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THE GOVERNMENT
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THE SOCIALIST REPUBLIC OF VIETNAM
Independence – Freedom – Happiness
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No.: 63/2019/ND-CP
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Hanoi, July 11, 2019
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DECREE
PENALTIES FOR ADMINISTRATIVE VIOLATIONS AGAINST REGULATIONS
ON MANAGEMENT AND USE OF PUBLIC PROPERTY, THRIFT PRACTICE AND WASTEFULNESS
COMBAT, NATIONAL RESERVE AND STATE TREASURY
Pursuant to the
Law on organization of the Government dated June 19, 2015;
Pursuant to the
Law on penalties for administrative violations dated June 20, 2012;
Pursuant to the
Law on management and use of public property dated June 21, 2017;
Pursuant to the
Law on state budget dated June 25, 2015;
Pursuant to the Law on thrift
practice and wastefulness combat dated November 26, 2013;
Pursuant to the
Law on national reserve dated November 20, 2012;
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The Government promulgates a
Decree on penalties for administrative violations against
regulations on management and use of public property, thrift practice and wastefulness combat, national reserve and state treasury.
Chapter I
GENERAL PROVISIONS
Article
1. Scope
1. This Decree deals
with violations, penalties, fines, remedial measures against administrative
violations, the power to make records of administrative violations and the power to impose penalties against administrative violations
in the following fields:
a) Management and use of public
property in authorities and organizations, property of state-funded projects,
property under the established public ownership and infrastructure property
invested and managed by the State;
b) Thrift practice and wastefulness
combat;
c) National reserve;
d) State Treasury.
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Article
2. Regulated entities
1. Organizations
or individuals committing administrative violations against
regulations on management and use of public property, thrift practice and wastefullness combat, national reserve and state treasury.
2. The organizations
mentioned in Clause 1 of this Article include:
a) Regulatory
authorities;
b) Units affiliated to the People’s
Armed Force;
c) Public service
providers;
d) Agencies affiliated to the Communist Party of Vietnam;
dd) Socio-political
organizations, socio-political and professional
organizations, social organizations, socio-professional
organizations and other organizations established under the law on
associations;
e) Other involved enterprises,
organizations and individuals.
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4. In case an on-duty official or public employee
commits a violation which relates to
his/her assigned tasks as prescribed in relevant
legislative documents or administrative documents issued
by competent authorities or officiers, he/she shall not
incur administrative penalties according to regulations herein but shall suffer
punishment in accordance with regulations of the Law on
officials and public employees.
A regulatory authority that commits
a violation relating to its assigned state management tasks shall not face
administrative penalties according to regulations herein but shall suffer
punishment in accordance with relevant law provisions.
Article
3. Prescriptive periods for administrative violations punishable
The prescriptive period for imposition
of penalties for one of the administrative
violations against regulations on management and use of public property, thrift
practice and wastefullness combat, national reserve and
state treasury specified in this Decree is 01 year. The prescriptive
period of imposition of penalties for an administrative violation relating to
house, land and infrastructure property invested and managed by the State shall
be 02 years.
Article
4. Penalties and remedial measures
1. Principal
penalties:
a) Principal penalties prescribed
in this Decree include warnings and fines;
b) The maximum fine for committing
a violation against regulations on management and use of public property,
national reserve and state treasury is VND 50,000,000 if it is imposed upon an
individual or VND 100,000,000 if it is imposed upon an organization. The
maximum fine for committing a violation against regulations on thrift practice
and wastefulness combat is VND 100,000,000 if it is imposed upon an individual
or VND 200,000,000 if it is imposed upon an organization.
2. Additional
penalties:
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3. Remedial
measures against violations against regulations on management and use of public
property:
Depending on the nature
and severity of each violation, the violator shall
also be liable to one or some of the following remedial measures:
a) Enforced transfer of an amount
of money equivalent to the value of property;
c) Enforced transfer of money
obtained from the commission of administrative violation;
c) Enforced return of the property.
The violator is compelled to restore original conditions of property which has
been damaged by the violation. In case of failure to restore the original
conditions of the property, the violator is required to pay an amount of money
equivalent to the value of property or provide another property which has the
same uses and value with the original property.
d) Enforced demolition of the work
constructed within encroached area of the working office or public service
facility;
dd) Enforced invalidation of
reports in case of commission of violations against regulations on input and
use of public property data;
e) Enforced correction and/or
addition of data, information and reports on public property.
4. Remedial
measures against violations against regulations on thrift practice and
wastefulness combat:
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a) Enforced return of funding of a
state budget-derived fund which has been used inconsistently with its purposes
or principles announced by a competent authority;
b) Enforced transfer of illegal
benefits, obtained from the use of a state budget-derived fund inconsistently
with its operating regulations or financial mechanism promulgated by a
competent authority, to the state budget-derived fund.
5. Remedial measures against
violations against regulations on national reserve:
Depending on the
nature and severity of each violation, the violator shall also be liable to one
or some of the following remedial measures:
a) Enforced transfer of illegal
benefits obtained from commission of violations against regulations on trading,
storage, distribution and use of national reserves for relief; warehousing and
dispatching of national reserves; management of funding and expenditures for
national reserve activities; transaction, pledging, mortgage and operation of
property in national reserves;
b) Enforced restoration to original
conditions of technical facilities or warehouses for storing national reserve
goods;
c) Enforced return of national
reserves damaged by sabotage or commission of violations against regulation on
distribution and use of national reserves for relief;
d) Enforced recovery of national
reserves which have been dispatched or distributed inconsistently with
regulations;
dd) Enforced restoration to
original conditions of property which is national reserve warehouse and has
been illegally traded, pledged, mortgaged, leased or operated.
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Depending on the
nature and severity of each violation, the violator shall also be liable to one
or some of the following remedial measures:
a) Enforced recovery of amounts
paid according to payment vouchers/documents for unexecuted or uncompleted workloads
that do not meet payment requirements and amounts paid more than the value of
contract or its appendix;
b) Enforced recovery of amounts
paid according to payment documents/vouchers which have prepared inconsistently
with regulations and amounts improperly paid according to documents/vouchers
whose contents are different from those on the original documents/vouchers if
not liable to criminal prosecution;
c) Enforced recovery of all amounts
paid according to forged documents/vouchers for state
budget expenditures if not liable to criminal prosecution;
d) Enforced completion of payment
documents/vouchers in accordance with regulations in case of commission of
regulations on payment for state budget expenditures;
dd) Enforced making of payment
commitments before requesting the State Treasury to make payments using state
budget or enforced completion of procedures for payment commitments in case of
commission of violations against procedures for payment commitments;
e) Enforced completion of
procedures for advanced payment in case of commission of violations against
procedures or time limits for advance funding of state budget;
g) Enforced blockade or closing of
account in case of commission of violations against regulations on registration
and use of accounts opened at state treasury; enforced blockade of account in
case of forging documents for registration of account at state treasury if not
liable to criminal prosecution.
7. Organizations
or individuals incurring penalties as regulated herein shall not use state
budget or state budget-derived funding to pay fines and cover costs of remedial
measures. The violating organization shall, upon its implementation of the
penalty imposition decision, determine legal liabilities
of individuals at fault in accordance with law provisions and regulations on
management and use of public property of the violating organization, including
repayment of fines paid and remedial measures depending on the severity of
mistake of each individual.
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The fines prescribed in Section 1,
Section 2, Section 3 and Section 4 Chapter II, Section 1 Chapter II, Section 1
Chapter IV, Section 1 and Section 2 Chapter V hereof are imposed upon
organizations. The fine imposed upon an individual shall be equal to a half of
the fine imposed upon an organization for committing the same violation (except
provisions in Article 17, Article 23 and Article
27 hereof).
Chapter II
ADMINISTRATIVE VIOLATIONS AGAINST REGULATIONS
ON MANAGEMENT AND USE OF PUBLIC PROPERTY, PENALTIES, FINES AND REMEDIAL
MEASURES
Section 1.
VIOLATIONS AGAINST REGULATIONS ON MANAGEMENT AND USE OF PUBLIC PROPERTY AT
REGULATORY AUTHORITIES, ORGANIZATIONS AND UNITS, AND FINES
Article
6. Violations against regulations on investment in and procurement of
public property
1. Fines shall
be imposed for investment in or procurement of property without a decision from
a competent authority or officer. To be specific:
a) A fine ranging from VND
1,000,000 to VND 5,000,000 shall be imposed for investment in or procurement of
property that is machinery, equipment or other property (except working office,
public service facility and car) with total value of each transaction not
exceeding VND 100,000,000;
b) A fine ranging
from VND 5,000,000 to VND 10,000,000
shall be imposed for investment in or procurement of property that is
machinery, equipment or other property (except working office, public
service facility and car) with total value of each
transaction of VND 100,000,000 or
more;
c) A fine ranging
from VND 20,000,000 to VND 50,000,000
shall be imposed for investment in or procurement of property that is working
office, public service facility or car.
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3. Fines shall
be imposed for investment in or procurement of property beyond the limits
imposed by competent authorities. To be specific:
a) A fine ranging from VND
1,000,000 to VND 5,000,000 shall be imposed for investment in or procurement of
a unit of property whose value exceeds the prescribed spending limit by less
than VND 50,000,000;
b) A fine ranging from VND
5,000,000 to VND 10,000,000 shall be imposed for investment in or procurement
of a unit of property whose value exceeds the prescribed spending limit by from
VND 50,000,000 to under VND 100,000,000;
c) A fine ranging
from VND 10,000,000 to VND 20,000,000
shall be imposed for investment in or procurement of a unit of property whose
value exceeds the prescribed spending limit by VND 100,000,000
or more.
4. Remedial measures:
The violator is compelled to return
the spending amount on invested or procured property that exceeds the
prescribed spending limit if committing one of the violations prescribed in
Clause 3 of this Article.
