Decree No. 121/2013/ND-CP on administrative penalties for violations in construction activities; real estate business; exploitation, production, and business of construction materials; management of technical infrastructure works; and development of housing and office buildings.

DECREE

Article 24Article 1 stipulates administrative penalties for violations in construction activities;

kANNEX I.A[31]real estate business; exploitation, production, and trading of building materials;

management of technical infrastructure works;

management of housing development and office buildings;

________________

Pursuant to the Law Torganization C"b) In addition to the lists of public services issued according to the provisions of Clause 2, Article 4 of this Decree, specialized agencies under provincial People's Committees shall report to the provincial People's Committee for decision-making on amending, supplementing, or issuing the list of public services funded by the state budget within their jurisdiction and consistent with the local budget capacity within the approved budget by the Provincial People's Assembly, and send it to the Ministry of Finance and relevant ministries and sectors for supervision during implementation."pursuant to the Government's Resolution dated December 25, 2001;

Pursuant to the Law Xhandling of administrative violations in construction;"b) In addition to the lists of public services issued according to the provisions of Clause 2, Article 4 of this Decree, specialized agencies under provincial People's Committees shall report to the provincial People's Committee for decision-making on amending, supplementing, or issuing the list of public services funded by the state budget within their jurisdiction and consistent with the local budget capacity within the approved budget by the Provincial People's Assembly, and send it to the Ministry of Finance and relevant ministries and sectors for supervision during implementation."; the Law Amending and Supplementing Certain Provisions of the Law on Handling Administrative Violations dated November 13, 2020;June 2024;2012;

Pursuant to the Law Xdated November 26, 2003;

Pursuant to the Law N |||signed on November 29;June 2024;of the Minister of Planning and Investment

Pursuant to the Law Businessreal estate business dated November 29;June 2024;dated June 6, 2006;

Pursuant to the Law Article 24urban planning dated June 17, 2009;

Pursuant to the Law ảomining dated November 17, 2010;

At the proposal of the Minister of Construction;

The Government issues this Decree to regulate administrative penalties for violations in construction activities; real estate business; exploitation, production, and trading of building materials;ANNEX I.A[31] Handling Law dated June 20, 2012"b) In addition to the lists of public services issued according to the provisions of Clause 2, Article 4 of this Decree, specialized agencies under provincial People's Committees shall report to the provincial People's Committee for decision-making on amending, supplementing, or issuing the list of public services funded by the state budget within their jurisdiction and consistent with the local budget capacity within the approved budget by the Provincial People's Assembly, and send it to the Ministry of Finance and relevant ministries and sectors for supervision during implementation."construction activities; real estate business; exploitation, production, and trading of building materials;ANNEX I.A[31]real estate business; exploitation, production;of the Government stipulating functions, tasks, powers, and organizational structure of the Ministry of Home Affairstrading of building materials; management;ANNEX I.A[31]of technical infrastructure works; management; reason of housing development and office buildings, reason phát triển nhà và công sở,developmentnăng lực hành nghề xây dựng

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation and Applicability

1. This Decree regulates acts of administrative violations, forms and levels of fines, measures to remedy consequences, authority to issue violation records and impose administrative penalties in construction activities; real estate business; exploitation, production, and trading of building materials; management of technical infrastructure works (in urban areas, new urban zones, residential development projects, industrial parks, economic zones, and high-tech zones); management of housing development and office buildings.

2. This Decree applies to:

a) Vietnamese organizations and individuals and foreign organizations and individuals who commit administrative violations in the fields specified in Clause 1 of this Article occurring within the territory of the Socialist Republic of Vietnam, except where international treaties to which Vietnam is a party provide otherwise;

b) Authorities and persons with the power to impose penalties and organizations and individuals related to the imposition of administrative penalties as prescribed in this Decree.

3. This Decree does not apply to state agencies and civil servants, officials under the provisions of Article 1 of Decree No. 81/2013/NĐ-CP dated July 19, 2013 of the Government detailing certain provisions and implementing measures of the Law on Handling Administrative Violations.

Article 2. Principles of administrative penalty

1. All acts of administrative violations must be promptly discovered and stopped immediately. Administrative penalties shall be carried out promptly, fairly, thoroughly, and in accordance with the procedures prescribed in this Decree. All consequences caused by administrative violations must be remedied in accordance with the provisions of the law.

2. For investment projects involving multiple construction works where the project owner or contractor commits similar administrative violations against multiple works or components, each violation at each work or component is considered a separate act of administrative violation.

Article 3. Levels of Fines

1. The maximum fine amount is set as follows:

a) In the field of construction activities, it is VND 1,000,000,000;

b) In the fields of real estate business; exploitation, production, and trading of building materials; management of technical infrastructure works; management of housing development and office buildings, it is VND 300,000,000.

2. The fines prescribed from Chapter II to Chapter VI of this Decree apply to organizations, except in cases provided for in Clause 2 of Article 21; Point a, Point b of Clause 1 of Article 38 and Clause 4 of Article 56 of this Decree.

3. For the same act of administrative violation, the fine for individuals is half the fine for organizations.

Article 4. Time Limit for Administrative Sanctions

1. The statute of limitations for administrative penalties in real estate business activities, management of technical infrastructure works, production and trading of building materials is one year.

2. The statute of limitations for administrative penalties in construction activities, exploitation of minerals for building materials, management of housing development and office buildings is two years.

