Decree No. 126/2004/ND-CP dated May 26, 2004 on the sanctioning of administrative violations in construction activities, urban infrastructure management and house use management

DECREE

ON THE SANCTIONING OF ADMINISTRATIVE VIOLATIONS IN CONSTRUCTION ACTIVITIES, URBAN INFRASTRUCTURE MANAGEMENT AND HOUSE USE MANAGEMENT

THE GOVERNMENT

Pursuant to the December 25, 2001 Law on Organization of the Government;

Pursuant to the November 26, 2003 Construction Law;

Pursuant to the July 2, 2002 Ordinance on Handling of Administrative Violations;

At the proposal of the Minister of Construction,

DECREES:

Chapter I

GENERAL PROVISIONS

Article 1.- Scope of regulation

1. This Decree prescribes acts of administrative violation in construction activities, urban infrastructure management and house use management; sanctioning forms and levels; sanctioning competence and procedures; complaints and denunciations and settlement thereof.

2. Administrative violations in construction activities, urban infrastructure management or house use management are acts committed intentionally or unintentionally by organizations or individuals in violation of the regulations on construction activities, urban infrastructure management or house use management, which do not constitute offenses but must, as prescribed by law, be administratively sanctioned.

3. Administrative violations in construction activities, urban infrastructure management and house use management include:

a/ Administrative violations committed in construction activities by investors;

b/ Administrative violations committed in construction activities by contractors that build works (hereinafter called construction contractors);

c/ Administrative violations committed in construction activities by construction consultancy contractors;

d/ Administrative violations in urban infrastructure management, including: acts of violation in the management of the systems of urban traffic, information and communication, energy supply, public lighting, water supply, water drainage, waste treatment, structures in parks, flower gardens, public greenery, and other works;

e/ Administrative violations in the house use management.

Article 2.- Subjects of application

1. Vietnamese individuals or organizations that commit administrative violations in construction activities, urban infrastructure management or house use management shall all be sanctioned under the provisions of this Decree.

2. Foreign individuals or organizations that commit administrative violations in construction activities, urban infrastructure management or house use management in the territory of the Socialist Republic of Vietnam shall all be sanctioned under the provisions of this Decree, except otherwise provided for by international agreements which Vietnam has signed or acceded to.

Article 3.- Principles for sanctioning administrative violations in construction activities, urban infrastructure management and house use management

1. All administrative violations must be detected in time and immediately stopped. The sanctioning of administrative violations must be carried out promptly, justly and thoroughly. All consequences caused by administrative violations must be remedied strictly according to law provisions.

2. The sanctioning of administrative violations shall be effected by competent persons defined in Articles 43, 44, 45 and 46 of this Decree in accordance with law provisions.

3. An administrative violation shall be sanctioned only once. Organizations or individuals that commit many administrative violations shall be sanctioned for each of such violations. If many organizations or individuals commit the same administrative violation, each of them shall be sanctioned.

4. The sanctioning of administrative violations must be based on the nature and seriousness of the violations, the personal backgrounds of the violators and extenuating as well as aggravating circumstances in order to decide on the appropriate handling forms and measures.

5. Administrative violations shall not be sanctioned in the cases of urgency, sudden events or if they are committed by persons who are suffering from mental diseases or other diseases which deprive the violators of their capacity to perceive or to control their acts.

Article 4.- Statute of limitations for sanctioning administrative violations in construction activities, urban infrastructure management and house use management

1. The statute of limitations for sanctioning administrative violations is 2 years as from the date the acts of violation are committed; past this period, such acts shall not be sanctioned but still be subject to the application of the measures specified in Clause 3, Article 5 of this Decree.

2. Within the statute of limitations prescribed in Clause 1 of this Article, if the organizations or individuals that commit administrative violations deliberately avoid or obstruct the sanctioning by competent authorities, the statute of limitations shall be re-counted, starting from the time the violators stop their acts of avoiding or obstructing the sanctioning.

3. After one year as from the date of completely serving the sanctioning decisions or from the expiry of the sanctioning decisions, if the organizations and individuals sanctioned for administrative violations do not relapse into any violations, they shall be regarded as not having been sanctioned for administrative violations.

Article 5.- Forms of sanctioning administrative violations and remedial measures in construction activities, urban infrastructure management and house use management

1. Organizations or individuals that commit administrative violations shall be subject to one of the following forms of administrative sanction:

a/ Caution;

b/ Fines of up to VND 70 million.

2. Depending on the nature and seriousness of their violations, the violating organizations or individuals shall be also subject to one or more of the following additional sanctioning forms:

a/ Deprivation of the right to use permits, practicing certificates;

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

3. Remedial measures:

a/ Forcible restoration of the original state which has been altered due to administrative violations or forcible dismantlement of the violating parts of works or works;

b/ Forcible remedy of the environmental pollution caused by their administrative violations;

c/ Forcible compliance with the State's regulations on construction activities, urban infrastructure management and house use management;

d/ Forcible compensation for damage caused by administrative violations.

Chapter II

SANCTIONING FORMS AND LEVELS FOR ADMINISTRATIVE VIOLATIONS IN CONSTRUCTION ACTIVITIES

Section I. SANCTIONING FORMS AND LEVELS FOR VIOLATIONS BY INVESTORS

Article 6.- Sanctioning of investors that organize the construction of parts of works or works on land areas where construction is banned

1. A caution or a fine of between VND 100,000 and VND 200,000 on investors that organize the construction of parts of works or works and commit one of the following acts:

a/ Violating the construction plannings which have been approved and publicized by competent authorities;

b/ Conducting construction on land areas of which the use purpose has not been changed.

2. A fine of between VND 200,000 and VND 400,000 on investors that organize the construction of parts of works or works and commit one of the following acts:

a/ Conducting construction on encroached land areas;

b/ Conducting construction in violation of the red-line limits;

c/ Violating the limits of construction areas.

3. A fine of between VND 300,000 and VND 500,000 on investors that organize the construction of parts of works or works in land areas where construction is banned.

4. Apart from the sanctioning forms specified in Clause 1, Clause 2 and Clause 3 of this Article, the violating investors shall also be subject to the following additional sanction and the application of one or more of the following measures:

a/ Confiscation of material evidences and/or means used in the administrative violations;

b/ Forcible restoration of the original state which has been altered due to their administrative violations or forcible dismantlement of the violating parts of works or works;

c/ Forcible remedy of the environmental pollution caused by their administrative violations.

