Decree No. 139/2017/ND-CP dated November 27, 2017 of the Government on penalties for administrative violations against regulations on investment and construction; extraction, processing and trading of minerals used in construction, production and trading of building materials; management of infrastructural constructions; real estate business, housing development, management and operation of apartment buildings and office buildings

THE GOVERNMENT

Decree No. 139/2017/ND-CP dated November 27, 2017 of the Government on penalties for administrative violations against regulations on investment and construction; extraction, processing and trading of minerals used in construction, production and trading of building materials; management of infrastructural constructions; real estate business, housing development, management and operation of apartment buildings and office buildings

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

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

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

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

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

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

Pursuant to the Law on Minerals dated November 17, 2010;

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

At the request of the Minister of Construction;

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

Chapter I

GENERAL PROVISIONS

Article 1. Scope of adjustment and subject of application

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

2. This Decree applies to:

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

b) Authorities and officers that have the power to impose administrative penalties, and organizations and individuals related to the imposition of administrative penalties in accordance with regulations herein.

Article 2. Interpretation of terms

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

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

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

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

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

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

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

Article 3. Penalties and remedial measures

1. Principal penalties:

a) A warning;

b) A fine.

2. Additional penalties:

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

3. Remedial measures:

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

a) Enforced restoration to initial state;

b) Enforced implementation of environmental pollution control measures;

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

d) Enforced demolition of works or work items built illegally;

dd) Other remedial measures specified herein.

Article 4. Maximum fines

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

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

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

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

Article 5. Prescriptive periods for administrative violations punishable

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

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

3. Determination of prescriptive periods of administrative violations punishable:

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

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

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

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

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

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

Chapter II

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

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

Article 7. Violations against regulations on selection of organizations/individuals to perform investment and construction activities

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

a) Construction surveying;

b) Construction planning;

c) Formulation of construction project;

d) Appraisal of construction project;

dd) Management of construction project;

e) Construction design;

g) Appraisal of construction design and estimate;

h) Construction execution;

i) Construction supervision;

k) Management of construction costs; construction valuation;

l) Construction inspection;

m) Construction experiments.

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

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

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

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

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

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

3. Additional penalties: Suspend construction activities up to 03 months if the violation specified in Point dd Clause 1 of this Article is committed.

4. Remedial measures:

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

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

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

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

Article 8. Violations against regulations on construction surveying

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

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

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

b) Refusing to accept or give approval for a construction survey report as regulated.

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

a) Failure to elaborate or approve construction survey tasks;

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

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

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

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

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

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

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

i) Failure to carry out additional surveying in case the existing topographic map is unconformable with the actuality or expires at the time of formulating the construction planning or urban planning or only cadastral map is available;  

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

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

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

4. Remedial measures:

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

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

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

Article 9. Violations against regulations on construction planning

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

a) Failure to comply with procedures and formalities for formulating/ establishing construction planning tasks, construction planning project, tasks of adjustment of the construction planning or project for adjustment of the construction planning;

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

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

Article 10. Violations against regulations on adjustment of construction planning

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

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

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

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

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

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

a) Failure to establish the construction project in cases where the construction project must be established in accordance with applicable regulations;

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

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

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

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

a) The investor;

b) Sources of funding;

c) Total investment.

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

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

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

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

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

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

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

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

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

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

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

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

b) Giving approval for a construction design or cost estimate inconsistently with procedures or formalities established by law or design dossier requirements;

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

g) Failure to comply with procedures, formalities and contents prescribed by law when organizing entrance examination or selection of architectural designers.

4. Remedial measures:

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

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

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

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

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

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

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

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

i) Enforced approval for the construction design in accordance with national technical regulations and applicable standards provided the construction work is not yet executed or in progress if the violation prescribed in Point c Clause 2 of this Article is committed;

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

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

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

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

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

Article 13. Violations against regulations on urban development investment  

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

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

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

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

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

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

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

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

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

3. Remedial measures:

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

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

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

d) Enforced completion of procedures for certification of land use rights and ownership of infrastructural constructions in accordance with applicable regulations if the violation prescribed in Point d Clause 2 of this Article is committed;

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

Article 14. Violations against regulations on commencement of construction works

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

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

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

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

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

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

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

c) The construction contract signed by and between the investor and the contractor;

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

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

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

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

Article 15. Violations against regulations on construction order

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

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

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

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

a) A fine ranging from VND 3,000,000 to VND 5,000,000 shall be imposed for construction of single-detached house in urban area;

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

b) Constructing the work in violation of construction boundaries;

c) Constructing the work in violation of construction elevations;

d) Constructing the work in breach of secure corridors of national defense and security works or traffic works (except the cases prescribed by the Government’s Decrees on administrative penalties for violations against regulations on road and rail transport), irrigational works, flood control system, energy works, cultural and historical relics or other construction works in accordance with law regulations; constructing the work in an area with warning of landslide, inundation or flash flood (except the cases where a construction work is built to respond to these problems);

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

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

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

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

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

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

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

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

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

10. Additional penalties: Suspend the building permit (if any) up to 12 months if the violation prescribed in Clause 9 of this Article is committed.

11. Remedial measures:

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

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

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

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

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

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

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

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

13. With regard to the violation prescribed in Clause 12 of this Article, if the finished work or work item is inconsistent with the building permit or the adjusted building permit, the organization or individual committing such violation is liable to demolish such work or work item before performing construction activities.

Article 16. Violations against regulations on execution of construction works

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

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

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

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

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

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

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

b) Failure to prepare as-built documentation.

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

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

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

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

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

a) Failure to inspect resulting in the building contractor’s failure to adhere to the approved execution process design;

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

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

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

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

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

5. A fine ranging from VND 70,000,000 to VND 80,000,000 shall be imposed for failure to comply with regulations on use of unbaked building materials.