5. The amount
exceeding the prescribed spending limit on property which is the basis for
imposing fines shall be determined as follows:
a) In case of
investment in or procurement of property that is car, machinery, equipment or
other property in excess of the prescribed quantity, the exceeding spending
amount per a unit of property is the unit price of that property determined
according to the buying price specified in the invoice or property procurement
contract;
b) In case of
investment in or procurement of property that is car, machinery, equipment or
other property with correct quantity but with prices higher than the
prescribed prices, the exceeding spending amount shall be
the value of property specified in the invoice or property
procurement contract minus (-) the value of property which is determined
according to the prescribed price set by a competent authority;
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d) The persons that have the power
to impose penalties as prescribed in Article 29 and Article 30 hereof shall
determine such exceeding spending amounts which shall be used as the basis for
imposing penalties in accordance with regulations of the law on penalties for
administrative violations and shall assume responsibility for their determination.
Article
7. Violations against regulations on lease of property
1. A fine
ranging from VND 1,000,000 to VND 5,000,000 shall be imposed for one of the
following violations against regulations on property lease if the value of the
property lease agreement is less than VND 100,000,000:
a) Leasing property without the
decision on property lease issued by a competent authority or officer;
b) Leasing property beyond the
limits imposed by competent authorities;
c) Selecting leasing service
providers against procedures or methods laid down in the law on management and
use of public property and relevant laws.
2. A fine ranging
from VND 5,000,000 to VND 10,000,000
shall be imposed for committing the violation prescribed
in Clause 1 of this Article if the value of the property lease
agreement is VND 100,000,000 or higher.
3. Remedial measures:
The violator is
compelled to return the spending amount on leasing of
property that exceeds the prescribed spending limit if committing the violation
prescribed in Point b Clause 1 of Clause 2 of this Article.
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a) If a specific value is specified
in the property lease agreement, that value shall be used as the basis for
imposing fines;
b) In case of leasing property
without entering into a written property lease agreement or the property lease
agreement contains insufficient information for determining the value as
prescribed in Clause a of this Clause, the value used as the basis for imposing
fines shall be determined by the price of leasing of property of the same
category or having similar standards or techniques on the market at the time of
commission of violation multiplied by the leasing period counting from the
commencement date of the lease to the issue date of penalty imposition
decision.
The persons that have
the power to impose penalties as prescribed in Article 29 and Article 30 hereof
shall determine values used as the basis for imposing
penalties in accordance with regulations of the law on penalties for
administrative violations and shall assume responsibility for their
determination.
Article
8. Violations against regulations on allocation, use and deliberate destruction
of public property
1. Fines shall
be imposed for allocating public property beyond the limits imposed by
competent authorities or officers (allocating public property to ineligible
entities or in excess of the prescribed area, quantity or price). To be
specific:
a) A fine ranging from VND
1,000,000 to VND 5,000,000 shall be imposed for allocating or using property
whose value exceeds the prescribed limit by less than VND 50,000,000;
b) A fine ranging
from VND 5,000,000 to VND 10,000,000 shall be imposed for allocating or
using property whose value exceeds the prescribed limit by from
VND 50,000,000 to under VND 100,000,000;
c) A fine ranging
from VND 10,000,000 to VND 20,000,000 shall be imposed for allocating or using
property whose value exceeds the prescribed limit by VND 100,000,000 or more.
2. Fines shall
be imposed for allocating or using public property for improper purposes (using
public property invested, equipped or procured against its purposes or uses;
using working office or public service facility for residential purpose or
other personal purposes; using cars to take officials from their residences to
work while they are ineligible for this regime; using cars to serve work trips
of officials without approval from competent authorities while they are ineligible
for this regime; allocating or using cars for personal purposes; using
machinery, equipment or other property for personal purposes). To be specific:
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b) A fine ranging
from VND 5,000,000 to VND 10,000,000
shall be imposed for allocating or using property that is machinery, equipment
or other property (except working office, public service facility or car) whose book value is VND 100,000,000 or more (hereinafter referred to as “property worth VND 100,000,000 or
more);
c) A fine ranging
from VND 10,000,000 to VND 20,000,000 shall be imposed for allocating or using
property that is working office, public service facility or
car.
3. The
following fines shall be imposed for vandalism or deliberate destruction of
public property if not liable to criminal prosecution:
a) A fine ranging from VND
1,000,000 to VND 5,000,000 shall be imposed for deliberate destruction of
property that is machinery, equipment or other property
whose book value is less than VND 100,000,000;
b) A fine ranging
from VND 5,000,000 to VND 10,000,000
shall be imposed for deliberate destruction of property that is machinery,
equipment or other property whose book value is VND 100,000,000 or more;
c) A fine ranging
from VND 10,000,000 to VND 20,000,000 shall be imposed for deliberate
destruction of property that is working office, public service facility or car.
4. Remedial measures:
a) The violator is compelled to
return an amount equivalent to the value of property that exceeds the
prescribed limit in case of commission of the violation in Clause 1 of this
Article;
b) In case of
commission of the violation in Clause 3 of this Article, the
violator is compelled to restore the original conditions of the property which
has been damaged by the violation; in case of failure to
restore the original conditions of the property, the violator is required to
pay an amount of money equivalent to the value of property or provide another
property which has the same uses and value with the original property.
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a) In case of allocation or use of
property that is car, machinery, equipment or other property in excess of the
prescribed quantity, the exceeding value shall be the exceeding quantity of
property multiplied by its book value; in case the book value of property is
not available, the purchase price of a new property of the same category or
having similar technical standards and uses on the market at the time of
commission of the violation shall be employed;
b) In case of allocation
or use of property that is car, machinery,
equipment or other property with correct quantity but with prices higher than
the prescribed prices, the exceeding value shall be the
quantity of property multiplied by the difference between its book value and
its value determined according to the price imposed by a competent authority;
c) In case the property is working
office or public service facility, the exceeding value shall be the difference
between the actual area and the prescribed usable area multiplied by the
average unit price recorded in accounting books; in case the unit price is not
available in accounting books, the investment rate of a house or building of
similar technical standards announced by the Ministry of
Construction applicable at the time of commission of the violation shall
be employed;
d) The persons that
have the power to impose penalties as prescribed in Article 29 and Article 30
hereof shall determine such exceeding values which shall
be used as the basis for imposing penalties in accordance with regulations of
the law on penalties for administrative violations and shall assume
responsibility for their determination.
Article
9. Violations against regulations on lending of public property
1. Fines shall
be imposed for lending/using public property for improper purposes (allowing
another organization or individual to use public property regardless of written
lending agreement and lending period). To be specific:
a) A fine ranging
from VND 1,000,000 to VND 5,000,000 shall be imposed for lending public property worth less than VND 100,000,000;
b) A fine ranging
from VND 5,000,000 to VND 10.000.000 shall be imposed for lending public
property worth VND 100,000,000 or more;
c) A fine ranging
from VND 50,000,000 to VND 60,000,000 shall be imposed for lending property that is working office, public service facility or car.
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The organization that
commits the violation in Clause 1 of this Article
shall also be liable to the following remedial
measures:
a) The
violating organization is compelled to return the property
lent out. The violating organization is
compelled to restore the original conditions of the property which has been
damaged by the violation. In case of failure to restore the original conditions
of the property, the violating organization is required to
pay an amount of money equivalent to the value of property or provide another
property which has the same uses and value with the original property;
b) The violating organization is
compelled to transfer to the state budget an amount of money equivalent to the
property rental for the lending period. Property rental shall be determined
according to Clause 4 Article 7 hereof.
Article
10. Penalties for improperly exchanging or giving public property
1. Fines shall
be imposed for exchanging public property inconsistently with regulations (an
organization uses its public property to exchange for the property of another
organization or individual without permission of a competent authority or
person). To be specific:
a) A fine ranging
from VND 1,000,000 to VND 5,000,000 shall be imposed if the exchanged property is worth less than VND 100,000,000;
b) A fine ranging
from VND 5,000,000 to VND 10.000.000 shall be imposed if the exchanged property
is worth VND 100,000,000 or more;
c) A fine ranging
from VND 10,000,000 to VND 20,000,000 shall be imposed if the exchanged
property is working office, public service facility or
car.
2. A fine
ranging from VND 20,000,000 to VND 50,000,000 shall be imposed for giving
public property inconsistently with regulations (using public property as gifts
inconsistently with regulations on giving of gifts promulgated by competent
authorities).
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The violator is compelled to return
the property or pay an amount equivalent to the value of the exchanged or given
property in case of commission of the violation in Clause 1 or Clause 2 of this
Article.
Article
11. Penalties for encroaching upon working office or public service
facility
1. A fine
ranging from VND 10,000,000 to VND 15,000,000 shall be imposed for encroaching
upon working office or public service facility (i.e. an adjacent land user
deliberately moves boundary markers of its/his/her land plot with the aims of
expanding land area or builds a work encroaching upon the land area of a
working office or public service facility, regulatory authority, organization
or unit; an organization or individual uses the house or land area of the
working office or public service facility, regulatory authority, organization
or unit without permission).
2. Additional
penalties:
The exhibits/ instrumentalities of the violation prescribed in
Clause 1 of this Article shall be confiscated.
3. Remedial measures:
The organization
or individual that commits the violation in Clause 1 of this
Article shall also be liable to the following remedial measures:
a) Restore the original conditions
of the working office or public service facility and return the encroached land
area;
b) Demolish the work built on the
encroached land area;
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Article
12. Penalties for appropriation of public property
1. Fines shall
be imposed for appropriation of public property if not liable to criminal
prosecution (holding and using public property without permission given by
competent authorities). To be specific:
a) A fine ranging
from VND 1,000,000 to VND 5,000,000 shall be imposed if the public property is worth less than VND
100,000,000;
b) A fine ranging
from VND 5,000,000 to VND 10,000,000
shall be imposed if the public property is worth VND 100,000,000 or more;
c) A fine ranging
from VND 10,000,000 to VND 20,000,000 shall be imposed for appropriating working office, public service facility or car.
