SOCIALIST REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
Hanoi, February 27, 2009
ON SANCTIONING OF ADMINISTRATIVE VIOLATIONS IN CONSTRUCTION ACTIVITIES; REAL ESTATE BUSINESS; EXPLOITATION, PRODUCTION AND TRADING OF CONSTRUCTION MATERIALS; MANAGEMENT OF TECHNICAL INFRASTRUCTURE; AND MANAGEMENT OF DEVELOPMENT OF HOUSES AND OFFICES
Pursuant to December 25, 2001 Law No. 32/2001/QH10 on Organization of the Government;
Pursuant to November 26, 2003 Construction Law No. 16/2003/QH11;
Pursuant to November 29, 2005 Housing Law No. 56/2005/QH11;
Pursuant to June 29, 2006 Law No. 63/2006/QH11 on Real Estate Business;
Pursuant to National Assembly Standing Committee’s July 2, 2002 Ordinance No. 44/2002/PL-UBTVQH10 on Handling of Administrative violations, and April 2, 2008 Ordinance No. 4/2008/UBTVQH12 amending and supplementing a number of articles of the Ordinance on Handling of Administrative Violations;
At the proposal of the Minister of Construction,
Article 1. Scope of regulation
1. This Decree specifies acts of administrative violation in construction activities, real estate business; exploitation, production and trading of construction materials; management of technical infrastructure (in urban centers, new urban areas, industrial parks, economic zones and hi-tech parks); management of development of houses and offices; sanctioning forms and levels; sanctioning competence and procedures; and complaints and denunciations and settlement thereof.
2. Administrative violations specified in this Decree, including illegal acts in construction activities; real estate business; exploitation, production and trading of construction materials; management of technical infrastructure; and management of development of houses and offices, which are committed intentionally or unintentionally but not seriously enough for penal liability examination, shall be administratively sanctioned.
Article 2. Subjects of application
1. Vietnamese individuals or organizations that commit administrative violations specified in Clause 2, Article 1 of this Decree.
2. Foreign individuals or organizations that commit administrative violations specified in Clause 2, Article 1 of this Decree within the territory of the Socialist Republic of Vietnam, unless otherwise provided for by treaties to which Vietnam is a contracting party.
Article 3. Principles and statute of limitations for sanctioning administrative violations
1. All acts of administrative violation must be detected in time and immediately stopped. The sanctioning of administrative violations must be carried out promptly, justly and thoroughly and in compliance with the order and procedures specified in this Decree. All consequences caused by administrative violations must be remedied in strict accordance with law.
2. The statute of limitations for sanctioning an administrative violation is 2 years from the date the act of violation is committed (for a work construction investment project, this statute of limitations is 2 years from the date the project is handed over and put into use). Past this time limit, such act will not be sanctioned but still be subject to the measures specified in Clause 3, Article 4 of this Decree.
3. Within the statute of limitations specified in Clause 2 of this Article, if administrative violators deliberately shirk or obstruct the sanctioning by competent authorities, the statute of limitations shall be re-counted from the time the violators stop their acts of shirking or obstructing the sanctioning.
4. One year after the date of completely serving sanctioning decisions or from the date of expiration of sanctioning decisions, if sanctioned violators do not relapse into violations, they will be regarded as having never been sanctioned for administrative violations.
Article 4. Forms of sanction for administrative violations and consequence remedies
1. The principal sanction is fine of up to VND 500,000,000;
2. Additional sanctions:
a/ Revocation of, or deprivation of the right to use, construction licenses, business registration certificates or practice certificates;
b/ Confiscation of material evidence and means used in committing administrative violations.
3. Consequence remedies:
a/ Forcible restoration of the original state which has been altered due to acts of administrative violation; forcible dismantlement of violating construction works;
b/ Forcible application of measures to remedy environmental pollution caused by acts of administrative violation;
c/ Payment of compensations for damage caused by acts of administrative violation under law.
4. Acts violating construction order shall, apart from being subject to a fine under this Decree, be handled under the Government’s Decree No. 180/2007/ND-CP of December 7, 2007, detailing and guiding the implementation of a number of articles of the Construction Law regarding the handling of violations of urban construction order (below referred to as Decree No. 180/2007/ND-CP).
Article 5. Publicization of violations on websites
Apart from sanctions and consequence remedies specified above, names of administrative violators, violation details, sanctions imposed and taken remedies to address consequences of administrative violations specified in Articles 17, 18, 22, 24, 29 and 34 of this Decree shall be publicized on the websites of the Construction Ministry and provincial-level People’s Committees that have issued sanctioning decisions.