3. The time point for calculating the statute of limitations for administrative penalties is as follows:

a) When the person authorized to perform official duties discovers an administrative violation that has ended, the statute of limitations starts from the end date of the violation. For investment projects involving construction works, the end date of the violation is the day the project is handed over and put into use;

b) When the person authorized to perform official duties discovers an ongoing administrative violation, the statute of limitations starts from the discovery date of the violation;

c) In cases where administrative penalties are imposed on organizations and individuals referred to by competent authorities, the statute of limitations for administrative penalties is applied according to the provisions of Clauses 1, 2 and Points a, b of Clause 3 of this Article. The time taken by the competent authority to handle and review is included in the statute of limitations for administrative penalties.

4. Within the statute of limitations prescribed in Clauses 1 and 2 of this Article, if organizations and individuals committing administrative violations deliberately evade or obstruct the penalty enforcement of the competent authority, the statute of limitations for administrative penalties will restart from the end date of the evasion or obstruction behavior.

Article 5. Forms of punishment and measures to remedy consequences

1. Principal forms of penalties:

a) Warning;

b) Fine.

2. Additional forms of punishment: Revocation of the right to use licenses or certificates for a period of time or suspension of activities from six months to twenty-four months.

3. Remedial measures:

For each administrative violation, in addition to being subject to a form of punishment, organizations and individuals committing such violations may also be subject to one or more of the following remedial measures:

a) Compel restoration to the original condition.

b) Compel the implementation of measures to mitigate environmental pollution;

c) Compel the correction of false information or information causing confusion;

d) Compel the return of illegal profits obtained through the commission of administrative violations;

đ) Compel the demolition of construction works or parts of construction works that violate the provisions set forth in Decree No. 180/2007/NĐ-CP of the Government detailing and guiding the implementation of certain articles of the Construction Law on handling violations of urban construction order (hereinafter referred to as Decree No. 180/2007/NĐ-CP);

e) Other measures prescribed in this Decree.

Chapter II

ADMINISTRATIVE VIOLATIONS, FORMS OF PUNISHMENT AND MEASURES TO REMEDY CONSEQUENCES IN CONSTRUCTION ACTIVITIES

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FOR THE INVESTOR

Article 6. Violations of regulations on construction survey

1. Fine from five million dong to ten million dong for the act of not storing or storing insufficiently the results of construction surveys as prescribed.

2. Fine from ten million dong to twenty million dong for the act of organizing the acceptance of construction survey results not in accordance with the prescribed procedures and formalities.

3. A fine of VND 30,000,000 to VND 40,000,000 for any of the following acts:

a) Not establishing, approving tasks for construction surveys, technical plans for construction surveys, or not supplementarily approving construction survey tasks before contractors carry out construction surveys;

b) Conducting construction surveys or hiring contractors for construction surveys without meeting the required capacity conditions;

c) Not conducting supervision of construction surveys as prescribed;

d) Not organizing the acceptance of reports on the results of construction surveys;

đ) Conducting construction surveys not in accordance with national technical standards, prescribed standards, or conducting surveys not consistent with approved technical plans for construction surveys;

e) Using topographic maps that do not meet the requirements for preparing urban planning schemes suitable for each type of urban planning scheme;

g) Not conducting supplementary survey measurements when topographic maps are inconsistent with the current situation at the time of preparing construction planning;

4. Measures to remedy consequences:

a) Compel the implementation of supplementary survey measurements and adjustment of the construction plan according to the results of supplementary survey measurements for the act stipulated in Point g Clause 3 of this Article;

b) Compel the cancellation of survey results for the acts stipulated in Points a, b, d, đ, e Clause 3 of this Article.

Article 7. Violations of regulations on storage and adjustment of construction planning

1. Fine from five million dong to ten million dong for the act of not storing or storing insufficiently the files of construction planning schemes as prescribed.

2. A fine of between 10,000,000 VND and 20,000,000 VND shall be imposed for one of the following acts:

a) Adjusting construction planning not in accordance with national technical standards, prescribed standards, district planning not in accordance with overall planning, detailed planning not in accordance with district planning, detailed planning with a larger scale not in accordance with detailed planning with a smaller scale already approved;

b) Adjusting detailed planning of urban development projects without synchronously adjusting infrastructure systems and social infrastructure.

3. Measures to remedy consequences: Compel the cancellation and re-establishment of adjusted construction planning for the acts stipulated in Clause 2 of this Article.

Article 8. Violation of provisions on project establishment for construction works

A fine of VND 30,000,000 to VND 40,000,000 shall be imposed for any of the following acts:

1. Establishing a project for investment in construction works without meeting the required capacity conditions as prescribed;

2. Not organizing the establishment of a project for investment in construction works as required by law for projects that must have such a project established;

3. Establishing a project for investment in construction works that does not contain all the required contents as prescribed.

Article 9. Violation of provisions on design and budget estimate for construction works

1. A fine of VND 5,000,000 to VND 10,000,000 shall be imposed for the act of not storing or storing inadequately the design and budget estimate files for construction works.

