THE MINISTRY OF CONSTRUCTION
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SOCIALIST REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
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No. 01/2005/TT-BXD
Hanoi, January 21, 2005
 
CIRCULAR
GUIDING IN DETAIL THE IMPLEMENTATION OF A NUMBER OF ARTICLES OF THE GOVERNMENT'S DECREE NO. 126/2004/ND-CP DATED MAY 26, 2004 ON THE SANCTIONING OF ADMINISTRATIVE VIOLATIONS IN URBAN INFRASTRUCTURE CONSTRUCTION AND MANAGEMENT AND HOUSE USE MANAGEMENT ACTIVITIES
Pursuant to the Government's Decree No. 36/2005/ND- CP dated March 4, 2003 defining the functions, tasks, powers and organizational structure of the Ministry of Construction;
Pursuant to the Government's Decree No. 134/2003/ND-CP dated November 14, 2004 detailing a number of articles of the 2002 Ordinance or Handling of Administrative Violations;
Pursuant to the Government's Decree No. 126/2004/ND-CP dated May 26, 2004 on sanctioning of administrative violations in urban infrastructure construction and management and house use management activities (hereinafter called Decree No. 126 for short);
In order to raise the effectiveness of the sanctioning of administrative violations in urban infrastructure construction and management and house use management activities, the Ministry of Construction hereby guides a number of Articles of Decree No. 126 as follows:
 
1. Caution:
Caution is a principal sanctioning form applicable to first-time violations involving many extenuating circumstances, for example: a household which commits a violation in digging ground for house foundation voluntarily stops such violation act and restores the ground after persons with sanctioning competence detect such act and give a warning; or a person who has dumped garbage, materials or discarded materials not at the prescribed place voluntarily cleans up such place, then dumps such things at the prescribed place after persons with sanctioning competence detect such act and give a warning, or some other violations.
Apart from caution, in some specific cases administrative violators may be subject to the application of consequence-addressing measures prescribed in Clause 3, Article 5 of Decree No. 126.
2. Competence of presidents of commune-level People's Committees to force the restoration of the original state already altered due to administrative violations according to the provisions of Point a, Clause 3, Article 43 of Decree No. 126.
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