Article 7.- Sanctioning of investors that violate the regulations on construction permits

1. A caution or a fine of between VND 100,000 and VND 200,000 on investors that organize the construction of new parts of works or new works; the renovation, expansion, overhaul, embellishment or restoration of works without construction permits as prescribed or in contravention of construction permits.

2. Apart from the sanctioning forms specified in Clause 1 of this Article, the violating investors shall be also forced to apply for construction permits as prescribed or to comply with the granted construction permits.

Article 8.- Sanctioning of investors that violate the regulations on work construction designing

1. A caution or a fine of between VND 100,000 and VND 200,000 on investors that organize the construction of new parts of works or new works; the renovation, expansion, overhaul, restoration or embellishment of works without approved construction designs as prescribed or in contravention of the approved designs.

2. Apart from the sanctioning forms specified in Clause 1 of this Article, the violating investors shall be also forced to apply for approval of work construction designs according to regulations or to strictly comply with the approved construction designs.

Article 9.- Sanctioning of investors that violate the regulations on management of construction investment projects

1. Fines:

a/ A fine of between VND 8,000,000 and VND 10,000,000 on investors that change the projects’ contents without permission or permit the changes therein ultra vires;

b/ A fine of between VND 10,000,000 and VND 12,000,000 on investors that commence the construction of works when there are not enough conditions for construction commencement;

c/ A fine of between VND 12,000,000 and VND 15,000,000 on investors that set up project management boards which lack construction activity capability as prescribed.

d/ A fine of between VND 15,000,000 and VND 20,000,000 on investors that wrongly execute the investment contents or investment scale as compared with the decisions approving the construction investment projects.

2. Apart from the sanctioning forms specified in Clause 1 of this Article, the violating investors shall be also forced to strictly comply with the regulations on management of construction investment projects.

Article 10.- Sanctioning of investors that violate the regulations on selection of contractors in construction activities

1. Fines:

a/ A fine of between VND 6,000,000 and VND 8,000,000 on investors that commit acts of dividing the assigned bidding package or assign it to many contractors though such bidding package can be performed by only one contractor in contravention of the law provisions on selection of contractors in construction activities.

b/ A fine of between VND 8,000,000 and VND 10,000,000 on investors that select construction contractors that fail to satisfy the prescribed conditions on construction activity capability;

c/ A fine of between VND 10,000,000 and VND 15,000,000 on investors that wrongly implement the approved bidding plans;

d/ A fine of between VND 20,000,000 and VND 30,000,000 on investors that commit one of the following acts: manipulating bids; purchasing or selling bids; disclosing information when considering bids or conniving with contractors; organizing sham biddings or failing to organize biddings but still drawing up bidding records.

2. Apart from the sanctioning forms specified in Clause 1 of this Article, the violating investors shall be also subject to the application of one or more of the following measures:

a/ Forcible cancellation of the bidding results, for violations specified at Point d, Clause 1 of this Article;

b/ Forcible compliance with the law provisions on selection of contractors in construction activities.

Article 11.- Sanctioning of investors that violate the regulations on management of the quality of construction works

1. Fines:

a/ A fine of between VND 5,000,000 and VND 6,000,000 on investors that fail to buy insurance for construction works as prescribed;

b/ A fine of between VND 6,000,000 and VND 8,000,000 on investors that fail to report in time according to regulations on incidents occurring to construction works;

c/ A fine of between VND 8,000,000 and VND 10,000,000 on investors that commit one of the following acts: Violating the regulations on technical testing; violating the regulations on operation testing, handover and commissioning of construction works;

d/ A fine of between VND 10,000,000 and VND 20,000,000 on investors that commit one of the following acts: Irrationally speeding up the construction progress, thereby badly affecting the quality of construction works; failing to keep to the construction schedule prescribed in the approved investment decisions;

e/ A fine of between VND 20,000,000 and VND 70,000,000 on investors that organize the construction of parts of works or works and commit one of the following acts: Wrongly using construction rules; construction standards or failing to supervise the construction process according to regulations, thus badly affecting the quality of construction works or causing incidents to such works.

2. Apart from the sanctioning forms specified in Clause 1 of this Article, the violating investors shall be also forced to strictly comply with the regulations on management of the quality of construction works.

Article 12.- Sanctioning of investors that violate the regulations on operation testing, payment for completed volumes and settlement of investment capital

1. Fines:

a/ A fine of between VND 10,000,000 and VND 15,000,000 on investors that make settlement of investment capital behind the prescribed deadlines;

b/ A fine of between VND 15,000,000 and VND 20,000,000 on investors that delay the payment for the completed volumes to contractors though all payment procedures have been completed;

c/ A fine of between VND 30,000,000 and VND 50,000,000 on investors that commit one of the following acts: Sham testing; testing wrong volumes; distorting the value of the paid or settled investment capital for construction of works.

2. Apart from the sanctioning forms specified in Clause 1 of this Article, the violating investors shall be also subject to the application of the following measures:

a/ Forcible cancellation of payment or settlement results, for violations specified at Point c, Clause 1 of this Article;

b/ Forcible compliance with the regulations on testing, payment for completed volumes and settlement of investment capital for construction of works;

c/ Forcible damage compensation, for violations specified at Point b, Clause 1 of this Article.

Section II. SANCTIONING FORMS AND LEVELS FOR VIOLATIONS BY CONSTRUCTION CONTRACTORS

Article 13.- Sanctioning of construction contractors that violate the regulations on construction activity capability conditions

1. Fines:

a/ A fine of between VND 8,000,000 and VND 10,000,000 on construction contractors that employ construction managers or commanders who lack construction practicing capability required for the construction category or grade;

b/ A fine of between VND 10,000,000 and VND 12,000,000 on construction contractors that undertake contracts for construction of works beyond their construction activity capability as prescribed;

c/ A fine of between VND 15,000,000 and VND 20,000,000 on construction contractors that commit one of the following acts: Lending the contractor's name; using the names of other contractors for carrying out construction activities.

2. Apart from the sanctioning forms specified in Clause 1 of this Article, the violating construction contractors shall be also forced to strictly comply with the regulations on construction activity or construction practicing capability.