2. Additional
penalties: The exhibits/ instrumentalities of the violation prescribed in
Clause 1 of this Article shall be confiscated.
3. Remedial measures:
The organization or individual that commits the violation in Clause 1 of this
Article shall also be liable to the following remedial measures:
a) The violating
organization or individual is compelled to restore the
original conditions of the property which has been damaged by the violation. In
case of failure to restore the original conditions of the property, the
violating organization or individual is required to pay an
amount of money equivalent to the value of property or provide another property
which has the same uses and value with the original property;
b) The violating
organization or individual is compelled to transfer to the state budget an amount of money equivalent to the
property rental during the property appropriation period.
Property rental shall be determined according to Clause 4 Article 7 hereof.
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1. Fines shall
be imposed for using public property for business purpose, leasing or joining
in a cooperation or association without approvals by competent authorities or
officers according to law regulations on management and use of public property
applicable at the time of using public property. To be specific:
a) A fine ranging
from VND 1,000,000 to VND 5,000,000 shall be imposed for using property
worth less than VND 100,000,000;
b) A fine ranging
from VND 5,000,000 to VND 10,000,000
shall be imposed for using property worth VND 100,000,000
or more;
c) A fine ranging
from VND 15,000,000 to VND 20,000,000 shall be imposed for using property that
is working office, public service facility or car.
2. Fines shall
be imposed for violations against regulation on valuation of property used for
business purpose, leasing or joining in a cooperation or association. To be
specific:
a) A fine ranging from VND
1,000,000 to VND 5,000,000 shall be imposed for establishing a property pricing
council or property valuation council with improper composition;
b) A fine ranging from VND
5,000,000 to VND 10,000,000 shall be imposed for failure to follow procedures
established by law for selecting a property valuation service provider to
determine the value of property used for business purpose, leasing or joining
in a cooperation or association.
3. Fines shall
be imposed for failure to comply with the schemes approved by competent
authorities or officers when using public property for business purpose,
leasing or joining in a cooperation or association resulting in adverse impact
on performance of assigned functions and duties. To be specific:
a) A fine ranging
from VND 1,000,000 to VND 5,000,000 shall be imposed for using property worth
less than VND 100,000,000;
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c) A fine ranging
from VND 15,000,000 to VND 20,000,000 shall be imposed for using property that
is working office, public service facility or car.
4. Remedial measures:
a) The violator is
compelled to restore the original conditions of the property which has been
damaged by the violation in Clause 1 of this Article; in case of failure to
restore the original conditions of the property, the violator is required to
pay an amount of money equivalent to the value of property or provide another
property which has the same uses and value with the original property;
b) The
violator is required to return illegal benefits obtained from the
violations in Clause 1 and Clause 3 of this Article.
Article
14. Violations against regulations on maintenance and repair of property
1. The
organization that is provided by a competent authority with funding for
maintaining and repairing property as regulated by law but fails to maintain or
repair property resulting in damaged property shall incur fines as follows:
a) A fine ranging
from VND 500,000 to VND 1,000,000 shall be imposed for
failure to maintain or repair property worth less than VND 50,000,000;
b) A fine ranging
from VND 2,000,000 to VND 10,000,000
shall be imposed for failure to maintain or repair property worth from VND 50,000,000 to under VND 100,000,000;
c) A fine ranging from VND
30,000,000 to VND 50,000,000 shall be imposed for failure to maintain or repair
property worth VND 100,000,000 or more or property that is working office or
public service facility or car if not liable to criminal prosecution.
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a) If the damaged property cannot
be repaired, the amount payable shall be equal to the buying price of a new
property of the same category or having similar standards and uses on the
market multiplied by the percentage of remaining quality of property at the
valuation date;
b) If the damaged property can be
repaired, the amount payable shall be equal to the costs of repairing the
property;
c) The head of the violating
organization shall decide amounts payable on the basis of determination by a
financial agency under its management and assume responsibility for its
decision.
Article 15.
Violations against regulations on disposition of public property
1. A fine
ranging from VND 1,000,000 to VND 5,000,000 shall be imposed for one of the
following violations:
a) Failing to make declaration or
plan for disposition of public property as regulated by laws;
b) Failing to make declaration or
plan for disposition of public property by the prescribed deadlines;
c) Failing to request competent
authorities to appropriate, transfer, sell, liquidate or destruct property when
meeting regulatory requirements (unless a public property is still used to
serve demand of an authority, organization or enterprise although its term of
use expires as regulated by law; in such case, it shall be disposed of
according to decision of the head of that authority, organization or
enterprise).
2. A fine
ranging from VND 5,000,000 to VND 10,000,000 shall be imposed for failing to
maintain property pending its disposition.
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a) A fine ranging from VND
1,000,000 to VND 5,000,000 shall be imposed for selling, transferring,
liquidating or destructing property worth less than VND 100,000,000;
b) A fine ranging from VND
5,000,000 to VND 10,000,000 shall be imposed for selling, transferring,
liquidating or destructing property worth VND 100,000,000 or more;
c) A fine ranging from VND
10,000,000 to VND 20,000,000 shall be imposed for selling, transferring or
liquidating property that is working office, public service facility or car.
4. The
following penalties shall be imposed for improper declaration of list and
current status of property requiring disposition (resulting in a decision on
disposition of property made inconsistently with regulations):
a) A warning shall be imposed for
improperly declaring property worth less than VND 50,000,000;
b) A fine ranging from VND 500,000
to VND 1,000,000 shall be imposed for improperly declaring property worth from
VND 50,000,000 to VND 100,000,000;
c) A fine ranging from VND
1,000,000 to VND 5,000,000 shall be imposed for improperly declaring property
worth VND 100,000,000 or more;
d) A fine ranging from VND
5,000,000 to VND 10,000,000 shall be imposed for improperly declaring property
that is working office, public service facility or car.
5. Remedial
measures:
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b) The violator is compelled to pay
an amount of money equivalent to the value of property lost or damaged in case
of commission of the violation in Clause 2 of this Article.
6. The amount of money payable which is equivalent to
the value of property lost or damaged as regulated in Point b Clause 5
of this Article is determined as follows:
a) If property
is lost or damaged and cannot be repaired, the amount payable
shall be equal to the market price for buying a new property of the same category or having similar standards and
uses on the market at the time of violation commission.
This market price may be determined
according to suppliers’ quotations posted or announced on the marketing or
official information published by suppliers on the Internet.
b) If the damaged
property can be repaired, the amount payable shall be equal to the costs of
repairing the property.
Article
16. Violations against regulations on organization of disposition of public
property
1. A fine ranging
from VND 500,000 to VND 1,000,000
shall be imposed for commission of one of the following violations:
a) Failing to implement the
property disposition plan approved by a competent authority or officer within
the prescribed time limit.
The time limit for property
disposition is specified in the decision on property disposition. In case a
decision on property disposition does not stipulate the time limit for property
disposition, it shall be determined in accordance with relevant laws. In case
an extension of property disposition is granted by the competent authority that
gives approval for the property disposition plan, the prescribed time limit for
property disposition shall also include this extension.
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2. A fine ranging
from VND 1,000,000 to VND 3,000,000
shall be imposed for one of the following violations:
a) Establishing a valuation council
inconsistently with law regulations;
b) Establishing a valuation
council with improper composition as regulated by laws;
c) Failing to adopt methods or
follow procedures laid down in laws for selecting professional auction or
valuation service providers to serve the property disposition;
d) Failing to publish the auction
of public property in accordance with the law on management and use of public
property (failing to post information relating to the auction of public
property at prescribed locations; failing to publish or ensure the period of
time for publishing information relating to the auction of public property on
means of mass media as regulated in the law on property auction; posting or
publishing insufficient information relating to the auction).
3. A fine ranging
from VND 3,000,000 to VND 5,000,000
shall be imposed for one of the following violations:
a) Failing to
establish a valuation council as regulated by laws;
b) Failing to publish information
relating to the auction of public property as regulated in Point d Clause 2 of
this Article.
4. Fines shall
be imposed for failure to carry out valuation for using as the basis for
determining the starting price when making disposition of
property that is working office, public service facility or other property on
land by selling method, or failure to organize property auction in cases where
the disposition of property requires property auction. To be specific:
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b) A fine ranging
from VND 5,000,000 to VND 10,000,000 shall be imposed if the property is worth VND 100,000,000 or more;
c) A fine ranging
from VND 10,000,000 to VND 20,000,000 shall be imposed if the property is working office, public service facility or car.
Article
17. Violations against regulations on access to and use of public property data
The following fines shall be
imposed upon organizations or individuals for committing violations against
regulations on access to and use of public property date:
1. A fine ranging
from VND 500,000 to VND 1,000,000
shall be imposed for commission of one of the following violations:
a) Making property declarations for
inputting property data to the National database public property with entries
which are not consistent with legal documents of the property or its current
status;
b) Assigning inferior
units to input property data without obtaining a written approval from the
Ministry of Finance;
c) Inputting or approving public
property data which is not conformable with property declarations made by that
organization in charge or managing and using the property.
2. A fine ranging
from VND 1,000,000 to VND 5,000,000
shall be imposed for one of the following violations:
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b) Accessing, infiltrating or
attempting to access, infiltrate, destroy or alter data on the National
database on public property or structure of software program;
c) Using information relating to
public property on the National database on public property of regulatory
authorities, organizations and units ultra vires;
d) Using public property data on
the National database on public property for personal purposes without
permission from the competent authority in charge of managing that database
(i.e. using information on the National database on public property for
purposes other than the ones prescribed in the law regulations on management
and operation of software for management and registration of public property
without permission from the competent authority in charge of managing that
database).