2. A fine of from VND 15,000,000 to VND 20,000,000 shall be imposed for any of the following acts:

a) Reviewing and approving the design and budget estimate for construction works not in accordance with the prescribed procedures and formalities;

b) Not reviewing again as prescribed when adjusting the design for construction works funded by state capital;

c) Adjusting the design for construction works resulting in changes to the location, scale, or objectives of the project or exceeding the approved total investment amount without submitting the adjusted content to the investment decision-maker for review and approval again for construction works funded by state capital;

d) Approving technical designs that do not comply with the basic design or construction drawings that do not comply with the approved technical designs;

đ) Approving budgets with quantities that do not match the quantities in the design drawings;

e) Approving designs that do not comply with national technical standards and regulations; using expired construction standards; using foreign standards that have not been recognized by competent authorities;

g) Not organizing the establishment and approval of technical instructions for construction works that must establish such instructions;

h) Approving technical instructions that do not comply with national technical standards and regulations applicable to approved investment construction projects;

i) Approving safety designs beyond the required level as prescribed for construction works funded by state capital;

k) Not organizing the acceptance or accepting design construction files not in accordance with regulations;

3. A fine of VND 20,000,000 to VND 25,000,000 shall be imposed for the act of designing construction works or hiring contractors to design construction works without meeting the required capacity conditions as prescribed;

4. A fine of VND 30,000,000 to VND 40,000,000 for any of the following acts:

a) Approving construction organization methods that do not ensure economic and technical feasibility, transportation distance and means of transportation not matching actual conditions, increasing costs in the budget for construction works funded by state capital;

b) Approving budgets containing application codes that do not match the work content; data deviating from the content of the applied standard rates for construction works funded by state capital;

c) Approving budgets containing application rates that have not been approved by competent authorities but are higher than the approved rates for construction works funded by state capital;

d) Approving budgets without design drawings for auxiliary works, temporary works serving the main works but including these works' quantities in the budget to calculate construction costs for construction works funded by state capital.

5. Measures to remedy consequences (applicable even if bidding has been organized):

a) Compelling the establishment, review, and re-approval of the design, budget estimate, or tender package price according to the correct State regulations as the basis for re-approving the designated tender price or winning bid price for the acts stipulated in Clause 2 and Clause 4 of this Article;

b) Compelling the redesign, payment, and final settlement according to the correct regulations for construction works funded by state capital.

Article 10. Violation of provisions on project management for construction works

1. A fine of VND 20,000,000 to VND 30,000,000 shall be imposed for any of the following acts:

a) Not establishing or establishing a project management board that does not meet the required conditions.

b) Not hiring an organization to provide project management consultancy when such organization does not meet the required conditions, or hiring an organization to provide project management consultancy that does not meet the required conditions.

2. A fine of VND 40,000,000 to VND 50,000,000 shall be imposed for the act of adjusting the investment construction project contrary to regulations for projects using state capital.

3. Measures to remedy consequences: Compel adjustment of the investment construction project according to regulations for the acts stipulated in Clause 2 of this Article.

Article 11. Violation of provisions on urban development investment

1. A fine of VND 30,000,000 to VND 40,000,000 shall be imposed for the act of not supervising or not fully performing the supervision responsibilities as prescribed in relation to the implementation of urban development investment project planning and progress approved by competent authorities.

2. A fine of VND 40,000,000 to VND 50,000,000 shall be imposed on any of the following acts:

a) Implementing urban development investment without following the plan and progress approved by competent authorities.

b) Not handing over the project according to the approved progress.

3. Measures to remedy consequences: Compel implementation of urban development investment to ensure the plan and progress approved for the act stipulated at Point a, Clause 2 of this Article.

Article 12. Violation of provisions on commencement of construction work

1. A warning or a fine of VND 500,000 to VND 1,000,000 shall be imposed for any of the following acts:

a) Not sending a notice of commencement date to the People's Committee of the commune where the construction work is located and the agency issuing the construction permit as prescribed.

b) Not sending a document approving construction organization measures ensuring safety for the construction work and adjacent works to the People's Committee of the commune where the construction work is located before commencing construction.

c) Not approving construction organization measures as prescribed.

2. A fine of VND 15,000,000 to VND 20,000,000 shall be imposed for the act of commencing construction work without meeting the conditions for commencement. In case of commencing construction work without a construction permit for construction works that require a construction permit, the penalty shall be imposed according to Clause 6, Article 13 of this Decree.

3. Violations of provisions on groundbreaking ceremonies, commencement ceremonies, and completion ceremonies of construction works shall be penalized according to the Government's Decree on compensation for losses, disciplinary actions, and administrative penalties for thrift and waste prevention.

Article 13. Violation of provisions on construction work organization

1. Penalties for organizing construction work without enclosure or with enclosure but allowing building materials to fall into surrounding areas or placing building materials in unauthorized locations as follows:

a) Warning or a fine of VND 500,000 to VND 1,000,000 for individual house construction or other construction works not falling under the cases stipulated in Point b of this Clause.

b) A fine of VND 5,000,000 to VND 10,000,000 for construction works that must prepare an economic-technical report on construction or an investment project for construction.

2. Penalties for organizing construction work in violation of construction regulations causing subsidence, cracking, or damage to adjacent works or technical infrastructure as follows:

a) Warning or a fine of VND 500,000 to VND 1,000,000 for rural individual house construction or other construction works not falling under the cases stipulated in Points b and c of this Clause.

b) A fine of VND 3,000,000 to VND 5,000,000 for urban individual house construction.

c) A fine of VND 15,000,000 to VND 20,000,000 for construction works that must prepare an economic-technical report on construction or an investment project for construction.

3. Penalties for organizing construction work in violation of the construction permit issued for repair or renovation as follows:

a) Warning or a fine of VND 500,000 to VND 1,000,000 for rural individual house construction or other construction works not falling under the cases stipulated in Points b and c of this Clause.

b) A fine of VND 3,000,000 to VND 5,000,000 for urban individual house construction.

c) A fine of VND 20,000,000 to VND 30,000,000 for construction works that must prepare an economic-technical report on construction or an investment project for construction.