Article 14.- Sanctioning of construction contractors that violate the regulations on biddings in construction activities

1. Fines:

a/ A fine of between VND 6,000,000 and VND 15,000,000 on construction contractors that commit one of the following acts: Deploying the construction of works at variance with their commitments stated in the bid dossiers and contracts on delivery and receipt of construction bids; violating other law provisions on biddings in construction activities;

a/ A fine of between VND 15,000,000 and VND 20,000,000 on construction contractors that commit one of the following acts: manipulating biddings; purchasing, selling bids.

2. Apart from the sanctioning forms specified in Clause 1 of this Article, the violating construction contractors shall be also subject to the application of one of the following measures:

a/ Forcible cancellation of bidding results, for violations specified at Point b, Clause 1 of this Article;

b/ Forcible fulfillment of their commitments in the bids or compliance with the regulations on biddings in construction activities.

Article 15.- Sanctioning of construction contractors that perform construction contracts in violation of the regulations on construction of parts of works or works on land areas where construction is banned, on construction permits, construction designs

1. Fines:

a/ A fine of between VND 100,000 and VND 200,000 on construction contractors that perform contracts for construction of parts of works or works without or in contravention of construction permits; without or in contravention of the approved construction deigns;

b/ A fine of between VND 300,000 and VND 500,000 on construction contractors that perform contracts for construction of parts of works or works on land areas where construction is banned.

2. Apart from the sanctioning forms specified in Clause 1 of this Article, the violating construction contractors shall also be subject to confiscation of material evidences and/or means used in their administrative violations.

Article 16.- Sanctioning of construction contractors that violate the regulations on construction safety

1. Fines:

a/ A fine of between VND 1,000,000 and VND 3,000,000 on construction contractors that commit one of the following acts: Improperly observing the construction processes and rules, thereby causing sinkings or crackings to adjacent works;

b/ A fine of between VND 2,000,000 and VND 4,000,000 on construction contractors that fail to adequately supply labor protection devices to laborers working at construction sites;

c/ A fine of between VND 4,000,000 and VND 6,000,000 on construction contractors that commit one of the following acts: Failing to put up construction site signal boards as prescribed; failing to put up safety boards; failing to put up covering and/or shielding means; failing to erect safety protection fences;

d/ A fine of between VND 6,000,000 and VND 8,000,000 on construction contractors that fail to purchase insurance of any type as prescribed.

2. Apart from the sanctioning forms specified in Clause 1 of this Article, the violating construction contractors shall also be subject to the application of the following measures:

a/ Forcible damage compensation, for violations specified at Point a, Clause 1 of this Article;

b/ Forcible compliance with the construction safety regulations.

Article 17.- Sanctioning of construction contractors that violate the regulations on management of the quality of construction works

1. Fines:

a/ A fine of between VND 1,000,000 and VND 5,000,000 on construction contractors that use the results of tests of construction materials or construction structures of unqualified laboratories;

b/ A fine of between VND 5,000,000 and VND 8,000,000 on construction contractors that commit one of the following acts: Failing to make completed construction drawings as prescribed; violating the regulations on warranty of works;

c/ A fine of between VND 8,000,000 and VND 10,000,000 on construction contractors that commit one of the following acts: Using construction materials; using construction structures; using technological equipment with no certificates of origin and/or certificates of satisfaction of quality standards as prescribed;

d/ A fine of between VND 40,000,000 and VND 50,000,000 on construction contractors that commit one of the following acts: Failing to establish a quality management system; failing to organize the supervision of construction activities; constructing works at variance with their designs; constructing works at variance with the construction rules or standards, thus badly affecting the quality of the works or cause incidents to the works.

2. Apart from the sanctioning forms specified in Clause 1 of this Article, the violating construction contractors shall also be forced to strictly comply with the regulations on management of the quality of construction works.

Article 18.- Sanctioning of construction contractors that violate the regulations on testing of, payment for completed volumes

1. Fines:

a/ A fine of between VND 10,000,000 and VND 15,000,000 on construction contractors that delay the finalization of dossiers and documents in service of the testing of, payment and settlement for, works as prescribed;

b/ A fine of between VND 15,000,000 and VND 25,000,000 on construction contractors that commit one of the following acts: Sham testing; testing wrong volumes; distorting the payment or settlement value.

2. Apart from the sanctioning forms specified in Clause 1 of this Article, the violating construction contractors shall also be subject to the application of the following measures:

a/ Forcible cancellation of the results of testing, payment or settlement, for violations specified at Point b, Clause 1 of this Article;

b/ Forcible compliance with the regulations on testing of, payment and settlement for, construction items and works.

Section III. SANCTIONING FORMS AND LEVELS FOR VIOLATIONS COMMITTED BY CONSTRUCTION CONSULTANCY CONTRACTORS

Article 19.- Sanctioning of construction consultancy contractors that violate the regulations on conditions on construction consultancy practicing and providing capability

1. Fines:

a/ A fine of between VND 3,000,000 and VND 5,000,000 on construction consultancy contractors that operate against regulations; individuals who carry out construction consultancy activities at variance with their practicing certificates;

b/ A fine of between VND 5,000,000 and VND 7,000,000 on construction consultancy contractors that undertake construction consultancy contracts beyond their capability as prescribed;

c/ A fine of between VND 7,000,000 and VND 10,000,000 on construction consultancy contractors that commit one of the following acts: leasing or lending their names;

d/ A fine of between VND 10,000,000 and VND 15,000,000 on construction consultancy contractors that use the names of other organizations or individuals for carrying out construction consultancy activities or practicing the construction consultancy profession; individuals who carry out construction consultancy activities without practicing certificates.

2. Apart from the sanctioning forms specified in Clause 1 of this Article, the violating construction consultancy contractors shall be also subject to the application of the following additional sanctioning form and measures:

a/ Suspension of construction consultancy activities, for violations specified at Points b and d, Clause 1 of this Article;

b/ Deprivation of the right to use practicing certificates, for violations specified at Points a and c, Clause 1 of this Article;

c/ Forcible satisfaction of the conditions on construction consultancy activity capability or construction consultancy practicing capability, for violations specified at Points b and d, Clause 1 of this Article.