3. Remedial measures:
a) Forged or falsified declarations
of property shall be invalidated;
b) The violator is compelled to
correct data which must be conformable with current status of property;
c) The violator is compelled to
make additional declarations of property in case of changes in property-related
operations;
d) The
violator is compelled to correct information that is untrue or
causes misunderstanding;
dd) The
violator is compelled to return illegal benefits obtained from
administrative violations.
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Article
18. Violations against regulations on equipment and provision of
property of state-funded projects
1. The
organizations that procure property without obtaining decisions issued by
competent authorities or officers shall incur fines according to regulations in
Clause 1 Article 6 hereof.
2. The
organizations that do not apply the centralized procurement method when
procuring property on the list subject to centralized procurement shall incur
fines according to regulations in Clause 2 Article 6 hereof.
3. The
organizations that procure property beyond the prescribed spending limits shall
incur fines according to regulations in Clause 3 Article 6 hereof.
The value of property in excess of
the prescribed spending limits shall be determined according to regulations in Clause 5 Article 6 hereof.
4. The
organizations that commit violations against regulations on leasing of property
to serve management tasks of state-funded projects shall incur fines according
to regulations in Article 7 hereof.
Article
19. Violations against regulations on allocation and use of property of state-funded
projects
1. The
organizations that allocate or use property of state-funded projects beyond the
prescribed limits or for improper purposes shall incur fines according to
regulations in Article 8 hereof.
2. The organizations
that lend property of state-funded projects inconsistently
with regulations shall incur fines according to regulations in
Article 9 hereof.
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4. The
organizations or individuals that encroach upon working offices or public
service facilities of management boards of state-funded projects shall
incur fines according to regulations in Article 11 hereof.
5. The organizations or
individuals that illegally appropriate
property of state-funded projects shall incur fines according to regulations in
Article 12 hereof.
6. The
organizations that commit violations against regulations on use of property of
state-funded projects for production or business purposes, leasing or joining
in cooperation or association shall incur fines according to
regulations in Article 13 hereof.
7. The organizations
that do not carry out maintenance or repair of property of
state-funded projects in accordance with law regulations shall incur fines according to regulations in Article 14
hereof.
Article
20. Violations against regulations on disposition of property upon
project completion or property being no longer in use
1. A fine ranging
from VND 500,000 to VND 1,000,000 shall be imposed for one of the following
violations:
a) Failing to inventory and submit
report to a competent authority for carrying out
disposition of property within the prescribed time limit;
b) Failing to request competent
authorities to establish public ownership of property transferred by ODA
experts or construction contractors to Vietnam Government as regulated.
2. A fine ranging
from VND 5,000,000 to VND 10,000,000 shall be imposed for one of the following
violations:
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b) Dismantling
or changing structure, spare parts or components of property.
3. The organizations
that sell, transfer, liquidate or destruct property
without obtaining decisions issued by competent authorities or officers shall
incur fines according to regulations in Clause 3 Article 15 hereof.
4. The
organizations that make improper declarations of list and current status of property
requiring disposition shall incur fines according to regulations
in Clause 4 Article 15 hereof.
5. The
organizations that fail to implement property disposition plans approved by
competent authorities or officers shall incur fines according to
regulations in Article 16 hereof.
6. Remedial measures:
The organization that
commits the violation in Clause 2 of this Article shall also be liable to the
following remedial measures:
a) The violating
organization is compelled to restore original conditions of property which has
been damaged by the violation. In case of failure to restore the original
conditions of property, the violating organization is required to pay an amount
of money equivalent to the value of property or provide another property which has
the same uses and value with the original property;
b) The violating
organization is compelled to return an amount of money equivalent to the
value of lost or damaged property. The amount of money payable
which is equivalent to the value of property lost or damaged is determined according
to regulations in Clause 6 Article 15 hereof.
Section
3. VIOLATIONS AGAINST REGULATIONS ON MANAGEMENT AND DISPOSITION OF
PROPERTY UNDER PUBLIC OWNERSHIP, PENALTIES, FINES AND REMEDIAL MEASURES
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1. A fine ranging
from VND 500,000 to VND 1,000,000 shall be imposed for one of the following
violations:
a) Failing to submit reports to
competent authorities or officers to establish public ownership of property as
regulated;
b) Failing to transfer property to
competent authorities for disposition within the prescribed time limit.
2. A fine ranging
from VND 5,000,000 to VND 10,000,000 shall be imposed for one of the following
violations:
a) Failing to
maintain property pending its disposition;
b) Dismantling or
changing structure, spare parts or components of property.
3. Remedial measures:
The organization that
commits the violation in Clause 2 of this Article shall also be liable to the
following remedial measures:
a) The violating
organization is compelled to restore original conditions of property which has
been damaged by the violation. In case of failure to restore the original
conditions of property, the violating organization is required to pay an amount
of money equivalent to the value of property or provide another property which
has the same uses and value with the original property;
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Article
22. Violations against regulations on disposition of property under
established public ownership
1. A fine ranging
from VND 500,000 to VND 1,000,000 shall be imposed for any of the following
violations:
a) Failing to submit
reports to competent authorities or officers for formulating plans for
disposition of property under established public ownership;
b) Failing to submit reports to the
competent authority or officer that formulating the plan for disposition of property
under the established public ownership within the prescribed time limits.
2. A fine ranging
from VND 1,000,000 to VND 2,000,000 shall be imposed for any of the following
violations:
a) Failing to
formulate the plan for disposition of property under
established public ownership;
b) Failing to
formulate the plan for disposition of property under established public
ownership within the prescribed time limit.
3. The organizations or
individuals that fail to implement plans for disposition
of property under established public ownership approved by
competent authorities or officers shall incur fines according to regulations in
Article 16 hereof.
Article
23. Violations against regulations on access and use of data on property under
established public ownership
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Section
4. VIOLATIONS AGAINST REGULATIONS ON MANAGEMENT AND
USE OF INFRASTRUCTURE PROPERTY
Article
24. Violations against regulations on operation of infrastructure
property
1. A fine
ranging from VND 10,000,000 to VND 20,000,000 shall be imposed for failing to
obtain a decision approving the Scheme for operation of infrastructure property
issued by a competent authority or officer according to regulations of the Law
on management and use of public property when leasing infrastructure property
or giving the right to operate infrastructure property to another party under
concession agreement for a stated period of time.
2. Fines shall
be imposed for committing violations against regulations on determination of
infrastructure property rental and concession price. To be specific:
a) A fine ranging
from VND 1,000,000 to VND 5,000,000 shall be imposed for establishing a
property valuation council with improper composition or
ultra vires;
b) A fine ranging from VND
5,000,000 to VND 10,000,000 shall be imposed for failing to adopt methods or
follow procedures laid down by law when selecting valuation service providers
to determine infrastructure property lease or concession price.
3. A fine
ranging from VND 15,000,000 to VND 20,000,000 shall be imposed for carrying out
lease or concession of infrastructure property for a specific period for the
purposes other than those defined in the Scheme approved by a competent
authority or officer.
4. Remedial measures:
The violator is
required to return money obtained from the violations in
Clause 1 and Clause 2 of this Article.
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1. A fine ranging
from VND 1,000,000 to VND 5,000,000
shall be imposed for one of the following violations:
a) Failing to make
declaration or plan for disposition of infrastructure
property as regulated by laws;
b) Failing to request
competent authorities to appropriate, transfer, sell, liquidate or destruct infrastructure property when meeting regulatory requirements (unless a public
property is still used to serve demand of an authority, organization or
enterprise although its term of use expires as regulated by law; in such case, the
property disposition shall be subject to decision of the head of
that authority, organization or enterprise);
c) Failing to submit reports to competent authorities for disposition of property that is lost
or damaged.
2. A fine ranging
from VND 5,000,000 to VND 10,000,000
shall be imposed for one of the following violations:
a) Failing to
maintain infrastructure property pending its disposition;
b) Improperly declaring list and
current status of property requiring disposition resulting in a decision on
disposition of property made inconsistently with regulations.
3. A fine ranging
from VND 10,000,000 to VND 20,000,000 shall be imposed for disposition of
property without decision issued by a competent authority or officer.
4. Remedial measures:
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Article
26. Violations against regulations on organization of disposition of
infrastructure property
1. A fine ranging
from VND 500,000 to VND 1,000,000 shall be imposed for one of the following violations:
a) Failing to
implement the property disposition plan approved by a competent authority or
officer within the prescribed time limit;
b) Failing to
transfer property which is subject to a property transfer or appropriation
decision to the property-receiving authority within the prescribed time limit.
2. A fine ranging
from VND 1,000,000 to VND 5,000,000
shall be imposed for one of the following violations:
a) Establishing a valuation council
or property disposition council with improper composition or ultra
vires;
b) Failing to publish
the auction of public property in accordance with the law on property auction (failing to post information relating to the auction of public
property at prescribed locations; failing to publish or ensure the period of
time for publishing information relating to the auction of public property on
means of mass media as regulated in the law on property auction; posting or
publishing insufficient information relating to the auction).
3. A fine ranging
from VND 5,000,000 to VND 10,000,000 shall be imposed for one of the following
violations:
a) Failing to
establish a valuation council or property
disposition council as regulated by laws;
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c) Failing to publish
information relating to the auction of public property as regulated in Point d
Clause 2 of this Article.
4. A fine
ranging from VND 10,000,000 to VND 20,000,000 shall be imposed for failing to
carry out valuation for using as the basis for determining the starting
price when making disposition of infrastructure property by selling
method.