4. Penalties for organizing construction work in violation of quality management regulations causing collapse or posing a risk of collapse to adjacent works without causing harm to others' health or lives as follows:

a) A fine of VND 3,000,000 to VND 5,000,000 for rural individual house construction or other construction works not falling under the cases stipulated in Points b and c of this Clause.

b) A fine of VND 15,000,000 to VND 20,000,000 for urban individual house construction.

c) A fine of VND 20,000,000 to VND 30,000,000 for construction works that must prepare an economic-technical report on construction or an investment project for construction.

5. Penalties for organizing construction work in violation of the contents of the construction permit issued for new construction as follows:

a) Warning or a fine of VND 500,000 to VND 1,000,000 for rural individual house construction or other construction works not falling under the cases stipulated in Points b and c of this Clause.

b) A fine of VND 10,000,000 to VND 20,000,000 for urban individual house construction.

c) A fine of VND 30,000,000 to VND 50,000,000 for construction works that must prepare an economic-technical report on construction or an investment project for construction.

6. Penalties for organizing construction work without a construction permit when a permit is required as follows:

a) A fine of VND 3,000,000 to VND 5,000,000 for rural individual house construction or other construction works not falling under the cases stipulated in Points b and c of this Clause.

b) A fine of VND 10,000,000 to VND 15,000,000 for urban individual house construction.

c) A fine of VND 30,000,000 to VND 50,000,000 for construction works that must prepare an economic-technical report on construction or an investment project for construction.

7. A fine of VND 40,000,000 to VND 50,000,000 shall be imposed for any of the following acts:

a) Constructing works on land not permitted for construction.

b) Constructing a project contrary to the approved design, urban planning, or construction design that has been approved by the competent authority for a construction project exempted from a construction permit.

8. For the acts stipulated in Clause 3, Clause 5, Clause 6, and Clause 7 of this Article, if they are repeated after an administrative violation record has been issued by the competent authority, depending on the severity of the violation and the scale of the violating construction project, they shall be subject to a fine ranging from VND 500,000,000 to VND 1,000,000,000 and their construction permit may be revoked (if applicable).

9. For the acts stipulated in Clause 3, Clause 5, Clause 6, and Point b Clause 7 of this Article, which do not violate building boundaries, do not affect neighboring constructions, do not cause disputes, and are constructed on land legally owned, in addition to being subject to administrative penalties, the violator must return the illegal gains obtained from the unauthorized construction at 40% of the value of the unauthorized construction for individual residential buildings, and at 50% of the value of the unauthorized construction, non-compliant with the approved design, or urban planning, or construction design for projects under investment plans or construction projects requiring only economic and technical reports. After the investor completes the payment of the fine, the competent authority will issue or adjust the construction permit.

10. For the acts stipulated in Clause 3, Clause 5, Clause 6, and Clause 7 of this Article, which do not fall within the scope of handling as prescribed in Clause 9 of this Article, they shall be handled according to the provisions of Decree No. 180/2007/NĐ-CP.

Article 14. Violations concerning the clearance of land for construction projects

1. A fine of VND 30,000,000 to VND 40,000,000 shall be imposed for any of the following acts:

a) Organizing land clearance contrary to the approved construction plan or investment project plan for construction works;

b) Implementing compensation for assets for land clearance for construction works contrary to regulations;

c) Applying incorrect compensation prices.

2. Measures to remedy consequences:

a) Order restoration to the original state for the act stipulated in Point a Clause 1 of this Article;

b) Order adjustment of the compensation price according to regulations for the act stipulated in Point c Clause 1 of this Article;

c) Order the return of illegal gains obtained from the implementation of administrative violations stipulated in Points b and c Clause 1 of this Article.

Article 15. Violations concerning the supervision of construction works

1. A warning or a fine of VND 500,000 to VND 1,000,000 shall be imposed for any of the following acts:

a) Not hanging signs at the construction site or signs lacking the required content as prescribed;

b) Not keeping records of the qualifications of organizations or individuals directly involved in supervising construction quality.

2. A fine of between 10,000,000 VND and 20,000,000 VND shall be imposed for one of the following acts:

a) Selecting organizations or individuals to supervise construction works without meeting the required qualification conditions;

b) Allowing the construction contractor to arrange manpower unsuitable for the tender documents;

c) The actual capability of manpower, equipment, quality management system, machinery and equipment usage permits, material quality, and installation equipment of the construction contractor does not meet the requirements in the tender documents;

d) Not having inspection records of the construction methods of the contractor; not stamping confirmation on the construction drawings before putting them into construction or stamping but not recording the full content (signature confirmation, date confirmation) on the construction drawings before putting them into construction.

3. A fine of VND 30,000,000 to VND 40,000,000 for any of the following acts:

a) Organizing construction supervision when not meeting the required qualification conditions; hiring construction supervision organizations without meeting the required qualification conditions; failing to organize construction supervision as prescribed (except for individual residences);

b) Allowing the construction contractor to construct contrary to the approved design; constructing contrary to the approved construction organization methods;

c) Allowing the construction contractor to lack performance bond or have insufficient performance bond as prescribed; failing to extend the performance bond when it reaches the extension period.