Article 20.- Sanctioning of construction consultancy contractors that violate the regulations on construction consultancy biddings

1. Fines:

a/ A fine of between VND 10,000,000 and VND 15,000,000 on construction consultancy contractors that arrange executive staff at variance with their bids and the contracts for assignment and receipt of construction consultancy bids;

b/ A fine of between VND 15,000,000 and VND 20,000,000 on construction consultancy contractors that commit one of the following acts: Manipulating biddings; purchasing, selling construction consultancy bids.

2. Apart from the sanctioning forms specified in Clause 1 of this Article, the violating construction consultancy contractors shall be also subject to the application of one of the following measures:

a/ Forcible cancellation of the bidding results, for violations specified at Point b, Clause 1 of this Article;

b/ Forcible compliance with the regulations on construction consultancy biddings.

Article 21.- Sanctioning of construction consultancy contractors that violate the regulations on construction rules, construction standards, use invalid data and documents in construction consultancy activities

1. Fines:

a/ A fine of between VND 5,000,000 and VND 7,000,000 on construction consultancy contractors that use the results of tests performed by unqualified laboratories;

b/ A fine of between VND 7,000,000 and VND 10,000,000 on construction consultancy contractors that use invalid, inaccurate or irrelevant data and documents;

c/ A fine of between VND 10,000,000 and VND 20,000,000 on construction consultancy contractors that commit one of the following acts: Failing to use construction rules, construction standards or using wrong ones.

2. Apart from the sanctioning forms specified in Clause 1 of this Article, the violating consultancy contractors shall be also forced to strictly comply with the regulations on construction consultancy activities.

Article 22.- Sanctioning of construction consultancy contractors that violate the regulations on management of the quality of construction works

1. A fine of between VND 15,000,000 and VND 20,000,000 on construction consultancy contractors that violate the regulations on management of the quality of construction works, thereby badly affecting the quality of the works or cause incidents to the works.

2. Apart from the sanctioning forms specified in Clause 1 of this Article, the violating construction consultancy contractors shall be also subject to the application of one or more of the following measures:

a/ Forcible compensation for damage caused by their administrative violations;

b/ Forcible compliance with the regulations on management of the quality of construction works.

Article 23.- Sanctioning of construction consultancy contractors that violate the regulations on the professional liability insurance regime

1. A fine of between VND 5,000,000 and VND 10,000,000 on construction consultancy contractors that fail to buy professional liability insurance as prescribed.

2. Apart from the sanctioning forms specified in Clause 1 of this Article, the violating construction consultancy contractors shall be also forced to buy professional liability insurance.

Article 24.- Sanctioning of construction consultancy contractors that violate the regulations on testing of, payment and settlement for, construction works

1. Fines:

a/ A fine of between VND 8,000,000 and VND 10,000,000 on construction consultancy contractors that commit one of the following acts: Delaying the finalization of dossiers and documents for payment and settlement as prescribed;

b/ A fine of between 10,000,000 and VND 15,000,000 on construction consultancy contractors that commit one of the following acts: Sham testing; testing wrong volumes; distorting the payment or settlement values in the construction consultancy and construction contracts.

2. Apart from the sanctioning forms specified in Clause 1 of this Article, the violating construction consultancy contractors shall be also subject to the application of the following measures:

a/ Forcible cancellation of the payment or settlement results, for violations specified at Point b, Clause 1 of this Article;

b/ Forcible compliance with the regulations on testing of, payment and settlement for, construction works.

Chapter III

SANCTIONING FORMS AND LEVELS FOR ADMINISTRATIVE VIOLATIONS IN URBAN INFRASTRUCTURE MANAGEMENT AND HOUSE USE MANAGEMENT

Section I. SANCTIONING FORMS AND LEVELS FOR ADMINISTRATIVE VIOLATIONS OF THE REGULATIONS ON URBAN INFRASTRUCTURE MANAGEMENT

Article 25.- Sanctioning of organizations, individuals that violate the regulations on protection of the safety areas of underground water wells

1. A caution or a fine of between VND 50,000 and VND 200,000 for one of the following acts: Defecating or urinating, dumping human wastes and garbage; rearing animals; growing trees, vegetables, subsidiary crops, and committing other violations in the safety areas of underground water wells.

2 A fine of between VND 200,000 and VND 500,000 for one of the following acts: Digging water pits, garbage pits, excrement pits, lime pits; burying carcasses, toxic substances in the safety areas of underground water wells.

3. Apart from the sanctioning forms specified in Clause 1 and Clause 2 of this Article, the violating organizations or individuals shall also be forced to remedy the pollution caused by their administrative violations.

Article 26.- Sanctioning of organizations, individuals that violate the regulations on protection of the safety areas of surface water sources

1. A caution or a fine of between VND 50,000 and VND 100,000 on one of the following acts: Bathing, washing clothes; rearing, tending animals in the areas of surface water sources; mooring boats, rafts; building ferry-landing docks in the areas of surface water sources.

2. Fines:

a/ A fine of between VND 400,000 and 500,000 on one of the following acts: washing equipment, vehicles; discharging oil, grease, toxic chemicals; dumping garbage, carcasses, plants, thereby polluting surface water sources;

b/ A fine of between VND 2,000,000 and VND 3,000,000 on one of the following acts: Discharging industrial waste water, daily-life waste water; draining agricultural water into the areas for safe protection of surface water sources;

c/ A fine of between VND 4,000,000 and VND 5,000,000 on acts of constructing works of any type on the ground, above the water surface or underwater in the areas for protection of surface water sources without permission of competent authorities.

3. Apart from the sanctioning forms specified in Clause 1 and Clause 2 of this Article, the violating organizations or individuals shall be subject to the following additional sanction and the application of one or more of the following measures:

a/ Confiscation of material evidences and/or means used in the administrative violations, for violations specified at Point c, Clause 2 of this Article;

b/ Forcible restoration of the original state which has been altered due to their administrative violations or forcible dismantlement of the violating parts of works or works;

c/ Forcible remedy of the pollution caused by their administrative violations.

Article 27.- Sanctioning of organizations, individuals that violate the regulations on protection of the safety corridors of crude water mains and clean water pipelines

1. Fines:

a/ A fine of between VND 200,000 and VND 400,000 for one of the following acts: Dumping garbage, dirty water; discharging earth, stones, building materials or leaving other things within the safety corridors of crude water mains or clean water pipelines;

b/ A fine of between VND 300,000 and VND 500,000 for one of the following acts: Digging or removing earth and stones in the safety corridors of crude water mains or clean water pipelines; encroaching upon the safety corridors of crude water mains or clean water pipelines for use for other purposes.

