the formulation of construction investment feasibility study reports or economic – technical reports.

11. According to the provisions of the Government's decree on sanctioning of administrative violations in the land field for construction works insistently with the land use purposes, sanctions shall be imposed as prescribed by the law on land

12. In case of continuing to commit violations after an administrative violation record has been made (before the sanctioning decision is issued) even though the competent person has requested the cessation of violations for the administrative violations specified in Clauses 4, 6, 7, 8, 9 and 10 of this Article, a fine shall be imposed as follows:

a) A fine ranging from VND 100,000,000 to VND 120,000,000 shall be imposed for construction of single-detached house;

b) A fine ranging from VND 120,000,000 to VND 140,000,000 shall be imposed for construction of single-detached house in a sanctuary or a cultural and historical relic site or other construction works;

c) A fine ranging from VND 400,000,000 to VND 500,000,000 shall be imposed for construction of the work requiring the formulation of construction investment feasibility study reports or economic – technical reports.

13. In case of repeating one of the violations prescribed in Clause 4, 6, 7, 9 and 10 of this Article, a fine shall be imposed as follows:

a) A fine ranging from VND 120,000,000 to VND 140,000,000 shall be imposed for construction of single-detached house;

b) A fine ranging from VND 140,000,000 to VND 160,000,000 shall be imposed for construction of single-detached house in a sanctuary or a cultural and historical relic site or other construction works;

c) A fine ranging from VND 950,000,000 to VND 1,000,000,000 shall be imposed for construction of the work requiring the formulation of construction investment feasibility study reports or economic – technical reports.

14. Additional sanctions:

a) Deprivation of the right to use construction permits from 03 to 06 months (if any) for the violations specified at Point a, Clause 12 and Point a, Clause 13 of this Article;

b) Deprivation of the right to use construction permits from 06 to 09 months (if any) for the violations specified at Point b, Clause 12 and Point b, Clause 13 of this Article;

b) Deprivation of the right to use construction permits from 09 to 12 months (if any) for the violations specified at Point b, Clause 12 and Point b, Clause 13 of this Article;

d) Confiscation of material evidences and means used in administrative violations, for violations specified in Clause 12 and 13 of this Article.

15. Remedial measures:

a) Forcible implementation of coverage as prescribed and remedy of the environmental pollution (if any) for the violations specified in Clause 1 of this Article;

b) Forcible implementation of procedures for adjustment or extension of construction permits or forcible publicization of construction permits as prescribed for the violations specified in Clauses 2 and 3 of this Article;

c) Forcible demolition of the construction work or work item for the violations specified in Clause 4, 6, 7, 8 (if the violation has ended), 9, 10, 12 and 13 of this Article.

16. For the violations specified in Clauses 4, 6, 7 and 8 of this Article, if the construction works are under construction, in addition to being fined as prescribed, the order and procedures specified in Article 81 of this Decree shall be imposed.

17. In case of construction inconsistent with the granted construction permit but not subject to the adjustment of the construction permit according to the Law on Construction, the act shall not be considered as an act of construction inconsistent with the granted construction permit.

Article 17. The acts violating on regulations on execution of construction works

1. Warnings shall be imposed on one of the following violations:

a) Failing to notify the tasks and powers of individuals in the quality management system of the project owner and construction supervision contractor (if any) to related contractors as prescribed;

b) Failing to prepare completion dossiers of construction works as prescribed.

2. A fine ranging from VND 10,000,000 or 20,000,000 shall be imposed for failing to install construction signs or signs with incomplete contents at construction sites as prescribed.

3. A fine ranging from VND 20,000,000 to VND 40,000,000 shall be imposed for any of the following acts of violations:

a) Failing to supervise the construction of works as prescribed for the works are under construction;

b) Failing to prepare completion dossiers of construction works.

4. A fine ranging from VND 40,000,000 to VND 60,000,000 shall be imposed for any of the following acts of violations:

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

b) Failing to obtain results of examine construction measures and measures to ensure safety and environmental sanitation by the contractor;

c) Failing to send reports on measures to ensure safety to the specialized construction agencies as prescribed, in case of construction of a work with dangerous areas greatly affecting safety of the community.

d) Failing to arrange suitable human resources to execute construction supervision and safety management in construction;

dd) Letting organizations or individuals fail to meet the capacity conditions to execute the construction of single-detached houses as prescribed.

5. A fine ranging from VND 40,000,000 to VND 60,000,000 shall be imposed for any of the following acts of violations:

a) Failing to inspect leads to the contractors construct inconsistently with the approved execution process design;

b) Failing to inspect leads to the contractor’s failure to ask for an extension to the agreement on contract performance guarantee on the prescribed schedule;

c) Failing to examine and approve building materials, structures and products and equipment installed in the construction works;

d) Letting contractors to use building materials without declaration of conformity issued in cases where building materials are subject to declaration of conformity as prescribed;

dd) Failing to purchase construction works insurance as prescribed.

e) Failing to implement counter-testing and inspection of the quality of parts or items and the whole of works as prescribed.

6. A fine ranging from VND 60,000,000 to VND 80,000,000 shall be imposed for organizing urgent construction works without emergency orders as prescribed.

7. A fine ranging from VND 80,000,000 to VND 100,000,000 shall be imposed for failing to comply with regulations on use of unbaked building materials.

8. Remedial measures:

a) Forcible notification of the tasks and powers of individuals in the quality management system of the project owner and construction supervision contractor (if any) to related contractors specified at Point a, Clause 1 of this Article;

b) Forcible preparation of completion dossiers of construction works according to regulations for the violations specified at Point b, Clause 1, Point b, Clause 3 of this Article;

c) Forcible installation of warning signs containing sufficient information as regulated by law at the construction site for the violations specified at Clause 2 of this Article;

d) Forcible supervision of execution of construction works for the violations specified at Point a, Clause 3 of this Article;

dd) Forcible arrangement of human resources, construction equipment, specialized construction laboratories or the quality management system in accordance with the bidding dossiers by the contractor for the violations specified at Point a, Clause 4 of this Article;

e) Forcible obtaining of results of examine construction measures and measures to ensure safety and environmental sanitation by the contractor for the violations specified at Point b, Clause 4 of this Article;

c) Forcible submission of reports on measures to ensure safety to the specialized construction agencies as prescribed, in case of construction of a work with dangerous areas greatly affecting safety of the community for the violations specified at Point c, Clause 4 of this Article;

h) Forcible arrangement of suitable human resources to execute construction supervision and safety management in construction for the violations specified at Point d, Clause 4 of this Article;

i) Forcible execution of the construction work according to the approved execution process design by the contractor as requested by the project owner for the violation specified at Point a, Clause 5 of this Article;

k) Forcible submission of certification of extension of agreement on contract performance guarantee by the contractor as requested by the investor for the violations specified at Point b Clause 5 of this Article;

l) Forcible inspection of building materials, components, products or equipment installed in the construction works according to the design and construction contract by the project owner for the violations specified at Point c, Clause 5 of this Article;

m) Forcible inspection and determination of work quality, for work items using building materials without declaration of conformity by the project owner, for the violations specified at Point d, Clause 5 of this Article;

n) Forcible purchase of construction insurance for the violations specified at Point dd, Clause 5 of this Article if the works are under construction;

o) Forcible organization of counter-testing and inspection of the quality of parts or items and the whole of works for the violations specified at Point e, Article 5 of this Decree.

p) Forcible application of urgent work construction orders according to regulations for the violations specified in Clause 6 of this Article;

q) Forcible compliance with the proportion of unbaked building materials for the remaining part of the work that has not been constructed for the violations specified in Clause 7 of this Article.

Article 18. Violations against regulations on acceptance test of construction works

1. A fine ranging from VND 20,000,000 to VND 40,000,000 shall be imposed for any of the following acts of violations:

a) Failing to comply with procedures or formalities for acceptance test of construction works;

b) Failing to send a written request to construction authorities for inspection of acceptance test of construction works according regulations.

2. A fine ranging from VND 80,000,000 to VND 100,000,000 shall be imposed for putting the entire or partial construction work or the work item into use before conducting acceptance test as prescribed.

3. A fine ranging from VND 100,000,000 to VND 120,000,000 shall be imposed for any of the following acts of violations:

a) Conducting acceptance test when the incomplete work volume or the accepted work volume is larger than the actual performed work volume, for works using public investment capital, foreign state capital for public investment or PPP projects;

b) Failing to ensure the quality of the accepted works.

4. Remedial measures:

a) Forcible sending of a written request to competent agencies to inspect the acceptance test by the project owner within 10 days from the date of issuance of the decision on sanctioning of administrative violations as prescribed for the violations specified at Point b, Clause 1 of this Article;

a) Forcible acceptance test of partial construction work or the work item that have been put into use by the project owner within 01 to 03 months for the violations specified in Clause 2 of this Article;

c) Forcible re-acceptance test according to the actual construction and recovery of the acceptance and incorrect payment amounts to the project owner's account for the violations specified at Point a, Clause 3 of this Article;

d) Forcible remediation of the quality of works in accordance with regulations for the violations specified at Point b, Clause 3 of this Article.

Article 19. Violations against regulations on construction contracts applicable to projects using public investment capital, foreign state capital for public investment, PPP projects and making settlement of construction investment capital

1. A fine ranging from VND 30,000,000 to VND 40,000,000 shall be imposed for failing to use Vietnamese language in construction contracts as prescribed.

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

a) Concluding a construction contract with the contract price greater than the bid price or contract negotiation result (except additional work volume outside the contract package as approved by the investment decider);

b) Adjusting a construction contract inconsistently with regulations the regulations on order, procedures, competence and conditions for adjustment of the construction contract;

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

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

dd) Failing to settle or liquid construction contract as prescribed schedule.

3. A fine ranging from VND 100,000,000 to VND 120,000,000 shall be imposed for failing to make construction investment capital settlement dossiers to submit to investment decider for approval from the date on which the work is signed the acceptance record of completion, handover and put into operation and use as prescribed schedule.

4. Remedial measures:

a) Forcible use of Vietnamese language in construction contracts as prescribed for violations specified in Clause 1 of this Article if contracts are in progress;

b) Forcible execution with the winning bid price when the contract signing price exceeds the winning bid price or construction contract negotiation and negotiation results for the violations specified at Point a, Clause 2 of this Article if the contracts are in progress;

c) Forcible adjustment of contracts according to regulations for the violations specified at Point b, Clause 2 of this Article if the contracts are in progress;

d) Forcible recovery of the contract advance value exceeds the percentage or the entire contract advance value to the project owner's account for the violations specified at Point c, Clause 2 of this Article if the contracts are in process;

dd) Forcible payment, settlement or liquidation of construction contracts according to regulations for the violations specified at Point d or dd, Clause 2 of this Article.

e) Forcible completion and submission of the construction investment capital settlement dossiers to the investment decider within 01 month after the completion of the construction work for the violations specified in Clause 3 of this Article;

Article 20. Violations against regulations on warranty, maintenance, exploitation and operation of construction works

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

a) Determining the warranty period for the work insufficiently as prescribed by law;

b) Failing to approve the construction maintenance process as prescribed;

c) Failing to organize supervision or commissioning of remedying or repairing activities of the contractor or construction equipment supplier.

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

a) Failing to confirm fulfilled warranty responsibility of the contractor;

b) Failing to formulate the procedure for maintenance of construction work or failing to carry out maintenance of the construction work according to the approved maintenance procedure;

c) Failing to formulate the annual plan for maintenance of the construction work as prescribed;

d) Failing to formulate the construction work repair dossier as prescribed;

dd) Failing to hand over, or delay in handover, or insufficiently handing over the approved procedure for maintenance of the construction work to the owner or management unit of the construction work;

e) Failing to formulate maintenance cost estimates in the approved maintenance plan according to regulations for construction works using public investment capital, foreign state capital for public investment, or PPP projects.

3. A fine ranging from VND 40,000,000 to VND 60,000,000 shall be imposed for any of the following acts of violations:

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

b) Failing to conduct monitoring of the construction work as prescribed;

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

d) Failing to conduct periodical assessment of bearing capacity and safe operation of the construction work or failing to send assessment results to competent authorities as prescribed;

dd) Failing to check, repair and implement emergency measures against the construction work or the work item that denote unsafe operation, or failing to report thereof as prescribed;

e) Failing to execute one of the following: reinforcing, modifying and repairing damage (if any) before consideration and decision on extension of operation of the construction work; submitting report on inspection and assessment of quality of the construction work, and repairing results (if any) to competent authorities for the expired construction works;

g) Failing to organize the demolition of temporary works when the main works of the construction investment project are put into operation or at the end of the project's lifetime.

4. Remedial measures:

a) Forcible approval for the procedure for maintenance of construction work according to regulations for the violations specified at Point b, Clause 1 of this Article;

b) Forcible supervision and acceptance test of remedying or repairing activities of the contractor or construction equipment supplier for the violations specified at Point c, Clause 1 of this Article;

c) Forcible confirmation of fulfilled warranty responsibility of the contractor for the acts specified at Point a, Clause 2 of this Article;

d) Forcible formulation of the procedure for maintenance of construction work or maintenance of the construction work as prescribed for the violations specified at Point b, Clause 2 of this Article;

dd) Forcible formulation of the annual plan for maintenance of construction work as prescribed for the violations specified at Point c, Clause 2 of this Article;

e) Forcible formulation of construction repair dossiers as prescribed for the violations specified at Point d, Clause 2 of this Article;

g) Forcible handover of the approved procedure for maintenance of the construction work by project owner for the violations specified at Point dd, Clause 2 of this Article;

h) Forcible making of the estimate of maintenance costs the approved plan for maintenance of by the owner or management and operating unit of work for the violations specified at Point e, Clause 2 of this Article;

e) Forcible assessment of bearing capacity and safe operation of the work or forcible submission of assessment results to competent authorities for the violations specified at Point d, Clause 3 of this Article;

k) Forcible inspection, repair, application of emergency measures or forcible reporting as prescribed when detecting works or work items showing signs of danger or unsafe for operation and use for the violations specified at Point dd, Clause 3 of this Article;

l) Forcible reinforcement, modification and repair of damage (if any) before consideration and decision on extension of operation of the work; forcible submission of reports on inspection and assessment of quality of the work, and repairing results (if any) to competent authorities as prescribed the violations specified at Point e, Clause 3 of this Article;

m) Forcible demolition of temporary works by contractor according to regulations for the violations specified at Point g, Clause 3 of this Article.

Article 21. Violations against regulations on management and retention of dossiers

1. A fine ranging from VND 20,000,000 to VND 40,000,000 shall be imposed for any of the following acts of violations:

a) Failing to keep or insufficiently keeping the construction planning project as prescribed;

b) Failing to keep completion dossiers of the construction work or keeping the completion dossiers that lacks document lists as prescribed.

2. Remedial measures: Forcible retention or addition of document lists as prescribed for the violations specified at Clause 1 of this Article.

Article 22. Violations against regulations on construction incidents

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

a) Failing to report or delay in reporting when incidents of construction works or incidents cause unsafety to work;

b) Failing to prepare the construction incident dossiers as prescribed.

2. A fine ranging from VND 40,000,000 to VND 60,000,000 shall be imposed for any of the following acts of violations:

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

b) Failing to handle and remedy when incidents of construction works or incidents cause unsafety to work;

3. Remedial measures:

a) Forcible submission of written report of the construction incident to competent authorities for the violations specified at Point a, Clause 1 of this Article;

b) Forcible making of construction incident dossier for the violations specified at Point b, Clause 1 of this Article;

c) Forcible protection of incident scene of works for the violations specified at Point a, Clause 2 of this Article;

d) Forcible handling and remedy for the violations specified at Point b, Clause 2 of this Article.