Article
27. Violations against regulations on access to and use of infrastructure
property data
The organizations or
individuals that commit violations against regulations on access and use of
data on infrastructure property shall incur fines
according to regulations in Article 17 hereof.
Section 5. POWER
TO MAKE RECORDS OF VIOLATIONS AGAINST REGULATIONS ON MANAGEMENT AND USE OF
PUBLIC PROPERTY AND POWER TO IMPOSE PENALTIES
Article
28. Power to make records of violations against regulations on management and
use of public property
1. Persons
that have the power to make records of violations against
regulations on management and use of public property include:
a) Persons that have the power to
impose penalties for administrative violations against regulations on
management and use of public property prescribed in Article 29 and Article 30
hereof;
b) Officials who are assigned to
inspect the compliance with the law on management and use of public property.
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Article
29. Power to impose penalties of Chairpersons of People’s Committees
1. Chairpersons of
People’s Committees of districts shall have the power to:
a) Issue warnings;
b) Impose a fine up
to VND 50,000,000;
c) Confiscate the
exhibits and instrumentalities for committing administrative
violations worth less than the fine specified in Point b of this Clause;
d) Impose the
remedial measures mentioned in Clause 3 Article 4 of this Decree.
2. Chairpersons of
People’s Committees of provinces shall have the power to:
a) Issue warnings;
b) Impose a fine up
to VND 100,000,000;
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d) Impose the
remedial measures mentioned in Clause 3 Article 4 of this Decree.
Article
30. Power to impose penalties of inspectors
1. On-duty inspectors and persons assigned to carry out specialized inspections in the
field of management and use of public property shall have the
power to:
a) Issue warnings;
b) Impose a fine up
to VND 500,000;
c) Confiscate the
exhibits and instrumentalities for committing administrative violations worth
less than the fine specified in Point b of this Clause;
d) Impose the
remedial measures mentioned in Clause 3 Article 4 of this Decree.
2. Chief Inspectors
of provincial Departments, and heads of specialized inspection teams
established by provincial Departments shall have the power to:
a) Issue warnings;
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c) Confiscate the
exhibits and instrumentalities for committing administrative violations worth
less than the fine specified in Point b of this Clause;
d) Impose the
remedial measures mentioned in Clause 3 Article 4 of this Decree.
3. Heads of
specialized inspection teams established by Ministries shall
have the power to:
a) Issue warnings;
b) Impose a fine up
to VND 70,000,000;
c) Confiscate the
exhibits and instrumentalities for committing administrative violations worth
less than the fine specified in Point b of this Clause;
d) Impose the
remedial measures mentioned in Clause 3 Article 4 of this Decree.
4. Chief
Inspectors of Ministries shall have the power to:
a) Issue warnings;
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c) Confiscate the
exhibits and instrumentalities for committing administratvie violations;
d) Impose the
remedial measures mentioned in Clause 3 Article 4 of this Decree.
Chapter III
ADMINISTRATIVE VIOLATIONS AGAINST REGULATIONS
ON THRIFT PRACTICE AND WASTEFULNESS COMBAT, PENALTIES, FINES AND REMEDIAL
MEASURES
Section
1. VIOLATIONS AGAINST REGULATIONS ON THRIFT PRACTICE AND WASTEFULNESS COMBAT,
AND FINES
Article
31. Violations against law regulations on thrift practice and wastefulness
combat regarding the use of means of communications, electricity, water, gas
and oil, newspapers, books, office stationery, organization of conferences and
seminars, reception of guests, travelling on domestic and overseas business
trips using funding derived from state budget, procurement of equipment to
serve operation of health facilities covered by state budget but not liable to
criminal prosecution
1. A fine
ranging from VND 1,000,000 to VND 2,000,000 shall be imposed for using means of
communications, electricity, water, gas and oil, newspapers, books, office
stationery, organization of conferences and seminars, reception of guests,
travelling on domestic and overseas business trips using funding derived from
state budget in excess of the spending limits imposed by competent authorities.
2. Fines shall
be imposed for procuring equipment that is not on the list approved by a
competent authority when making procurement of equipment to serve operation of
health facilities using funding from state budget. To be specific:
a) A fine ranging from VND
1,000,000 to VND 5,000,000 shall be imposed if total value of pieces of
equipment that are not on the approved list and procured in each transaction is
less than VND 50,000,000;
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c) A fine ranging
from VND 10,000,000 to VND 20,000,000 shall be imposed if total value of pieces
of equipment that are not on the approved list and procured in each transaction
is VND 100,000,000 or more.
3. Health
facilities that procure equipment to serve their operation by using state
budget in excess of the prescribed limits shall incur fines according to
regulations in Article 6 hereof.
Article
32. Violations against law regulations on thrift practice and wastefulness
combat regarding management and use of state budget-derived funds
1. A fine ranging
from VND 20,000,000 to VND 30,000,000 shall be imposed for committing one of the following violations:
a) Using a state budget-derived
fund for improper purposes or inconsistently with its principles announced by a
competent authority;
b) Using a state budget-derived fund inconsistently with its operating
regulations or financial mechanism promulgated by a competent authority.
2. A fine
ranging from VND 50,000,000 to VND 60,000,000 shall be imposed for using
investment capital in a wasteful manner that is inconsistent with standards,
technical regulations or beyond the prescribed limits.
3. Remedial measures:
a) Funding that is used for
improper purposes must be recovered and transferred to the state budget-derived
fund in case of commission of the violation in Point a Clause 1 of this
Article;
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Article
33. Violations against law regulations on thrift practice and wastefulness
combat regarding extraction and use of natural resources but not liable to
criminal prosecution
1. A fine
ranging from VND 1,000,000 to VND 5,000,000 shall be imposed for illegally
obstructing scientific and technological research and application or
implementation of projects using recyclable resources.
2. A fine
ranging from VND 20,000,000 to VND 30,000,000 shall be imposed for extracting
and using natural resources inconsistently with planning or procedures approved
by competent authorities.
Article
34. Violations against law regulations on thrift practice and wastefulness
combat regarding investment and construction of projects using state funding,
money and public property
Violations against regulations on
thrift practice and wastefulness combat regarding in investment and
construction of state-funded projects shall be handled in accordance with the
Government's Decree No. 139/2017/ND-CP dated November 27,
2017, relevant documents and their amendments (if any).
Article
35. Violations against law regulations on thrift practice and wastefulness
combat regarding management and use of working offices and public service
facilities by organizations funded by state budget but not liable to criminal
prosecution
1. A fine
ranging from VND 5,000,000 to VND 10,000,000 shall be imposed for committing
violations against regulations on management of working offices and public
service facilities by organizations funded by state budget resulting in
wastefulness.
2. The
organizations funded by state budget but committing violations against
regulations on standards and norms for using working offices and public service
facilities resulting in wastefulness shall incur fines according to regulations
in Article 8 hereof.
Article
36. Violations against law regulations on thrift practice and wastefulness
combat regarding management and use of capital and public property at
state-funded single-member limited liability companies but not liable to
criminal prosecution
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2. A fine
ranging from VND 30,000,000 to VND 40,000,000 shall be imposed for committing
violations against regulations on management and use of capital of state-funded
single-member limited liability companies resulting in
wastefulness and procurement, management and use of assets and materials by
state-funded single-member limited liability companies
inconsistently with law regulations on financial management, public property
and construction management.
3. A fine ranging
from VND 40,000,000 to VND 70,000,000 shall be imposed for procurement,
management and use of fixed assets, materials and other assets by
state-funded single-member limited liability companies in excess of the limits
imposed by competent authorities.
4. A fine ranging
from VND 70,000,000 to VND 100,000,000
shall be imposed for management and use of funding for covering expenses
of state-funded single-member limited liability companies inconsistently
with limits, unit prices and standards imposed
by competent authorities.
Section
2. POWER TO MAKE RECORDS OF VIOLATIONS AGAINST REGULATIONS ON THRIFT
PRACTICE AND WASTEFULNESS COMBAT AND POWER TO IMPOSE PENALTIES
Article
37. Power to make records of violations against regulations on thrift practice
and wastefulness combat
1. Persons
that have power to make records of violations against regulations
on thrift practice and wastefulness combat include:
a) Persons that have
the power to impose penalties for administrative violations against regulations
on thrift practice and wastefulness combat prescribed in
Article 38 and Article 39 hereof;
b) Officials assigned to inspect
the compliance with law regulations on thrift practice and wastefulness combat.
2. The persons that
have the power to make records of violations in Clause 1 of this Article shall
be responsible for issuing penalty imposition decisions or requesting the
competent authorities in Article 38 and Article 39 hereof to issue penalty
imposition decisions.
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1. Chairpersons of
People’s Committees of districts shall have the power to:
a) Impose a fine up
to VND 50,000,000;
b) Impose the
remedial measures mentioned in Clause 4 Article 4 of this Decree.
2. Chairpersons of
People’s Committees of provinces shall have the power to:
a) Impose a fine up
to VND 200,000,000;
b) Impose the
remedial measures mentioned in Clause 4 Article 4 of this Decree.
Article
39. Power to impose penalties of inspectors
1. Chief
inspectors of provincial departments, holders of equivalent positions assigned
by the Government to perform specialized inspections and heads of specialized
inspection teams established by provincial departments shall have the power to:
a) Impose a fine up
to VND 100,000,000;
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2. Heads of
specialized inspection teams established by Ministries shall have the power to:
a) Impose a fine up
to VND 140,000,000;
b) Impose the remedial
measures mentioned in Clause 4 Article 4 of this Decree.
3. Chief Inspectors
of Ministries shall have the power to:
a) Impose a fine up
to VND 200,000,000;
b) Impose the
remedial measures mentioned in Clause 4 Article 4 of this Decree.