2. Apart from the sanctioning forms specified in Clause 1 of this Article, the violating organizations or individuals shall be subject to the following additional sanction and the application of one or more of the following measures:

a/ Confiscation of material evidences and/or means used in the administrative violations;

b/ Forcible remedy of the pollution caused by their administrative violations;

c/ Forcible restoration of the original state which has been altered due to their administrative violations;

d/ Forcible compliance with the regulations on safe protection of crude water mains and clean water pipelines.

Article 28.- Sanctioning of organizations, individuals that commit violations of safe protection of technical facilities belonging to the water supply system

1. A fine of between VND 300,000 and VND 500,000 for one of the following acts: Discharging excrements, garbage, defecating, urinating; rearing animals; growing trees, vegetables, subsidiary crops in; violating the safety regulations, encroaching restricted areas as prescribed and committing other violations in the safety areas of water towers, reservoirs, and other technical facilities belonging to the water supply system.

2. Apart from the sanctioning forms specified in Clause 1 of this Article, the violating organizations or individuals shall be subject to the following additional sanction and the application of one or more of the following measures:

a/ Confiscation of material evidences and/or means used in the administrative violations;

b/ Forcible remedy of the pollution caused by their administrative violations;

c/ Forcible compliance with the regulations on safe protection of technical facilities belonging to the water supply system.

Article 29.- Sanctioning of organizations, individuals that violate the regulations on protection and use of urban water supply networks

1. Fines:

a/ A fine of between VND 300,000 and VND 500,000 for one of the following acts: Connecting water supply pipelines, changing the diameter of water supply pipelines at variance of regulations; using water where it has not gone through water meters; distorting the readings of water meters; arbitrarily changing the position, size and type of water meters; removing seals or lead seals of measuring or counting devices at variance with regulations;

b/ A fine of between VND 500,000 and VND 1,000,000 for one of the following acts: Damaging water supply pipelines, technical equipment of the water supply system; displacing pipelines, technical equipment of the water supply system at variance with regulations; installing water supply pipelines without permits; using water from water supply networks for fire prevention and fight or fireplugs for purposes other than the prescribed ones.

2. Apart from the sanctioning forms specified in Clause 1 of this Article, the violating organizations or individuals shall be subject to the following additional sanction and the application of the following measure:

a/ Confiscation of material evidences and/or means used in the administrative violations;

b/ Forcible restoration of the original state which has been altered due to their administrative violations.

Article 30.- Sanctioning of organizations, individuals that violate the regulations on protection and use of the water drainage system

1. A caution or a fine of between VND 100,000 and VND 200,000 for one of the following acts: Discharging soil, rock, materials, garbage into rivers, lakes, canals, ditches, culverts, sluices; growing trees, vegetables, duckweeds, or committing other acts that block the flow of water drainage system.

2. Fines:

a/ A fine of between VND 300,000 and VND 500,000 for one of the following acts: Connecting or displacing without permission underground sluices, culverts; discharging toxic substances into the public water drainage system;

b/ A fine of between VND 500,000 and VND 1,000,000 for one of the following acts: filling up canals, ditches, ponds, lakes for public water drainage in contravention of regulations.

3. Apart from the sanctioning forms specified in Clause 1 and Clause 2 of this Article, the violating organizations or individuals shall be subject to the following additional sanction and the application of one or more of the following measures:

a/ Confiscation of material evidences and/or means used in the administrative violations;

b/ Forcible restoration of the original state which has been altered due to their administrative violations or forcible dismantlement of the violating parts of works or works;

c/ Forcible remedy of the pollution caused by their administrative violations.

Article 31.- Sanctioning of organizations, individuals that violate the regulations on protection of parks, public greenery

1. A caution or a fine of between VND 50,000 and VND 100,000 on organizations, individuals that commit one of the following acts: Damaging ornamental trees, flower gardens, lawns, driving nails into trees; throwing rubbish not at prescribed places; grazing buffaloes, cows, horses and other animals in parks or public places at variance with regulations.

2. Fines:

a/ A fine of between VND 100,000 and VND 500,000 for one of the following acts: Cutting tree branches; hanging advertisement boards onto trees in the streets and at public places at variance with regulations;

b/ A fine of between VND 500,000 and VND 1,000,000 for one of the following acts: Using works located in parks not for the right purposes; damaging cultural works, service facilities, public works in parks.

3. Apart from the sanctioning forms specified in Clause 1 and Clause 2 of this Article, the violating organizations or individuals shall be subject to the application of the following measures:

a/ Forcible restoration of the original state which has been altered due to the administrative violations, for violations specified at Point b, Clause 2 of this Article;

b/ Forcible compliance with the regulations on protection and use of works in parks, protection of public greenery.

Article 32.- Sanctioning of organizations, individuals that violate the regulations on protection, use of pavements, roadways and roadsides

1. A caution or a fine of between VND 100,000 and VND 200,000 on owners of transport means dropping loose materials, waste or discarded matters while carrying them, thus making streets dirty.

2. A fine of between VND 400,000 and VND 500,000 on organizations, individuals that commit one of the following acts: Digging, destroying, damaging pavements, roadways or roadsides without permits or in contravention of permits.

3. Apart from the sanctioning forms specified in Clause 1 and Clause 2 of this Article, the violating organizations or individuals shall be subject to the following additional sanction and the application of the following measure:

a/ Confiscation of material evidences and/or means used in the administrative violations, for violations specified in Clause 2 of this Article;

b/ Forcible restoration of the original state which has been altered due to the administrative violations.

Article 33.- Sanctioning of organizations, individuals that commit violations in gathering, transporting and dumping garbage

1. A caution or a fine of between VND 50,000 and VND 100,000 on organizations, individuals that dump garbage not at the prescribed places.

2. A fine of between VND 300,000 and VND 500,000 for organizations, individuals that gather or transport garbage at variance with regulations.

3. Apart from the sanctioning forms specified in Clause 1 and Clause 2 of this Article, the violating organizations or individuals shall be subject to the application of the following measures:

a/ Forcible remedy of the pollution caused by their administrative violations;

b/ Forcible compliance with the regulations on environmental safety and protection.