Article 23. Violations against regulations on management of construction investment project

Depending on assigned duties, project management consultants, specialized project management boards or regional project management boards that are project owners shall be liable to administrative sanctions for violations as specified in from Article 7 to 21 of this Article.

 

Section 2

FOR CONTRACTORS, PROJECT OWNERS (IN CASE OF SELF-IMPLEMENTATION), OTHER ORGANIZATIONS AND INDIVIDUALS PARTICIPATING IN CONSTRUCTION ACTIVITIES

 

Article 24. Violations against regulations on capacity requirements for construction activities

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

a) Failing to satisfy capacity requirements for construction activities as prescribed;

b) Carrying out construction activities without a practising certificate or an expired practising certificate or a wrong practising certificate;

c) Failing by a foreigner or overseas Vietnamese, who practices construction job in Vietnam, to carry out procedures for conversion of practising certificate according to regulations.

2. A fine ranging from VND 30,000,000 to VND 50,000,000 shall be imposed on organizations operating in construction sector for one of the following violations:

a) Appointing a person who fails to have an appropriate practising certificate or unqualified for class or type of the construction work to hold job positions as prescribed;

b) Failing to satisfy capacity requirements as prescribed;

c) Failing to have capacity certificate or using an expired capacity certificate to operate in construction activities.

3. In addition to being sanctioned as prescribed in Clause 2 of this Article, a fine ranging from VND 50,000,000 to 70,000,000 shall be imposed on foreign contractors for one of the following violations:

a) Borrowing, lending or leasing practising certificate for carrying out construction activities;

b) Carrying out construction activities in Vietnam without a construction permit;

c) Failing to enter into joint venture with Vietnamese contractors or employ Vietnamese subcontractors as prescribed;

d) Failing to establish an Executive Office after being granted a construction permit; failing to register or notify address, phone number, fax number, e-mail, stamp, account, and tax identification number of the Executive Office as prescribed;

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

e) Failing to perform the joint-venture agreement signed with a Vietnamese contractor or failing to employ Vietnamese subcontractors as identified in the application dossier for a permit to operate in construction activities;

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

h) Failing to carry out quality registration of imported materials and equipment under the contract or failing to carry out safety registration of construction equipment and means of transport related to business activities of foreign contractors according to Vietnamese law;

i) Failing to comply with the reporting regime as prescribed in the construction permit.

4. Additional sanctions:

a) Suspend construction activities for 03 to 06 months for the violations specified at Point b, Clause 2 of this Article;

b) Suspend construction activities for 06 to 12 months in case of lack of capacity certificate; suspend construction activities for 03 to 06 months in case of use of expired capacity certificate for the violations specified at Point c, Clause 2 of this Article;

c) Deprive the right to use the practising certificate for 06 to 12 months for the violations specified at Point a, Clause 3 of this Article;

d) Suspend construction activities in Vietnam for 12 to 24 months for the violations specified at Point b, Clause 3 of this Article.

5. Remedial measures (for works have not yet been started or under construction):

a) Forcible satisfaction of requirements as prescribed for the violations specified at Point a, Clause 1 of this Article;

b) Forcible appointment of qualified persons or who possess appropriate practising certificate for the violations specified at Point a, Clause 2 of this Article;

c) Forcible application for a construction permit for the violations specified at Point b, Clause 3 of this Article;

d) Forcible the establishment of an Executive Office after being granted a construction permit or forcible supplementation of the registration or notification of information by the foreign contractor according to regulations for the violations specified at Point d, Clause 3 of this Article;

dd) Forcible performance of procedures for returning home for foreign workers by the contractor for the violations specified at Point dd, Clause 3 of this Article;

e) Forcible compliance by contractor with the granted construction permit for the violations specified at Point e, Clause 3 of this Article;

g) Forcible addition of specific contents, volume or value of construction works undertaken by Vietnamese contractor to the joint-venture agreement signed with the foreign contractor or by Vietnamese subcontractors for the violations specified at Point g, Clause 3 of this Article;

h) Forcible implementation of registration according to regulations for the violations specified at Point h, Clause 3 of this Article;

i) Forcible implementation of the reporting regime by the contractor as prescribed for the violations specified at Point i, Clause 3 of this Article.

Article 25. Violations against regulations on content of bid or contract dossiers

1. A fine ranging from VND 30,000,000 to VND 50,000,000 shall be imposed on contractors failing to comply with the contents of bid or contract dossiers.

2. Remedial measures: forcible implementation of contents in the bid or contract dossiers for the violations specified in Clause 1 of this Article in case of being performed under the contracts.

Article 26. Violations against regulations on national technical regulations, applicable standards, regulations on use of data and documents in construction activities

1. A fine ranging from VND 20,000,000 to VND 30,000,000 shall be imposed for application of foreign standards without the approval by the investment decider.

2. A fine ranging from VND 30,000,000 to VND 40,000,000 shall be imposed for reference to test results provided by specialized construction testing organizations that fail to meet capacity requirements as prescribed.

3. A fine ranging from VND 40,000,000 to VND 50,000,000 shall be imposed for use of illegal data or documents.

4. A fine ranging from VND 50,000,000 to VND 60,000,000 shall be imposed for failing to use or improperly using technical regulations or improperly applying standards or expired standards.

5. Remedial measures:

a) Forcible destruction of illegal test results or data or documents for the violations specified in Clauses 2 and 3 of this Article if the works have not yet been started or under construction;

b) Forcible use of technical regulations for violations specified in Clause 4 of this Article if the works have not yet been started or under construction.

Article 27. Violations against regulations on construction survey

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

a) Using human resources, equipment or laboratory unconformable with the approved construction survey technical plan;

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

c) Failing to keep survey samples or documents as prescribed;

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

a) Failing to make survey tasks or survey technical plans;

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

c) Making construction survey task or construction survey technical plan inconsistently with class or type of the construction work or type of construction survey;

d) Implementing survey without approved surveying task or construction survey technical plan;

dd) Failing to comply with approved surveying tasks or construction survey technical plans or survey procedures when conduct surveys;

e) Failing to purchase professional liability insurance as prescribed.

g) Failing to consult topographic maps or consulting a type of topographic map inconsistent with each type of construction planning project;

h) Failing to carry out additional survey in case the existing topographic map is unconformable with the actuality or not made by a legal entity at the time of construction planning, or only a cadastral map is available;

3. A fine ranging from VND 50,000,000 to VND 60,000,000 shall be imposed for reporting survey documents or data inconsistently with the reality or regulations resulting in adjustment of the design.

4. Remedial measures:

a) Forcible use of human resources, equipment and laboratories according to the approved construction survey technical plan for the violations specified at Point a, Clause 1 of this Article if the works have not yet been started or under construction;

b) Forcible re-testing with the test result sheet containing all the contents as prescribed for the violations specified at Point b, Clause 1 of this Article;

c) Forcible the formulation of survey tasks and construction survey technical plans for the violations specified at Point a, Clause 2 of this Article if the works have not yet been started or under construction;

d) Forcible re-formulation of survey tasks, construction survey technical plans and re-survey for the violations specified at Points b, c, d and dd, Clause 2 of this Article if the works have not yet been started or under construction;

dd) Forcible purchase of professional liability insurance for the violations specified at Point e, Clause 2 of this Article, if the project owners have not yet accepted the survey results.

Article 28. Violations against regulations on construction planning

1. A fine ranging from VND 10,000,000 to VND 20,000,000 shall be imposed for elaboration of planning tasks later than the prescribed schedule.

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

a) Layout or symbols of drawings inconsistent with regulations;

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

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

a) Elaborating planning task which lacks any prescribed contents;

b) Failing to collect planning opinions or improperly collecting opinions on objects, forms and time as prescribed;

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

d) Lack of stamp for certification by the planning appraisal agency in the planning project dossier after the approval decision is issued;

dd) Failing to send the approved planning dossier to the construction planning management agency for preservation as prescribed.

4. A fine ranging from VND 60,000,000 to VND 80,000,000 shall be imposed for any of the following acts of violations:

a) Explanations or drawing components in the planning project are improper or inadequate as prescribed;

b) Failing to prepare urban design dossier, management regulations according to the project or preparing the dossier which lacks any required drawings or contents as prescribed;

c) Elaboration construction planning inconsistently with planning of higher level.

5. Remedial measures:

a) Forcible use of topographic maps to formulate the construction planning project as prescribed for the violations specified at Point b, Clause 2 of this Article without the approval of the planning;

b) Forcible re-formulation of planning task or submission of application for appraisal of or approval for, or request for getting opinions for the violations specified at Point a and c, Clause 3 of this Article without the approval of the planning;

b) Forcible collection of opinions from relevant agencies, organizations, individuals or residential communities for the violations prescribed in Point b, Clause 3 of this Article without the approval of the planning;

d) Forcible submission of the approved construction planning dossier to the planning management agency for preservation for the violations specified at Point dd, Clause 3 of this Article without the approval of the planning;

dd) Forcible re-formulation of explanations, drawings of construction planning projects, urban design dossiers for the violations specified in Clause 4 of this Article without the approval of the planning;

Article 29. Violations against regulations on appraisal of construction investment projects, construction designs and estimates

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

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

b) Reporting inaccurate appraisal results.

2. Remedial measures:

a) Forcible cancellation of appraisal results for the violations specified at Point a, Clause 1 of this Article;

b) Forcible repetition of appraisal results for the violations specified at Point b, Clause 1 of this Article if the works are under construction.

Article 30. Violations against regulations on design (applied immediately after basic design and one-step design) and construction estimates

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

a) Elaborating construction design inconsistently with regulations;

a) Adjusting construction design inconsistently with regulations;

c) Implementing the following design step inconsistently with the approved previous step.

2. A fine ranging from VND 30,000,000 to VND 50,000,000 shall be imposed for any of the following acts of violations:

a) Designating producers or suppliers of building materials, supplies and equipment in the construction design of works using public investment capital, foreign state capital for public investment, PPP projects;

b) Failing to prescribe the use of unbaked building materials in the design dossiers for the work which requires the use of unbaked building materials, or failing to ensure the portion of unbaked building materials as prescribed, or failing to comply with regulations on use of other materials in works;

c) Safety design exceeding regulations for works using public investment capital, foreign state capital for public investment or PPP projects;

d) Determining soil and rock grades inconsistently with geological survey results or calculating transportation distances inconsistently with survey results for works using public investment capital, foreign state capital for public investment or PPP projects;

dd) Applying or applying norms inconsistently with work contents or contain figures different from norms which increase costs in works using public investment capital, foreign state capital for public investment or PPP projects;

e) Determining costs of supplies, materials, labor and construction machinery inconsistent with regulations of law on construction price management, inconsistent with regulations at the time of determining construction cost estimates and market price level at the constructed place, for the project using public investment capital, foreign state capital for public investment or PPP projects;

g) Calculating volume incorrectly, making estimates inconsistently with the volume calculated from the design drawings or calculating construction cost estimates without design drawings of ancillary works for projects using public investment capital, foreign state capital for public investment or PPP projects.

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

a) Preparing design dossier insufficiently with standards or usage features of materials, equipment and components;

b) Preparing construction design dossier without geological survey results or making dossier that is not based on construction geological survey results or inconsistent with survey results as prescribed;

c) Failing to use sample or typical design for the works which requires use of sample or typical design;

d) Failing to comply with regulations on environmental protection, firefighting and prevention, and response to climate change, and other safety requirements;

dd) Failure to implement or improperly or inadequately supervising authors as prescribed;

e) Failing to purchase professional liability insurance as prescribed.

4. Remedial measures:

a) Forcible preparation of construction design dossiers as prescribed for the violations specified at Point a, Clause 1 of this Article if the works have not yet been started or under construction;

b) Forcible adjustment of construction design in accordance with regulations for the violations specified at Points b, Clause 1 of this Article if the works have not yet been started or under construction;

c) Forcible implementation of the following design step according to the approved previous design step for the violations specified at Point c, Clause 1 of this Article if the works have not yet been started or under construction;

d) Forcible inclusion in the designs and estimates of types and ratios of unburnt building materials as prescribed for the violations specified at Point b, Clause 2 of this Article if the works have not yet been started or under construction;

dd) Forcible making of cost estimates according to regulations for the violations specified at Points d, dd, e and g, Clause 2 of this Article if the works and work items have not yet been organized to select a contractor or signed any economic contract;

e) Forcible design according to the results of geological survey of works for the violations specified at Points e Clause 3 of this Article if the works have not yet been started or under construction;

g) Forcible the author supervision according to regulations for the violations specified at Points dd, Clause 3 of this Article if the works have not yet been started or under construction;

h) Forcible purchase of professional liability insurance for the violations specified at Point e, Clause 3 of this Article if the works have not yet been started or under construction.

Article 31. Violations against regulations on construction order

1. In case of executing the construction work without coverage or letting building materials fall outside the construction site or improperly placing building materials as prescribed, a fine shall be imposed as follows:

a) A fine ranging from VND 3,000,000 to VND 5,000,000 shall be imposed for construction of single-detached house or other construction works;

b) A fine ranging from VND 15,000,000 to VND 20,000,000 shall be imposed for construction of the work requiring the making of construction investment feasibility study reports or economic – technical reports.

2. In case of executing the construction works inconsistently with regulations on quality management of construction works causing subsidence, crack or damage to technical infrastructure facilities or adjacent works or causing collapse or risk of collapse to adjacent works without causing harm to human health or life, a fine shall be imposed as follows:

a) A fine ranging from VND 30,000,000 to VND 40,000,000 shall be imposed for construction of single-detached house;

b) A fine ranging from VND 50,000,000 to VND 60,000,000 shall be imposed for construction of single-detached house in a sanctuary or a cultural and historical relic site or other construction works;

c) A fine ranging from VND 80,000,000 to VND 100,000,000 shall be imposed for construction of the work requiring the making of construction investment feasibility study reports or economic – technical reports.

3. In case of contractors continues to execute the construction of works whose project owner is liable to a record of administrative violation specified in Clause 4, 6, 7, 8,9 and 10, Article 16 of this Article, a fine shall be imposed as follows:

a) A fine ranging from VND 80,000,000 to VND 100,000,000 shall be imposed for construction of single-detached house;

b) A fine ranging from VND 100,000,000 to VND 120,000,000 shall be imposed for construction of single-detached house in a sanctuary or a cultural and historical relic site or other construction works;

c) A fine ranging from VND 160,000,000 to VND 180,000,000 shall be imposed for construction of the work requiring the making of construction investment feasibility study reports or economic – technical reports.

4. Additional sanctions:

a) Deprivation of the right to use the capacity certificate or practising certificate from 03 to 06 months for the violations specified in Clause 3 of this Article;

b) Confiscation of material evidences and means used in administrative violations for the violations specified in Clause 3 of this Article.

5. Remedial measures: Forcible implementation of coverage as prescribed and remedy of the environmental pollution (if any) for the violations specified in Clause 1 of this Article.

Article 32. Violations against regulations on safety in execution of construction works

1. A fine ranging from VND 10,000,000 to VND 20,000,000 shall be imposed for failing to keep occupational safety log or failing to sufficiently and properly record required contents in the occupational safety log as prescribed.