Chapter IV
ADMINISTRATIVE VIOLATIONS AGAINST REGULATIONS
ON NATIONAL RESERVE, PENALTIES, FINES AND REMEDIAL MEASURES
Section 1.
ADMINISTRATIVE VIOLATIONS AGAINST REGULATIONS ON NATIONAL RESERVE AND PENALTIES
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1. A fine
ranging from VND 1,000,000 to VND 3,000,000 shall be imposed for failing to
publicly notify or post information relating to eligible buyers/sellers,
buying/selling methods, prices, time limits, quantities, categories, specifications,
standards and quality of national reserve goods as regulated by competent
authorities.
2. A fine ranging
from VND 3,000,000 to VND 5,000,000 shall be imposed for:
Improperly complying with competent
authorities’ regulations on methods for buying and selling each category of
national reserve goods.
3. A fine ranging
from VND 5,000,000 to VND 7,000,000
shall be imposed for committing one of the following
violations:
a) Failing to carry out purchase of
national reserve goods when meeting all regulatory requirements according to
decisions of competent authorities;
b) Buying/selling national reserve
goods without written approval from competent authorities;
c) Buying/selling national reserve
goods after the prescribed time limits;
d) Buying/selling national reserve
goods whose quantities, categories, specifications, standards and/or quality
are not conformable with the ones approved by competent authorities;
dd) Failing to comply
with competent authorities’ regulations on methods for buying and selling each
category of national reserve goods.
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5. Remedial measures:
The violator is
required to return illegal benefits obtained from the violations in Clause 1,
Clause 2 and Clause 3 of this Article.
Article
41. Violations against regulations on management of national reserve goods
1. A fine ranging
from VND 300,000 to VND 500,000 shall
be imposed for any of the following violations:
a) Failing to open books for
monitoring quality, quantities and categories of national reserve goods during
their storage;
b) Failing to submit periodic
and/or ad hoc reports on storage of national reserve goods.
2. The
following fines shall be imposed for committing violations against regulations
on transfer of national reserve goods:
a) A fine ranging from VND
5,000,000 to VND 7,000,000 shall be imposed for improperly implementing
competent authorities’ regulations on transfer of national reserve goods;
b) A fine ranging
from VND 7,000,000 to VND 10,000,000
shall be imposed for failing to comply competent
authorities’ regulations on transfer of national reserve goods.
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National reserve goods which are
improperly transferred must be recovered in case of commission of the violation
in Clause 2 of this Article.
Article
42. Violations against regulations on storage of national reserve goods
1. Fines shall
be imposed for improperly implementing or failing to comply with national
technical regulations or technical requirements for temporary storage of
national reserve goods of competent authorities; improperly implementing
regulations on periods of storing national reserve goods; storing national
reserve goods at the places other than the ones approved by competent
authorities. To be specific:
a) A fine ranging from VND 300,000
to VND 500,000 shall be imposed if the violation causes no damage;
b) A fine ranging from VND
3,000,000 to VND 5,000,000 shall be imposed if the violation causes damage to
national reserve goods assessed at less than VND 50,000,000;
c) A fine ranging
from VND 5,000,000 to VND 10,000,000
shall be imposed if the violation causes damage to national reserve goods
assessed at from VND 50,000,000 to under VND
100,000,000.
2. A warning
or a fine shall be imposed for obstructing the storage and transfer of national
reserve goods. To be specific:
a) A warning
or a fine ranging from VND 300,000 to VND 500,000 shall be
imposed if the violation causes no damage;
b) A fine ranging
from VND 3,000,000 to VND 5,000,000 shall be imposed if the violation causes
damage to national reserve goods assessed at less than VND 50,000,000;
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3. A fine
ranging from VND 10,000,000 to VND 20,000,000 shall be imposed for hiring
organizations or individuals that do not meet relevant requirements to store
national reserve goods worth less than VND 100,000,000.
4. Remedial measures:
The violator is
required to return illegal benefits obtained from the violations in Clause 1,
Clause 2 and Clause 3 of this Article.
Article
43. Penalties for deliberately encroaching on or destroying technical
facilities, warehouses for storing national reserve goods or national reserve
goods but not liable to criminal prosecution
1. A fine
ranging from VND 300,000 to VND 500,000 shall be imposed for illegally
encroaching on technical facilities or warehouses for storing national reserve
goods.
2. A fine ranging
from VND 3,000,000 to VND 5,000,000 shall be imposed for deliberately
destroying technical facilities or warehouses for storing
national reserve goods.
3. The following
fines shall be imposed for deliberately damaging or destroying national reserve goods:
a) A fine ranging
from VND 300,000 to VND 500,000 shall be imposed if the violation does
not cause damage to national reserve goods;
b) A fine ranging
from VND 3,000,000 to VND 5,000,000 shall be imposed if the violation causes
damage to national reserve goods assessed at less than VND 50,000,000;
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4. Additional
penalties:
The exhibits
and instrumentalities for committing the
violations prescribed in Clause 1 and Clause 2 of this Article shall be confiscated.
5. Remedial measures:
a) The
violator is compelled to restore original conditions of technical
facilities or warehouses for storing national reserve goods in case of
commission of the violation in Clause 2 of this Article;
b) The violator is compelled to
return national reserve goods damaged or destroyed by the violation prescribed
in Clause 3 of this Article.
Article
44. Violations against regulations on distribution and use of national reserve
goods for relief
1. A warning
or a fine shall be imposed for deliberately obstructing the act of distributing
or using national reserve goods for relief or performing another task relating
to national reserve. To be specific:
a) A warning or a
fine ranging from VND 300,000 to VND 500,000 shall be imposed if the violation
causes no damage;
b) A fine ranging
from VND 3,000,000 to VND 5,000,000 shall be imposed if the violation causes
damage to national reserve goods assessed at less than VND 50,000,000;
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2. A warning
or a fine ranging from VND 300,000 to VND 500,000 shall be imposed for failing
to follow procedures for distributing or using national reserve goods worth
less than VND 100,000,000 for relief purposes within the prescribed time
limits.
3. A warning
or a fine shall be imposed for using national reserve goods for improper
purposes; distributing or providing national reserve goods as relief to
unqualified beneficiaries as decided by competent authorities; failing to
ensure categories, quantities, quality, standards and specifications of
national reserve goods distributed or provided for relief purpose. To be
specific:
a) A warning or a
fine ranging from VND 300,000 to VND 500,000 shall be imposed if the violation
causes no damage;
b) A fine ranging
from VND 3,000,000 to VND 5,000,000 shall be imposed if the violation causes
damage to national reserve goods assessed at less than VND 50,000,000;
c) A fine ranging
from VND 5,000,000 to VND 10,000,000 shall be imposed if the violation causes
damage to national reserve goods assessed at from VND 50,000,000 to under VND
100,000,000.
4. Fines shall be imposed for causing loss of national
reserve goods used for relief purposes or performing another task. To be specific:
a) A fine ranging
from VND 1,000,000 to VND 5,000,000 shall be imposed if the violation involves national reserve goods assessed at less than VND 50,000,000;
b) A fine ranging
from VND 5,000,000 to VND 10,000,000 shall be imposed if the violation involves national reserve goods assessed at from VND 50,000,000 to under VND
100,000,000.
5. A fine
ranging from VND 2,000,000 to VND 3,000,000 shall be imposed for distributing
national reserve goods worth less than VND 100,000,000 to ineligible recipients
as decided by competent authorities.
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7. A fine ranging
from VND 5,000,000 to VND 10,000,000
shall be imposed for delaying the distribution of national reserve goods worth
less than VND 100,000,000 according to decisions of competent
authorities resulting in damage caused to national reserve goods.
8. Additional
penalties:
The exhibits
and instrumentalities for committing the violation
prescribed in Clause 1 of this Article shall be confiscated.
9. Remedial measures:
a) The
violator is compelled to return illegal benefits obtained from
the administrative violations prescribed in Clauses 3, 4, 5 and 6
this Article;
b) The violator is compelled to
return national reserve goods lost or used for improper purposes or distributed
to ineligible beneficiaries in case of commission of the violations prescribed in Clauses 3, 4 and 5 this Article;
c) The violator is compelled to
return damaged, poor quality, disqualified or deficient amounts of national
reserve goods in case of commission of the violation in Clause 7 of this
Article.
Article
45. Violations against regulations on warehousing and dispatching of national
reserve goods
1. A warning or a
fine shall be imposed for obstructing warehousing, dispatching or
transport of of national reserve goods. To be specific:
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b) A fine ranging
from VND 3,000,000 to VND 5,000,000 shall be imposed if the violation causes
damage to national reserve goods assessed at less than VND 50,000,000;
c) A fine ranging
from VND 5,000,000 to VND 10,000,000 shall be imposed if the violation causes damage
to national reserve goods assessed at from VND 50,000,000 to under VND
100,000,000.
2. A fine ranging
from VND 500,000 to VND 2,000,000 shall be imposed for
committing one of the following violations:
a) Failing to carry out or
improperly following procedures for warehousing or dispatching of national
reserve goods worth less than VND 100,000,000;
b) Failing to deliver national
reserve goods worth less than VND 100,000,000 according to quantities,
categories, specifications, standards and quality specified in decisions of
competent authorities.
3. A fine
ranging from VND 3,000,000 to VND 5,000,000 shall be imposed for failing to
ensure categories, specifications, quantities, quality,
times and locations specified in decisions of competent authorities
when warehousing or dispatching national reserve goods worth less
than VND 100,000,000.
4. A fine ranging
from VND 5,000,000 to VND 10,000,000
shall be imposed for warehousing or dispatching national
reserve goods worth less than VND 100,000,000 without decisions of competent authorities.
5. Additional
penalties:
The exhibits and
instrumentalities for commiting the violation prescribed in Clause 1 of this
Article shall be confiscated.