Article 34.- Sanctioning of organizations, individuals that violate the regulations on protection, use of the public lighting system

1. A fine of between VND 200,000 and VND 400,000 for one of the following acts: Damaging, illegally displacing; using equipment in the public lighting system at variance with regulations.

2. Apart from the sanctioning forms specified in Clause 1 of this Article, the violating organizations or individuals shall be subject to the following additional sanction and the application of the following measure:

a/ Confiscation of material evidences and/or means used in the administrative violations;

b/ Forcible restoration of the original state which has been altered due to their administrative violations.

Article 35.- Sanctioning of organizations, individuals that violate the regulations on protection, use of the system of tunnels, technical ditches and other urban infrastructural works

1. A fine of between VND 300,000 and VND 500,000 for one of the following acts: Using the system of tunnels, technical ditches without permits or not for the right purposes; digging, displacing, connecting tunnels, technical ditches without permission; violating the regulations on management and safe protection of other infrastructural works.

2. Apart from the sanctioning forms specified in Clause 1 of this Article, the violating organizations or individuals shall be subject to the following additional sanction and the application of the following measure:

a/ Confiscation of material evidences and/or means used in the administrative violations;

b/ Forcible restoration of the original state which has been altered due to their administrative violations.

Article 36.- Sanctioning of organizations which are assigned to manage, operate, exploit urban infrastructural works or services but violate the regulations on management, operation and exploitation of urban infrastructural works and services

1. Fines:

a/ A fine of between VND 500,000 and VND 1,000,000 for acts of failing to erect fences; failing to put up signal boards and failing to issue regulations on safe protection of urban infrastructural works;

b/ A fine of between VND 1,000,000 and VND 3,000,000 for failing to provide services as prescribed;

c/ A fine of between VND 3,000,000 and VND 5,000,000 for failing to maintain or repair urban infrastructural works according to regulations.

2. Apart from the sanctioning forms specified in Clause 1 of this Article, the violating organizations shall also be forced to strictly comply with the regulations on management, operation and exploitation of urban infrastructural works and services.

Section II. SANCTIONING FORMS AND LEVELS FOR VIOLATIONS OF THE REGULATIONS ON HOUSE USE MANAGEMENT

Article 37.- Sanctioning of organizations, individuals that violate the regulations on registration of transfer of ownership of dwelling houses

1. Fines:

a/ A fine of between VND 500,000 and VND 1,000,000 on organizations, individuals that bought, inherited, donated, divided dwelling houses before this Decree is promulgated but fail to carry out procedures to register the transfer of ownership of such dwelling houses within 12 months after the date this Decree takes effect;

b/ A fine of between VND 1,000,000 and VND 2,000,000 on organizations, individuals that inherit, donate or divide dwelling houses but fail to carry out the procedures to register the transfer of ownership of such dwelling houses as prescribed within 6 months afterwards;

c/ A fine of between VND 2,000,000 and VND 3,000,000 for organizations, individuals that buy dwelling houses but fail to carry out the procedures to register the transfer of ownership as prescribed by law within 6 months, counting from the date of signing of the dwelling house sale and purchase contracts.

For the cases of purchase of dwelling houses on deferred payment, the above-said time limit shall start from the time the purchasers make the full payment.

2. Apart from the sanctioning forms specified in Clause 1 of this Article, the violating organizations or individuals shall be also forced to strictly comply with the State’s regulations on registration of transfer of ownership of dwelling houses.

Article 38.- Sanctioning of organizations, individuals that violate the regulations on management of the use of condominiums

1. A caution or a fine of between VND 100,000 and VND 200,000 for one of the following acts: Using or letting other persons to use not for the prescribed purposes; disturbing the order and security of, polluting, condominiums.

2. Fines:

a/ A fine of between VND 200,000 and VND 300,000 for one of the following acts: Modifying without permission the structure, design (building partition walls on the floor, relocating equipment and technical systems under joint ownership);

b/ A fine of between VND 300,000 and VND 500,000 for one of the following acts: Breaking, renovating, building extensions in any form; dismantling or changing the force-bearing structures, the system of technical infrastructure, equipment and devices under common use, exterior architecture of condominiums.

3. Apart from the sanctioning forms specified in Clause 1 and Clause 2 of this Article, the violating organizations or individuals shall also be subject to the following additional sanction and the application of one or more of the following measures:

a/ Confiscation of material evidences and/or means used in the administrative violations;

b/ Forcible restoration of the original state which has been altered due to the administrative violations; forcible dismantlement of parts of works or works, for violations specified in Clause 2 of this Article;

c/ Forcible compliance with the regulations on use of condominiums.

Article 39.- Sanctioning of organizations, agencies that violate the regulations on management, use of public working offices

1. A fine of between VND 3,000,000 and VND 5,000,000 on organizations or agencies that commit one of the following acts: Using public working offices for the wrong purposes; transferring public working offices at variance with regulations.

2. Apart from the sanctioning forms specified in Clause 1 of this Article, the violating organizations or agencies shall be forced to strictly comply with the State's regulations on management and use of public working offices.

Article 40.- Sanctioning of organizations, individuals that violate the regulations on renting of houses to foreigners or overseas Vietnamese

1. Fines:

a/ A fine of between VND 3,000,000 and VND 5,000,000 for renting houses to foreigners or overseas Vietnamese after the contracts have expired for more than 30 days;

b/ A fine of between VND 4,000,000 and VND 6,000,000 for renting houses to foreigners or overseas Vietnamese without house renting contracts or with invalid house renting contracts.

2. Apart from the sanctioning forms specified in Clause 1 of this Article, the violating organizations or individuals shall also be forced to strictly comply with the regulations on house renting.

Article 41.- Sanctioning of foreign organizations and individuals, overseas Vietnamese that violate the regulations on house renting contracts, transfer of house renting contracts or house sub-letting in Vietnam

1. Fines:

a/ A fine of between VND 3,000,000 and VND 5,000,000 on the house lessees with dwelling house rent contracts having expired for more than 30 days;

b/ A fine of between VND 4,000,000 and VND 6,000,000 on the house tenants without house renting contracts or with invalid contracts;

c/ A fine of between VND 6,000,000 and VND 8,000,000 on the house tenants who transfer their house renting contracts or sub-letting dwelling houses at variance with regulations.