2. A fine from VND 30,000,000 to VND 50,000,000 shall be imposed for any of the following acts of violation:

a) Letting workers fail to comply with technical safety measures or violate regulations on the use of personal protective equipment and tools in execution of construction work;

b) Failing to make a general plan on occupational safety as prescribed or failing to establish detailed safety measures for works with high risk of working unsafety;

c) Using construction equipment without circulation or operating permits as prescribed, or using the permits without inspection or the inspection period has expired, or failing to perform or improperly performing the contents stated in the permits;

d) Failing to install warning signs at the construction site so as to prevent unexpected accidents, or failing to arrange instructors at dangerous locations on the construction site;

dd) Failing to arrange persons in charge of management for occupational safety or arrange persons in charge of management for occupational safety who are not trained in occupational safety or construction techniques and meet other requirements of the law on occupational safety and health;

e) Failing to instruct workers to identify dangerous factors that can cause accidents and measures to prevent accidents on the construction site;

g) Failing to prepare or submit to the project owner for approval of measures to ensure safety for people, construction works, properties, equipment and means in dangerous areas during work construction;

h) Failing to specify measures to ensure safety and environmental sanitation in construction measures.

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

a) Committing violations against regulations on plans and solutions for demolition of construction works;

b) Failing to purchase insurance for construction workers on the construction site and civil liability insurance for third parties as prescribed.

4. Remedial measures (for works are under construction):

a) Forcible formulation of general plan on occupational safety as prescribed, formulation of detailed safety measures for works with high risk of working unsafety for the violations specified at Point b, Clause 2 of this Article;

b) Forcible use of construction equipment that has valid certificate of sale and certificate of inspection as prescribed for the violations specified at Point c, Clause 2 of this Article;

c) Forcible installation of warning signs and arrangement of inspectors at the construction site so as to prevent unexpected accidents for the violations specified at Point d, Clause 2 of this Article;

d) Forcible arrangement of persons in charge of management for occupational safety, training and guidance on occupational safety for workers for the violations specified at Points dd and e, Clause 2 of this Article;

dd) Forcible preparation or submission to the project owner for approval of measures to ensure safety for people, construction works, properties, equipment and means in dangerous areas during work construction for the violations specified at Point g, Clause 2 of this Article;

e) Forcible regulations of measures to ensure safety and environmental sanitation in construction measures for the violations specified at Point h, Clause 2 of this Article;

g) Forcible implementation of demolition plans and solutions as prescribed for the violations specified at Point a, Clause 3 of this Article;

h) Forcible purchase of insurance according to regulations for the violations specified at Point b, Clause 3 of this Article.

Article 33. Violations against on regulations on execution of construction works

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

a) Failing to return the site or move building materials, machinery, equipment and other assets of the contractor of out the finished construction work which has been accepted and handed over (unless otherwise agreed upon in the signed contract);

b) Failing to keep construction daily log or keeping a construction daily log prepared inconsistently with regulations;

c) Failing to receive and manage the construction site, failing to preserve landmarks and construction landmarks or failing to manage the construction site according to regulations;

d) Using expenses for occupational safety inconsistently with regulations;

dd) Failing to report to the project owner on the progress, quality, volume, labor safety and environmental sanitation of construction according to the construction contract and other relevant laws;

e) Failing to prepare and archive construction management dossiers according to regulations or prepare the dossiers inconsistently with the actual execution time at the construction site.

2. A fine ranging from VND 20,000,000 to VND 40,000,000 shall be imposed for failing to obtain the project owner’s approval for one of the following contents:

a) Plans on testing and examination, inspection, experiment, trial operation, observation and measuring of technical specifications of works to meet design requirements and technical instructions;

b) Measures to examine and control the quality of materials, products, structures and equipment used for works; and construction measures;

c) Plans on examination and acceptance test of construction jobs, acceptance test of phases or parts (items) of construction works, and acceptance test of completed construction items or works;

d) Construction schedule.

3. A fine ranging from VND 40,000,000 to VND 60,000,000 shall be imposed for any of the following acts of violations:

a) Failing to make as-built drawings as prescribed;

b) Failing to determine dangerous areas in work construction as prescribed;

c) Failing to arrange personnel and construction equipment as stated in construction contracts and prescribed by relevant laws;

d) Failing to organize to conduct the testing, experiment and inspection of building materials, structures and products and equipment and technological equipment of works before and during construction according to the design requirements and terms of construction contracts;

dd) Using unqualified specialized construction laboratories to carry out experiments or indirectly performing experiments as prescribed.

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

a) Using materials and components used for works without quality management dossiers or inadequate quality management dossiers as prescribed;

b) Failing to comply with approved construction contract, permit, construction design or technical instructions during the construction of works;

c) Lack of results of testing experiments and inspection of materials, products, structures and equipment used for works in accordance with applicable technical regulations and standards and design requirements to be implemented during the construction of works;

d) Failing to conduct surveying or monitoring of the construction work according to design requirements approved by the project owner or failing to carry out on-line testing or off-line testing according to the acceptance plan approved by the project owner before requesting for acceptance test.

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

a) Failing to establish and notify the project owner and related entities about the construction management system of the contractor or establishing the construction management system inconsistent with the scale and nature of the works;

b) Failing to specify organizational chart and duties of each individual and departments related to the construction quality control in the construction management system;

c) Failing to stop the construction of construction works, parts or work items upon detecting any quality-related faults and defects or occurrence of incidents;

d) Failing to stop construction upon detecting the risk of occupational accidents or incidents causing unsafety to work;

dd) Failing to remedy the consequences of occupational accidents or incidents causing occupational insecurity that occur during the construction of works.

6. Remedial measures:

a) Forcible transfer of the site and moving of building materials, machinery, equipment and other assets of the contractor of out the construction site for the violations specified at Point a, Clause 1 of this Article;

b) Forcible recording of construction logs as prescribed for the violations specified at Points b, Clause 1 of this Article if the works are under construction;

c) Forcible receipt and management of construction sites, preservation of landmarks and construction landmarks for the violations specified at Point c, Clause 1 of this Article if the works are under construction;

d) Forcible use of expenses on occupational safety according to regulations for the violations specified at Point d, Clause 1 of this Article if the works are under construction;

dd) Forcible reporting on the progress, quality, volume, labor safety and environmental sanitation of construction to the project owner for the violations specified at Point dd, Clause 1 of this Article if the works are under construction;

e) Forcible preparation of construction management dossiers as prescribed in consistent with the actual time at the construction site for the violations specified at Point e, Clause 1 of this Article;

g) Forcible submission of plans on testing and examination, inspection, experiment, trial operation, observation and measuring of technical specifications of works for the approval of project owner for the violations specified at Point a, Clause 2 of this Article if the works are under construction;

h) Forcible submission of measures to examine and control the quality of materials, products, structures and equipment used for works; and construction measures for the approval of project owner for the violations specified at Point b, Clause 2 of this Article if the works are under construction;

i) Forcible submission of plans on examination and acceptance test of construction jobs, acceptance test of phases or parts (items) of construction works, and acceptance test of completed construction items or works for the approval of project owner for the violations specified at Point c, Clause 2 of this Article if the works are under construction;

k) Forcible submission of construction schedule for the approval of project owner for the violations specified at Point d, Clause 2 of this Article if the works are under construction;

l) Forcible making of as-built drawings according to regulations for the violations specified at Points a, Clause 3 of this Article if the works are under construction;

m) Forcible identification of dangerous areas in work construction for the violations specified at Points b, Clause 3 of this Article if the works are under construction;

n) Forcible arrangement of personnel and construction equipment as stated in construction contracts and prescribed by relevant laws for the violations specified at Points c, Clause 3 of this Article if the works are under construction;

o) Forcible organization of testing, experiment and inspection of building materials, structures and products and equipment and technological equipment of works before and during construction according to the design requirements and terms of construction contracts for the violations specified at Points d, Clause 3 of this Article if the works are under construction;

p) Forcible use of specialized construction laboratories that fully satisfy the conditions for conducting experiments and directly performing experimental work as prescribed for the violations specified at Point dd, Clause 3 of this Article if works are under construction;

q) Forcible completion of quality management dossiers as prescribed for the violations specified at Point a, Clause 4 of this Article if the works have not yet been started or under construction;

r) Forcible execution according to construction contracts, construction permits, work construction designs and technical instructions for the violations specified at Point b, Clause 4 of this Article;

s) Forcible execution of surveying or monitoring of the construction work according to regulations or forcible performance of on-line testing and off-line testing according to regulations before requesting for acceptance test for the violations specified at Point d Clause 4 of this Article if the works are under construction;

t) Forcible elaboration of quality management system suitable to the scale of the work for the violations specified at Point a, Clause 5 of this Article if the works are under construction;

u) Forcible elaboration of quality management system which must specify organizational chart and duties of each individual and departments related to the construction quality management for the violations specified at Point b, Clause 5 of this Article if the works are under construction;

v) Forcible suspension of construction and remedying of errors, defects and incidents as prescribed to ensure safety before continuing construction for the violations specified at Points c and d, Clause 5 of this Article;

x) Forcible remedy of consequences of occupational accidents or incidents causing occupational insecurity that occur during the construction of works for the violations specified at Point dd, Clause 5 of this Article.

Article 34. Violations against regulations on management of machinery and equipment subject to strict requirements for occupational safety used in construction

1. A fine ranging from VND 60,000,000 to VND 80,000,000 shall be imposed for any of the following acts of violations:

a) Failing to conduct technical inspection of occupational safety for machines and equipment subject to strict requirements for occupational safety used as prescribed;

b) Failing to use the online software to manage the accepted database to update the database for machines and equipment subject to strict requirements for occupational safety used in construction, which have been tested. determined.

2. Remedial measures:

a) Forcible occupational safety technical inspection of machines and equipment subject to strict requirements for occupational safety used for the violations specified at Point a, Clause 1 of this Article if the works are under construction;

b) Forcible use of online software to manage the accepted database to update the database for the violations specified at Point b, Clause 1 of this Article.

Article 35. Violations against regulations on construction supervision

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

a) Failing to supervision construction tasks as prescribed;

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

c) Failing to prepare report on construction supervision as prescribed.

2. A fine ranging from VND 40,000,000 to VND 60,000,000 shall be imposed for any of the following acts of violations:

a) Falsifying supervision results;

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

c) Letting construction contractor execute the construction work without unburnt building materials as prescribed;

d) Accepting construction work inconsistently with regulations;

dd) Failing to recruit construction supervision contractors independent from construction contractors, contractors for producing, manufacturing and supplying materials, products, components and equipment used for works using public investment capital, foreign state capital for public investment or PPP projects.

3. Remedial measures:

a) Forcible implementation of construction supervision according to regulations for the violations specified at Point a, Clause 1 of this Article if the works are under construction;

b) Forcible making of reports on construction supervision for the violations specified at Point c, Clause 1 of this Article if the works are under construction;

c) Forcible cancellation and elaboration of supervision results in accordance with actual construction for the violations specified at Point a, Clause 2 of this Article if are under construction;

d) Forcible execution of construction by the construction contractor consistently with the approved construction permit, design, or type and specification of building materials or the approved construction method design for the violations specified at Point a, Clause 2 of this Article if the works are under construction;

dd) Forcible use of unburnt building materials according to regulations for the remaining of the work for the violations specified at Point c, Clause 2 of this Article if the works are under construction;

e) Forcible acceptance test of construction works according to regulations for the violations specified at Point d, Clause 2 of this Article;

g) Forcible replacement of the independent construction supervision contractor with other contractors for the violations specified at Point dd, Clause 2 of this Article if the bids of works are under construction.

Article 36. Violations against regulations on acceptance test and payment for work volume

1. A fine ranging from VND 20,000,000 to VND 30,000,000 shall be imposed for delaying completion of dossiers or documents to serve the acceptance test, payment and statement of works as prescribed.

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

a) Acceptance test of unrealized volume or work or acceptance test of more volume or work than actual construction work;

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

c) Acceptance test of work items or the construction work when the report on acceptance test of fire system and environmental protection is unavailable as regulations and other laws.

3. A fine ranging from VND 100,000,000 to VND 120,000,000 shall be imposed for transfer of the construction work to its owner or manager before it is duly accepted in accordance with regulations.

4. Remedial measures:

a) Forcible nullification of acceptance test results for the violations specified at Point a and b, Clause 2 of this Article, and forcible recovery of excess amounts paid to the project owner's account for the violations specified at Point a, Clause 2 of this Article;

b) Forcible obtainment of the report on acceptance test of fire systems as prescribed for the violations specified at Point c, Clause 2 of this Article;

c) Forcible acceptance test according to regulations for the violations specified in Clause 3 of this Article.

Article 37. Violations against regulations on construction contracts

1. A fine ranging from VND 40,000,000 to VND 60,000,000 shall be imposed for any of the following acts of violations:

a) Signing subcontracts in contravention of regulations for works using public investment capital, foreign state capital for public investment or PPP projects;

b) Failing to use Vietnamese language in construction contracts according to regulations.

2. Remedial measures:

a) Forcible signing of subcontracts according to regulations for the violations specified at Point a, Clause 1 of this Article;

b) Forcible use of Vietnamese language in construction contracts according to regulations for the violations specified at Point b, Clause 1 of this Article.

Article 38. Violations against regulations on warranty and maintenance of construction works

1. A fine ranging from VND 20,000,000 to VND 30,000,000 shall be imposed for failing to submit a report on completion of the warranty to the project owner.

2. A fine ranging from VND 30,000,000 to VND 40,000,000 shall be imposed for failing to establish the maintenance procedure or establishment of the maintenance procedure that fails to specify all contents as prescribed.

3. A fine ranging from VND 40,000,000 to VND 60,000,000 shall be imposed for failing to discharge warranty liability as prescribed.

4. Remedial measures:

a) Forcible making of report on completion of warranty to submit to the project owner according to regulations for the violations specified in Clause 1 of this Article;

b) Forcible establishment of maintenance procedure according to regulations for the violations specified in Clause 2 of this Article.

c) Forcible performance of warranty responsibility as prescribed for the violations specified in Clause 3 of this Article.

Article 39. Violations against regulations on archive

1. A fine ranging from VND 20,000,000 to VND 40,000,000 shall be imposed for any of the following acts of violations:

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

b) The supervising contractor’s failure to keep construction management dossiers related to the construction supervision as prescribed;

c) The construction contractor’s failure to keep construction quality management dossiers as prescribed;

d) Failing to keep testing dossiers, sample submission forms and test reports when conducting specialized tests in construction as prescribed;

dd) Failing to keep or improperly keeping dossiers related to professional training courses in construction which have been organized as prescribed.

2. Remedial measures: Forcible archive of dossiers as prescribed for the violations specified in Clause 1 of this Article.

Article 40. Violations against regulations on inspection, testing and training in construction

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

a) Failing to comply with procedure for quality inspection as prescribed;

b) Inaccurately report on inspection results;

c) Conducting quality inspection of construction works under their supervision for works using public investment capital, foreign state capital for public investment or PPP projects.

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

a) Failing to obtain certificate of eligibility to conduct specialized tests in construction from a competent agency or failing to satisfy capacity requirements as prescribed;

b) Providing the test result with incorrect or incomplete content as prescribed;

c) Failing to provide data on test results or providing data inconsistent with test results.

3. Remedial measures:

a) Forcible preparation of inspection results in accordance with reality for the violations specified at Point b, Clause 1 of this Article;

b) Forcible re-experimentation and providing accurate and adequate test results according to regulations for the violations specified at Points b and c, Clause 2 of this Article.

 

Chapter III

ADMINISTRATIVE VIOLATIONS, SANCTIONING FORMS AND REMEDIAL MEASURES IN BUILDING MATERIAL MANUFACTURING

 

Article 41. Violations against regulations on manufacturing of building materials containing white asbestos belonging to the serpentine family (hereinafter referred to as white asbestos)

1. A fine ranging from VND 60,000,000 to VND 80,000,000 shall be imposed for using white asbestos for manufacturing the following building materials:

a) Using white asbestos without clear origins to manufacture roof panels;

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

2. A fine ranging from VND 100,000,000 to VND 120,000,000 shall be imposed for investment in new construction or expansion of facility manufacturing building materials with containing white asbestos.