6. Remedial measures:

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

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

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

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

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

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

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

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

i) Enforced execution of the construction work in conformity with national technical regulations or applicable standards if the violation prescribed in Point c Clause 4 of this Article is committed;

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

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

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

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

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

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

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

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

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

a) A fine ranging from VND 70,000,000 to VND 90,000,000 shall be imposed for submission of construction cost statement after 09 months from the completion of a nationally significant project or a group-A project;

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

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

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

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

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

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

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

6. Remedial measures:

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

b) Enforced completion and submission of the construction cost statement to the investment decision-making officer within 01 month after the completion of the construction work if the violation prescribed in Clause 3 of this Article is committed;

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

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

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

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

Article 18. Violations against regulations on construction contracts

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

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

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

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

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 decision-making officer);  

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

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

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

3. Remedial measures:

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

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

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

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

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

a) Failure to give approval for the procedure for maintenance of construction work in accordance with regulations;

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

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

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

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

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

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

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

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

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

b) Failure to conduct monitoring of the construction work as regulated;

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

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

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

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

4. Remedial measures:

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

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

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

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

dd) Enforced formulation, appraisal and approval for the estimate of maintenance costs by the owner or manager of the state-funded construction work if the violation prescribed in Point dd Clause 2 of this Article is committed;

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

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

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

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

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

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

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

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

Article 21. Violations against regulations on construction incidents

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

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

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

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

2. Remedial measures:

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

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

Article 22. Violations against regulations on management of construction project

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

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

Article 23. Violations against regulations on eligibility requirements

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

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

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

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

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

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

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

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

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

dd) Key position holders’ failure to possess professional training certificates in specialized activities of the construction project as regulated by law.

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

a) Committing reporting policies;

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

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

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

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

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

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

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

i) Failure to conduct quality inspection of building materials and equipment imported under the building contract or failure to conduct safety inspection of building equipment as regulated by law.

4. Additional penalties:

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

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

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

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

5. Remedial measures:

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

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

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

d) Enforced compliance with regulations if the violation prescribed in Point d Clause 2 of this Article is committed;

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

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

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

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

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

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

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

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

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

o) Enforced inspection of quality of imported materials and equipment and enforced re-export of materials and equipment which fail to satisfy quality requirements specified in the contract, or technical regulations/standards of Vietnam in case the contract does not include specific provisions on quality inspection of building equipment, if the violation prescribed in Point i Clause 3 of this Article is committed.

Article 24. Violations against regulations on bid package

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

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

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

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

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

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

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

5. Remedial measures:

a) Enforced cancellation of test results or ungrounded data and documents if the violation prescribed in Clause 2 or Clause 3 of this Article is committed;

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

Article 26. Violations against regulations on construction surveying

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

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

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

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

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

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

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

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

c) Preparing construction survey task or construction survey technical plan that is unconformable with class or type of the construction work or type of construction survey;

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

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

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

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

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

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

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

4. Remedial measures:

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

b) Enforced preparation of survey tasks, construction survey technical plan and surveying of construction works which are not yet executed if one of the violations prescribed in Point a, Point b, Point c and Point dd Clause 2 of this Article is committed;

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

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

Article 27. Violations against regulations on construction planning

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

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

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

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

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

a) Preparing planning task which lacks any prescribed contents;

b) Failure to get opinions from relevant authorities, organizations, individuals or residential communities about urban planning task or project;

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

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

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

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

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

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

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

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

5. Remedial measures:

a) Enforced use of topographic maps to formulate the construction planning project as regulated by law if the violation prescribed in Point b Clause 2 of this Article is committed;

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

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

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

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

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

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

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

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

b) Reporting inaccurate appraisal results.

2. A fine ranging from VND 30,000,000 to VND 40,000,000 shall be imposed for carrying out the appraisal of construction project later than the prescribed schedule. To be specific:

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

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

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

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

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

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

a) Preparing construction design inconsistently with regulations;

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

4. Additional penalties:

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

5. Remedial measures:

a) Enforced consideration of types or percentages of building materials in the construction design or the cost estimate in case the construction work is not yet executed or is in progress if the violation prescribed in Point b Clause 2 of this Article is committed;

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

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

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

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

Article 30. Violations against regulations on construction order

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

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

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

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

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

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

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

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

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

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

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

4. Remedial measures:

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

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

Article 31. Violations against regulations on safety in execution of construction works

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

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

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

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

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

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

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

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

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

b) Failure to purchase insurance for construction workers as regulated by law.

4. Remedial measures:

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

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

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

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

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

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

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

Article 32. Violations against regulations on execution of construction works

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

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

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

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

d) Loss of positioning landmarks or boundary markers.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

a) Failure to establish quality control system or establishing the quality control system inconsistently with the scale of the construction work;

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

7. Remedial measures:

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

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

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

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

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

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

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

h) Enforced execution of the construction work according to the approved design, technical instructions or the approved execution process design if the violation prescribed in Point b or Point d Clause 5 of this Article is committed;

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

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

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

Article 33. Violations against regulations on construction supervision

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

a) Failure to supervision construction tasks as regulated;

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

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

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

a) Falsifying supervision results;

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

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

3. Remedial measures:

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

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

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

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

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

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

2. A fine ranging from VND 20,000,000 to VND 30,000,000 shall be imposed for delaying completion of documents/papers to serve the commissioning of the construction work, payment and statement of construction costs as regulated.

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

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

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

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

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

5. Remedial measures:

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

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

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

d) Enforced commissioning of the construction work in accordance with applicable regulations if the violation prescribed in Clause 4 of this Article is committed.

Article 35. Violations against regulations on construction contracts

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

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

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

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

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

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

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

Article 37. Violations against regulations on retention of documents

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

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

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

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

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

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

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

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

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

a) Failure to comply with procedure for quality inspection;

b) Inaccurately report on inspection results;

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

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

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

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

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

4. Remedial measures:

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

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

Chapter III

ADMINISTRATIVE VIOLATIONS, PENALTIES AND REMEDIAL MEASURES IN EXTRACTION, PROCESSING AND TRADING OF MINERALS USED IN CONSTRUCTION; PRODUCTION AND TRADING OF BUILDING MATERIALS

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

8. Remedial measures:

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

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

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

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

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

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

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

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

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

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

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

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

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

d) Using scrap from asbestos-containing building materials as raw materials for road pavement.

