THE GOVERNMENT
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SOCIALIST REPUBLIC OF VIETNAM
Independence – Freedom – Happiness
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No.: 62/2010/ND-CP  
Hanoi, June 04, 2010
 
DECREE
AMENDING, SUPPLEMENTING A NUMBER OF ARTICLES OF DECREE NO.53/2007/ND-CP DATED APRIL 04, 2007 OF THE GOVERNMENT STIPULATING SANCTIONS OF ADMINISTRATIVE VIOLATIONS IN THE DOMAIN OF PLANNING AND INVESTMENT
THE GOVERNMENT
Pursuant to the December 25, 2001 Law on Organization of the Government;
Pursuant to the July 02, 2002 Ordinance on Handling of Administrative Violations; the Ordinance Amending, Supplementing a number of Articles of the Ordinance on Handling of Administrative Violations dated April 02, 2008;
At the proposal of the Minister of Planning and Investment,
DECREES:
Article 1. Amending, supplementing a number of Articles of Decree No.53/2007/ND-CP dated April 04, 2007 stipulating sanctions of administrative violations in the domain of planning and investment (hereinafter called as Decree No.53/2007/ND-the Government for short):
1. Point b clause 2 Article 7 is amended, supplemented as follows:
“b) Making cost estimation, planning for economic - social development not in compliance with regulations”.
2. Clause 5, 6 Article 13 is amended, supplemented as follows:
a) Supplementing point đ and e into clause 5:
“đ) Failing to sell the bidding documents for contractors or performing any action that limits the bidders to purchase bidding documents upon time be determined in the bidding notice, bidding invitation;
e) Failing to release or performing any action that limits the release of concerns invitation records, pre-qualification invitation records, requesting records to the contractors upon time to be determined in the notice of inviting to apply concern records, notice of inviting pre-qualification, notice of offering invitation”.
b) Clause 6 is amended, supplemented:
“6. A fine of between VND 18,000,000 and 20,000,000 shall be imposed for organizations, individuals with one of the following acts:
a) Using its powers or influence to force the investors, bidding inviters, bidding expert team, bidding consultants, agencies, organizations of appraising the results of contractor selection to propose successful contractor not suit to the requirements of bidding documents, records of requestsand assessment criteria outlined in the bidding documents, records of requests.
b) Approving for contractors to transfer the work without permission of the investor, except for the work under the responsibility of the subcontractor stated in the contract.
c) Failing to specify in the bidding documents, contract on prohibiting the contractor to use foreigners who are inadequate working conditions in Vietnam in accordance with the law regulations of Vietnam.
d) Failing to specify in the bidding documents, contract on prohibiting to use foreign workers as domestic labor may meet the requirements of the package or deliberately specifying evaluation.