3. Remedial measures:

a) Forcible destruction of unqualified products and goods according to regulations, for violations specified at Point a Clause 1 of this Article;

b) Forcible implementation of measures for remediation of environmental pollution for treatment of environmental pollution, for violations prescribed at Point b Clause 1 of this Article;

c) Forcible restoration to the original state or forcible demolition of the violating construction works or parts and equipment, for violations prescribed in Clause 2 of this Article.

 

Chapter IV

ADMINISTRATIVE VIOLATIONS, SANCTIONING FORMS AND REMEDIAL MEASURES IN MANAGEMENT OF TECHNICAL INFRASTRUCTURE WORKS

 

Section 1

VIOLATIONS AGAINST REGULATIONS ON WATER SUPPLY AND DRAINAGE

 

Article 42. Violations against regulations on protection of safety zones of underground water wells, water supply sources for clean water production, safety corridors of raw water pipelines, or clean water transmission pipes and technical works

1. A fine ranging from VND 40,000,000 to VND 60,000,000 shall be imposed for any of the following acts of violations:

a) Violations against regulations on protection of safety zones of underground water wells;

b) Violations against regulations on protection of safety corridors of raw water pipelines and clean water transmission pipes;

c) Violations against regulations on protection of the safety of technical works of water supply systems.

2. A fine ranging from VND 60,000,000 to VND 80,000,000 shall be imposed for violating regulations on protection of the safety of the water supply sources or failing to build the sanitary protection zones of water-supplying areas or water supply facilities.

3. Remedial measures:

a) Forcible restoration to the original state, for violations prescribed in Clause 1 of this Article;

b) Forcible protection of the safety of the water supply sources, forcible construction of the sanitary protection zone of water-supplying areas, water supply facilities, for violations specified in Clause 2 of this Article.

Article 43. Violations against regulations on signing agreements on providing water supply services, water supply development plans

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

a) Failing to sign an agreement on providing water supply service with the competent agency as prescribed;

b) Failing to make annual and long-term water supply development plans within the service areas of the unit and submit them to the competent agencies for approval according to regulations.

2. Remedial measures:

a) Forcible signing of an agreement on providing water supply service with the competent agency according to regulations, for violations specified at Point a Clause 1 of this Article;

b) Forcible of formulation and submission to the competent agency for approval of annual and long-term water supply development plans according to regulations, for violations specified at Point b Clause 1 of this Article.

Article 44. Violations against regulations on protection and use of water supply network

1. A fine ranging from VND 10,000,000 to VND 20,000,000 shall be imposed for failing to make periodic and irregular water supply reports upon request as prescribed to the local authorities and state management agencies at local and central levels.

2. A fine ranging from VND 20,000,000 to VND 40,000,000 shall be imposed for any of the following acts of violations:

a) Failing to timely notify water users to take measures for water reserve during the period of water supply service restoration;

b) Failing to design, install, maintain, use and check water users’ equipment that is connected to the water supply network of the water suppliers according to technical standards and regulations;

c) Violating regulations on service quality at the connection point to clean water for domestic use;

d) Violating regulations on protection and use of water supply network.

3. A fine ranging from VND 40,000,000 to VND 60,000,000 shall be imposed for any of the following acts of violations:

a) Failing to ensure the minimum water pressure of hydrants as calculated by the pipe network;

b) Failing to satisfy quality requirements for lean water supplied for domestic use as set forth in technical regulations.

4. A fine ranging from VND 60,000,000 to VND 80,000,000 shall be imposed for any of the following acts of violations:

a) Failing to take temporary water supply measures or taking temporary water supply measures that do not meet the minimum daily needs of people in the affected area during the period of troubleshooting incidents;

b) Failing to install fire hydrants according to regulations.

5. A fine ranging from VND 100,000,000 to VND 120,000,000 shall be imposed for any of the following acts of violations:

a) Causing pollution to the unused clean water, distributing harm or toxic substances and infectious diseases in the water supply network

b) Transferring the water supply right, whether partial or entire, without the written approval by the competent agency according to regulations.

6. Remedial measures:

a) Forcible making of reports according to regulations, for violations prescribed in Clause 1 of this Article;

b) Forcible designing, installment, maintenance, use and checking of water users’ equipment that is connected to the water supply network of the water suppliers according to the prescribed technical standards and regulations, for violations specified at Point b Clause 2 of this Article;

c) Forcible assurance of service quality at the connection point, for violations specified at Point c Clause 2 of this Article;

d) Forcible restoration to the original state, for violations prescribed at Point d Clause 2 of this Article;

dd) Forcible assurance of the minimum water pressure of hydrants as calculated by the pipe network, for violations specified at Point a Clause 3 of this Article;

e) Forcible provision of qualified clean water according to the prescribed technical regulations, for violations specified at Point b Clause 3 of this Article;

g) Forcible implementation of temporary water supply measures to satisfy the minimum daily needs for the people in th affected areas according to regulations, for violations specified at Point a Clause 4 of this Article;

h) Forcible installment of fire hydrant systems according to regulations, for violations prescribed at Point b Clause 4 of this Article;

i) Forcible restoration to the original state of the clean water supply system, for violations prescribed at Point a Clause 5 of this Article;

k) Forcible application for written approval from a competent agency for transfer of the water supply right according to regulations, for violations prescribed at Point b Clause 5 of this Article.

Article 45. Violations against regulations on water supply master plans and plans

1. A fine ranging from VND 40,000,000 to VND 50,000,000 shall be imposed for participating in supplying water contravention of the water supply master plans approved by the competent State agencies.

2. A fine ranging from VND 60,000,000 to VND 80,000,000 shall be imposed for any of the following acts of violations:

a) Investing in construction of water supply facilities inconsistently with the approved water supply development plans;

b) Failing to invest in development of the distribution and connection network to water users when obtaining the water supply development plans approved by the competent authorities.

3. Remedial measures:

a) Forcible compliance with the water supply master plan approved by the competent state agency, for violations specified in Clause 1 of this Article;

b) Forcible investment in construction of water supply facilities in accordance with the approved water supply plan, for violations specified at Point a Clause 2 of this Article;

c) Forcible investment in development of the distribution and connection network to water users, for violations specified at Point b Clause 2 of this Article.

Article 46. Violations against regulations on water supply service contracts

1. A fine ranging from VND 40,000,000 to VND 60,000,000 shall be imposed for failing to organize the inspection of water-measuring or -counting equipment strictly according to the requirements and time limits prescribed by the state management agencies in charge of measurement.

2. A fine ranging from VND 60,000,000 to VND 80,000,000 shall be imposed for using a water supply service contract between the water wholesaler and water retailer without obtaining written approval or consideration from competent agencies.

3. Remedial measures:

a) Forcible organization of inspection of water-measuring or -counting equipment, for violations prescribed in Clause 1 of this Article;

b) Forcible submission of the water supply service contracts to the competent agencies for consideration and approval in writing, for violations specified in Clause 2 of this Article.

Article 47. Violations against regulations on operation of water drainage system

1. A fine ranging from VND 60,000,000 to VND 80,000,000 shall be imposed for connecting the drainage system of the work to the shared drainage system inconsistently with the connection agreement.

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

a) Failing to manage assets invested from the water waste drainage and treatment facility owner’s capital according to the signed contract of managing and operating the water drainage system;

b) Failing to ensure the safety, efficiency and economy in management and operating of the water waste drainage and treatment system according to regulations;

c) Failing to formulate and organize to carry out the procedure for management and operation of the water drainage system;

d) Failing to set up a database, manage households discharging water and connecting to the water drainage system under the management or failing to coordinate with the water supplier or failing to directly organize to collect water drainage charge according to regulations;

dd) Failing to provide information on connection agreement for requesters;

e) Failing to maintain the stability of the water drainage service according to regulations;

g) Failing to send periodic reports to the owners and local and central state management agencies in charge of water drainage.

3. Remedial measures:

a) Forcible connection according to regulations, for violations prescribed in Clause 1 of this Article;

b) Forcible formulation and implementation of the procedure for management and operation of the water drainage system according to regulations, for violations specified at Point c Clause 2 of this Article;

c) Forcible setting up of a database, management of households discharging water and connecting to the water drainage system under the management or forcible coordination with the water supplier or forcible direct collection of water drainage charge according to regulations, for violations specified at Point d Clause 2 of this Article;

d) Forcible provision of information on connection agreement to persons in needs, for violations specified at Point dd Clause 2 of this Article;

dd) Forcible maintenance of the stability for the water drainage service according to regulations, for violations specified at Point e Clause 2 of this Article;

e) Forcible submission of periodic reports to the owners and local and central state management agencies in charge of water drainage, for violations specified at Point g Clause 2 of this Article.

Article 48. Violations against regulations on management of drainage-related elevation

1. A fine ranging from VND 10,000,000 to VND 20,000,000 shall be imposed on the unit in charge of water drainage failing to provide information about elevations relating the drainage system to requesting organizations and individuals.

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

a) Organizations, individuals and households investing in construction works that fail to comply with the provided urban foundation height;

b) Failing to determined and failing to manage the water level of regulation reservoirs and drainage canals to ensure maximum capacity of drainage, rainwater regulation, flood control and environmental protection;

c) Failing to strictly manage the main culvert lines and waste water and rainwater collection gates.

3. Remedial measures:

a) Forcible provision of drainage system elevation by drainage units, for violations specified in Clause 1 of this Article;

b) Forcible management of elevation according to regulations, for violations prescribed at Point b Clause 2 of this Article.

Article 49. Violations against regulations on management of detention basin systems

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

a) Failing to regularly dredge the basin bottom, clean the bed or sides of the basin;

b) Failing to formulate the procedure for management and regulations on exploitation and operation of detention basins;

c) Using and exploiting the detention basin for entertainment, aquaculture, tourism and other services without the permission from the competent authority.

2. A fine ranging from VND 40,000,000 to VND 60,000,000 shall be imposed for the act of failing to maintain the stable water level for the detention basin.

3. Remedial measures:

a) Forcible dredging of basin bottom, cleaning of the bed or sides of the basin according to regulations, for violations specified at Point a Clause 1 of this Article;

a) Forcible formulation of the procedure for management, exploitation and operation of detention basin according to regulations, for violations prescribed at Point b Clause 1 of this Article.

Article 50. Violations against regulations on procedure for management and operation of wastewater drainage system

1. A fine ranging from VND 10,000,000 to VND 20,000,000 shall be imposed for failing periodically inspect and assess the quality of key works, works on the drainage network, the tightness and sedimentation at connection points, manholes and culvert lines to ensure the continuous operation of the system or failing to propose measures to replace, repair, dredge, maintain and develop the drainage system according to regulations.

2. Remedial measures: Forcible carrying out of periodic inspection and assessment according to regulations, for violations prescribed in Clause 1 of this Article.

Article 51. Violations against regulations on management of the rainwater drainage system and reusing of rainwater

1. A fine ranging from VND 60,000,000 to VND 80,000,000 shall be imposed on the unit in charge of managing the rainwater drainage system and reusing rainwater committing one of the following acts of violation:

a) Preventing culverts, ditches and manholes from being dredged, maintained and periodically maintained, failing to ensure the flow according to the design or failing to regularly check and maintain manhole covers, rainwater inlets and outlets or failing to periodically inspect and evaluate the quality of culvert lines and works in the network to propose replacement and repair plans;

b) Failing to formulate a procedure for managing the rainwater drainage system to meet the technical requirements for management and operation as prescribed;

c) Reusing rainwater for different purposes that do not meet the appropriate standards and technical regulations on water quality.

2. Remedial measures:

a) Forcible periodic dredging, maintenance and maintenance of culverts, ditches, manholes, ensuring the flow according to the design, or forcible inspection and maintenance of manhole covers, rainwater inlets and outlets, or forcible inspection, assessment of the quality of culvert lines and works in the network to propose a replacement or repairing plans, for violations specified at Point a Clause 1 of this Article;

b) Forcible formulation of the procedure for management of the rainwater drainage system and reusing of rainwater, for violations at Points b and c Clause 1 of this Article.

Article 52. Violations against regulations on collection, transport and treatment of sewage sludge from drainage systems in urban areas, and concentrated rural residential areas

1. A fine ranging from VND 10,000,000 to VND 20,000,000 shall be imposed for failing to collect, store and transport sewage sludge to the treatment locations according to the planning or other locations permitted by the competent agency for treatment to ensure environmental hygiene according to regulations.

2. A fine ranging from VND 20,000,000 to VND 40,000,000 shall be imposed for treating and reusing sewage sludge in contravention of regulations on management and use of sewage sludge promulgated by competent state agencies and other relevant regulations on environmental protection.

3. In case the violation is related to discharging untreated sewage sludge into the environment or discharging sewage sludge that has been treated but does not meet current standards on discharge to the environment, or failure to manage according to regulations on waste management applicable to the sewage sludge with hazardous components or there is no appropriate solution to collect and treat sewage sludge when investing in the construction of a wastewater treatment plant, such administrative violation shall be sanctioned according to the Decree on handling of administrative violations in the field of environmental protection.

4. Remedial measures:

a) Forcible collection, storage and transport of sewage sludge to the treatment locations according to the planning or other locations permitted by the competent agency for treatment to ensure environmental hygiene according to regulations, for violations specified in Clause 1 of this Article;

b) Forcible implementation of measures for remediation of environmental pollution for treatment of environmental pollution, for violations prescribed in Clause 2 of this Article.

 

Section 2

VIOLATIONS AGAINST REGULATIONS ON MANAGEMENT OF LIGHTING, URBAN GREEN SPACES, CEMETERIES AND CREMATORIUMS

 

Article 53. Violations against regulations on management, operation and use of public lighting systems

1. A fine ranging from VND 5,000,000 to VND 10,000,000 shall be imposed on the units managing the operation of the public lighting systems in urban areas failing to send periodic reports to the urban authorities and agencies in charge of management and operation of their assigned public lighting systems in urban areas.

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

a) Failing to conduct periodic examination and assessment of lighting sources and public lighting system’s equipment in urban areas for timely proposing plans on repairing and replacing such equipment;

b) Failing to use lighting sources and lighting equipment that are granted with the certificate of energy-saving products or energy label by the competent agencies in accordance with law provisions when repairing, replacing or installing lighting sources and lighting equipment at construction works and urban lighting works funded by the state budget;

c) Failing to organize the public lighting in urban areas according to technical procedures on lighting, failing to ensure safety, electricity saving, fire and explosion prevention and the time for operating the urban public lighting system according to regulations.

3. Remedial measures:

a) Forcible compliance with reporting regime, for violations prescribed in Clause 1 of this Article;

b) Forcible use of lighting sources and lighting equipment that are granted with the certificate of energy-saving products or energy label by a competent agency in accordance with regulations, for violations specified at Point b Clause 2 of this Article;

c) Forcible organization of the public lighting in urban areas according to technical procedures on lighting, assurance of safety, electricity saving, fire and explosion prevention and the time for operating the urban public lighting system according to regulations, for violations specified at Point c Clause 2 of this Article.

Article 54. Violations against regulations on protection of green spaces, parks and flower gardens

1. A warning shall be imposed for any of the following acts of violation:

a) Cutting or driving nails into green trees, cutting tree branches, peeling tree bark, making mess around a tree foot;

b) Taking care of or cutting a tree contravention of the technical procedures.

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

a) Discharging hazardous substances or building materials into the foot of trees; cooking, burning the foot of trees, build a platform, a pedestal around the tree foot;

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

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

d) Preventing the planting of green trees in accordance with regulations;

dd) Failing to plant green trees in urban areas according to the technical process, proper types and standards of trees and ensure safety.