Article 16. Violation of provisions on construction project quality management

1. A warning or a fine of VND 500,000 to VND 1,000,000 shall be imposed for any of the following acts:

a) Not notifying related contractors about the tasks and authorities of individuals within the investor's quality management system and the supervising contractor for construction works;

b) Not submitting to competent authorities reports on the completion of putting construction projects into use as prescribed;

c) Not submitting periodic reports on the quality of construction projects to competent state authorities as prescribed;

d) Not organizing the establishment of completion files for construction projects;

đ) Not reporting to the competent construction management authority for inspection as required before putting construction projects into use;

2. A fine ranging from 1,000,000 VND to 5,000,000 VND for one of the following actions:

a) Not reporting to competent authorities when construction accidents occur as prescribed;

b) Not organizing the protection of accident sites or arbitrarily demolishing and cleaning up accident sites without approval from competent authorities;

c) Not establishing accident files for construction projects as prescribed;

3. A fine of VND 5,000,000 to VND 10,000,000 for failing to store or store inadequately the quality control files of construction projects as prescribed;

4. A fine of VND 10,000,000 to VND 20,000,000 for using test results from non-accredited laboratories, improperly prepared test result certificates, or missing required test results;

5. A fine of from VND 20,000,000 to VND 30,000,000 for any of the following acts:

a) Not conducting quality testing or conducting such testing improperly;

b) Not using non-fired building materials for projects that must use such materials;

6. A fine of VND 30,000,000 to VND 40,000,000 for not submitting design implementation documents for review by competent authorities as required for projects that need such review;

7. A fine of VND 50,000,000 to VND 60,000,000 for organizing construction work that deviates from approved designs, national technical standards, or specified standards;

8. Measures to remedy consequences:

a) Order the invalidation of test results and retesting or repeating tests as prescribed for violations under Clause 4 of this Article;

b) Order the retesting or rechecking of construction project quality as prescribed for violations under Point a of Clause 5 of this Article;

c) Order the use of non-fired building materials as prescribed for the remaining parts of ongoing construction projects for violations under Point b of Clause 5 of this Article;

d) Order demolition according to Decree No. 180/2007/NĐ-CP for construction work that deviates from approved designs or does not meet quality requirements for violations under Clause 7 of this Article;

Article 17. Violation of provisions on warranty and maintenance of construction projects

1. A warning or a fine of VND 500,000 to VND 1,000,000 shall be imposed for any of the following acts:

a) Not organizing supervision and acceptance of defect correction and repair by construction contractors and equipment supply contractors;

b) Not confirming the completion of warranty for construction projects for construction contractors and equipment supply contractors;

2. A fine of VND 20,000,000 to VND 30,000,000 shall be imposed for any of the following acts:

a) Not establishing maintenance procedures for construction projects as prescribed;

b) Not implementing maintenance according to approved maintenance procedures for construction projects;

c) Not establishing and approving maintenance plans for construction projects;

d) Not reporting to competent construction management authorities on the implementation of maintenance and the safety of construction projects for Class II and higher projects and projects where accidents may cause disasters;

đ) Not conducting inspections, testing, evaluating current conditions, and reporting to competent authorities for their consideration and approval to extend the service life of projects beyond their prescribed design lifespan;

e) Not monitoring construction projects and parts thereof as required by mandatory regulations;

3. A fine of VND 30,000,000 to VND 40,000,000 for not organizing the review and approval of maintenance procedures before accepting construction projects for use;

4. Measures to remedy consequences:

a) Order the establishment of maintenance procedures for construction projects as prescribed for violations under Point a of Clause 2 of this Article;

b) Order the implementation of maintenance for construction projects as prescribed for violations under Point b of Clause 2 of this Article.

Article 18. Violation of regulations on acceptance, payment for completed volume, and final settlement of construction projects funded by state capital

1. A fine of VND 5,000,000 to VND 10,000,000 shall be imposed for one of the following acts:

a) Allowing supervising staff of the contractor to sign documents in the acceptance dossier without a valid construction project supervision practice certificate or a certificate not matching the content of the acceptance;

b) Accepting and putting the project into use before obtaining the opinion of the competent state management agency regarding the inspection of the acceptance process as prescribed.

2. A fine of VND 10,000,000 to VND 20,000,000 for the act of lacking a quantity calculation sheet in the acceptance dossier.

3. A fine of VND 30,000,000 to VND 50,000,000 for the act of lacking certificates of input materials, material testing results, and component parts as required in the acceptance dossier.

4. A fine shall be imposed for the act of settling accounts late for construction works from the time the project components or construction works have been accepted, handed over, and put into operation as follows:

a) A fine of VND 70,000,000 to VND 100,000,000 in cases where the delay exceeds twelve months for project components or construction works under national key projects and Group A projects;

b) A fine of VND 50,000,000 to VND 70,000,000 in cases where the delay exceeds nine months for project components or construction works under Group B projects;

c) A fine of VND 30,000,000 to VND 50,000,000 in cases where the delay exceeds six months for project components or construction works under Group C projects;

d) A fine of VND 20,000,000 to VND 30,000,000 in cases where the delay exceeds three months for construction works that require the preparation of an economic and technical report on construction works.

5. A fine of VND 30,000,000 to VND 50,000,000 for the act of making payments without having complete payment documentation as prescribed.

6. A fine of VND 50,000,000 to VND 60,000,000 for the act of putting completed construction work components or completed construction works into use without organizing acceptance.

7. A fine of VND 70,000,000 to VND 80,000,000 for any of the following acts:

a) Accepting when there is no construction volume or accepting with incorrect construction volume;

b) Construction works have been accepted but do not meet quality requirements according to design documents and completion documents.

8. Measures to remedy consequences:

a) Order to supplement all documents in the acceptance dossier and payment dossier as prescribed for the acts stipulated in Clause 2, Clause 3, and Clause 5 of this Article;

b) Order to reorganize acceptance based on actual construction volumes for the act stipulated at Point a Clause 7 of this Article;

c) Order to improve the quality of construction works in accordance with design documents for the act stipulated at Point b Clause 7 of this Article;

d) Order to recover the amount incorrectly accepted and paid for the act stipulated in Clause 7 of this Article.