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

a) Using asbestos whose origin is unidentified as regulated;

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

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

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

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

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

Chapter IV

ADMINISTRATIVE VIOLATIONS, PENALTIES, FINES AND REMEDIAL MEASURES IN
MANAGEMENT OF INFRASTRUCTURAL CONSTRUCTIONS

Section 1. VIOLATIONS AGAINST REGULATIONS ON WATER SUPPLY AND DRAINAGE

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

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

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

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

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

5. Remedial measures:

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

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

c) Enforced demolition of the work or work items built inconsistently with regulations (if any) if the violation prescribed in Clause 4 of this Article is committed.

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

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

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

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

4. Remedial measures:

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

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

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

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

2. A warning or a fine ranging from VND 500,000 to VND 1,000,000 shall be imposed for committing violations against regulations on safety, protection of safety areas of elevated tanks, reservoirs or other constructions of the water supply and drainage system.

3. Remedial measures:

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

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

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

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

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

b) Deliberately tampering with the water meter;

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

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

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

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

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

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

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

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

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

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

5. Remedial measures:

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

b) Enforced transfer of illegal benefits obtained from one of the administrative violations prescribed in Point a, Point b, Point c Clause 1 and Point b Clause 2 of this Article;

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

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

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

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

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

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

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

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

c) Deliberately moving underground pipes or manholes.

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

a) Discharging hazardous substances into the public sewer system;

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

4. Remedial measures:

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

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

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

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

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

Article 48. Violations against regulations on management of detention basins

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

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

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

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

2. Remedial measures:

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

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

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

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

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

b) Failure to establish or establishment of the procedure for management and operation of the wastewater drainage system which fails to satisfy technical requirements.

2. Remedial measures:

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

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

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

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

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

a) Discharging untreated sludge into the environment;

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

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

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

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

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

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

a) Discharging untreated septic tank sludge into the environment;

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

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

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

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

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

2. A fine ranging from VND 2,000,000 to VND 5,000,000 shall be imposed on the unit in charge of managing and operating public light system for failure to submit periodic reports to competent authorities as regulated.

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

a) Damaging equipment of or the public light system;

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

4. Remedial measures:

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

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

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

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

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

a) Building platforms around trees on streets, parks or other public places inconsistently with regulations;

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

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

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

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

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

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

d) Using structures in the park for wrong purposes;

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

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

g) Failure to comply with regulations on maintenance, caring and development of urban green spaces.

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

5. Remedial measures:

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

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

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

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

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

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

b) Transfer of single grave space inconsistently with regulations;

c) Failure to prepare or keep cemetery-related documents as regulated;

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

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

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

b) Failure to close the cemetery as regulated;

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

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

a) Failure to satisfy capacity requirements as regulated;

b) Appointing an unqualified person to operate the crematory;

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

d) Failure to prepare logbook and keep cremation-related documents as regulated;

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

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

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

6. Remedial measures:

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

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

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

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

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

a) Unlawfully joining underground lines or pipelines;

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

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

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

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

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

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

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

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

4. Remedial measures:

a) Enforced compliance with regulations on management, operation and maintenance of shared technical infrastructure if the violation prescribed in Clause 1 of this Article is committed;

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

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

Chapter V

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

Section 1. VIOLATIONS AGAINST REGULATIONS ON REAL ESTATE BUSINESS

Article 57. Violations against regulations on real estate business

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

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

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

c) Failure to make contracts or failure to specify all required contents in contracts for real estate business; failure to make notarization or certification of contracts as regulated by law;

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

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

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

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

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

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

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

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

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

c) Failure to ensure construction progress of the real estate trading project or the housing construction project as approved by competent authority;

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

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

e) Giving authorization or delegation to a party of an investment cooperation, joint venture, association, partnership or the capital contributor to sign contracts for sale, transfer or lease purchase of real estate;

g) Refusal to make certification without legitimate reasons or failure to make certification on the written agreement for transfer of the contract for sale or lease purchase of the off-the-plan property;

h) Transferring the contract for lease purchase of an existing house or building, or transferring the contract for sale or lease purchase of off-the-plan house or building inconsistently with regulations;

i) Failure to comply with applicable regulations on prices for sale, transfer, lease and lease purchase of property.

4. A fine ranging from VND 270,000,000 to VND 300,000,000 shall be imposed on the investor of a real estate project for one of the following violations:

a) Failure to follow procedures for full or partial transfer of the project;  

b) Failure to satisfy all requirements or conditions for full or partial transfer of project;

c) Penalties prescribed in the Government s Decree on administrative penalties for violations against regulations on land shall be imposed for transfer cases where certificate of land use right is unavailable, or the land use right is in dispute or under seizure to enforce judgment, or where the transferee is not a real estate trading enterprise or is financially incapable as regulated;

d) Transfer of houses and buildings to clients before they are finished according to the construction progress specified in the approved project, or they are not connected to the regional technical infrastructure system, or before external parts of rough-in buildings are not finished, or housing works or social infrastructure systems are not properly commissioned as regulated by law;

dd) Unlawful mobilization or appropriation of capital; using capital mobilized from organizations and individuals or option fees paid by buyer, lessee or tenant of off-the-plan property for wrong purposes.

5. Additional penalties: Suspend real estate business up to 12 months if the violation prescribed in Point a, Point b or Point e Clause 3 of this Article is committed.

6. Remedial measures:

a) Enforced announcement of information about real estate project or housing construction project as regulated by law if the violation prescribed in Point b Clause 1 of this Article is committed;

b) Enforced preparation of contracts in accordance with regulations or enforced application for notarization or certification of contracts if the violation prescribed in Point c Clause 1 of this Article is committed;

c) Enforced compliance with regulations if the violation prescribed in Point d Clause 1 of this Article is committed;

d) Enforced transfer of illegal benefits obtained from the administrative violation prescribed in Point dd Clause 1 of this Article;

dd) Enforced re-preparation of contract if the violation prescribed in Point a Clause 2 of this Article is committed;

e) Enforced notification to relevant parties of restrictions and compensation for damage (if any) if the violation prescribed in Point b Clause 2 of this Article is committed;

g) Enforced payment of difference and compensation for damage (if any) if the violation prescribed in Point c Clause 2 of this Article is committed;

h) Enforced reimbursement of expenses (as requested) and compensation for damage (if any) if the violation prescribed in Point c or Point d Clause 3 of this Article is committed;

i) Enforced completion of procedures for issuance of certificate or enforced provision of relevant documents/papers to buyers or tenants if the violation prescribed in Point dd Clause 3 of this Article is committed;

k) Enforced certification as regulated by law if the violation prescribed in Point g Clause 3 of this Article is committed;

l) Enforced restoration to the initial state, payment of expenses to the transferee and compensation for damage (if any) if the violation prescribed in Point h Clause 3 or Point a or Point b Clause 4 of this Article is committed;

m) Enforced completion of construction works according to regulations or commitments and enforced compensation for damage (if any) if the violation prescribed in Point d Clause 4 of this Article is committed;

n) Enforced compliance with regulations or commitments and compensation for damage (if any) to the buyer or tenant if the violation prescribed in Point dd Clause 4 of this Article is committed.