3. A fine ranging from VND 30,000,000 to VND 50,000,000 shall be imposed for arbitrarily cutting, moving, or digging the foot of trees in urban area or cutting tree roots inconsistently with regulations.

4. Remedial measures:

a) Forcible restoration to the original state, for violations prescribed at Point a, Point b, Point c Clause 2 of this Article;

b) Forcible planting of green trees in urban areas in accordance with the technical process, proper types and standards of trees, for violations specified at Point dd Clause 2 of this Article.

Article 55. Violations against regulations on construction, management and operation of cemeteries and crematoriums

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

a) Failing to have fences or strip of isolated trees according to the approved designs, for cemeteries in urban or rural residential areas;

b) Transferring single grave space without permission;

c) Compiling or archiving cemetery dossiers with insufficient contents according to regulations;

d) Failing to report or failing to fully and periodically make reports on the management and operation of cemetery as according to regulations;

dd) Failing to promulgate and publicize prices for using services of cemeteries and crematoriums according to current regulations;

e) Failing to store body ashes in the prescribed places or storing body ashes without approval from competent agencies.

2. A fine ranging from VND 20,000,000 to VND 40,000,000 shall be imposed for any of the following acts of violations:

a) Failing to ensure the safe distance between the cemetery or crematorium fences and the residential areas or public works in accordance with technical regulations on construction master plans as prescribed;

b) Failing to close the cemeteries when there is no space left, or there is environmental pollution;

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

3. A fine ranging from VND 40,000,000 to VND 60,000,000 shall be imposed on the unit in charge of managing and operating the crematorium committing one of the following acts of violation:

a) Failing to satisfy capacity requirements for operation as prescribed;

b) Appointing an unqualified person to operate the crematorium;

c) Failing to establish the procedure for management and operation of the crematorium or failing to follow the approved procedure for management and operation of the crematorium;

d) Failing to prepare logbook and keep cremation-related dossiers according to regulations;

dd) Failing to submit reports on operation of the crematorium to competent state agencies according to regulations.

4. A fine ranging from VND 60,000,000 to VND 80,000,000 shall be imposed on the investor for one of the following acts of violation:

a) Putting cemeteries or crematoriums into operation without fully satisfying conditions as prescribed;

b) Failing to ensure the prescribed distance between the crematorium which is located outside the cemetery and the residential area or public work.

5. Additional sanctions:

Suspension of operation from 09 months to 12 months, for violations specified at Point b Clause 2 and Point c Clause 4 of this Article.

6. Remedial measures:

a) Forcible construction of fences or strip of isolated trees according to the approved designs, for cemeteries in urban areas or rural residential areas, in case of committing violations specified at Point a Clause 1 of this Article, for under-construction works;

b) Forcible recovery of transferred single grave space according to regulations, for violations prescribed at Point b Clause 1 of this Article;

c) Forcible compilation and archive of cemetery dossiers with sufficient contents according to regulations, for violations specified at Point c Clause 1 of this Article;

d) Forcible making of reports on the management and operation of cemeteries in a sufficient and periodic manner according to regulations, for violations specified at Point d Clause 1 of this Article;

dd) Forcible promulgation and publication of prices for using services of cemeteries and crematoriums according to current regulations, for violations specified at Point dd Clause 1 of this Article;

e) Forcible storage of body ashes according to regulations, for violations prescribed at Point e Clause 1 of this Article;

g) Forcible closure of cemeteries according to regulations, for violations prescribed at Point b Clause 2 of this Article;

h) Forcible compliance with prescribed areas, for violations prescribed at Point c Clause 2 of this Article;

i) Forcible assurance of capacity requirements as prescribed, for violations specified at Point a, Point b Clause 3 of this Article;

k) Forcible establishment of the procedure for management and operation of the crematorium or forcible compliance with the approved procedure for management and operation of the crematorium, for violations specified at Point c Clause 3 of this Article;

l) Forcible making of books to monitor or archive dossiers of cremation cases in accordance with regulations, for violations specified at Point d Clause 3 of this Article;

m) Forcible reporting of operation of the crematoriums to the competent state agency in accordance with regulations, for violations specified at Point dd Clause 3 of this Article;

n) Forcible satisfaction of prescribed requirements, for violations prescribed at Point a Clause 4 of this Article;

o) Forcible assurance of prescribed distance between the crematorium located outside the cemetery and residential area or public work, for violations specified at Point b Clause 4 of this Article.

 

Section 3

VIOLATIONS AGAINST REGULATIONS ON MANAGEMENT AND USE OF UNDERGROUND FACILITIES AND MANAGEMENT, SHARING OF TECHNICAL INFRASTRUCTURE

 

Article 56. Violations against regulations on management and use of urban underground facilities

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

a) The project owner fails to notify the plan and schedule of the work connection to the agency or unit for agreement according to regulations before executing the work connection;

b) The construction contractors fail to notify the project owners or use managers and design agencies for promptly taking measures.

2. A fine ranging from VND 40,000,000 to VND 60,000,000 shall be imposed for any of the following acts of violations:

a) Technical connection or spatial connection without ensuring prescribed requirements;

b) The project owner of underground facilities fails to reach an agreement with units managing the operation of technical infrastructure works or urban or project owner or use manager which are spatially connected upon designing and building underground facilities (if any);

c) Failing to conduct geotechnical observation according to regulations during the construction, exploitation and use of underground facilities, for project owners or use managers;

d) Using the utility trench and tunnel system without licenses or for improper purposes;

dd) Committing violations against regulations on management, exploitation, use and maintenance of underground facilities.

3. A fine ranging from VND 60,000,000 to VND 80,000,000 shall be imposed for any of the following acts of violations:

a) The project owner of new urban or residential housing projects fails to build a culvert, technical tank or utility trench, tunnel according to the approved planning;

b) Violating the safety corridor and scope of protecting underground facilities.

4. Remedial measures:

a) Forcible notification of the connection plan and schedule to the agency or unit for agreement as prescribed, for violations specified at Point a Clause 1 of this Article;

b) Forcible restoration to the original state, for violations prescribed at Point b Clause 2 and Point b Clause 3 of this Article;

c) Forcible agreement with units managing the operation of technical infrastructure works of urban or owner or use manager which are connected spatially (if any), for violations at Point b Clause 2 of this Article;

d) Forcible performance of geotechnical observation according to regulations, for violations prescribed at Point c Clause 2 of this Article;

dd) Forcible use of the utility trench and tunnel system with a license or for a proper purpose, for violations specified at Point d Clause 2 of this Article;

e) Forcible observance of regulations on management, exploitation, use and maintenance of underground facilities, for violations specified at Point dd Clause 2 of this Article;

g) Forcible construction of works according to regulations by the owner of new urban or residential housing projects, for violations specified at Point a Clause 3 of this Article.

Article 57. Violations against regulations on management and common use of technical infrastructure works

1. A fine ranging from VND 20,000,000 to VND 40,000,000 shall be imposed for any of the following acts of violations:

a) Obstructing the installation, operation, maintenance or upgrade to equipment as regulated by law;

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

2. A fine ranging from VND 40,000,000 to VND 60,000,000 shall be imposed for any of the acts of installing, managing, operating telecommunication or electrical cables and wires, public lighting system, water supply and drainage systems, energy supply system or other equipment on shared technical infrastructure works in contravention of regulations.

3. A fine ranging from to from VND 60,000,000 to VND 80,000,000 shall be imposed for the act of constructing technical infrastructure works for common use inconsistently with the urban planning, without the building permit or inconsistently with the issued building permit.

4. Remedial measures:

a) Forcible compliance with regulations on installation, operation, maintenance or upgrade to equipment, for violations prescribed at Point a, Clause 1 of this Article;

b) Forcible compliance with regulations on management, operation and maintenance of shared technical infrastructure works, for violations prescribed at Point b, Clause 1 of this Article;

c) Forcible compliance with regulations on installation, management and operation of telecommunication or electrical cables and wires, public lighting system, water supply and drainage systems, energy supply system or other equipment on shared technical infrastructure works, for violations prescribed in Clause 2 of this Article;

d) Forcible demolition of the work or work items built inconsistently with regulations, for violations prescribed in Clause 3 of this Article.

 

Chapter V

ADMINISTRATIVE VIOLATIONS, SANCTIONING FORMS AND REMEDIAL MEASURES IN REAL ESTATE BUSINESS, HOUSING DEVELOPMENT AND MANAGEMENT

 

Section 1

VIOLATIONS AGAINST REGULATIONS ON REAL ESTATE BUSINESS

 

Article 58. Violations against regulations on real estate business

1. A fine ranging from VND 100,000,000 to VND 120,000,000 shall be imposed for any of the following acts of violations:

a) Failing to establish an enterprise or cooperative to conduct real estate business as regulated by law;

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

c) Failing to make contracts for real estate business in writing or Failing to specify all required main contents in contracts for real estate business as defined;

d) Failing to provide information about construction investment schedules or the use of advances upon request; failing to facilitate the buyers or the tenants to conduct physical inspection of the construction schedules and work quality as regulated by law;

dd) Collecting charges relating to the transfer of real estate inconsistently with regulations.

2. A fine ranging from VND 120,000,000 to VND 160,000,000 shall be imposed for any of the following acts of violations committed by project owners or house or construction work owners:

a) Entering into a contract for sale or lease purchase of a house or a construction work which is not enclosed with land use rights of such house or construction work;

b) Failing to notify the buyer of restrictions on ownership of the house or construction work (if any).

3. A fine ranging from VND 400,000,000 to VND 600,000,000 shall be imposed for any of the following acts of violations:

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

b) Failing to trade real estate within the licensed scope of business as regulated by law;

c) Failing to ensure construction schedule of the real estate trading project or the housing construction project as approved by competent authority;

d) Selling or lease-purchasing off-plan houses without a qualified commercial bank’s guarantee contract on financial obligations for clients of the project owner when the project owner fails to hand over houses according to schedule committed to clients or with the guarantee contract containing incorrect or incomplete contents as regulated by law;

dd) Collecting payments from buyer or tenant of off-plan real estate inconsistently with the project schedule as agreed by the parties; or in excess of the prescribed percentage of the contract value as regulated by law;

e) Authorizing or assigning a party to an investment cooperation, joint venture, partnership, business cooperation or the capital contributor to sign contracts for sale, transfer or lease purchase of real estate;

g) Refusing to make certification without legitimate reasons or making certification with incorrect contents on the written agreement for transfer of the contract for sale or lease purchase of the off-plan real estate as regulated by law;

h) Transferring the contract for lease purchase of an existing house or construction work, or transferring the contract for sale or lease purchase of off-plan houses inconsistently with regulations;

i) Failing to comply with regulations on prices for sale, transfer, lease and lease purchase of real estate (if any);

k) For the acts of Failing to carry out procedures for issuance of certificates of land use rights and ownership of houses and other land-attached assets to the buyer or tenant, or failing to provide relevant documents, papers to the buyer or tenant as regulated by law, the sanctioning of administrative violations shall comply with the Decree on sanctioning of administrative violations in the field of land.

4. A fine ranging from VND 800,000,000 to VND 1,000,000,000 shall be imposed for any of the following acts of violations committed by project owners of real estate business projects:

a) Failing to comply with procedures for transferring the whole or part of projects;

b) Failing to satisfy all requirements or conditions as specified when transferring the whole or part of projects;

c) For the acts of transferring the whole or part of projects without available certificates of land use rights, or in cases the land use rights are in dispute or are distrained to secure judgment enforcement, or the transferee is not a real estate business enterprise or is financially incapable as regulated, the sanctioning shall comply with the Government’s Decree on sanctioning of administrative violations in the field of land;

d) Handing over houses and construction works to clients before completing the construction of houses or construction works and technical and social infrastructure facilities according to the approved project schedule, or not ensuring the connection with the region’s common infrastructure system, before completing the outer part of such houses or construction works (for cases of handing over rough framing houses or construction works), before completing the acceptance or before having a competent agency’s written approval of acceptance results to put the houses and social infrastructure works into use as regulated by law;

dd) Raising capital in contravention of regulations;

e) Using capital raised from organizations and individuals and advances made by buyers, lessees or tenants of off-plan real estate in contravention of commitments.

5. Additional sanctions: Suspension of real estate business operations from 03 months to 06 months, for the acts of violation of projects specified at Points a, b and e, Clause 3 of this Article.

6. Remedial measures:

a) Forcible full and accurate disclosure of information as regulated by law, for the acts of violation prescribed at Point b, Clause 1 of this Article;

b) Forcible making of contracts as regulated by law, for the acts of violation prescribed at Point c, Clause 1 of this Article;

c) Forcible provision of information about construction investment schedules or the use of advances upon request; forcible facilitation of the buyers or the tenants’ physical inspection of the construction schedules at construction works as regulated by law, for the acts of violation prescribed at Point d, Clause 1 of this Article;

d) Forcible refund of charges relating to the transfer of real estate inconsistently with regulations, for the acts of violation prescribed at Point dd, Clause 1 of this Article;

dd) Forcible making of contracts for sale or lease purchase of houses or construction works enclosed with their land use rights, for the acts of violation prescribed at Point a, Clause 2 of this Article;

e) Forcible notification to relevant parties of restrictions related to the ownership of houses or construction works (if any), for the acts of violation prescribed at Point b, Clause 2 of this Article;

g) Forcible real estate business within the scope of business as specified, for the acts of violations prescribed at Point b, Clause 3 of this Article;

h) Forcible making of guarantee contracts on financial obligations of the project owners in accordance with regulations, for the acts of violations prescribed at Point d, Clause 3 of this Article;

i) Forcible collection of payments from buyers or tenants of off-plan real estate according to the project schedule; or forcible refunding of the excess of the contract value, for the acts of violations prescribed at Point dd, Clause 3 of this Article;

k) Forcible certification in accordance with regulations, for the acts of violations prescribed at Point g, Clause 3 of this Article;

l) Forcible transfer of contracts in accordance with regulations, for the acts of violations prescribed at Point h, Clause 3 of this Article;

m) Forcible compliance with regulations on prices for sale, transfer, lease and lease purchase of real estate and refunding of the collected excess (if any), for the acts of violations prescribed at Point i, Clause 3 of this Article;

n) Forcible transfer of the whole or part of projects in accordance with regulations, for the acts of violations prescribed at Points a and b, Clause 4 of this Article;

o) Forcible suspension of handing over houses and construction works, completion of the construction, or forcible completion of the acceptance or possession of a competent state agency’s written approval of acceptance results in accordance with regulations, for the acts of violations prescribed at Point d, Clause 4 of this Article;

p) Forcible refunding of the capital raised in contravention of regulations, for the acts of violations prescribed at Point dd, Clause 4 of this Article;

q) Forcible use of capital raised in accordance with of commitments, for the acts of violations prescribed at Point e, Clause 4 of this Article.

Article 59. Violations against regulations on provision of real estate services

1. A fine ranging from VND 40,000,000 to VND 60,000,000 shall be imposed for any of the following acts of violations:

a) Failing to obtain practicing certificate or using an expired practicing certificate to provide independent real estate brokerage services;

b) Erasing, falsifying a real estate brokerage practicing certificate, thus falsifying its contents;

c) Lending, leasing or renting, borrowing a real estate brokerage practicing certificate to perform real estate brokerage activities;

d) An organization or individual providing real estate brokerage services that concurrently acts as broker and a contract performer in the same real estate business transaction.

