Decree No. 155/2013/ND-CP dated November 11, 2013 of the Government stipulating the sanctioning of administrative violations in the field of planning and investment

 THE GOVERNMENT

Decree No. 155/2013/ND-CP dated November 11, 2013 of the Government stipulating the sanctioning of administrative violations in the field of planning and investment

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

Pursuant to the June 20, 2012 Ordinance on Handling of Administrative Violations;

Pursuant to the November 29, 2005 Law on Enterprises;

Pursuant to the November 29, 2005 Law on Investment;

Pursuant to the November 29, 2005 Law on Bidding;

Pursuant to the November 26, 2003 Law on Construction;

Pursuant to the Law on amending and supplementing a number of articles of the Laws concerning capital construction investment dated June 29, 2009;

Pursuant to the November 20, 2012 Law on Cooperatives;

At the proposal of the Minister of Planning and Investment,

The Government promulgated the Decree stipulating the sanctioning of administrative violations in the field of planning and investment,

Chapter I

GENERAL PROVISIONS

Article 1. Scope of regulation

1. This Decree provides acts of administrative violation, forms and levels of sanction, remedial measures, competence to make records of administrative violations and sanction and procedures for sanctioning administrative violations in the field of planning and investment.

2. Acts of administrative violation in the field of planning and investment as stipulated under this Decree include the following acts:

a) Violations of regulations on investment with state capital;

b) Violations of regulations on domestic investment, foreign investment and offshore investment;

c) Violations of regulations on bidding management;

d) Violations of regulations on business registration by enterprises, business households, cooperatives, cooperatives' unions;

3) Other violations of regulations in the field of planning and investment are not stipulated under this Decree shall be applied according to other Decrees of the Government on sanctioning administrative violations in the related field of state management.

Article 2. Subjects of application

Subjects under this Decree include Vietnamese organizations and individuals committing acts of administrative violation in the field of planning and investment.

Article 3. Forms of sanction and remedies

1. For every act of administrative violation, the violating organization or individual is subject to either of the following principal sanctions:

a) Caution;

b) Fine;

2) Depending on the nature and severity of violation, a violating organization or individual may also be forced to take one or several remedies specified in the articles of Chapter II of this Decree.

Article 4. Fine level in the field of planning and investment

The fine level as specified under Chapter II of this Decree is the level applied for organization. With the same act of violation, the fine level for individual, household shall be a half of the fine level applied for organization.

Chapter 2

ACTS OF ADMINISTRATIVE VIOLATION, FORMS OF SANCTION AND REMEDIES TO CONSEQUENCES

SECTION I: ACTS OF ADMINISTRATIVE VIOLATION ON INVESTMENT WITH STATE CAPITAL, FORMS OF SANCTION AND REMEDIES TO CONSEQUENCES

Article 5. Acts of violation of regulations on feasibility study reports (investment projects, eco-technical reports on work construction investment projects)

1. A fine of between VND 5,000,000 and VND 10,000,000 shall be imposed on organizations or individuals committing one of the following acts:

a) Failing to comply with orders, procedures of preparing, evaluating the feasibility study reports;

b) Failing to comply with orders, procedures and conditions to adjust the investment project;

2) A fine of between VND 10,000,000 and VND 15,000,000 shall be imposed for one of the following acts:

a) Preparing the estimates, paying and finalizing the expenses to make the feasibility study reports in contravention with the specified price and level;

b) Preparing the feasibility study reports in contravention with the size of project group as stipulated;

c) Preparing the feasibility study reports which fail to conform with prescribed national standards, national technical standards;

d) Preparing the feasibility study reports which fail to conform with prescribed contents;

3. A fine of between VND 15,000,000 and VND 20,000,000 shall be imposed for one of the following acts:

a) Making the feasibility study reports not included in the approved planning or without approval of competent authorities;

b) Making the feasibility study reports against the approved planning;

4. Remedial measures:

a) Forced refund the arising expenses due to the preparation of cost estimates, take-over of, paying and finalizing the cost of making the feasibility study reports in contravention with the regulations for acts of violations of regulations at Point a Clause 2 of this Article;

b) Forced adjustment of the feasibility study reports to match with the national standards, national technical standards for acts of violations of regulations at Point c Clause 2 of this Article.

c) Forced amendments of contents that are in shortage for acts of violations regulated under Point d Clause 2 of this Article;

d) Forced adjustment of the feasibility study reports to be in accordance with the approved plan for acts of violations as stipulated under Point b Clause 3 of this Article. 

Click download to view full text