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a) The violator is
compelled to return illegal benefits obtained from the administrative
violations prescribed in Clauses 2, 3 and 4 this Article;
b) The violator is compelled to
return national reserve goods which are improperly dispatched in case of commission of the violations prescribed in Clauses 2, 3 and
4 this Article.
Article
46. Violations against regulations on receipt of national reserve goods
but not liable to criminal prosecution
1. A fine ranging
from VND 500,000 to VND 2,000,000 shall be imposed for
committing one of the following violations:
a) Failing to receive national
reserve goods on the date and at the location specified in decision of a
competent authority;
b) Failing to follow or improperly
following procedures for receiving national reserve goods.
2. A fine
ranging from VND 1,000,000 to VND 3,000,000 shall be imposed for refusing to
receive national reserve goods (national reserve goods dispatched to used for
relief or performing another task assigned by a competent authority) when all
relevant conditions set by a competent authority have been met.
Article
47. Penalties for illegally interfering with national reserve activities
1. A warning
or a fine shall be imposed for illegally interfering with national reserve
activities. To be specific:
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b) A fine ranging
from VND 3,000,000 to VND 5,000,000 shall be imposed if the violation causes
damage to national reserve goods assessed at less than VND 50,000,000;
c) A fine ranging
from VND 5,000,000 to VND 10,000,000 shall be imposed if the violation causes
damage to national reserve goods assessed at from VND 50,000,000 to under VND
100,000,000.
2. Additional
penalties:
The exhibits and
instrumentalities for commiting the violation prescribed in Clause 1 of this
Article shall be confiscated.
Article
48. Violations against regulations on management of funding and expenditures
for national reserve activities
1. A warning
or a fine ranging from VND 300,000 to VND 500,000 shall be imposed for failing
to submit reports on use of funding from state reserve for buying national
reserve goods as regulated.
2. A fine ranging
from VND 1,000,000 to VND 3,000,000 shall be imposed for committing one of the
following violations:
a) Making payments without
contracts for buying/selling national reserve goods;
b) Making payments for incorrect
quantity of national reserve goods or those without sufficient
invoices/documents;
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d) Making payments without approval
by head of national reserve unit;
dd) Using funding for covering costs
of warehousing, dispatching and preserving national reserve goods in an
improper manner or beyond the prescribed spending limits.
3. A fine ranging
from VND 5,000,000 to VND 10,000,000
shall be imposed for committing one of the following violations:
a) Using cash in national reserve
for improper purposes;
b) Failing to implement or
improperly implementing regulations on management of funding derived from
national reserve;
c) Failing to return the amounts
remaining after purchasing national reserve goods as regulated by competent
authorities.
4. Remedial measures:
The violator is
required to return illegal benefits obtained from the violations in Clause 2
and Clause 3 of this Article.
Article
49. Violations against regulations on trading, pledging, mortgage,
leasing and operation of property in national reserve
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a) A fine ranging
from VND 3,000,000 to VND 5,000,000 shall be imposed if the property is worth
less than VND 70,000,000;
b) A fine ranging
from VND 5,000,000 to VND 10,000,000 shall be imposed for if the property is worth from VND 70,000,000 to under
VND 150,000,000;
c) A fine ranging
from VND 10,000,000 to VND 20,000,000 shall be imposed for if the property is
worth from VND 150,000,000 to under VND 300,000,000;
d) A fine ranging
from VND 20,000,000 to VND 30,000,000 shall be imposed for if the property is
worth from VND 300,000,000 to under VND 500,000,000;
dd) A fine ranging
from VND 30,000,000 to VND 40,000,000
shall be imposed if the property is worth VND 500,000,000 or more.
2. Fines shall be
imposed for illegally trading, pledging, mortgaging, leasing or operating
property that is warehouse for national reserve goods. To
be specific:
a) A fine ranging
from VND 20,000,000 to VND 30,000,000 shall be imposed if the warehouse for
national reserve goods is worth less than VND 500,000,000;
b) A fine ranging
from VND 30,000,000 to VND 40,000,000
shall be imposed if the warehouse for national reserve goods is worth VND 500,000,000 or more.
3. Remedial measures:
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b) The violator is
required to return illegal benefits obtained from the violations in Clause 1
and Clause 2 of this Article.
Section
2. POWER TO MAKE RECORDS OF VIOLATIONS AGAINST REGULATIONS ON NATIONAL RESERVE
AND POWER TO IMPOSE PENALTIES
Article 50.
Power to make records of violations against regulations on national reserve
1. Persons
that have the power to make records of violations against
regulations on national reserve include:
a) Persons that have
the power to impose penalties for administrative violations against regulations
on national reserves prescribed in Articles 51, 52
and 53 hereof;
b) Officials assigned to inspect
the compliance with law regulations on national reserves.
2. The persons that
have the power to make records of violations in Clause 1 of this Article shall
be responsible for issuing penalty imposition decisions or requesting the
competent authorities in Articles 51, 52 and 53 hereof to
issue penalty imposition decisions.
Article
51. Power to impose penalties of Chairpersons of People’s Committees
1. Chairpersons of
People’s Committees of districts shall have the power to:
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b) Impose a fine up
to VND 50,000,000;
c) Confiscate the
exhibits and instrumentalities for committing administrative violations worth
less than the fine specified in Point b of this Clause;
d) Impose the
remedial measures mentioned in Clause 5 Article 4 of this Decree.
2. Chairpersons of
People’s Committees of provinces shall have the power to:
a) Issue warnings;
b) Impose a fine up
to VND 100,000,000;
c) Confiscate the
exhibits and instrumentalities for committing administratvie violations;
d) Impose the
remedial measures mentioned in Clause 5 Article 4 of this Decree.
Article
52. Power to impose penalties of inspectors
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a) Issue warnings;
b) Impose a fine up
to VND 500,000;
c) Confiscate the
exhibits and instrumentalities for committing administrative violations worth
less than the fine specified in Point b of this Clause.
2. Chief Inspectors
of provincial departments, heads of inspection teams established by provincial
departments to carry out inspection of compliance with law regulations on
national reserves, heads of specialized inspection teams established by the
General Director of General Department of State Reserves and heads of
specialized inspection teams established by Directors of Regional Departments
of State Reserves shall have the power to:
a) Issue warnings;
b) Impose a fine up
to VND 50,000,000;
c) Confiscate the
exhibits and instrumentalities for committing administrative violations worth
less than the fine specified in Point b of this Clause;
d) Impose the
remedial measures mentioned in Clause 5 Article 4 of this Decree.
3. Heads of
specialized inspection teams established by Ministries to carry out inspections
in the field of national reserves shall have the power to:
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b) Impose a fine up
to VND 70,000,000;
c) Confiscate the
exhibits and instrumentalities for committing administrative violations worth
less than the fine specified in Point b of this Clause;
d) Impose the
remedial measures mentioned in Clause 5 Article 4 of this Decree.
4. Chief Inspectors
of Ministries shall have the power to:
a) Issue warnings;
b) Impose a fine up
to VND 100,000,000;
c) Confiscate the
exhibits and instrumentalities for committing administratvie violations;
d) Impose the
remedial measures mentioned in Clause 5 Article 4 of this Decree.
Article
53. Power to impose penalties of Directors of Regional Departments of
State Reserves and General Director of General Department of State Reserves
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a) Issue warnings;
b) Impose a fine up
to VND 70,000,000;
c) Confiscate the
exhibits and instrumentalities for committing administrative violations worth
less than the fine specified in Point b of this Clause;
d) Impose the
remedial measures mentioned in Clause 5 Article 4 of this Decree.
2. General
Director of General Department of State Reserves performing
specialized inspections in the field of national reserves shall have the power
to:
a) Issue warnings;
b) Impose a fine up
to VND 100,000,000;
c) Confiscate the
exhibits and instrumentalities for committing administratvie violations;
d) Impose the
remedial measures mentioned in Clause 5 Article 4 of this Decree.
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ADMINISTRATIVE VIOLATIONS AGAINST REGULATIONS
ON STATE TREASURY, PENALTIES, FINES AND REMEDIAL MEASURES
Section 1.
VIOLATIONS AGAINST REGULATIONS ON STATE BUDGET EXPENDITURES AND PENALTIES
Article
54. Violations against regulations on state budget expenditures included in
state budget estimates given by competent authorities
1. A fine ranging
from VND 1,000,000 to VND 2,000,000 shall be imposed for committing one of the following violations:
a) Preparing and sending documents
to the State Treasury for receiving funding for expenses or tasks which are not
defined in a state budget estimate approved by a competent authority;
b) Preparing and sending documents
to the State Treasury for receiving funding for covering expenditures beyond
the state budget estimate or the annual funding plan approved by a competent
authority or in excess of approved estimated expenditures (with respect to
tasks performed without contracts);
c) Preparing and sending documents
to the State Treasury for receiving funding for covering expenses which are not
conformable with state budget estimate given by a competent authority (improperly
spending in terms of funding sources, purposes, subjects and spending items);
improperly using state funding for investment or improperly allocating funding
to list of projects approved by a competent authority.
2. A fine ranging
from VND 3,000,000 to VND 6,000,000 shall be imposed for committing one of the
following violations:
a) Preparing documents requesting
the State Treasury to make payments for workload that is not yet performed;
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c) Preparing documents requesting
the State Treasury to make payment in excess of the value specified in a
relevant contract or its appendix.
3. Remedial measures:
The violator is compelled to
recover amounts of money paid according to
payment vouchers/documents for unexecuted or uncompleted workloads that do not
meet payment requirements and amounts paid more than the value of contract or
its appendix in case of commission of the violation in Clause 2 of this
Article.