2. A fine ranging from VND 120,000,000 to VND 160,000,000 shall be imposed for any of the following acts of violations:

a) Failing to establish an enterprise to provide real estate services as regulated by law or failing to employ enough employees who have real estate brokerage practicing certificates as regulated by law or employing persons whose practicing certificates have expired;

b) Failing to make contracts for provision of real estate services in writing or failing to specify all required main contents in the contracts for provision of real estate services in accordance with regulations;

c) Failing to comply with reporting regime applicable to enterprises providing real estate brokerage service or real estate trading floor service, or individuals providing independent real estate brokerage services;

d) A real estate trading floor does not have operation regulations, or fails to comply with its operation regulations approved by a competent agency or operates without its own name and address as defined, or has changed its own name and address but does not notify the competent agency in accordance with regulations;

dd) Collecting charges of provision of real estate services other than the ones prescribed by law.

3. A fine ranging from VND 200,000,000 to VND 250,000,000 shall be imposed for any of the following acts of violations:

a) Putting the real estate which fails to satisfy the conditions as specified by regulations on real estate trading floors;

b) Failing to provide documents and information or provision of insufficient and untruthful documents and information about the real estate to be traded through brokerage service.

4. Additional sanctions:

a) Deprivation of the right to use the practicing certificate from 03 months to 06 months, for the acts of violations specified at Point c, Clause 1 of this Article;

b) Suspension of provision of real estate trading floor services for 06 months to 09 months, for the acts of violations specified at Point a Clause 2, Point a Clause 3 of this Article.

5. Remedial measures:

a) Forcible possession of practicing certificates, for the acts of violations prescribed at Point a, Clause 1 of this Article;

b) Forcible return of the erased or corrected practicing certificates to the competent agency that has issued such practicing certificate, for the acts of violations prescribed at Point b, Clause 1 of this Article;

c) Forcible establishment of enterprises to provide real estate services as regulated by law or forcible employment of enough employees who have real estate brokerage practicing certificates as regulated by law, for the acts of violations prescribed at Point a, Clause 2 of this Article;

d) Forcible making of written contracts for provision of real estate services or making of the one specifying all required main contents in accordance with regulations, for the acts of violations prescribed at Point b, Clause 2 of this Article;

dd) Forcible performance of reporting regime in accordance with regulations, for the acts of violations prescribed at Point c, Clause 2 of this Article;

e) Forcible refund of charges of provision of real estate services as specified, for the acts of violation prescribed at Point dd, Clause 2 of this Article;

g) Forcible provision of information related to the real estate in accordance with regulations, for the acts of violation prescribed at Point b, Clause 3 of this Article.

Article 60. Violations against regulations on management, use and declaration of housing and real estate market information

1. A fine ranging from VND 60,000,000 to VND 80,000,000 shall be imposed for any of the following acts of violations:

a) Failing to provide or inaccurately or insufficiently provide real estate market information and data or delaying provision of real estate market information and data to the agency in charge of managing the housing and real estate market information system as regulated by law;

b) Failing to obtain an approval from the agency in charge of managing the housing and real estate market information system as regulated by law before providing the third party with housing and real estate market data provided by a competent state agency;

c) Failing to clarify, explain and correct their real estate market information upon the request of the agency in charge of managing the housing and real estate market information system;

d) Falsifying, causing damage or loss of housing and real estate market data and information system in the national and local housing databases and information systems as regulated by law;

dd) Illegally obtaining or destroying housing and real estate market data and information in the national and local housing databases and information systems as regulated by law;

e) Obstructing the lawful exploitation and use of housing and real estate market data and information in the national and local housing databases and information systems as regulated by law;

g) Failing to timely notify errors of information and data provided to the agency in charge of managing the housing and real estate market information system.

2. Remedial measures:

a) Forcible provision of sufficient and accurate real estate market data and information to the agency in charge of managing the housing and real estate market information system, for the acts of violations prescribed at Point a, Clause 1 of this Article;

b) Forcible clarification, explanation and correction of information related to the real estate market in accordance with regulations, for the acts of violation prescribed at Point c, Clause 1 of this Article.

c) Forcible adjustment of housing and real estate market data and information system in accordance with regulations, for the acts of violation prescribed at Point d, Clause 1 of this Article;

d) Forcible refund or restoration of housing and real estate market data and information as specified, for the acts of violation prescribed at Point dd, Clause 1 of this Article;

dd) Forcible compliance with regulations on exploitation and use of housing and real estate market data and information, for the acts of violation prescribed at Point e, Clause 1 of this Article;

e) Forcible notification of errors of information and data provided in accordance with regulations, for the acts of violation prescribed at Point g, Clause 1 of this Article.

Article 61. Violations against regulations on training and retraining of knowledge of real estate brokerage practice, administration of real estate trading floors

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

a) Failing to follow sample certificate of completion of training course as specified;

b) Failing to send the information about training institution to the Ministry of Construction and provincial-level Department of Construction of the locality where such training institution’s head office is located for posting on their websites as regulated by law;

c) Failing to send the information about the real estate trading floor to Ministry of Construction and provincial-level Department of Construction of the locality where such real estate trading floor’s head office is located for posting on their websites as regulated by law;

d) Failing to keep training documents or dossiers related to each examination as regulated by law.

2. A fine ranging from VND 20,000,000 to VND 40,000,000 shall be imposed for any of the following acts of violations:

a) Failing to organize examination, evaluation or classification of training results for learners as regulated by law;

b) Using exam questions in the examination for real estate brokerage practicing certificates without obtaining the approval for such exam questions as regulated by law;

c) Giving permission to an unqualified examinee to attend the examination for real estate brokerage practicing certificates.

3. A fine ranging from VND 60,000,000 to VND 80,000,000 shall be imposed for any of the following acts of violations:

a) Using teaching materials inconsistently with the framework program as regulated by law;

b) Granting certificates to learners despite of failing to ensure teaching time and training programs as regulated.

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

a) Using examination expenses inconsistently with regulations;

b) Failing to properly manage exam questions or keep them from revelation.

5. Remedial measures:

a) Forcible sending of the information about the real estate trading floor to Ministry of Construction and provincial-level Department of Construction of the locality, for the acts of violation prescribed at Point c, Clause 1 of this Article;

b) Forcible storage of training documents or dossiers related to each examination as regulated by law, for the acts of violation prescribed at Point d, Clause 1 of this Article;

c) Forcible approval of exam questions in accordance with regulations and re-examination if the quality of exam questions already used is not ensured, for the acts of violation prescribed at Point b, Clause 2 of this Article;

d) Forcible request for candidates’ supplementation of full conditions as specified. Forcible cancellation of certificates in case the conditions cannot be fully supplemented as prescribed, for the acts of violation prescribed at Point c, Clause 2 of this Article;

dd) Forcible using of teaching materials in conformity with the framework program as regulated by law, for the acts of violation prescribed at Point a, Clause 3 of this Article;

e) Forcible cancellation of certificates, retraining and re-grant of certificates without collection of additional tuition fees, for the acts of violation prescribed at Point b, Clause 3 of this Article.

Article 62. Violations against regulations on training in management and operation of condominiums

1. A fine ranging from VND 20,000,000 to VND 40,000,000 shall be imposed for the act of failing to follow the sample certificate of completion of training course in management and operation of condominiums.

2. Remedial measures: Forcible cancellation of granted certificates and re-grant of certificates in compliance with the sample certificate specified, for the acts of violations specified in Clause 1 of this Article.

 

Section 2

VIOLATIONS AGAINST REGULATIONS ON HOUSING DEVELOPMENT AND MANAGEMENT

 

Article 63. Violations against regulations on housing development

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

a) Reporting or providing housing information inaccurately, untruthfully, not in accordance with regulations or not at the request of competent state agencies, or failing to report on housing construction project implementation and results to competent agencies as regulated by law;

b) Naming or changing name of a housing construction project or names of areas in a housing construction project in contravention of regulations or without a decision from a competent agency.

2. A fine ranging from VND 100,000,000 to VND 120,000,000 shall be imposed for any of the following acts of violations committed by project owners:

a) Adjusting one of the following contents: implementation schedules, types of house to be constructed, total construction floor areas, total number of houses, proportions of types of house and total investment, for housing construction investment projects using public investment capital, state capital other than public investment capital, PPP projects before the adjustment is decided by competent agencies;

b) Failing to prioritize arrangement of commercial houses in their projects for people whose houses are cleared need to resettle on the spot as regulated by law;

c) Failing to construct houses for resettlement in the area planned for construction of houses for workers of industrial parks or arrange houses in other areas for people whose houses are cleared have the resettlement need when implementing industrial park infrastructure projects;

d) Failing to arrange production land fund for resettled people in housing construction investment projects for resettlement in rural areas;

dd) Deliberately changing standards and regulations on construction of houses for resettlement and auxiliary work (if any) of projects after competent agencies have approved resettlement plans;

e) Failing to provide enough land areas for construction of social houses for lease as regulated by law (for social housing construction projects not located in areas where the formulation of projects on construction of social housing for lease is not mandatory);

g) Failing to pay a guarantee for housing transactions in accordance with the law on real estate business;

h) Failing to comply with standards and regulations on construction and area standards of social houses upon the design and construction of social houses;

i) Using the area and equipment of houses for purposes other than the one accepted and approved by competent agencies.

3. A fine ranging from VND 120,000,000 to VND 160,000,000 shall be imposed for the project owners’ acts of delaying to investment in construction of social houses on the land fund for development of social houses in commercial house and urban area construction investment projects in accordance with regulations.

4. A fine ranging from VND 160,000,000 to VND 200,000,000 shall be imposed for the project owners’ acts of failing to invest in construction of social houses on the land fund for development of social houses in commercial house and urban area construction investment projects in accordance with regulations.

5. A fine ranging from VND 260,000,000 to VND 300,000,000 shall be imposed for the project owners’ acts of failing to reserve residential land areas in their projects in which a technical infrastructure system has been built for construction of social houses, for commercial house and urban area construction investment projects in accordance with regulations.

6. Remedial measures:

a) Forcible submission of reports on project implementation to competent agencies as regulated by law, for the acts of violations prescribed at Point a, Clause 1 of this Article;

b) Forcible naming or change of project’s name or names of regions in projects in accordance with regulations, for the acts of violations prescribed at Point b, Clause 1 of this Article;

c) Forcible cancellation of modification results, for the acts of violations prescribed at Point a, Clause 2 of this Article;

d) Forcible prioritization of arrangement of commercial houses as specified, for the acts of violations prescribed at Point b, Clause 2 of this Article;

dd) Forcible construction of houses for resettlement in accordance with regulations, for the acts of violations prescribed at Point c, Clause 2 of this Article;

e) Forcible arrangement of production land fund in accordance with regulations for the acts of violations prescribed at Point d, Clause 2 of this Article;

g) Forcible construction of houses for resettlement and auxiliary work (if any) in accordance with standards and regulations on construction, for the acts of violations prescribed at Point dd, Clause 2 of this Article, for works of which the construction has not been commenced or which are under construction;

h) Forcible reserve of enough land areas for construction of social houses, for the acts of violations prescribed at Point e, Clause 2 of this Article;

i) Forcible payment of the guarantee for housing transaction in accordance with law regulations, for the acts of violations prescribed at Point g, Clause 2 of this Article;

k) Forcible compliance with designs approved by a competent state agency, standards and regulations on construction and areas for construction of social houses as specified, for the acts of violations prescribed at Point h, Clause 2 of this Article, for works of which the construction has not been commenced or which are under construction;

l) Forcible construction commencement of social houses within 30 days from the date of issuing the decision on sanctioning of administrative violations, for the acts of violations prescribed in Clause 3 of this Article;

m) Forcible implementation of investment in construction of social houses, for the acts of violations prescribed in Clause 4 of this Article;

n) Forcible reserve of land fund for development of social houses, for the acts of violations prescribed in Clause 5 of this Article.

Article 64. Violations against regulations on management of housing transactions

1. A fine ranging from VND 40,000,000 to VND 60,000,000 shall be imposed for any of the following acts of violations:

a) Carry out sale, lease or lease purchase of state-owned houses ultra vires, or to an ineligible subject or without satisfaction of the conditions as specified;

b) Conducting sale, lease or lease purchase of social houses to an ineligible subject as specified;

c) Conducting sale, lease or lease purchase of social houses without satisfaction of the conditions as prescribed.

2. A fine ranging from VND 100,000,000 to VND 120,000,000 shall be imposed for any of the following acts of violations:

a) State-owned house lessees or tenants’ exchange, sale or sub-lease of state-owned house without the approval by a competent agency as regulated by law;

b) Social house lessees or tenants or buyers’ sale, sub-lease or borrowing of social houses during the lease or lease-purchase period, or resale of social houses in contravention of regulations.

3. The sanctioning imposed for acts of violations against housing regulations with foreign elements shall be as follows:

a) A fine ranging from VND 20,000,000 to VND 40,000,000 shall be imposed for the acts of violations of leasing houses without sending a written notification to the housing management agencies of districts where the leased houses are located;

b) A fine ranging from VND 60,000,000 to VND 80,000,000 shall be imposed for the acts of violations of failing to make payments for purchase or lease purchase of houses through a credit institution which legally operates in Vietnam;

c) A fine ranging from VND 160,000,000 to VND 200,000,000 shall be imposed for the acts of violations of using their houses for lease, as working offices or for other non-residential purposes.

4. A fine ranging from VND 200,000,000 to VND 260,000,000 shall be imposed on project owners of social house construction investment projects for the acts of violations of concluding a lease agreement of off-plan social houses in contravention of regulations (unless otherwise regulated by law).

5. A fine ranging from VND 260,000,000 to VND 300,000,000 shall be imposed on project owners for any of the following acts of violations against regulations on sale of houses to foreign organizations and individuals:

a) Selling a quantity of houses greater than the allowable one to foreign organizations and individuals;

b) Selling houses in a region where foreign organizations and individuals are not allowed to own houses;

c) Failing to sending information about houses sold to foreign organizations and individuals (via email and in writing) for publishing on the website of provincial-level Departments of Construction.

6. Remedial measures:

a) Forcible recall of state-owned houses that have been sold or leased or lease-purchased ultra vires, or to ineligible subjects or without satisfaction of the conditions as specified, for the acts of violations prescribed at Point a, Clause 1 of this Article;

b) Forcible recovery of social houses and forcible refund of money amounts of purchase, lease or lease purchase of social houses, for the acts of violations prescribed at Points b and c, Clause 1 of this Article;

c) Forcible recovery of state-owned houses of which the use purposes are changed or which are sold or sub-leased without the approval by a competent agency as regulated by law, for the acts of violations prescribed at Point a, Clause 2 of this Article;

d) Forcible recovery of social houses, for the acts of violation prescribed at Point b, Clause 2 of this Article;

dd) Forcible recovery of payments which have been made not through credit institutions legally operating in Vietnam, for the acts of violation prescribed at Point b, Clause 3 of this Article;

e) Forcible cancellation of the lease of the lessor, for the acts of violation prescribed at Point c, Clause 3 of this Article;

g) Forcible recovery of houses sold to foreign buyers, refund of the whole expenses paid by the buyers and payment for compensation for damage of the buyers, for the acts of violations prescribed at Points a and b, Clause 5 of this Article.

 

Section 3

VIOLATIONS AGAINST REGULATIONS ON HOUSING MANAGEMENT AND USE

 

Article 65. Violations against regulations on management and use of official-duty houses, state-owned houses and social houses

1. A fine ranging from VND 80,000,000 to VND 100,000,000 shall be imposed on lessees and tenants of state-owned houses, lessees of social houses for any of the following acts of violations:

a) Deliberately destroying, extending, renovating or demolishing houses;

b) Using houses for purposes other than those specified in the contract for lease of houses.