Article 58. Violations against regulations on provision of real estate services

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

a) Failure to obtain practicing certificate or using an expired practicing certificate to provide independent real estate brokerage services;

b) Erasing, falsifying, borrowing or lending practicing certificate in real estate brokerage.

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

a) Failure to establish an enterprise to provide real estate services as regulated by law or failure to employ enough employees who have practicing certificates in real estate brokerage as regulated by law or employing persons whose practicing certificates have expired;

b) Failure to prepare contracts or failure to specify all required contents in contracts for provision of real estate services as regulated by law;

c) Failure to comply with reporting provisions applicable to enterprises providing real estate services or real estate trading floor services, or individuals providing independent real estate brokerage services;

d) Failure to establish regulations on operation or have name and address of real estate trading floor as regulated, or failure to comply with the operating regulations approved by a competent authority;

dd) Collecting fees of real estate services other than the ones prescribed by law.

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

a) Trading real estate types which fail to satisfy trading requirements on the real estate trading floor;

b) Failure to provide or provision of insufficient or inaccurate documents and information about the real estate to be traded through brokerage service.

4. Additional penalties: Suspend provision of real estate trading floor services for 06 - 12 months if the violation prescribed in Point a Clause 3 of this Article is committed.

5. Remedial measures:

a) Submission of request to competent authority for revocation of practicing certificate if the violation prescribed in Point b Clause 1 of this Article is committed;

b) Enforced transfer of illegal benefits obtained from the administrative violation prescribed in Point dd Clause 2 of this Article.

Article 59. Violations against regulations on management and use of housing and real estate market information

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

a) Failure to provide or provision of inaccurate or insufficient or delayed provision of real estate market information to the agency in charge of managing the housing and real estate market database as regulated by law;

b) Failure to obtain an approval from the agency in charge of managing the housing and real estate market database as regulated by law before providing housing and real estate market data provided by a competent authority for the third party; 

c) Failure to make explanation about real estate market information upon the request of the agency in charge of managing the housing and real estate market database;

d) Falsifying, causing damage or loss of housing information and data;

dd) Illegally obtaining or destroying or damaging housing or real estate market information or data;

e) Obstructing the lawful collection and use of housing or real estate market information.

2. Remedial measures:

a) Enforced provision of sufficient and accurate information to the agency in charge of managing the housing and real estate market database if the violation prescribed in Point a Clause 1 of this Article is committed;

b) Enforced compliance with regulations on collection and use of information if the violation prescribed in Point e Clause 1 of this Article is committed.

Article 60. Violations against regulations on training and improving knowledge of real estate brokerage practice, and management of real estate trading floors

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

a) Employing unqualified lecturers;

b) Failure to follow the prescribed template of certificate of completion of training course;

c) Failure to submit reports on each training course or periodical reports to competent authorities as regulated by law;

d) Failure to provide training institution’s profile for Ministry of Construction and Department of Construction of Province where such training institution’s head office is located for publishing on their websites as regulated by law;

dd) Failure to provide real estate trading floor’s profile for Ministry of Construction and Department of Construction of Province where such real estate trading floor’s head office is located for publishing on their websites as regulated by law;

e) Failure to keep training documents or materials related to each examination as regulated by law.

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

a) Failure to organize testing or examination or classification of training results for trainees as regulated by law;

b) Failure to obtain the approval for exam questions as regulated by law before using them in the examination for real estate broker license;

c) Giving permission to an unqualified trainee to attend the examination for real estate broker license;

d) Failure to promulgate the Regulation on training management or application of a training management Regulation which lacks required contents.

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

a) Using teaching materials inconsistently with the framework program;

b) Issuance of certificates to trainees despite of failure to ensure teaching volume and training programs as regulated.

4. A fine ranging from VND 60,000,000 to VND 70,000,000 shall be imposed for one of the following violations:

a) Using examination fees inconsistently with regulations;

b) Failure to properly manage exam questions or keep them from revelation.

5. Remedial measures:

a) Enforced nullification of training results or exam results if one of the violations prescribed in Point a, Point b and Point c Clause 2 of this Article is committed;

b) Enforced compliance with regulations if the violation prescribed in Clause 3 of this Article is committed;

c) Enforced recovery of examination fees spent inconsistently with regulations by training institution if the violation prescribed in Point a Clause 4 of this Article is committed.

Article 61. Violations against regulations on training and improvement of professional and operational knowledge of management and operation of apartment buildings (hereinafter referred to as training in management of apartment buildings)

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

a) Failure to organize training courses at the prescribed training locations;

b) Employing unqualified lecturers;

c) Failure to have teaching diary;

d) Failure to follow the prescribed template of certificate of completion of training course in management of apartment buildings;

dd) Failure to submit reports on training activities to competent authorities as regulated;

e) Failure to keep training documents as regulated.

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

a) Using teaching materials inconsistently with the framework program;

b) Failure to ensure teaching volume and training programs as regulated;

c) Failure to comply with regulations on issuance of certificate of completion of training course.

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

a) Borrowing, hiring, lending or leasing legal status to carry out training activities;

b) Failure to obtain a certificate of eligibility to organize training courses from a competent authority before organizing training courses.

4. Additional penalties: Suspend the certificate of eligibility to organize training courses for 06 – 12 months if the violation prescribed in Clause 2 or Point a Clause 3 of this Article is committed.

