DECREE

PENALTIES FOR ADMINISTRATIVE VIOLATIONS AGAINST REGULATIONS ON PLANNING AND INVESTMENT

Pursuant to the Law on Government organization dated June 19, 2015;

Pursuant to the Law on Actions against administrative violations dated June 20, 2012;

Pursuant to the Law on Public Investment dated June 18, 2014;

Pursuant to the Law on Enterprises dated November 26, 2014;

Pursuant to the Law on Investment dated November 26, 2014;

Pursuant to the Law on Bidding dated November 26, 2013;

Pursuant to the Law on Construction dated June 18, 2014;

Pursuant to the Law on Cooperatives dated November 20, 2012;

At the request of the Minister of Planning and Investment;

The Government promulgates a Decree on penalties for administrative violations against regulations on planning and investment.

Chapter I

GENERAL PROVISIONS

Article 1. Scope

1. This Decree provides for administrative violations, penalties, fine levels, remedial measures, the power to issue records on administrative violations, the power to impose penalties for violations against regulations on planning and investment.

2. Administrative violations against regulations on planning and investment specified in this Decree include:

a) Violations against regulations on management and use of public capital;

b) Violations against regulations on domestic investment and outward investment;

c) Violations against regulations on bidding management;

d) Violations against regulations on business registration of enterprises, business households, cooperatives, and cooperative associations.

3. Relevant Decrees on penalties for administrative violations shall apply to other administrative violations against regulations on planning and investment that are not specified in this Decree.

Article 2. Entities incurring penalties

Vietnamese and foreign organizations and individuals that commit administrative violations against regulations on planning and investment shall incur penalties.

Article 3. Penalties and remedial measures

1. An organization or individual shall incur one of the following penalties as the primary penalty for each administrative violation committed:

a) Warning;

b) Fine.

2. Depending on the nature and severity of the violation, the violator shall have to implement remedial measures specified in Chapter II of this Decree.

Article 4. Fines

The fines for administrative violations specified in Chapter II of this Decree are imposed upon organizations, except for the fines for violations specified in Article 41, Article 42, Article 43, and Article 44 of this Decree, which are imposed upon individuals. For the same violation, the fine incurred by an individual is half (1/2) that incurred by an organization.

Chapter II

ADMINISTRATIVE VIOLATIONS, PENALTIES AND REMEDIAL MEASURES

Section 1. ADMINISTRATIVE VIOLATIONS AGAINST REGULATIONS ON MANAGEMENT AND USE OF PUBLIC CAPITAL, PENALTIES AND REMEDIAL MEASURES

Article 5. Violations against regulations related to the report on proposal of investment guidelines, pre-feasibility study report, feasibility study report

1. A fine of VND 1,000,000 - VND 5,000,000 shall be imposed for any of the following violations:

a) Failure to follow procedures for making and appraising a report on proposal of investment guidelines, pre-feasibility study report, or feasibility study report;

b) Failure to follow procedures and conditions for adjusting a program/project.

2. A fine of VND 5,000,000 - VND 10,000,000 shall be imposed for any of the following violations:

a) Making a budget estimate, payment, or statement of expenditures on the making of a report on proposal of investment guidelines, pre-feasibility study report, or feasibility study report according to incorrect unit prices or norms;

b) Making the report on proposal of investment guidelines, pre-feasibility study report, or feasibility study report that is not conformable with national standards or technical regulations;

c) Making an inadequate report on proposal of investment guidelines, pre-feasibility study report, or feasibility study report.

3. A fine of VND 10,000,000 - VND 15,000,000 shall be imposed for any of the following violations:

a) Making a report on proposal of investment guidelines, pre-feasibility study report, or feasibility study report that is not part of planning or not included in planning by a competent authority;

b) Making a report on proposal of investment guidelines, pre-feasibility study report, or feasibility study report against approved planning.

4. Remedial measures:

a) Return the excess funding because of the incurrent budget estimate, acceptance, payment, or statement of expenditures on making the report on proposal of investment guidelines, pre-feasibility study report, or feasibility study report in case of any of the violations specified in Point a Clause 2 of this Article;

b) Adjust the report on proposal of investment guidelines, pre-feasibility study report, or feasibility study report according to national standards or technical regulations in case of any of the violations specified in Point b Clause 2 of this Article;

c) Complete the report in case of any of the violation specified in Point c Clause 2 of this Article;

d) Adjust the report on proposal of investment guidelines, pre-feasibility study report, or feasibility study report according to the approved planning in case of any of the violations specified in Point b Clause 3 of this Article.