Article 19. Violation of regulations on bidding and selection of construction contractors under the Construction Law

1. A fine of VND 30,000,000 to VND 40,000,000 for the act of allowing foreign contractors to perform work without a valid tender permit as prescribed.

2. A fine of VND 40,000,000 to VND 50,000,000 for the act of selecting foreign contractors who do not meet the prescribed capacity conditions to perform work.

3. Violations of regulations on the selection of construction contractors shall be subject to penalties in accordance with the provisions of laws on administrative sanctions in the field of bidding.

4. Measures to remedy consequences:

a) Order to apply for a tender permit for the act stipulated in Clause 1 of this Article;

b) Order to comply with the prescribed capacity conditions for the assigned work for the act stipulated in Clause 2 of this Article.

Article 20. Violation of project management regulations for construction projects by consulting contractors managing investment construction projects

In cases where the investor hires a consulting contractor to manage an investment construction project, the violation behavior, form, and level of penalty for the consulting contractor managing the investment construction project shall be the same as those for the investor.

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Article 21. Violation of conditions for engaging in construction activities and professional capacitygia, tiêu chuẩn được áp dụng, sử dụng số liệu, tài liệu trong hoạt động xây dựng

1. A fine of from VND 10,000,000 to VND 20,000,000 shall be imposed on individuals who commit any of the following acts:

a) Engaging in activities beyond their professional capacity conditions as prescribed; operating with an invalid professional certificate; operating without a professional certificate;

b) Falsely declaring professional capacity in the professional capacity dossier to apply for a construction activity professional certificate.

2. A fine of from VND 20,000,000 to VND 30,000,000 shall be imposed on individuals who lend, borrow, lease, or sublease professional certificates for construction activities.

3. A fine of VND 30,000,000 to VND 40,000,000 for any of the following acts:

a) Assigning tasks to persons without a professional certificate or lacking the corresponding professional capacity conditions for the type and level of construction works for the positions of: Head of urban planning design project, head of specialized urban planning design project, head of urban planning project, head of specialized urban planning department, head of construction survey, head of construction design review, head of construction design project, head of construction design and supervision survey, head of construction project supervision, head of project establishment, head of project management consultant, head of project management, site commander, head of construction design review, cost management consultant, head of implementation organization for inspection work, head of project estimate preparation, head of estimate review, head of estimate audit, specialized construction testing, and other positions as prescribed;

b) Not issuing appointment decisions for heads of specialized urban planning design project; heads of construction design; heads of construction survey; heads of project estimate preparation and other positions as prescribed;

c) Engaging in construction activities beyond the prescribed professional capacity conditions.

4. Additional penalty form: Suspension of the right to use the professional certificate from six months to twelve months for individuals who violate the provisions of Clause 1 (except for the act of operating without a professional certificate) and Clause 2 of this Article.

Article 22. Violation of tender dossier contents

1. A fine of from VND 20,000,000 to VND 30,000,000 shall be imposed on contractors who do not meet the required capacity according to the bidding dossier, arrange personnel, equipment, and materials for use in the construction project that do not match the bidding dossier.

2. Remedial measures: Compel compliance with commitments in the bidding dossier and regulations on selecting contractors in construction activities for subsequent work.

Article 23. Violation of national technical standards, applied standards, and use of data and materials in construction activitiesan toàn các công trình kỹ

1. A fine of from VND 10,000,000 to VND 20,000,000 shall be imposed on the act of using foreign standards without approval from the investment decision-maker.

2. A fine of from VND 20,000,000 to VND 40,000,000 shall be imposed on the act of using test results from non-accredited laboratories or missing required test results as prescribed; using test result certificates prepared in violation of regulations.

3. A fine of from VND 40,000,000 to VND 60,000,000 shall be imposed on the act of using data and materials without legal basis.

4. A fine of from VND 60,000,000 to VND 80,000,000 shall be imposed on the act of failing to use or using incorrectly national technical standards and construction standards as prescribed.

5. Remedial measures: Compel the cancellation of test results from non-accredited laboratories or data and materials without legal basis for violations stipulated in Clause 2 and Clause 3 of this Article.

Article 24. Violations concerning construction survey regulations

1. A fine of VND 20,000,000 to VND 30,000,000 shall be imposed for any of the following acts:

a) Using a laboratory for surveys that has not been calibrated or is not suitable for the survey work;

b) Not implementing measures to ensure safety for people, technical infrastructure facilities, construction works, environmental protection, and maintenance of the survey area's landscape;

c) The test result certificate does not have the signature of the laboratory head and the tester, and the legal entity stamp of the laboratory management facility as prescribed;

d) Not storing survey samples and survey documentation as prescribed;

đ) Not restoring the site after completing the survey.

2. A fine of VND 30,000,000 to VND 40,000,000 shall be imposed for any of the following acts:

a) Preparing a technical survey plan that is inconsistent with the construction survey tasks and applicable construction survey standards;

b) Commencing a survey without a survey task or approved technical survey plan; violating the prescribed survey procedures;

c) Not performing the approved survey tasks correctly;

d) Not conducting the survey according to the approved technical survey plan.

3. A fine of VND 40,000,000 to VND 50,000,000 shall be imposed on contractors who report survey documents and data that do not match the actual survey results or do not comply with regulations, leading to design adjustments.

4. Additional penalty form: Revoking the professional practice certificate for six months to twelve months for individuals committing violations stipulated in Clause 3 of this Article.