2. Apart from the sanctioning forms specified in Clause 1 of this Article, the violating organizations or individuals shall be also subject to the application of the following measures:

a/ Forcible cancellation of the house renting, for violations specified at Points b and c, Clause 1 of this Article;

b/ Forcible compliance with the regulations on house renting contracts, for violations specified at Point a, Clause 1 of this Article.

Article 42.- Sanctioning of overseas Vietnamese that violate the regulations on purchase of dwelling houses in Vietnam

1. A fine of between VND 10,000,000 and VND 12,000,000 on the parties that purchase dwelling houses at variance with law provisions.

2. Apart from the sanctioning forms specified in Clause 1 of this Article, the violating house purchasers shall be also forced to strictly comply with the State regulations on house purchase and sale applicable to overseas Vietnamese purchasing dwelling houses in Vietnam.

Chapter IV

COMPETENCE, PROCEDURES FOR SANCTIONING ADMINISTRATIVE VIOLATIONS IN CONSTRUCTION ACTIVITIES, URBAN INFRASTRUCTURE MANAGEMENT AND HOUSE USE MANAGEMENT

Section I. COMPETENCE TO SANCTION ADMINISTRATIVE VIOLATIONS

Article 43.- Sanctioning competence of commune-level People's Committee presidents

1. To serve cautions or impose fines depending on the violation acts and their seriousness specified in Article 6; Article 7; Article 8; Article 15; Article 25; Clause 1, Point a of Clause 2 of Article 26; Article 27; Article 28; Point a of Clause 1 of Article 29; Clause 1, Point a of Clause 2 of Article 30; Clause 1, Point a of Clause 2 of Article 31; Article 32; Article 33; Article 34; Article 35 and Article 38 of this Decree, with the fine amounts not exceeding VND 500,000.

2. To apply additional sanctioning forms.

To confiscate material evidences and/or means used in administrative violations, which are valued at up to VND 500,000.

3. To apply remedial measures:

a/ To force the restoration of the original state which has been altered due to administrative violations;

b/ To force the remedy of the environmental pollution caused by administrative violations.

4. To temporarily seize material evidences and/or means used for commission of administrative violations.

Article 44.- Sanctioning competence of district-level People's Committee presidents

1. To issue cautions or impose fines depending on the violation acts and their seriousness specified in Articles 6; Article 7; Article 8, Article 15; Article 16; Article 25; Article 26; Article 27; Article 28; Article 29; Article 30; Article 31; Article 32; Article 33; Article 34; Article 35; Article 36; Article 38; and Article 39 of this Decree, with the fine amounts not exceeding VND 20,000,000.

2. To apply additional sanctioning forms:

a/ To confiscate material evidences and/or means used in administrative violations;

b/ To deprive of the right to use permits falling under their competence.

3. To apply remedial measures:

a/ To force the restoration of the original state which has been altered due to administrative violations; to force the dismantlement of parts of works or works;

b/ To force the remedy of the environmental pollution caused by administrative violations.

Article 45.- Sanctioning competence of provincial-level People's Committee presidents

To impose fines of up to the maximum level for all acts of administrative violation prescribed in this Decree and, have other powers defined in Article 30 of the 2002 Ordinance on Handling of Administrative Violations.

Article 46.- Sanctioning competence of specialized inspection forces

1. Construction inspectors on duty shall be entitled:

a/ To impose cautions or fines depending on the violation acts and their seriousness specified in Clause 1 of Article 6; Article 7; Article 8; Point a of Clause 1 of Article 15; and Clause 1 of Article 38 of this Decree, with the fine amounts not exceeding VND 200,000;

b/ To apply additional sanctioning forms: To confiscate material evidences and/or means used in administrative violations, which are valued at up to VND 2,000,000;

c/ To force the restoration of the original state which has been altered due to administrative violations;

d/ To force the remedy of the environmental pollution caused by administrative violations.

2. Traffic-public works inspectors on duty shall be entitled:

a/ To impose cautions or fines depending on the violation acts and their seriousness specified in Clause 1 of Article 25; Clause 1 of Article 26; Clause 1 of Article 30; Clause 1 of Article 31; Clause 1 of Article 32 and Clause 1 of Article 33 of this Decree, with the fine amounts not exceeding VND 200,000;

b/ To confiscate material evidences and/or means used in administrative violations, which are valued at up to VND 2,000,000;

c/ To force the restoration of the original state which has been altered due to administrative violations;

d/ To force the remedy of the environmental pollution caused by administrative violations.

3. Land and house inspectors on duty shall be entitled:

a/ To impose cautions or fines depending on the violation acts and their seriousness specified in Clause 1 of Article 38 of this Decree, with the fine amounts not exceeding VND 200,000;

b/ To apply additional sanctioning forms: To confiscate material evidences and/or means used in administrative violations, which are valued at up to VND 2,000,000;

c/ To force the restoration of the original state which has been altered due to administrative violations;

d/ To force the remedy of the environmental pollution caused by administrative violations.

4. Sanctioning competence of chief inspectors (construction, traffic-public works, and land and house) of relevant provincial/municipal Services:

a/ To impose cautions or fines depending on the violation acts and their seriousness for all acts of violating the provisions of this Decree according to their respective State management functions, with the fine amounts not exceeding VND 20,000,000;

b/ To confiscate material evidences and/or means used in administrative violations;

c/ To deprive of the right to use permits and practicing certificates according to their respective competence;

d/ To force the restoration of the original state which has been altered due to administrative violations;

e/ To force the remedy of the environmental pollution caused by administrative violations; to force the dismantlement of parts of works or works;

5. Sanctioning competence of the chief inspector of the Construction Ministry:

To impose fines of up to the maximum level for acts of violating the provisions of this Decree, and have the powers defined in Clause 3, Article 38 of the 2002 Ordinance on Handling of Administrative Violations.

6. Sanctioning competence of specialized State inspectorates:

Persons with sanctioning competence of the specialized State inspectorates shall have competence to sanction administrative violations prescribed in this Decree and falling within the scope of their respective State management functions.

7. The organization and operation of the specialized construction inspectorate shall be prescribed by the Government.

Article 47.- Principles for determining the administrative violation-sanctioning competence

1. The presidents of the People's Committees at all levels shall have competence to sanction acts of violation prescribed by this Decree within the scope of their State management in their localities.