2. A fine ranging from VND 100,000,000 to VND 120,000,000 shall be imposed on lessees of official-duty houses for any of the following acts of violations:

a) Failing to use the houses for living and serving daily life of the lessees and their family members during the lease period;

b) Deliberately renovating, repairing or demolishing the official-duty houses;

c) Sub-leasing or authorizing other persons to manage official-duty houses;

d) Failing to return the official-duty houses to the State when being no longer eligible subjects to lease such houses as regulated by law.

3. Remedial measures:

a) Forcible restoration of the original state, for the acts of violations prescribed at Point a, Clause 1 and Point b, Clause 2 of this Article;

b) Forcible use of the house for the right purpose, for the acts of violations prescribed at Point b, Clause 1 and Point a, Clause 2 of this Article;

c) Forcible recall of official-duty houses, for the acts of violations prescribed at Points c and d, Clause 2 of this Article.

Article 66. Violations against regulations on management and use of villas

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

a) Changing one of the following elements of group-1 villas: Exterior architecture, interior structure, building density, number of storeys or height;

b) Changing exterior architecture of a group-2 villa.

2. Remedial measures: Forcible restoration of the original state, for the acts of violations prescribed in Clause 1 of this Article.

Article 67. Violations against regulations on management and use of condominium applicable to project owners

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

a) Engaging in discotheque business;

b) Failing to open or opening an account of expenses for maintenance of parts under common ownership of condominium in contravention with regulations;

c) Failing to submit or delay submission of a written request to the commune-level People's Committee to organize a condominium meeting in case the first condominium meeting has been held but has not enough attendees as prescribed;

d) Failing to submit a written notice or submitting a written notice with incomplete information on the account name and number, name of the credit institution where the account is opened and the deposit term of maintenance expenses to the provincial-level Department of Construction of the locality where the project is located;

dd) Failing to make annual maintenance plan or making annual maintenance plan on contravention of regulations;

e) Failing to send a written notice to the provincial-level Department of Construction of the locality where the condominium is located for monitoring after fully handing over maintenance expenses to the management board of the condominium.

2. A fine ranging from VND 160,000,000 to VND 200,000,000 shall be imposed for any of the following acts of violations:

a) Doing wrong calculation of expenses for maintenance of parts under common ownership of condominium in comparison with the one specified by law regulations;

b) Failing to clearly state the information about the account of expenses for maintenance of parts under common ownership of condominium as prescribed in contracts of purchase, lease purchase of apartments, or other areas of condominium;

c) Failing to deposit or delay depositing expenses for maintenance of parts under common ownership of condominium in the form of term deposits at a credit institution operating in the locality where the purchased or leased house is located;

d) Failing to close the account of maintenance expenses after fully handing over the maintenance expenses to the management board of the condominium;

dd) Failing to ensure the publicity and transparency in the use of operation management expenses and expenses for maintenance of parts under common ownership of the condominium as specified;

e) Failing to hand over, delaying the handover of, insufficiently handing over or handing over to improper receiving subject expenses for maintenance of parts under common ownership of condominium and deposit interests as regulated;

g) Failing to select a condominium operation management unit fully meeting the function and capacity conditions as specified;

h) Selling or leasing car parking of the condominium in contravention of regulations.

3. A fine ranging from VND 200,000,000 to VND 260,000,000 shall be imposed for any of the following acts of violations committed by project owners:

a) Failing to allocate an area in the condominium to use as the place for community activities in accordance with standards and regulations as specified;

b) Managing and using expenditure for managing condominiums in contravention of regulations;

c) Failing to organize the first condominium meeting in accordance with regulations;

d) Failing to make a record of finalization of the maintenance expense figures as prescribed.

4. A fine ranging from VND 260,000,000 to VND 300,000,000 shall be imposed for any of the following acts of violations:

a) Deliberately changing functions and use purposes of parts under common ownership or use of condominium or deliberately changing functions and use purposes of the non-residential area in the multi-purpose condominium;

b) Applying the method of calculation of apartment area or other area under private ownership in the condominium inconsistently with regulations;

c) Failing to pay or insufficiently paying the expenses for maintenance of parts under common ownership of condominium to the account set up in accordance with regulations, for the apartment area and other areas that the project owner does not sell or has not yet sold or leased by the time of handing over and putting the condominium into use;

d) Failing to hand over or failing to fully hand over or delaying the handover of condominium dossiers to the management board of the condominium in accordance with regulations;

dd) Using maintenance expenses in contravention of regulations.

5. Remedial measures:

a) Forcible doing business in accordance with regulations, for the acts of violations prescribed at Point a, Clause 1 of this Article;

b) Forcible opening of an account of expenses for maintenance of parts under common ownership of condominium in accordance with regulations, for the acts of violations prescribed at Point b, Clause 1 of this Article;

c) Forcible submission of a written request for reorganization of condominium meeting to the commune-level People's Committee in accordance with regulations, for the acts of violations prescribed at Point c, Clause 1 of this Article;

d) Forcible submission of a written notice on the opening of account of maintenance expenses with complete information as specified to the provincial-level Department of Construction, for the acts of violations prescribed at Point d, Clause 1 of this Article;

dd) Forcible making of annual maintenance plan as regulated by law, for the acts of violation prescribed at Point dd, Clause 1 of this Article;

e) Forcible submission of a written notice to the provincial-level Department of Construction of the locality where the condominium is located for monitoring after fully handing over maintenance expenses to the management board of the condominium, for the acts of violations prescribed at Point e, Clause 1 of this Article;

g) Forcible calculation of expenses for maintenance of parts under common ownership of condominium in accordance with regulations, for the acts of violations prescribed at Point a, Clause 2 of this Article;

h) Forcible stating of the information about account of expenses for maintenance of parts under common ownership of condominium in the contracts in accordance with regulations, for the acts of violations prescribed at Point b, Clause 2 of this Article;

i) Forcible sending of expenses for maintenance of parts under common ownership of condominium in accordance with regulations, for the acts of violations prescribed at Point c, Clause 2 of this Article;

k) Forcible closing of the account of maintenance expenses in accordance with regulations, for the acts of violations prescribed at Point d, Clause 2 of this Article;

l) Forcible ensuring of the publicity and transparency in the use of operation management expenses and expenses for maintenance of parts under common ownership of the condominium, for the acts of violations prescribed at Point dd, Clause 2 of this Article;

m) Forcible handover of expenses for maintenance of parts under common ownership of the condominium, for the acts of violations prescribed at Point e, Clause 2 of this Article;

n) Forcible choosing of a qualified condominium operation management unit fully meeting the conditions as specified, for the acts of violations prescribed at Point g, Clause 2 of this Article;

o) Forcible compliance with regulations on sale or lease of car parking of the condominium, for the acts of violations prescribed at Point h, Clause 2 of this Article;

p) Forcible allocation of an area to use as the place for community activities in accordance with standards and regulations as specified, for the acts of violations prescribed at Point a, Clause 3 of this Article;

q) Forcible compliance with regulations on management and use of operation management expenses of the condominium, for the acts of violations prescribed at Point b, Clause 3 of this Article;

r) Forcible organization of first condominium meeting in accordance with regulations, for the acts of violations prescribed at Point c, Clause 3 of this Article;

s) Forcible making of a record of finalization of the maintenance expense figures as prescribed, for the acts of violations prescribed at Point d, Clause 3 of this Article;

t) Forcible restoration of initial state or forcible demolition of the work or work items built in contravention of regulations, for the acts of violations prescribed at Point a, Clause 4 of this Article;

u) Forcible comply with regulations on method of calculation of apartment area or other area under private ownership in the condominium, for the acts of violations prescribed at Point b, Clause 4 of this Article;

v) Forcible full payment for expenses for maintenance of parts under common ownership of condominium to the account set up, for the acts of violations prescribed at Point c, Clause 4 of this Article;

x) Forcible sufficient handover or on-time handover of condominium dossiers to the management board of the condominium, for the acts of violations prescribed at Point d, Clause 4 of this Article;

y) Forcible use of maintenance expenses in accordance with regulations, for the acts of violations prescribed at Point dd, Clause 4 of this Article.

Article 68. Violations against regulations on management and use of condominium applicable to condominium operation management units

1. A fine ranging from VND 60,000,000 to VND 80,000,000 shall be imposed for any of the following acts of violations:

a) Making a contract for condominium management and operation services in contravention of regulations;

b) Failing to publicly report on the operation management of the condominium to the management board of the condominium as specified or at the request of a competent agency;

c) Failing to report on the condominium operation management at the condominium meeting; failing to collect users’ opinions on the provision of condominium operation management services in accordance with regulations.

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

a) Performing the operation management of the condominium but being unqualified for capacity, function, operation management of the condominium;

b) Failing to establish all professional divisions in charge of operation management of the condominium as specified;

c) Employing persons who do not possess certificates of completion of training course in condominium operation management professional knowledge to perform the professional tasks as specified;

d) Managing and using operation management expenses in contravention of regulations;

dd) Carrying out the maintenance of parts under the common ownership of the condominium according to the maintenance contract without being qualified for maintenance in accordance with regulations.

3. Remedial measures:

a) Forcible making of a contract for condominium management and operation services in accordance with regulations, for the acts of violation prescribed at Point a, Clause 1 of this Article;

b) Forcible public reporting of the condominium operation management to the management board of the condominium or at the request of the competent agency in accordance with regulations, for the acts of violations prescribed at Point b, Clause 1 of this Article;

c) Forcible reporting on the condominium operation management at the condominium meeting; or forcible collection of users’ opinions on the provision of condominium operation management services in accordance with regulations, for the acts of violations prescribed at Point c, Clause 1 of this Article;

d) Forcible satisfaction of conditions of capacity, function, operation management of the condominium, for the acts of violations prescribed at Point a, Clause 2 of this Article;

dd) Forcible establishment of all professional divisions in charge of operation management of the condominium in accordance with regulations, for the acts of violations prescribed at Point b, Clause 2 of this Article;

e) Forcible employment of persons possessing certificates of completion of training course in condominium operation management professional knowledge as specified, for the acts of violations prescribed at Point c, Clause 2 of this Article;

g) Forcible management and use of operation management expenses in accordance with regulations, for the acts of violations prescribed at Point d, Clause 2 of this Article.

h) Forcible ensuring of the maintenance capacity when performing maintenance of parts under the common ownership of the condominium, for the acts of violations prescribed at Point dd, Clause 2 of this Article.

Article 69. Violations against regulations on management and use of condominiums applicable to management boards of condominiums

1. A fine ranging from VND 60,000,000 to VND 80,000,000 shall be imposed for any of the following acts of violations:

a) Failing to send a written request for handover of the condominium dossiers to the project owner in accordance with regulations;

b) Delaying submitting or failing to submit a document proposing to the district-level People's Committee to request the investor to hand over the condominium dossiers in case the project owner fails to implement the handover as prescribed;

c) Failing to send the project owner a written request for transfer of maintenance expenses as prescribed;

d) Failing to submit the provincial-level People's Committee of the locality where the condominium is located a written request to coerce the project owner to hand over the expenses for maintenance of parts under common ownership in accordance with regulations;

dd) Receiving the expenses for maintenance of parts under common ownership of condominium via the handover without a record of finalization of the maintenance expense figures as prescribed;

e) Failing to hand over the dossiers, books and documents under the management to the new management board in accordance with regulations.

2. A fine ranging from VND 100,000,000 to VND 120,000,000 shall be imposed for any of the following acts of violations:

a) Managing and using the expenses for maintenance of parts under common ownership of a condominium inconsistently with regulations;

b) Deliberately changing functions and use purposes of parts under common ownership or use of the condominium;

c) Deliberately making decision on condominium operation management service prices without the approval by the condominium meeting;

d) Failing to report on the collection and spending at the condominium meeting as regulated;

dd) Failing to comply with operating regulations or financial regulations approved by the condominium meeting;

e) Failing to open an account to receive expenses for maintenance of parts under common ownership of condominium, for the whole condominium in accordance with regulations;

g) Failing to publicly announce expenditures using expenses for maintenance of parts under common ownership of condominium on the bulletin board of the condominium in accordance with regulations;

h) Failing to make annual maintenance plan or making annual maintenance plan with insufficient contents as specified.

3. Remedial measures:

a) Forcible sending of a written request for handover of condominium dossiers as specified to the project owner, for the acts of violations prescribed at Point a, Clause 1 of this Article;

b) Forcible submission of a document proposing the district-level People's Committee to request the investor to hand over the condominium dossiers, for the acts of violations prescribed at Point b, Clause 1 of this Article;

c) Forcible sending of a written request for transfer of maintenance expenses as specified to the project owner, for the acts of violations prescribed at Point c, Clause 1 of this Article;

d) Forcible submission of a written request to coerce the project owner to hand over the expenses for maintenance of parts under common ownership of the condominium to the provincial-level People's Committee, for the acts of violations prescribed at Point d, Clause 1 of this Article;

dd) Forcible performance of finalization of the maintenance expense figures before receiving the expenses for maintenance of parts under common ownership of condominium via the handover, for the acts of violations prescribed at Point dd, Clause 1 of this Article;

e) Forcible handover of dossier, books and documents under the management to the new management board in accordance with regulations, for the acts of violations prescribed at Point e, Clause 1 of this Article;

g) Forcible management and use of expenses for maintenance of parts under common ownership in accordance with regulations, for the acts of violations prescribed at Point a, Clause 2 of this Article.

h) Forcible use of parts under common ownership or use of the condominium with the functions and use purposes as specified, for the acts of violations prescribed at Point b, Clause 2 of this Article;

i) Forcible cancellation of regulations on condominium operation and management service prices and organization of the condominium meeting for the approval of new operation and management service prices, for the acts of violations prescribed at Point c, Clause 2 of this Article;

k) Forcible reporting on collection and spending as specified at the latest condominium meeting, for the acts of violations prescribed at Point d, Clause 2 of this Article;

l) Forcible compliance with operating regulations or financial regulations approved by the condominium meeting, for the acts of violations prescribed at Point dd, Clause 2 of this Article;

m) Forcible opening of an account to receive expenses for maintenance of parts under common ownership of condominium in accordance with regulations, for the acts of violations prescribed at Point e, Clause 2 of this Article;

n) Forcible public announcement about expenditures using expenses for maintenance of parts under common ownership of condominium on the bulletin board of the condominium as prescribed, for the acts of violations prescribed at Point g, Clause 2 of this Article;

o) Forcible making of annual maintenance plan as regulated by law, for the acts of violation prescribed at Point h, Clause 2 of this Article;.

Article 70. Violations against regulations on management and use of condominiums applicable to condominium users

1. A fine ranging from VND 20,000,000 to VND 40,000,000 shall be imposed for any of the following acts of violations:

a) Causing water leakage of apartments not under the ownership, management or use right;

b) Using paint color or making decoration for the exterior of apartments, condominiums in contravention of regulations on design and architecture;

c) Trading of inflammable or explosive goods or providing of motor vehicle repair or cattle slaughtering services;

d) Trading in restaurants, karaoke parlors or bars in a condominium’s business areas but not meeting requirements for soundproofing and fire prevention and fighting in accordance with regulations;

dd) Engaging in business in a condominium’s areas for non-business purposes;

e) Using an apartment for purposes other than residence.

2. A fine ranging from VND 60,000,000 to VND 80,000,000 shall be imposed for any of the following acts of violations:

a) Illegally appropriating house floor areas; encroaching in any form parts under the common ownership or the private ownership of other owners;

b) Deliberately changing the force-bearing structure or the design of the parts under the private ownership in a condominium;

c) Using areas and equipment under the common ownership and use rights for personal purposes;

d) Using for improper purposes areas under the common ownership or areas for provision of services in a multi-purpose condominium.