5. Measures to remedy consequences: Canceling survey results, survey documents, and data that do not match the actual survey results or do not comply with regulations, and canceling test result certificates from non-calibrated laboratories.

Article 25. Violations concerning urban planning work

1. A fine of VND 2,000,000 to VND 5,000,000 shall be imposed for violations of the time limit for preparing tasks for regional urban planning, city planning, rural settlement planning, and specialized technical infrastructure planning as prescribed.

2. A fine of VND 10,000,000 to VND 15,000,000 shall be imposed for violations of the time limit for preparing urban planning schemes, city planning schemes, rural settlement planning schemes, and specialized technical infrastructure planning schemes as prescribed.

3. Fine from 15,000,000 VND to 20,000,000 VND for any of the following acts:

a) Preparing urban planning scheme drawings and overall building layout drawings that do not conform to national technical standards, applicable standards, and prescribed scales;

b) The drawing title block does not contain the name and signature of the project planner, the head of the design department, the legal representative of the contractor, and the contractor's stamp;

c) The design documentation for urban planning schemes and overall building layout drawings are incomplete, failing to accurately reflect all technical parameters and fully comply with the prescribed drawing symbols;

d) Not having urban design documentation or having incomplete documentation as prescribed;

đ) Not having strategic environmental impact assessment reports or having incomplete reports as prescribed;

e) Preparing district zoning plans that are inconsistent with the general plan, detailed plans that are inconsistent with the district zoning plan;

g) Not fully complying with urban planning standards and other relevant design standards.

4. Measures to remedy consequences:

a) Ordering the preparation of urban planning scheme drawings and overall building layout drawings in accordance with regulations for violations specified in Points a, e, and g of Clause 3 of this Article;

b) Ordering the preparation of urban design documentation and strategic environmental impact assessment reports in accordance with regulations for violations specified in Points d and đ of Clause 3 of this Article.

Article 26. Violations concerning the preparation of design and construction cost estimates

1. A fine of VND 10,000,000 to VND 20,000,000 shall be imposed for any of the following acts:

a) Preparing construction design documents not in accordance with regulations;

b) Changing designs without following the prescribed procedures;

c) Implementing construction supervision contracts for projects using state funds for construction works designed by themselves;

d) Proceeding to the next design phase when the previous phase has not been approved or does not comply with the previously approved phase;

2. A fine of VND 20,000,000 to VND 30,000,000 shall be imposed for any of the following acts:

a) Specifying material, supplies, and equipment manufacturers in the design and cost estimate documents;

b) Not incorporating non-fired building materials in the design for projects required to use such materials;

c) Preparing technical instructions that do not comply with national technical standards and applicable standards for the project; designing safety measures beyond the prescribed requirements for projects using state funds;

d) Calculating transportation distances and means of transportation that do not match actual conditions, thereby increasing construction costs for projects using state funds;

đ) Not organizing the acceptance of construction design documents or organizing the acceptance of construction design documents not in accordance with regulations;

e) Preparing construction organization methods that do not ensure economic and technical efficiency, calculating transportation distances and means of transportation that do not match actual conditions, thereby increasing costs in the cost estimate for projects using state funds;

g) Preparing cost estimates containing inappropriate application of standard rates compared to the work content; data deviating from the content of the applied standard rates for projects using state funds;

h) Preparing cost estimates containing the application of standard rates not yet approved by the competent authority, which are higher than the approved standard rates for projects using state funds;

i) Not having drawings for auxiliary works but including quantities in the cost estimate to calculate construction costs for projects using state funds;

3. A fine of VND 30,000,000 to VND 40,000,000 for any of the following acts:

a) Not including technical standards and usage features of equipment, supplies, components in the design documents;

b) Preparing maintenance procedures not in accordance with regulations;

c) Issuing construction design documents for projects required to have geological surveys before issuance without geological survey results or not consistent with the prescribed survey results;

d) Applying standard rates and unit prices not matching construction methods, design documents, systems, and policies as prescribed; calculating quantities for inclusion in the cost estimate without reference to design drawing parameters;

đ) Not using model designs or typical designs as required by regulations;

e) Designing not in compliance with national technical standards and applicable standards for the project;

4. Additional forms of punishment: Revoking the professional practice certificate of the lead designer for six months to one year depending on the severity of the violation;

5. Measures to remedy consequences:

a) Ordering the preparation of cost estimates in accordance with regulations for violations specified in Points e, g, h, i Clause 2 and Point d Clause 3 of this Article;

b) Ordering the redesign based on the geological survey results for violations specified in Point c Clause 3 of this Article;

c) Ordering the incorporation of non-fired building materials in the design and cost estimate for the remaining part of the ongoing construction project for violations specified in Point b Clause 2 of this Article;

d) Ordering the acceptance of design documents in accordance with regulations for violations specified in Point đ Clause 2 of this Article;

đ) Ordering the preparation of maintenance procedures in accordance with regulations for violations specified in Point b Clause 3 of this Article;

e) Ordering the preparation of designs, cost estimates, or tender package prices in accordance with state regulations as the basis for reapproving the winning bid price or designated tender price.

Article 27. Violations concerning construction works

1. Sanctions for construction activities without protective barriers; causing building materials to fall into surrounding areas; improperly storing building materials as follows:

a) Warning or a fine of VND 500,000 to VND 1,000,000 for individual house construction or other construction projects except as provided in Point b of this Clause;

b) A fine of VND 5,000,000 to VND 10,000,000 for construction works that must prepare an economic-technical report on construction or an investment project for construction.

