On June 1, 2016 the Government issued Decree No. 50/2016 / ND-CP stipulating penalties for administrative violations in the field of planning and investment, will take effect on July 15 / 2016, replacing Decree 155/2013 / ND-CP stipulating penalties for administrative violations in the field of planning and investment (expired on July 14, 2016).

Thereby, the Decree provides for acts of administrative violation, sanctioning forms, penalties and remedial measures, competence to establish micro minutes administrative violations and competence to sanction and administrative violations in the domain of planning and investment.

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Administrative violations in
planning and investment areas specified in the Decree

Administrative violations in the field of management and use of public investment capital, sanctions and remedial measures, specifically behavior:

  • Violation of regulations on investment policy proposal report, pre-feasibility study report, feasibility study report, fine from 1,000,000 VND to 15,000,000 VND, together with the following remedial measures depending on each specific case;
  • Violation of reporting and information provision in public investment activities is subject to a fine of from 2,000,000 VND to 20,000,000 VND;
  • Violation of the monitoring, evaluation and inspection of public investment plans, programs and projects fined from 2,000,000 VND to 10,000,000 VND
  • Violation of regulations on the use of public investment capital fined from 10,000,000 VND to 20,000,000, together with remedial measures to force the recovery of the State budget investment capital for acts this;
  • Administrative violations in the field of investment using public investment capital with construction components are sanctioned according to the Government’s regulations on sanctioning administrative violations in construction activities.
  • Violation of investment supervision and evaluation reports a fine of between VND 1,000,000 and 5,000,000, together with accompanying remedies depending on each specific case;
  • Violation of management of program and project implementation using ODA (Official Development Assistance) fines ranging from 5,000,000 VND to 30,000,000 VND, together with forced remedy organizing the monitoring and evaluation of programs and projects for violations;
  • Violation of reporting regime and provision of information for ODA programs and projects with a fine of between VND 1,000,000 and VND 10,000,000, together with remedial measures depending on each school. Specific combination.

Administrative violations in investment activities in Vietnam and offshore investment activities, sanctions and remedial measures :

  • Violation of regulations on investment activities in Vietnam is subject to a fine of between VND 1,000,000 and VND 80,000,000, accompanied by remedial measures depending on each specific case;
  • Violation of regulations on the use of state capital for investment and business fined from 30,000,000 VND to 70,000,000 VND;
  • Violation of regulations on offshore investment activities is fined from 5,000,000 VND to 60,000,000 VND, accompanied by remedial measures depending on each specific case;
  • Violation of regulations on investment incentives fined from 10,000,000 VND to 20,000,000 VND, accompanied by remedial measures to force the refund of improper investment incentives. for violations;
  • Violation of regulations on investment in the form of public-private partnerships (PPP) is fined from VND 10,000,000 to VND 40,000,000, accompanied by remedial measures to enforce security measures. implementation of project contracts for violations

Administrative violations in the field of bidding management, sanctions and remedies:

  • Violation of regulations on contractor and investor selection plans: a fine of between VND 10,000,000 and 30,000,000;
  • Violation of regulations on interest invitation documents, prequalification invitation documents, bidding documents, documents requiring a fine of 5,000,000 VND to 30,000,000 VND;
  • Violation of regulations on organization of selection of contractors and investors and evaluation of interest files, recruitment dossiers, bids, proposals of fines of between VND 1,000,000 and 40,000 .000 VND;
  • Violation of regulations on contract negotiations for contractor selection and preliminary negotiation of contracts for selection of investors fining from VND 10,000,000 to VND 20,000,000;
  • Violating the regulations on posting information in bidding fined from 500,000 VND to 10,000,000 VND;
  • Other administrative violations on fines ranging from 5,000,000 VND to 15,000,000 VND, along with a consequence of overcoming the consequences of reimbursement or clearance of bid security for contractors and contractors .

Administrative violations in the field of business registration for businesses, business households, cooperatives, cooperative unions, forms penalties and remedies:

