| THE GOVERNMENT ------- | SOCIALIST REPUBLIC OF VIETNAM Independence - Freedom - Happiness --------------- |
| No. 66/2012/ND-CP | Hanoi, September 06, 2012 |
DECREE
ON PENALTIES FOR ADMINISTRATIVE VIOLATIONS OF THE MANAGEMENT AND USE OF STATE-OWNED PROPERTY
Pursuant to the Law on Government organization dated December 25, 2001;
Pursuant to the Law on Management and use of State-owned property dated June 03, 2008;
Pursuant to the Law on Thrift practice and waste prevention dated November 11, 2005;
Pursuant to the Law on Corruption prevention dated November 29, 2005;
Pursuant to the Ordinance on Handling administrative violations and the Ordinance on amending and supplementing a number of articles of the Ordinance on Handling administrative violations;
At the proposal of the Minister of Finance;
The Government on penalties for administrative violations of the management and use of state-owned property
Chapter 1.
GENERAL PROVISIONS
Article 1. Scope of regulation
1. This Decree specifies the acts of administrative violations, forms of penalties, fine rates, authority to impose penalties, procedures for imposing administrative penalties for violations of the management and use of State-owned property.
State-owned property in this Decree includes:
a) The office building and other property attached to the land and the right to use the land on which the office building is built; the machinery, means of transports, working equipment, and other property allocated to State agencies (including Vietnamese agencies overseas), public non-business units, political organizations, socio-political organizations, socio-professional political organizations, social organizations, socio-professional organizations prescribed in the Law on Management and use of State-owned property (hereinafter referred to as State-owned property at agencies, organizations and units);
b) The property of the projects funded by State capital (including official development aid and foreign non-governmental aid belonging to the State budget receipts) owned by agencies, organizations and units;
c) The property under the State ownership as prescribed by law.
2. For other acts of administrative violations of the management and use of State-owned property not being specified in this Decree, the provisions specified in legal documents on penalties for administrative violations of relevant State management sectors shall apply.
Article 2. Subjects of application
1. Agencies, organizations, and units (hereinafter referred to as organizations) and Vietnamese individuals that commit violations law provisions on the management and use of State-owned property that must be administrative penalties as prescribed by law, shall be penalized as prescribed in this Decree and relevant law provisions.
2. Foreign individuals and organizations that commit violations of the management and use of State-owned property within the territory of the Socialist Republic of Vietnam shall be penalized as prescribed by this Decree and relevant law provisions, unless the International Agreements to which the Socialist Republic of Vietnam is a signatory prescribe otherwise.
Article 3. Principles of penalties for administrative violations,
1. The penalties for administrative violations of the management and use of State-owned property must be imposed by competent authorities in accordance with Article 27 of this Decree and general law provisions on handling administrative violations.
2. All violations of the management and use of state-owned property must be detected and stopped promptly. The penalties for administrative violations must be carried out quickly and legitimately, all the consequences caused by administrative violations must be remedied as prescribed by law.
3. Each administrative violation of the management and use of state-owned property is only penalized once. Each administrative violation among multiple administrative violations of the management and use of state-owned property committed by an organization or individual shall be penalized separately. Multiple organizations or individuals that commit same administrative violation of the management and use of state-owned property shall be penalized separately. The penalties on organizations or individuals are specified in Chapter II of this Decree.