3. Remedial measures:

a) Forcible restoration of the original state, for the acts of violations prescribed at Points a and b, Clause 1 and Points a and b, Clause 2 of this Article;

b) Forcible moving of the business of dangerous goods that cause fire and explosion out of residential areas, or forcible termination of using motor vehicle repair services, or forcible termination of doing business in cattle slaughtering services in condominium, for the acts of violations prescribed at Point c, Clause 1 of this Article;

c) Forcible satisfaction of requirements for soundproofing and fire prevention and fighting in accordance with regulations, for the acts of violations prescribed at Point d, Clause 1 of this Article;

d) Forcible use of the apartment for residence, for the acts of violations prescribed at Point e, Clause 1 of this Article.

dd) Forcible return areas and equipment under the common ownership and use rights, for the acts of violations prescribed at Point c, Clause 2 of this Article;

e) Forcible use of areas under the common ownership or areas for provision of services in the multi-purpose condominium for improper purposes, for the acts of violations prescribed at Point d, Clause 2 of this Article.

Article 71. Violations against regulations on preparation and storage of house dossiers

1. A fine ranging from VND 40,000,000 to VND 60,000,000 shall be imposed for the acts of violations of failing to prepare or store house dossiers; or insufficiently preparing or storing house dossiers as specified, for cases of construction of houses for lease.

2. Remedial measures: Forcible preparation and storage of all house documents, for the acts of violations prescribed in Clause 1 of this Article.

 

Chapter VI

COMPETENCE TO MAKE WRITTEN RECORDS AND SANCTION ADMINISTRATIVE VIOLATIONS

 

Article 72. Competence to make written records of administrative violations

Persons competent to make written records of administrative violations for the acts of violation specified in this Decree shall include:

1. Persons competent to sanction prescribed in Articles 73, Clause 74, Article 75; Clause 76, Article 78; Article 79 and Article 80 of this Decree.

2. Civil servants of People's Committees at all levels are assigned the task of examining and detecting administrative violations related to construction as specified in this Decree.

3. Civil servants, public employees and inspectors of state inspection agencies in the field of construction are assigned the task of examination and independent specialized inspection or team inspection.

4. Civil servants and public employees are assigned the task of examination in each field under the state management of: construction, production of building materials, management of technical infrastructure works, real estate business, management and development of houses.

5. Persons with sanctioning competence specified in Article 77 of this Decree have the right to make written records of administrative violations, for the acts of violations specified in Article 6 of this Decree.

Article 73. Sanctioning competence of construction inspectors (or transport - construction inspectors)

1. Impose warning.

2. Impose fines of up to VND 1,000,000.

3. Confiscate material evidences and means used in administrative violations of a value not exceeding VND 2,000,000.

4. Apply the remedial measures specified at Points a and b, Clause 4, Article 4 of this Decree.

Article 74. Sanctioning competence of heads of specialized inspection teams

1. Heads of specialized inspection teams of inspectorates of provincial-level Departments of Construction (or inspectorates of provincial-level Departments of Transport - Construction) have the sanctioning competence as follows:

a) Impose warning;

b) Impose fines of up to VND 100,000,000;

c) Deprivation of the right to use licenses, certificates of competency, practicing certificates for a definite term or suspend operations for a definite time;

d) Confiscate material evidences and means used in administrative violations of a value not exceeding VND 200,000,000;

dd) Apply the remedial measures specified in Clause 4, Article 4 of this Decree.

2. Heads of specialized inspection teams of inspectorates of the Ministry of Construction have the sanctioning competence as follows:

a) Impose warning;

b) Impose fines of up to VND 500,000,000 for activities of construction and real estate business; up to VND 210,000,000 for activities of production of building materials, management of technical infrastructure works, management and development of houses;

c) Deprivation of the right to use licenses, certificates of competency, practicing certificates for a definite term or suspend operations for a definite time;

d) Confiscate material evidences and means used in administrative violations of a value not exceeding VND 1,000,000,000, for activities of construction and real estate business; the one of a value up to VND 420,000,000, for activities of production of building materials, management of technical infrastructure works, management and development of houses;

dd) Apply the remedial measures specified in Clause 4, Article 4 of this Decree.

Article 75. Sanctioning competence of chief inspectors of provincial-level Departments of Construction (or chief inspectors of provincial-level Departments of Transport - Construction)

1. Impose warning.

2. Impose fines of up to VND 100,000,000.

3. Deprivation of the right to use licenses, certificates of competency, practicing certificates for a definite term or suspend operations for a definite time.

4. Confiscate material evidences and means used in administrative violations of a value not exceeding VND 200,000,000.

5. Apply the remedial measures specified in Clause 4, Article 4 of this Decree.

Article 76. Sanctioning competence of chief inspectors of the Ministry of Construction

1. Impose warning.

2. Impose fines of:

a) Up to VND 300,000,000 for activities of production of building materials, management of technical infrastructure works, management and development of houses;

b) Up to VND 1,000,000,000 for activities of construction and real estate business.

3. Deprivation of the right to use licenses, certificates of competency, practicing certificates for a definite term or suspend operations for a definite time.

4. Confiscate material evidences and means used in administrative violations.

5. Apply the remedial measures specified in Clause 4, Article 4 of this Decree.

Article 77. Sanctioning competence of the Public Security Force

Persons with sanctioning competence in the Public Security Force have the power to sanction administrative violations for the acts specified in Article 6 of this Decree in accordance with the Decree on sanctioning of administrative violations in the field of social security, order and safety.

Article 78. Sanctioning competence of chairpersons of commune-level People’s Committees

1. Impose warning.

2. Impose fines of up to VND 10,000,000.

3. Confiscate material evidences and means used in administrative violations of a value not exceeding VND 20,000,000.

4. Apply the remedial measures prescribed at Points a, b and c, Clause 4, Article 4 of this Decree.

Article 79. Sanctioning competence of chairpersons of district-level People’s Committees

1. Impose warning.

2. Impose fines of up to VND 200,000,000.

3. Deprivation of the right to use licenses, certificates of competency, practicing certificates for a definite term or suspend operations for a definite time.

4. Confiscate material evidences and means used in administrative violations.

5. Apply the remedial measures specified in Clause 4, Article 4 of this Decree.

Article 80. Sanctioning competence of chairpersons of provincial-level People’s Committees

1. Impose warning.

2. Impose fines of:

a) Up to VND 300,000,000 for activities of production of building materials, management of technical infrastructure works, management and development of houses;

b) Up to VND 1,000,000,000 for activities of construction and real estate business.

3. Deprivation of the right to use licenses, certificates of competency, practicing certificates for a definite term or suspend operations for a definite time.

4. Confiscate material evidences and means used in administrative violations.

5. Apply the remedial measures specified in Clause 4, Article 4 of this Decree.

 

Chapter VII

IMPLEMENTATION MEASURES

 

Article 81. Order and procedures for implementation of regulations specified in Clause 16, Article 16 of this Decree

For the acts specified in Clauses 4, 6, 7 and 8, Article 16 of this Decree that are cases eligible for construction permits or adjustment of construction permits or adjustment of construction designs and under construction, to handle as follows:

1. Competent persons shall be responsible for making written records of administrative violations and requesting organizations and individuals committing acts of violations to stop the construction of works. Within 90 days for construction investment projects, 30 days for separate houses, from the date of issuing the decision on sanctioning of administrative violations, organizations and individuals committing acts of violations must complete the application to the competent agency to grant a construction permit or an adjusted construction permit or an adjusted construction design and obtain a construction permit or an adjusted construction permit or an adjusted construction design.

The application for a construction permit, an adjusted construction permit or construction design adjustment shall comply with the law on licensing, appraisal and be supplemented with dossiers proving the completion of payment of fines for administrative violations.

Competent state agencies shall be responsible for granting construction permits or adjusted construction permits, and specialized construction agencies shall be responsible for appraising adjusted construction designs in accordance with law regulations.

2. Upon the expiration of the time limit specified in Clause 1 of this Article, if the violating organizations or individuals fail to present the issued construction permit or adjusted construction permit or appraised adjusted construction design, persons with sanctioning competence shall issue a written notice requesting the violating organizations or individuals to demolish the whole or part of the construction works built illegally by themselves.

Within 15 days from the date the written notice is sent (according to the postmark) or from the date the minutes on handover of the notice is made, the violating organization or individual shall take measure of forcible self-demolition of the whole or part of the construction works built illegally.

3. Within 5 days from the date the violating organizations or individuals present the construction permits or adjusted construction permits or adjusted construction designs that have been appraised, the persons with sanctioning competence shall be responsible for organizing the inspection of the current state of the construction works, making a minutes stating the conformity of the current state of the works with the construction permits or adjusted construction permits or adjusted construction designs appraised.

4. Violating organizations and individuals may continue construction only if the minutes of inspection and recording of the current state of the works confirm that the current status of the works is consistent with the granted construction permits or adjusted construction permits or adjusted construction design appraised.

If the current state of the works is not in conformity with the construction permits or adjusted construction permits or adjusted adjusted construction design appraised, within 15 days from the date of making minutes of inspection and recording of the current state of the works, violating organizations or individuals are forced to demolish works or parts of works that do not conform to the construction permits or adjusted construction permits or adjusted construction design appraised.

5. Within the time limit for application for procedures for construction permits or adjusted construction permits or adjusted construction design, the violating organizations or individuals that continue their construction shall be handled in accordance with Clause 13, Article 16 of this Decree.

Organizations and individuals that fail to take measures of forcible demolition specified in Clauses 2 and 4 of this Article shall forced to execute the measures in accordance with the law on handling of administrative violations.

Article 82. Responsibilities of persons competent to sanction administrative violations for cases subject to recovery of houses or return of erased or corrected practicing certificates, thus falsifying the contents of certificates

When handling administrative violations with remedial measures specified at Point b, Clause 5, Article 59; Points a, b, c, d and g, Clause 6, Article 64; and Point c, Clause 3, Article 65 of this Decree, the persons competent to sanction administrative violations shall notify in writing competent state agencies for handling in accordance with law regulations.

 

Chapter VIII

IMPLEMENTATION PROVISIONS

 

Section 1

TRANSITIONAL PROVISIONS

 

Article 83. For acts of administrative violations related to construction that are committed before the effective date of this Decree, regulations on sanctioning of administrative violations to be applied shall be as follows:

1. In cases an act of administrative violation has been completed but its administrative violation record has not been made, such violation shall be sanctioned in accordance with the Decree that is effective at the time the act of violation is terminated.

2. In case the decision on sanctioning of administrative violations is being implemented or has not yet been completed, the issued decision on sanctioning of administrative violations or the decision on enforcement shall continue to be implemented.

Article 84. From the effective date of this Decree, Clauses 2, 3, 4 and 5, Article 79 of Decree No. 139/2017/ND-CP shall continue to be implemented as follows:

1. For the acts of performing construction in contravention with construction permits; carrying out construction without a construction permit, for cases where a construction permit is required in accordance with regulations; carrying out construction without following approved designs, construction planning or urban designs, for cases eligible for exemption from construction permits, in addition to the sanctioning of administrative violations, the measure of forcible return of illicit profits as prescribed in Clause 9, Article 13 of the Decree No. 121/2013/ND-CP shall be imposed if the following 6 conditions are fully satisfied:

a) Acts of violations have been committed from January 4, 2008 and completed before January 15, 2018 but detected by the competent persons after January 15, 2018, or they have been detected before January 15, 2018 and one of the following related documents is made or issued: minutes of administrative violations, decision on sanctioning of administrative violations or decision on application of remedial measures;

b) There is not violation against regulations on construction boundaries;

c) The construction work does not affect any adjoining buildings;

d) There is no dispute;

dd) The construction work is located on the land area with legal use rights;

e) The construction work is in conformity with the construction planning approved by a competent agency.

2. Acts of violations that satisfy the conditions specified at Points a, b, c, d and dd, Clause 1 but fail to satisfy the conditions specified at Point e, Clause 1 of this Article shall be handled as follows:

In case acts of violations are detected by competent persons before January 15, 2018 and related minutes of administrative violations are made, related decisions on sanctioning of administrative violations and decisions to apply the measure of forcible return of illicit profits are issued but by January 15, 2018, the violating individuals or organizations have not yet paid fines (if any) and returned the illicit profits, the persons with sanctioning competence shall issue decisions to apply the measure of forcible demolition of works or part of construction works built illegally as specified at Point d, Clause 11, Article 15 of Decree No. 139/2017/ND-CP instead of the measure of forcible return of illicit profits.

3. The illicit profits to be refunded by organizations and individuals committing the acts specified in Clause 1 of this Article shall be determined as follows:

a) In cases of work construction for the business purpose: The amount of illicit profits equals total floor area (m2) built in contravention of law regulations multiplied by the product of the unit price per square meter, which is specified in the signed purchase or transfer contract and not lower than the construction unit cost of the construction work at the same grade and of the same type promulgated by the competent agency and 50%;

b) In cases of work construction for non-business purposes: The amount of illicit profits equals total floor area (m2) built in contravention of law regulations multiplied by the product of the building cost per square meter of floor, which is specified in the approved construction cost estimate and not lower than the construction unit cost of the construction work at the same grade and of the same type promulgated by the competent agency and 50%;

c) In case of unavailability of the signed sale or transfer contract or approved cost estimate: the amount of illicit profits equals total floor area (m2) built in contravention of law regulations multiplied by the product of the construction unit cost of the construction work at the same grade and of the same type promulgated by the competent agency and 50%;

d) The persons competent to sanction administrative violations shall apply the construction unit cost announced at the time of issuing the decision on sanctioning of administrative violations and take responsibilities for determining the amount of illicit profits payable by the violator in accordance with Point a, b or c of this Clause.

4. Not to apply the measures of forcible refund of illicit profits that are calculated according to the ratio of the value of the part of works built in contravention of permits or built without permission for cases of construction of separate houses.

5. After the violating organizations or individuals complete the payment of administrative violation fines and illicit profits, and obtains the results of work quality inspection, the competent state agency shall give opinions on certification of Planning - Architecture, grant construction permits, adjust construction permits or adjust construction designs.

In addition to the papers as prescribed, the application for a construction permit, adjustment of a construction permit or adjustment of a construction design must also additionally include documents proving that the payment of fines and illicit profits has been completed as specified (if any).

After the violating organizations or individuals complete the above procedures, the competent agency shall consider and grant certificates of ownership of houses or construction works in accordance with regulations.

 

Section 2

IMPLEMENTATION PROVISIONS

 

Article 85. Effect

1. This Decree takes effect on the signing date.

2. This Decree replaces the Government’s Decree No. 139/2017/ND-CP dated November 27, 2017 on sanctioning of administrative violations related to construction investment; extraction, processing and trading of minerals used as building materials, production and trading of building materials; management of technical infrastructure works; real estate business, housing development, management and use houses and office buildings and the Government’s Decree No. 21/2020/ND-CP dated February 17, 2020 on amending and supplementing a number of Articles of the Government’s Decree No. 139/2017/ND-CP dated November 27, 2017 on sanctioning of administrative violations related to construction investment; extraction, processing and trading of minerals used as building materials, production and trading of building materials; management of technical infrastructure works; real estate business, housing development, management and use houses and office buildings.

3. To annul Points b and c, Clause 5, Article 17 of the Government’s Decree No. 38/2021/ND-CP dated March 29, 2021 providing for sanctioning of administrative violations in the fields of culture and advertising.

Article 86. Implementation responsibility

Ministers, Heads of ministerial-level agencies, Heads of government-attached agencies and Chairpersons of People’s Committees of provinces and centrally run cities and related agencies shall take responsibilities for the implementation of this Decree.

 

 

ON BEHALF OF THE GOVERNMENT

FOR THE PRIME MINISTER

DEPUTY PRIME MINISTER

 

 

Le Van Thanh

 

 

 

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