  • Violation of the declaration of enterprise registration dossiers is subject to a fine of between VND 10,000,000 and VND 15,000,000, together with remedial measures to force the registration of changes and re-announce the enterprise information. declared dishonestly, incorrectly;
  • Violation of regulations on the time limit for registration of changes in enterprise registration certificates is subject to a fine of between VND 1,000,000 and VND 15,000,000, together with remedial measures forcing registration to change. Enterprise Certificate contents;
  • Violation of regulations on announcement of enterprise registration content fined from 1,000,000 VND to 2,000,000 VND, together with consequence of remedial measures must announce the contents of enterprise registration on the Gate National information on business registration;
  • Violation of regulations on information disclosure of state-owned enterprises, a fine of between VND 5,000,000 and VND 15,000,000, accompanied by remedial measures depending on each specific case;
  • Violation of regulations on establishment of businesses, a fine of 2,000,000 VND to 30,000,000 VND, along with remedial measures depending on each specific case;
  • Violation of regulations on registration of enterprise founders is subject to a fine of between VND 5,000,000 and 10,000,000, accompanied by remedial measures depending on each specific case;
  • Violation of regulations on reporting regime and implementation of the requirements of the business registration agency impose a fine of between VND 1,000,000 and VND 10,000,000, together with remedial measures depending on each specific cases;
  • Violation of the regulations on notification of changes in the business registration contents shall be subject to a fine of between VND 1,000,000 and 3,000,000, accompanied by remedial measures depending on each specific case. ;
  • Violation of regulations on the legal representative of an enterprise is fined from 10,000,000 VND to 15,000,000 VND, accompanied by remedial measures depending on each specific case;
  • Other violations related to organization and management of enterprises are fined from 5,000,000 VND to 15,000,000 VND, accompanied by remedial measures depending on each specific case;
  • Violation of the regulation on the Control Board is a fine of between VND 2,000,000 and VND 10,000,000, accompanied by remedial measures depending on each specific case;
  • Violation of the regulations on dissolution of enterprises is subject to a fine of between VND 5,000,000 and VND 10,000,000, accompanied by remedial measures depending on each case. specific;
  • Violation of regulations on establishment, operation termination of branches, representative offices, business locations of enterprises is subject to a fine of between VND 5,000,000 and 10,000. 000 VND, along with the consequence of remedies, is to force the announcement of the place of business with the Provincial Business Registration Office;
  • Violation of the regulations on private enterprises is subject to a fine of 5,000,000 VND to 10,000,000 VND, along with a consequence of overcoming consequences. enough information in accounting books, financial reports;
  • Violation of regulations for enterprises is organized according to the model of parent company and subsidiary companies, with a fine of between VND 15,000,000 and 20,000,000, enclosed with are remedies depending on the specific case;
  • Violation of regulations for social enterprises imposes a fine of between VND 15,000,000 and VND 20,000,000, accompanied by remedial measures depending on each school. specific combination;
  • Violation of the regulations on business registration of business households is subject to a fine of between VND 3,000,000 and VND 7,000,000, along with remedial measures. depending on the specific case;
  • Violation of business suspension of business households is fined from VND 500,000 to VND 2,000,000, accompanied by remedial measures to force the sending of information report to the district business registration agency;
  • Violation of the regulations on registration of changes in the contents of business household registration and implementation of the requirements of the district-level business registration agency fining from VND 500,000 to 1,000 .000 VND, accompanied by remedial measures depending on each specific case;
  • Violation of the regulations on the termination of operation of business households is fined from VND 500,000 to VND 1,000,000, accompanied by consequence of forced remedy. notify or return the original Business Registration Certificate to the district business registration agency;
  • Violation of the regulations on business registration of cooperatives and unions of cooperatives is subject to a fine of between VND 1,000,000 and 5,000,000, accompanied by remedial measures depending on each specific case;
  • Violation of the regulations on contributed capital and registration of contributed capital for cooperatives and unions of cooperatives, ranging from 5,000,000 VND to 10,000,000 VND, along with the remedial measures depending on the specific case;
  • Violating the regulations on changing the contents of cooperatives and cooperatives, the fine is from VND 500,000 to VND 10,000,000, accompanied by a measure. Remedies are forced to register for re-issuance of cooperative registration certificate, cooperative union;
  • Violating the regulations on information provision of cooperatives and cooperative unions, with a fine of between VND 1,000,000 and VND 2,000,000, enclosed with Remedies are forced to provide complete, timely and accurate information to members, cooperative members;
  • Violation of the regulations on reorganizing cooperatives and unions of cooperatives is subject to a fine of between VND 2,000,000 and VND 5,000,000, together with a measure The consequence of overcoming consequences is to reorganize cooperatives and cooperative unions;
  • Violation of regulations on registration of operation of branches, representative offices and business locations of cooperatives and unions of cooperatives fining from VND 500,000 up to VND 10,000,000, accompanied by remedial measures to force the registration to re-issue the certificate of registration of cooperatives and cooperatives.

Identify the sanctioning authority of the Planning and Investment Inspectorate, Tax and Market Management

  • Authorized persons of the Planning and Investment Inspectorate are competent to sanction administrative violations and apply remedial measures (if any) to administrative violations prescribed in Decree 50/2016 / ND -CP under the authority set out in Article 51 Decree 50/2016 / ND-CP and functions, tasks and powers assigned.
  • Competent authorities of the Tax Authority have the power to sanction administrative violations, apply remedial measures (if any) for violations administrative regulations specified at Point b and Point c, Clause 2, Article 15, Article 25, Point a, Clause 1, Article 30, Article 31, Point a, Point d, Clause 1 and Point a, Clause 2, Article 32, Point b, Clause 1, Article 36, Article 37, Point b Clause 1 Article 38, Point d Clause 1 Article 41, Article 42, Article 43, Article 44, Point b Clause 2 Article 45, Clause 2 Article 47 and Article 50 Decree 50/2016 / ND-CP under the authority specified in Article 53 Decree 50/2016 / ND-CP and functions, duties, rights delivery deadline.
  • Authorized persons of the Market Management Authority are authorized to sanction administrative violations, apply remedial measures (if any) to the onions Administrative violations prescribed at Point c, Clause 2 and Point d, Clause 5, Article 13, Point b and Point c, Clause 4, Article 28, Point a, Clause 2, Article 30, Point d, Clause 1 and Point a, Clause 2, Article 32, Points c Clause 2 Article 34, Article 37, Point a, Point b, Point d, Point e and Point e, Clause 1, Article 41, Article 42, Article 43, Article 44, Point b, Clause 2, Article 45, Article 47, Article 48 and Article 50 Decree 50/2016 / ND-CP authority specified in Article 54 Decree 50/2016 / ND-CP and function n tasks, tasks and powers assigned.

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