2. The administrative violation-sanctioning competence of specialized inspectorates is defined in Article 46 of this Decree.

For cases which fall under the competence of many agencies, the agency which is the first to detect such cases shall impose sanctions according to the principles prescribed in Article 3 of this Decree.

Section II. PROCEDURES FOR SANCTIONING ADMINISTRATIVE VIOLATIONS

Article 48.- Making records on acts of violation

1. Upon detecting administrative violations in construction activities, urban infrastructure management or house use management, the competent persons must promptly stop such acts of violation, sanction them according to simple procedures or make records of the violations and transfer them to competent persons for sanctioning.

2. Records shall be made with the full contents according to a set form.

A record must be made in at least 2 copies, one of which to be handed to the violating organization or individual and the other to be filed for sanctioning; for acts of violation falling beyond one's competence, the dossiers of the violations shall be transferred to competent authorities for settlement.

Article 49.- Time limits for issuance of sanctioning decisions, payment and collection of fines

1. Within 10 working days as from the time of marking records on the acts of administrative violation, the competent persons must issue sanctioning decisions. For cases involving many complicated circumstances, the time limit for issuing sanctioning decisions shall not exceed 30 days. Sanctioning decisions must be sent to the sanctioned organizations or individuals as well as the fine-collecting agencies within 3 days as from the date of their issuance.

2. The violating organizations or individuals must, within 10 days as from the date of being handed the sanctioning decisions, pay fines at the places indicated in the sanctioning decisions, for which they shall be given receipts.

3. In case of sanctioning administrative violations in the form of a caution or a fine of up to VND 100,000, the persons with sanctioning competence shall issue sanctioning decisions on spot without having to make records thereon, and at the same time issue receipts to the sanctioned persons according to regulations.

Article 50.- Compliance with sanctioning decisions

1. Organizations or individuals sanctioned for administrative violations must comply with the sanctioning decisions within 10 working days as from the date of receiving such decisions.

2. If organizations or individuals sanctioned for administrative violations fail to voluntarily comply with the sanctioning decisions, they shall be forced to do so.

Article 51.- Competence to issue decisions to force, and forcing of, the compliance with administrative violation-sanctioning decisions

1. The presidents of the People's Committees at all levels, the specialized chief inspectors of provincial/municipal Services, and the specialized chief inspectors of ministries shall have competence to issue coercion decisions, and organize the coercion within 10 working days after the expiry of the time limit stated in the sanctioning decisions if the sanctioned organizations or individuals fail to comply with the sanctioning decisions.

2. If organizations or individuals sanctioned for administrative violations fail to voluntarily comply with the sanctioning decisions, they shall be forced to strictly comply with such decisions by the following measures:

a/ Subtracting part of their salaries or incomes, subtracting money in their bank accounts;

b/ Distraining their assets of a value equal to the imposed fine amounts for auction;

c/ Forcing the dismantlement of the violating parts of works or works already built; confiscating material evidences and/or means used in their administrative violations; forcing the restoration of the original state already altered due to their administrative violations; forcing the application of measures to remedy the environmental pollution.

3. The organizations or individuals subject to the coercion decisions must strictly comply with such decisions and bear all expenses for the organization of the application of the coercive measures.

4. The people' police force shall have the duty to participate in maintaining order and safety in the process of executing the coercion decisions.

Article 52.- Confiscation and handling of material evidences and/or means

1. When applying the form of confiscating material evidences and/or means used in administrative violations, the persons with handling competence must make records thereon and issue decisions to confiscate such material evidences and/or means, made according to a set form.

2. The issuers of the decisions to confiscate material evidences and/or means shall have to organize the preservation thereof or ask the violators to manage by themselves such material evidences and/or means pending the handling thereof.

3. In case of necessity, the material evidences and/or means used in administrative violations must be sealed up.

4. The material evidences and/or means confiscated in administrative violations must be handled according to current regulations.

Chapter V

COMPLAINTS, DENUNCIATIONS, COMMENDATION, HANDLING OF VIOLATIONS

Article 53.- Complaints, denunciations

1. Organizations or individuals sanctioned for administrative violations or their lawful representatives may complain about the sanctioning decisions of the competent persons according to the law provisions on complaints and denunciations. Pending the settlement of their complaints by competent agencies, the sanctioned organizations or individuals must still comply with the sanctioning decisions, except for the case of forcible dismantlement of the violating parts of works or works.

If the complainants disagree with the complaint-settling decisions, they shall be entitled to further complain with the immediate superior authorities of the issuers of the sanctioning decisions within 10 days as from the date of receiving the complaint-settling decisions or initiate administrative lawsuits at competent courts.

2. Vietnamese citizens shall have the right to denounce to competent State bodies organizations and individuals that commit acts of administrative violation prescribed in this Decree and denounce persons with administrative violation-sanctioning competence who abuse their powers to act against the provisions of this Decree.

3. The procedures for lodging complaints and denunciations and for settling complaints shall comply with the law provisions on complaints and denunciations.

Article 54.- Commendation

Organizations and individuals that make achievements in the management of construction order, urban infrastructure management and house use management shall be commended and/or rewarded in time according to law provisions.

Article 55.- Handling of violations

1. If the persons with administrative violation-sanctioning competence abuse their powers, tolerate, cover up, fail to sanction, sanction administrative violations lately, improperly or beyond their prescribed powers and responsibilities, they shall, depending on the nature and seriousness of their violations, be disciplined or examined for penal liability; and, if causing material damage, pay compensation therefor according to law provisions.

2. If organizations and individuals that violate the provisions of this Decree fail to comply with the sanctioning decisions, they shall be forced to do so; if obstructing or opposing the officials on duty or employ deceitful tricks or offer bribes in order to shirk the examination, inspection and sanctioning by competent persons, they shall, depending on the nature and seriousness of their violations, be handled according to law provisions.

Chapter VI

IMPLEMENTATION PROVISIONS

Article 56.- Implementation effect

This Decree takes effect 15 days after its publication in the Official Gazette and replaces the Government's Decree No. 48/CP of May 5, 1997 on sanctioning of administrative violations in management of construction, management of houses and urban technical infrastructural works.

Article 57.- Implementation guidance

The Ministry of Construction shall have to guide and examine the implementation of this Decree.

Article 58.- Implementation responsibility

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