Article
55. Penalties for preparing payment documents/vouchers inconsistently with
regulations and preparing payment documents/vouchers whose contents are
different from those on original documents/vouchers if not liable to criminal
prosecution
1. A fine
ranging from VND 1,000,000 to VND 2,000,000 shall be imposed for concluding
contracts before obtaining a funding plan approved by a competent authority
(except construction works implemented according to urgent orders).
2. A fine ranging
from VND 3,000,000 to VND 6,000,000 shall be imposed for committing one of the
following violations:
a) Preparing and sending documents
to the State Treasury for improper spending in terms of positions and subjects;
b) Preparing and sending documents
requesting the State Treasury to make payments for expenditures exceeding the
prescribed spending limits in terms of quantities and values;
c) Preparing and sending documents
requesting the State Treasury to make payments inconsistently with regulations
(failing to meet payment requirements or rules).
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3. A fine ranging
from VND 2,000,000 to VND 4,000,000 shall be imposed for preparing and sending
documents whose contents are different from those on original documents,
invoices or vouchers kept at units to the State Treasury if not liable to
criminal prosecution.
4. Remedial measures:
The violator is compelled to
recover amounts of money paid according to
payment documents/vouchers which have prepared inconsistently with regulations
and amounts improperly paid according to documents/vouchers whose contents are
different from those on original documents/vouchers if not liable to criminal
prosecution in case of commission of Clause 2 or Clause 3 of this
Article.
Article
56. Penalties for forging documents requesting for allocation of state budget
but not liable to criminal prosecution
1. A fine
ranging from VND 10,000,000 to VND 15,000,000 shall be imposed for forging
documents requesting the State Treasury to allocate funding for covering
recurrent expenditures, recurrent expenditures on public services, expenditures
on national target programs, target programs using state
budget for public services (except expenditures on repair, maintenance,
improvement, upgrade or expansion of material facilities covered by state
budget for recurrent expenditures and revenues retained to cover recurrent
expenditures with total investment of more than VND 500,000,000).
2. A fine
ranging from VND 30,000,000 to VND 50,000,000 shall be imposed for forging
documents requesting the State Treasury to allocate investment funding derived
from state budget and investment funding derived from budget for target
programs or allocate funding for covering expenditures on repair, maintenance,
improvement, upgrade or expansion of material facilities covered by state
budget for recurrent expenditures and revenues retained to cover recurrent
expenditures with total investment of more than VND 500,000,000.
3. Remedial measures:
c) The
violator is compelled to recover amounts of money paid according to forged documents/vouchers if not liable to criminal
prosecution in case of commission of the violations in Clause 1 and
Clause 2 of this Article.
Article
57. Violations against regulations on payment of state budget
expenditures
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2. A fine
ranging from VND 2,000,000 to VND 4,000,000 shall be imposed for preparing
documents requesting for payment of state budget expenditures inconsistently
with payment provisions specified in the contract or its appendix signed
between the estimate unit or the investor and goods/service suppliers. To be
specific:
a) Incorrect contract value;
b) Improper payment date;
c) Improper payment
method;
d) Improper payment ratio
(including advanced payment);
dd) Payment provisions are
different from those specified in the signed contract and its appendix.
3. Remedial measures:
The violator is compelled to
complete payment documents as regulated in case of commission of the violations
in Clause 1 and Clause 2 of this Article.
Article
58. Violations against procedures for payment commitments
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a) Failing to send payment
commitment to the State Treasury in case state budget expenditures require
payment commitments;
b) Failing to send payment commitment to the State Treasury within the
prescribed time limits in case state budget expenditures require
payment commitments;
c) Sending a payment commitment in
which the requested funding exceeds the annual investment funding plan,
remaining annual estimate balance or contract value.
2. Remedial measures:
a) The violator is compelled to
follow procedures for payment commitments before requesting the State
Treasury to make payment in case of commission of the violation in Point
a Clause 1 of this Article;
b) The violator is compelled to
make payment commitment in case of commission of the violation in Point c
Clause 1 of this Article.
Article
59. Violations against procedures and time limits for advanced payment
of state budget
1. A fine ranging
from VND 1,000,000 to VND 2,000,000 shall be imposed for committing one of the
following violations:
a) Completing procedures for
advanced payment after the deadline for advanced payment of recurrent
expenditures the payment of which does not require goods sales contracts or
service provision contracts or expenditures the payment of which does not
require goods sales contracts or service provision contracts submitted to the State Treasury;
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2. A fine ranging
from VND 2,000,000 to VND 4,000,000 shall be imposed for committing one of the
following violations:
a) Failing to complete procedures
for full advance of funding for recurrent expenditures with goods sales
contracts or service provision contracts in the final payment of contract;
b) Failing to follow
procedures for full advance of funding for expenditures on
investment covered by state budget and investment funding derived from budget
for target programs or expendutires on repair, maintenance, improvement,
upgrade or expansion of material facilities covered by state budget for
recurrent expenditures and revenues retained to cover recurrent expenditures
with total investment of more than VND 500,000,000 when the payment
value (including advanced amounts and payments for completed workloads) reaches
80% of the contract value;
c) Failing to carry out or carrying
out procedures for advance of funding for covering costs of compensation and
relocation subsidies after the prescribed deadlines.
3. Remedial measures:
The violator is compelled to follow
procedures for advanced payment in case of commission of the violations in
Clause 1 and Clause 2 of this Article.
Section 2.
VIOLATIONS AGAINST REGULATIONS ON REGISTRATION AND USE OF ACCOUNTS OPENED AT
STATE TREASURY AND PENALTIES
Article
60. Violations against regulations on registration and use of accounts opened
at State Treasury
1. A fine
ranging from VND 1,000,000 to VND 2,000,000 shall be imposed for committing
violations against regulations on registration and use of accounts opened at the
State Treasury.
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Accounts must be blockaded or
closed in case of commission of the violation in Clause 1 of this Article.
Article
61. Penalties for forging documents for registration and use of accounts opened
at the State Treasury but not liable to criminal prosecution
1. A fine
ranging from VND 10,000,000 to VND 15,000,000 shall be imposed for forging
documents for registration and use of accounts opened at the State
Treasury.
2. Remedial measures:
Accounts must be
blockaded in case of commission of the violation in Clause 1 of this Article.
Section
3. POWER TO IMPOSE PENALTIES FOR ADMINISTRATIVE VIOLATIONS IN STATE
TREASURY SECTOR
Article
62. Power to make records of administrative violations in state treasury sector
1. Persons
that have the power to make records of administrative violations
in state treasury sector include:
a) Persons that have the power to
impose penalties for administrative violations against regulations on control
of state budget expenditures through the State Treasury
prescribed in Article 63 and Article 64 hereof;
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2. The persons that
have the power to make records of violations in Clause 1 of this Article shall
be responsible for issuing penalty imposition decisions or requesting the
competent authorities in Article 63 and Article 64 hereof to issue penalty
imposition decisions.
Article
63. Power to impose penalties of inspectors
1. Chief
inspectors of Provincial Departments of Finance, heads of specialized
inspection teams established by Provincial Departments of Finance, heads of
specialized inspection teams of State Treasury established by Directors of
provincial State Treasuries, and heads of specialized inspection teams of State
Treasury established by General Director of the State Treasury
of Vietnam shall have the power to:
a) Impose a fine up
to VND 50,000,000;
b) Impose the
remedial measures mentioned in Clause 6 Article 4 of this Decree.
2. Chief Inspector of
the Ministry of Finance shall have the power to:
a) Impose a fine up
to VND 100,000,000;
b) Impose the
remedial measures mentioned in Clause 6 Article 4 of this Decree.
3. Heads of
specialized inspection teams established by the Ministry of
Finance shall have the power to:
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b) Impose the
remedial measures mentioned in Clause 6 Article 4 of this Decree.
Article
64. Power to impose penalties of General Director of State Treasury; Directors
of provincial State Treasuries
1. Directors
of provincial State Treasuries shall have the power to:
a) Impose a fine up
to VND 70,000,000;
b) Impose the
remedial measures mentioned in Clause 6 Article 4 of this Decree.
2. General
Director of State Treasury shall have
the power to:
a) Impose a fine up
to VND 100,000,000;
b) Impose the
remedial measures mentioned in Clause 6 Article 4 of this Decree.
Chapter VI
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Article
65. Effect
1. This Decree comes
into force from September 01, 2019.
2. The
Government’s Decree No. 192/2013/ND-CP dated November 21,
2013 and the Government’s Decree No. 58/2015/ND-CP dated
June 16, 2015 shall be annulled from the effective date of this Decree.
Article
66. Transition clauses
Violations against regulations on management and use of public property, thrift practice and wastefulness combat, national reserve and state treasury committed before
this Decree takes effect and discovered afterwards or under consideration shall
be handled in accordance with regulations of this Decree if this Decree does
not impose legal liabilities or impose less serious legal liabilities on
violating organizations or individuals.
Article
67. Responsibility for implementation
1. The Ministry of Finance shall provide guidelines for implementation
of this Decree.
2. Ministries,
ministerial agencies, Governmental agencies,
People's Committees of all levels shall provide guidelines for implementation
of this Decree and inspect the imposition of penalties for violations against
regulations on management and use of public property, thrift
practice and wastefulness combat, national reserve and
state treasury prescribed in this Decree.
3. Upon
discovery of any violations against regulations on management and
use of public property, thrift practice and wastefulness combat,
national reserve and state treasury, state regulatory authorities,
organizations and individuals should transfer documents (if any) to or inform
persons that have the power to impose penalties prescribed in this Decree for
consideration.
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4. Ministers, heads
of ministerial agencies, heads of Governmental agencies, Chairpersons of
people’s committees of all levels, and relevant
organizations and individuals shall implement this Decree./.
ON BEHALF OF THE GOVERNMENT
THE PRIME MINISTER
Nguyen Xuan Phuc
Môi giới chuyên nghiệp
Đăng xuất