5. Remedial measures:  Enforced nullification of training results and revocation of certificates of completion of training course issued to trainees if one of the violations prescribed in Point b, Point c Clause 2 and Point a Clause 3 of this Article is committed (excluding lending or leasing legal status).

Section 2. VIOLATIONS AGAINST REGULATIONS ON HOUSING DEVELOPMENT

Section 62. Violations against regulations on housing development

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

a) Failure to submit reports on implementation and completion of housing construction projects to competent authorities as regulated by law;

b) Naming or changing name of a housing construction project or names of regions in a housing construction project inconsistently with regulations or without approval decisions from competent authorities.

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

a) Failure to obtain the approval from a competent authority before modifying one of the following contents after the state-funded housing construction project: Implementation progress, type of building, total floor area, number of apartments, rates of types of houses and total investment;

b) Failure to leave land area or failure to leave enough land area in a project on construction of commercial houses to build social houses as regulated by law;

c) Failure to provide commercial houses in the project for occupiers of demolished building apartments who do not wish to relocate as regulated by law;

d) Failure to build houses to serve the relocation in the planning area for construction of houses for workers of industrial parks in the project on construction of industrial park infrastructure if the occupiers of demolished houses do not wish to relocate, or failure to provide housing in other places for relocated people as regulated by law;

dd) Failure to provide land area to serve production activities of people who are relocated according to the housing construction project so as to serve the relocation in rural areas under the approved relocation plan;

e) Deliberately changing designed area of house and auxiliary work (if any) after the relocation plan has been given approval by a competent authority;

g) Failure to provide enough social housing for lease as regulated by law (in case the social housing construction project is located at a region where the formulation of project on construction of social housing for lease is not mandatory).

3. Remedial measures:

a) Enforced submission of reports on project implementation to competent authorities if the violation prescribed in Point a Clause 1 of this Article is committed;

b) Enforced naming or change of project’s name or names of regions in the project in conformity with applicable regulations if the violation prescribed in Point b Clause 1 of this Article is committed;

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

d) Enforced provision of land area for social housing construction as regulated by law if the violation prescribed in Point b Clause 2 of this Article is committed;

dd) Enforced provision of commercial housing in the project to people who do not wish to relocate or enforced negotiation on providing housing in other places with relocated people if the violation prescribed in Point c Clause 2 of this Article is committed;

e) Enforced arrangement and provision of land area to serve production for relocated people according to the approved relocation plan if the violation prescribed in Point dd Clause 2 of this Article is committed;

g) Enforced demolition of works or work items built inconsistently with regulations or enforced modification of designed area of house and auxiliary work according to the relocation plan approved by a competent authority if the violation prescribed in Point e Clause 2 of this Article is committed;

h) Enforced provision of adequate social housing for lease if the violation prescribed in Point g Clause 2 of this Article is committed.

Article 63. Violations against regulations on management of housing transactions

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

a) Sale, lease or lease purchase of state-owned housing ultra vires, or to unqualified persons or inconsistently with prescribed conditions;

b) Sale, lease or lease purchase of social housing to unqualified persons or inconsistently with prescribed conditions.

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

a) State-owned house lessee or tenant’s exchange, sale, sub-lease or borrowing of house without the approval by a competent authority as regulated by law;

b) Social house lessee or tenant or buyer’s sale, sub-lease or borrowing of social house inconsistently with regulations;

c) Failure to comply with regulations on transfer of contract for sale of commercial house;

d) Sale, lease purchase, donation, exchange, mortgage or contribution of capital by a house which fails to satisfy requirements thereof prescribed by law.

3. The following penalties shall be imposed on foreign organizations and individuals for violations against housing regulations:

a) A fine ranging from VND 10,000,000 to VND 20,000,000 shall be imposed on a foreign lessor for failure to send a written notification to the housing authority of district where leasing house is located;

b) A fine ranging from VND 30,000,000 to VND 40,000,000 shall be imposed for failure to make payments for purchase or lease purchase of house through a credit institution which legally operates in Vietnam;

c) A fine ranging from VND 70,000,000 to VND 80,000,000 shall be imposed for ownership of house, or other housing transactions conducted in Vietnam with improper person or inconsistently with the prescribed conditions or in excess of the prescribed quantity, or ownership of a house located in a region where foreign organizations and individuals are not allowed to own houses;

d) A fine ranging from VND 80,000,000 to VND 100,000,000 shall be imposed on a house owner that is a foreign organization for use of owned house for lease, or as a working office, or a purpose other than as an accommodation for its employees.

4. A fine ranging from VND 100,000,000 to VND 150,000,000 shall be imposed on the investor of a project on construction of social housing for conclusion of a lease agreement on off-the-plan social housing (unless otherwise regulated by law).

5. A fine ranging from VND 200,000,000 to VND 300,000,000 shall be imposed on the investor for one of the following violations against regulations on sale of houses to foreign buyers:

a) Sale of a quantity of houses greater than the allowable one to foreign organizations and individuals;

b) Sale of houses in a region where foreign organizations and individuals are not allowed to own houses;

c) Failure to provide information about houses sold to foreign organizations and individuals for publishing on the website of Provincial Departments of Construction.

6. Remedial measures:

a) Submission of request to competent authorities for withdrawal of state-owned houses sold, leased or lease purchased ultra vires, or to unqualified persons or inconsistently with prescribed conditions; enforced reimbursement of money or property to buyers, lessees or tenants and compensation for damage (if any) if the violation prescribed in Point a Clause 1 of this Article is committed;

b) Submission of request to competent authorities for withdrawal of social housing and enforced reimbursement of amounts of money for purchase, lease or lease purchase of social housing to buyers, lessees or tenants if the violation prescribed in Point b Clause 1 of this Article is committed;

c) Enforced transfer of illegal benefits obtained from administrative violations (if any) if one of the violations prescribed in Point a Clause 1, Point a Clause 2, Point a, Point b Clause 5 of this Article is committed, and submission of request to competent authorities for withdrawal of state-owned houses if the violation prescribed in Point a Clause 2 of this Article is committed; enforced reimbursement of entire amounts paid by buyers and compensation for damage to buyers if the violation prescribed in Point a or Point b Clause 5 of this Article is committed;

d) Submission of request to competent authorities for withdrawal of social housing if the violation prescribed in Point b Clause 2 of this Article is committed;

dd) Recovery of payments which have been made not through credit institutions legally operating in Vietnam if the violation prescribed in Point b Clause 3 of this Article is committed;

e) Submission of request for competent authorities for withdrawal of houses owned by foreign organizations and individuals inconsistently with regulations if the violation prescribed in Point c Clause 3 of this Article is committed;

g) Enforced suspension of lease or use of houses for improper purposes and compensation for damage to lessees if the violation prescribed in Point d Clause 3of this Article is committed.

