Nghị định 21/2020/NĐ-CP sửa đổi Nghị định xử phạt vi phạm hành chính trong đầu tư xây dựng

DECREE

On amending and supplementing a number of Articles of the Government’s Decree No.  139/2017/ND-CP dated November 27, 2017 on penalties for administrative violations against regulations on investment and construction; extraction, processing and trading of minerals used in construction, production and trading of building materials; management of infrastructural constructions; real estate business, housing development, management and operation of apartment buildings and office buildings

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

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

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

At the proposal of the Minister of Construction;

The Government hereby promulgates the Decree on amending and supplementing a number of Articles of the Government’s Decree No.  139/2017/ND-CP dated November 27, 2017 on penalties for administrative violations against regulations on investment and construction; extraction, processing and trading of minerals used in construction, production and trading of building materials; management of infrastructural constructions; real estate business, housing development, management and operation of apartment buildings and office buildings.

Article 1. To amend and supplement Articles 7, 63, 64 and 67 of the Government’s Decree No.  139/2017/ND-CP on penalties for administrative violations against regulations on investment and construction; extraction, processing and trading of minerals used in construction, production and trading of building materials; management of infrastructural constructions; real estate business, housing development, management and operation of apartment buildings and office buildings

1.     To amend and supplement Point g, Clause 1, Article 7 as follow:

“g) Appraisal of construction design”.

2.      To amend and supplement Point a, Clause 2, Article 63 as follow:

“State-owned house lessee or tenant’s exchange, sale or sub-lease of house without the approval by a competent authority as regulated by law.”

3.      To amend and supplement Point d, Clause 2, Article 63 as follow:

“d) Sale, lease purchase, exchange, mortgage or contribution of capital by a house which fails to fully satisfy requirements as prescribed by law.”

4.      To amend and supplement Point c, Clause 2, Article 64 as follow:

“c) Sub-letting or authorizing other persons to manage the official residence.”

5.      To amend and supplement Point a, Clause 4, Article 67 as follow:

“a) Occupying or using the office building for the purpose of production, business, renting house or other purposes inconsistently with its utilities.”

Article 2. To annul the following provisions:

1.     To annul Points c and d, Clause 1, Article 7.

2.    To annul Points d and dd, Clause 2; Point d, Clause 3; Points d, dd and i, Clause 5, Article 23.

3.      To annul Clause 3, Point b, Clause 4, Article 38.

4.      To annul Clause 1, Article 39.

5.      To annul Point a, Clause 1, Article 60.

6.      To annul Points a and b, Clause 1, Article 61.

Article 3. Transitional provisions

1.     In case the act of administrative violation as prescribed in Points c and d and verifying estimates as prescribed in Point g, Clause 1, Article 7; Points d and dd, Clause 2; Point d, Clause 3, Article 23; Clause 3, Article 38; Clause 1, Article 39; Point a, Clause 1, Article 60; Points a and b, Clause 1, Article 61; the act of lending of state-owned house lessee or tenant without permission of competent agencies according to regulations of  Point a, Clause 2, Article 63; the act of donating by dwelling houses which fails to fully satisfy requirements as prescribed by law as prescribed in Point d, Clause 2, Article 63; the act of lending the official residence as prescribed in Point c, Clause 2, Article 64; the act of occupying or using the office building for the purpose of leasing inconsistently with its utilities as prescribed in Point a, Clause 4, Article 67 of the Decree No. 139/2017/ND-CP occur before the effective date of this Decree but the administrative sanctioning decisions of competent persons had been already promulgated and not yet been implemented, such regulations shall continue to be complied with.

2.    In case the violations specified in Clause 1 of this Article have been recorded in administrative violations or detected after the effective date of this Decree, no administrative sanctions shall be imposed.

Article 4. Effect

This Decree takes effect on April 01, 2020.

Article 5. Organization of implementation

Ministers, heads of ministerial-level agencies, heads of government-attached agencies, chairpersons of provincial-level People’s Committees, and related organizations and individuals shall be responsible for the implementation of this Decree./.