Section 3. VIOLATIONS AGAINST REGULATIONS ON MANAGEMENT OF APARTMENT BUILDINGS AND OFFICE BUILDINGS

Article 64. Violations against regulations on management and use of official residences and state-owned housing

1. A fine ranging from VND 40,000,000 to VND 50,000,000 shall be imposed on lessees and tenants of state-owned houses for one of the following violations:

a) Deliberately destroy, extend, renovate or demolish housing;

b) Using the house for purposes other than those specified in the lease agreement;

c) Appropriating the house.

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

a) Failure to use the residence for living and serving daily life of the lessee and his/her family members during the lease period;

b) Deliberately renovate, repair or demolish the official residence;

c) Sub-letting, borrowing or authorizing other persons to manage the official residence;

d) Failure to return the official residence to the Government when the lessee is unqualified for leasing such official residence as regulated by law.

3. Remedial measures:

a) Enforced restoration to the initial state or enforced demolition of the work or work items built inconsistently with regulations if one of the violations prescribed in Point a, Point b Clause 1, Point b Clause 2 of this Article is committed;

b) Submission of request to competent authorities for withdrawal of social housing if one of the violations prescribed in Point b, Point c Clause 1, Point a, Point c and Point d Clause 2 of this Article is committed;

c) Enforced transfer of illegal benefits obtained from the administrative violation (if any) if the violation prescribed in Point c Clause 2 of this Article.

Article 65. Violations against regulations on management and use of villas 

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

a) Changing one of the following elements of group-1 villa: Exterior design, interior structure, building density, number of storey or height;

b) Changing exterior design of a group-2 villa.

2. Remedial measures:  Enforced restoration to initial state or enforced demolition of the work or work items built inconsistently with regulations if the violation prescribed in Clause 1 of this Article is committed.

Article 66. Violations against regulations on management and use of apartment buildings

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

a) Causing leaky of apartment;

b) Failure to comply with regulations on paint color or exterior decoration of apartment;

c) Trading of explosive materials or providing motor vehicle repairing services or slaughtering services;

d) Engaging in business of restaurants, karaoke or nightclub services at the area which is not used for business of an apartment building or failure to satisfy requirements for soundproofing, fire prevention or emergency exit when carrying out such business at the area which is used for business of the apartment building;

dd) Carrying out business activities (excluding cases prescribed in Point c, Point d Clause 1, Point b Clause 3 of this Article) at the area of the apartment building which is not used for business;

e) Failure to establish the management board of the apartment building as regulated.

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

a) Deliberately changing loading structure or separate design of each apartment;

b) Using the apartment for purposes other than residence;

c) Using shared area and equipment of the apartment building for private purposes.

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

a) Encroaching surrounding space or shared area or separate area of another occupier in the apartment building;

b) Engaging in nightclub business.

4. A fine ranging from VND 50,000,000 to VND 60,000,000 shall be imposed on the management board of the apartment building for one of the following violations:

a) Managing and using the expenditure for maintenance of shared area inconsistently with regulations;

b) Deliberately changing functions and purposes of shared area;

c) Deliberately making decision on fee for management of the apartment building without the approval by the apartment building meeting;

d) Deliberately making decision on conclusion of contract for management of the apartment building with a party without the approval by the apartment building meeting;

dd) Failure to present reports on collections and payments at the apartment building meeting as regulated;

e) Failure to comply with operating regulations or financial regulations approved by the apartment building meeting.

5. A fine ranging from VND 60,000,000 to VND 80,000,000 shall be imposed on the unit in charge of managing the apartment building for one of the following violations:

a) Managing the apartment building despite it is unqualified;

b) Failure to establish all prescribed professional divisions to take charge of managing the apartment building as regulated;

c) Employing persons who do not have certificates of completion of training course in management of building apartment;

d) Managing and using expenditure for managing the apartment building as regulated;

dd) Failure to send information about the unit in charge of managing the apartment building to the Ministry of Construction for publishing on its website as regulated.

6. A fine ranging from VND 80,000,000 to VND 90,000,000 shall be imposed on the investor for one of the following violations:

a) Failure to transfer or delayed transfer of apartment building documents to the management board of the apartment building as regulated;

b) Failure to select a qualified unit to take charge of managing the apartment building;

c) Failure to comply with regulations on car parking of the apartment building;

7. A fine ranging from VND 100,000,000 to VND 150,000,000 shall be imposed on the investor for one of the following violations:

a) Failure to organize the first apartment building meeting as regulated;

b) Failure to transfer or delayed, insufficient or improper transfer of expenditure for maintenance of the shared area of the apartment building as regulated.

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

a) Deliberately changing functions and purposes of the shared area or deliberately changing functions and purposes of the non-residential area in the multi-purposes apartment building;

b) Calculating apartment area or other area of private ownership in the apartment building inconsistently with regulations;

c) Failure to allocate an area in the apartment building to use as community activities hall as regulated by law;

d) Committing violation prescribed in Point a Clause 4 of this Article.

9. Additional penalties: Suspend the management of apartment building up to 24 months if the violation specified in Point b Clause 5 of this Article is committed.

10. Remedial measures:

a) Enforced restoration to the initial state or enforced demolition of the work or work items built inconsistently with regulations if one of the violations prescribed in Point a, Point c Clause 2, Point a Clause 3 and Point a Clause 8 of this Article is committed;

b) Enforced compliance with regulations on paint color and exterior decoration of the apartment and apartment building if the violation prescribed in Point a Clause 1 of this Article is committed;

c) Enforced implementation of necessary measures for meeting requirements for soundproofing, fire prevention and emergency exit if the violation prescribed in Point d Clause 1 of this Article is committed (for the area which used for business);

d) Enforced establishment of the management board of apartment building if the violation prescribed in Point e Clause 1 of this Article is committed;

dd) Enforced reimbursement of expenditure which has been spent inconsistently with regulations and compensation for damage (if any) if the violation prescribed in Point a Clause 4 or Point d Clause 8 of this Article is committed;

e) Enforced nullification of provision on fee for management of apartment building and request for organization of apartment building meeting to seek approval for the fee for management of apartment building; enforced reimbursement of difference between the existing fee for management of apartment building and the new one which has been approved by the apartment building meeting to apartment owners/occupiers if the violation prescribed in Point c Clause 4 of this Article is committed;

g) Enforced compliance with regulations on selection of unit in charge of managing the apartment building if the violation prescribed in Point d Clause 4 of this Article is committed;

h) Enforced compliance with regulations if the violation prescribed in Point c Clause 5 of this Article is committed;

i) Enforced transfer of entire maintenance expenditure to the management board of apartment building if the violation prescribed in Point b Clause 7 of this Article is committed;

k) Enforced reimbursement of difference (if any) resulted from improper calculation of area to apartment owners/occupiers if the violation prescribed in Point b Clause 8 of this Article is committed;

l) Enforced allocation of area to use as the community activities hall as regulated by law if the violation prescribed in Point c Clause 8 of this Article is committed.

Article 67. Violations against regulations on management of office buildings

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

a) Using personal cooking equipment or water heater in the working office;

b) Failure to install name signs or guidance signs at public, technical and serving divisions as regulated by law or failure to install warning signs at technical divisions (such as electrical and firefighting equipment);

c) Failure to post up the office’s internal regulations at its main door or standing division;

d) Failure to have the building diagram showing blocks, working offices, public, technical and serving divisions (unless otherwise regulated);

dd) Failure to install name signs of working offices or titles of officials or public employees in front of their offices.

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

a) Carrying out commercial advertising at the office building;

b) Failure to formulate internal regulations on management of office building as regulated by law;

c) Failure to make periodical and ad hoc reports as regulated or making insufficient ones.

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

a) Storing explosive materials or flammable substances in the working office;

b) Failure to equip firefighting equipment at the office building or failure to conduct periodical inspection of firefighting equipment.

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

a) Appropriating or using the office building for production, business, leasing, living or other purposes inconsistently with its functions;

b) Failure to prepare or supplement the office building documentation during its operation; failure to retain or send summarized office building documentation to the competent authority in charge of managing office buildings as regulated by law.

5. Remedial measures:

a) Enforced restoration to the initial state or submission of request to competent authority for withdrawal of office building area which is improperly used if the violation prescribed in Point a Clause 4 of this Article is committed;

b) Enforced preparation and retention of office building documentation or enforced supplementation of office building documentation during its operation if the violation prescribed in Point b Clause 4 of this Article is committed.

Article 68. Violations against regulations on preparation and retention of housing documents

1. A fine ranging from VND 40,000,000 to VND 50,000,000 shall be imposed for failure to prepare and keep housing documents, or failure to keep all housing documents as regulated by law in case of construction of houses for lease.

2. Remedial measures:  Enforced preparation and retention of all housing documents as regulated if the violation prescribed in Clause 1 of this Article is committed.

Chapter VI

POWER TO RECORD AND IMPOSE PENALTIES FOR ADMINISTRATIVE VIOLATIONS AND REMEDIAL MEASURES

Article 69. Power to record administrative violations

The following persons shall have the power to record administrative violations prescribed herein:

1. Persons who have power to impose administrative penalties as prescribed in Article 71, Article 72, Article 73, Article 74, Article 76, Article 77 and Article 78 herein.

2. Officials and public employees who work at People’s Committees of all levels and are assigned to inspect and detect administrative violations in sectors prescribed herein.

3. Officials, public employees and inspectors who work at construction inspection agencies and are assigned to conduct independent inspections or participate in inspection teams.

4. Officials and public employees who are assigned to inspect the state management of:  Investment and construction; extraction, processing and trading of minerals used in construction, production and trading of building materials; management of infrastructural constructions; real estate business, housing development, management and operation of apartment buildings and office buildings.

5. Persons who have the power to impose administrative violations prescribed in Article 75 herein shall have the power to record administrative violations prescribed in Article 6 herein.

Article 70. Power to impose administrative penalties

1. Persons who have the power to impose administrative penalties as prescribed herein shall only impose penalties for administrative violations within the granted powers; administrative violations beyond their competence shall be recorded and transferred to competent persons to make decisions on imposition of administrative violations as regulated y law.

2. When suspending the building permits, capacity certificates and practicing certificates, persons who have the power to impose administrative penalties must send written notifications of such suspension or decisions on imposition of administrative penalties to Inspection Agencies of Provincial Departments of Construction.

3. If a case of administrative violation is under the power of several persons, the person who handles the case first shall be responsible for imposing penalty for such administrative violation.

4. Penalties imposed by competent persons prescribed in Article 71, Article 72, Article 73, Article 74, Article 76, Article 77 and Article 78 herein are penalties for administrative violations committed by organizations; a fine imposed for an administrative violation committed by an individual shall be a half of that imposed on the organization for the same violation.

Article 71. Power to impose administrative penalties of construction inspectors

1. Issue warning.

2. Impose a fine up to VND 1,000,000.

3. Enforce the remedial measures mentioned in Point a and Point b Clause 3 Article 3 of this Decree.

Article 72. Power to impose administrative penalties of specialized inspectorate heads

1. Heads of specialized inspectorates established by Provincial Departments of Construction shall have the power to:

a) Issue warning;

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

c) Suspend license, capacity certificate or practicing certificate or suspend operations for fixed periods;

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

2. Heads of specialized inspection teams established by the Inspectorate of the Ministry of Construction shall have the power to:

a) Issue warning;

b) Impose a fine up to VND 500,000,000 for violations in investment and construction sector or a fine up to VND 210,000,000 for violations in the following sectors: Extraction, processing and trading of minerals used in construction, production and trading of building materials; management of infrastructural constructions; real estate business, housing development, management and operation of apartment buildings and office buildings;

c) Suspend license, capacity certificate or practicing certificate or suspend operations for fixed periods;

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

Article 73. Power to impose administrative penalties of chief inspectors of Provincial Departments of Construction

1. Issue warning.

2. Impose a fine up to VND 100,000,000.

3. Suspend license, capacity certificate or practicing certificate or suspend operations for fixed periods.

4. Enforce the remedial measures mentioned in Clause 3 Article 3 of this Decree.

Article 74. Power to impose administrative penalties of Chief Inspector of the Ministry of Construction

1. Issue warning.

2. Impose a fine:

a) up to VND 300,000,000 for violations in the following sectors: extraction, processing and trading of minerals used in construction, production and trading of building materials; management of infrastructural constructions; real estate business, housing development, management and operation of apartment buildings and office buildings; or

b) up to VND 1,000,000,000 for violations in investment and construction sector.

3. Suspend license, capacity certificate or practicing certificate or suspend operations for fixed periods.

4. Enforce the remedial measures mentioned in Clause 3 Article 3 of this Decree.

Article 75. Power to impose administrative penalties of People’s public security forces

Persons who work at People’s public security forces and have the power to impose penalties shall have the power to impose penalties for administrative violations prescribed in Article 6 herein.

Article 76. Power to impose administrative penalties of Chairpersons of Communal-level People’s Committees

1. Issue warning.

2. Impose a fine up to VND 10,000,000.

3. Enforce the remedial measures mentioned in Point a, Point b and Point dd Clause 3 Article 3 of this Decree.

Article 77. Power to impose administrative penalties of Chairpersons of District-level People’s Committees

1. Issue warning.

2. Impose a fine up to VND 100,000,000.

3. Suspend license, capacity certificate or practicing certificate or suspend operations for fixed periods.

4. Enforce the remedial measures mentioned in Clause 3 Article 3 of this Decree.

Article 78. Power to impose administrative penalties of Chairpersons of Provincial-level People’s Committees

1. Issue warning.

2. Impose a fine:

a) up to VND 300,000,000 for violations in the following sectors: extraction, processing and trading of minerals used in construction, production and trading of building materials; management of infrastructural constructions; real estate business, housing development, management and operation of apartment buildings and office buildings; or

b) up to VND 1,000,000,000 for violations in investment and construction sector.

3. Suspend license, capacity certificate or practicing certificate or suspend operations for fixed periods.

4. Enforce the remedial measures mentioned in Clause 3 Article 3 of this Decree.

Chapter VII

IMPLEMENTATION PROVISIONS

Article 79. Transitional provision

1. An administrative violation which is not mentioned in Clause 2 and Clause 3 of this Article and to which a decision on imposition of administrative penalties is issued by a competent authority but is not yet implemented shall be sanctioned, with force or not, in accordance with regulations of the Law on Actions against Administrative Violations, the Government’s Decree No. 121/2013/ND-CP dated October 10, 2013 providing for penalties for administrative violations against regulations on construction; real estate business; extraction, production and trading of minerals used in construction; management of infrastructural constructions; management and development of apartment buildings and office buildings (hereinafter referred to as the Decree No. 121/2013/ND-CP) and the Government’s Decree No. 180/2007/ND-CP dated December 07, 2007 elaborating and guiding the implementation of the Law on Construction with respect of penalties for violations against urban construction order (hereinafter referred to as the Decree No. 180/2007/ND-CP).

2. Administrative violations prescribed in Clause 1, Clause 2 and Clause 3 Article 5 of the Decree No. 180/2007/ND-CP, which have been committed after the date of entry into force of the Decree No. 180/2007/ND-CP, and ended before the date of entry into force of this Decree, meet the requirements in Clause 9 Article 13 of the Decree No. 121/2013/ND-CP and now are conformable with the construction planning approved by a competent authority shall be sanctioned in accordance with regulations in Clause 9 Article 13 of the Decree No. 121/2013/ND-CP.

3. Administrative violations prescribed in Clause 3, Clause 5, Clause 5, Point b Clause 7 Article 13 and Clause 2 Article 70 of the Decree No. 121/2013/ND-CP, which have ended before the date of entry into force of this Decree, meet the requirements in Clause 9 Article 13 of the Decree No. 121/2013/ND-CP and now are conformable with the construction planning approved by a competent authority shall be sanctioned in accordance with regulations in Clause 9 Article 13 of the Decree No. 121/2013/ND-CP.

4. As from the date of entry into force of this Decree, the administrative violations which are prescribed in Clause 2, Clause 3 of this Article and sanctioned according to decisions issued in accordance with regulations in Clause 9 Article 13 of the Decree No. 121/2013/ND-CP but now are repeated shall be sanctioned in accordance with regulations in Article 15 herein.

5. Illegal benefits, which are obtained from administrative violations and calculated according to the value of works or work items built inconsistently with regulations or without building permits, must not be transferred to state budget in case of construction of single-detached houses.

6. The Ministry of Construction shall stipulate specific cases and methods of calculation of illegal benefits obtained from works or work items built inconsistently with regulations as mentioned in Clause 2, Clause 3 and Clause 4 of this Article.

Article 80. Effect

This Decree takes effect on January 15, 2018 and supersede the Government’s Decree No. 121/2013/ND-CP dated October 10, 2013 providing for penalties for administrative violations against regulations on construction; real estate business; extraction, production and trading of minerals used in construction; management of infrastructural constructions; management and development of apartment buildings and office buildings and the Government’s Decree No. 180/2007/ND-CP dated December 07, 2007 elaborating and guiding the implementation of the Law on Construction with respect of penalties for violations against urban construction order.

Article 81. Implementation responsibility

1. The Ministry of Construction shall promulgate detailed guidance on Article 15 and Article 79 herein.

2. Ministers, heads of ministerial-level agencies, heads of the Government’s affiliates, Chairpersons of People’s Committees of provinces and central-affiliated cities and heads of relevant agencies shall be responsible for implementing this Decree./.

For the Government

The Prime Minister

Nguyen Xuan Phuc