2. Sanctions for construction activities violating regulations on construction causing subsidence or cracking of adjacent structures or technical infrastructure as follows:

a) Warning or a fine of VND 500,000 to VND 1,000,000 for rural individual house construction or other construction projects except as provided in Points b and c of this Clause;

b) A fine of VND 5,000,000 to VND 10,000,000 for urban individual house construction;

c) A fine of VND 20,000,000 to VND 30,000,000 for construction works that must prepare an economic-technical report on construction or an investment project for construction.

3. A fine of VND 30,000,000 to VND 40,000,000 for any of the following violations after the construction project has been recorded in an administrative violation report and construction work has ceased:

a) Construction of a project that does not comply with the approved design or planning or urban design approved by the competent authority for construction projects exempted from construction permits;

b) Construction of a project without a construction permit when such a permit is required;

c) Construction of a project that does not conform to the contents of the issued construction permit;

d) Construction on land where construction is not permitted.

4. Sanctions for contractors continuing construction work on a project that has been ordered to stop by an authorized decision as follows:

a) A fine of VND 50,000,000 to VND 100,000,000 for rural individual house construction or other projects not covered by Points b and c of this Clause;

b) A fine of VND 100,000,000 to VND 300,000,000 for urban individual house construction;

c) A fine of VND 500,000,000 to VND 1,000,000,000 for construction projects that require an economic and technical report on construction or an investment project for construction;

5. Sanctions for organizing construction activities that violate regulations on construction quality management causing collapse or risk of collapse of adjacent structures without causing harm to health or life of others as follows:

a) A fine of VND 1,000,000 to VND 5,000,000 for rural individual house construction or other construction projects not covered by Points b and c of this Clause;

b) A fine of VND 15,000,000 to VND 20,000,000 for urban individual house construction.

c) A fine of VND 30,000,000 to VND 40,000,000 for construction projects that require an economic and technical report on construction or an investment project for construction;

6. Remedial measures: Order restoration to the original condition for violations stipulated in Clause 1 (except for construction without protective barriers).

Article 28. Violations concerning safety in construction works

1. A fine of VND 20,000,000 to VND 30,000,000 for any of the following acts:

a) Failure to provide sufficient personal protective equipment for workers at construction sites;

b) Organizing construction without ensuring safe working conditions;

c) Using construction equipment without circulation documents, inspection or beyond the inspection period;

d) Lack of safety warning signs;

đ) Failure to purchase insurance as required;

e) Lack of documentation, written decisions establishing a safety protection system.

2. A fine of VND 30,000,000 to VND 40,000,000 for contractors violating procedures for demolition of construction projects.

Article 29. Violations of construction project quality management regulations

1. A fine of VND 5,000,000 to VND 10,000,000 shall be imposed for one of the following acts:

a) Using the results from laboratories that have not been calibrated;

b) Not having inspection records for machinery and equipment before they are put into construction work as required;

c) Not restoring the site, moving materials, machinery, equipment, and other assets of the contractor out of the construction site after the project has been accepted and handed over (except where otherwise agreed in the contract);

d) Not keeping a construction diary or recording it inaccurately according to regulations;

đ) Not issuing a decision to establish a project command board with assigned tasks for each individual;

e) Causing the loss of positioning markers or boundary markers of the project;

g) Not storing or storing insufficiently the construction project quality management documents as required.

2. A fine of VND 20,000,000 to VND 30,000,000 shall be imposed for any of the following acts:

a) Failing to comply with design requirements regarding the use of non-fired building materials for projects that must use such materials;

b) Not preparing completion drawings as required or preparing completion drawings that do not accurately reflect actual construction;

c) Violating construction warranty regulations;

3. A fine of VND 30,000,000 to VND 40,000,000 for any of the following acts:

a) Using construction materials, components, and technological equipment without origin certificates or quality certification as required;

b) Not having the owner's approval document for major materials;

c) Constructing differently from the approved design;

d) Lacking material testing results as required, accepting material quality that does not meet technical requirements or lacking quality documentation;

đ) Constructing inconsistently with the approved construction organization measures;

e) Not establishing a deformation monitoring system for the project and adjacent structures during construction as required;

4. A fine of from forty million dong to fifty million dong shall be imposed for any of the following acts:

a) Not establishing a quality management system or establishing a quality management system that is not suitable for the scale of the project;

b) The quality management system does not specify the responsibilities of individuals and departments related to project quality management;

c) Not organizing construction supervision except for single-family residential buildings;

5. Measures to remedy consequences:

a) Compelling the invalidation of test results from uncalibrated laboratories for the violation specified in Point a Clause 1 Article this;

b) Compelling the use of non-fired building materials as required for the remaining part of the ongoing construction project for the violation specified in Point a Clause 2 Article this;

Article 30. Violations of construction project construction supervision regulations

1. A fine of VND 5,000,000 to VND 10,000,000 shall be imposed for one of the following acts:

a) Not having a supervision logbook or recording it inaccurately according to regulations;

b) Conducting construction supervision without an organizational chart and supervision outline as required;

2. Imposing a fine of VND 20,000,000 to VND 30,000,000 for carrying out construction supervision work inconsistent with the supervision outline;

3. A fine of VND 30,000,000 to VND 40,000,000 for any of the following acts:

a) Signing a contract with the construction contractor to perform material tests or construction quality inspections on projects supervised by oneself;

b) Performing specialized construction tests or construction quality inspections on projects supervised by oneself;

4. Imposing a fine of VND 40,000,000 to VND 50,000,000 for failing to carry out construction supervision work as required;

5. Imposing a fine of VND 50,000,000 to VND 60,000,000 for any of the following acts:

a) Altering supervision results;

b) Allowing the contractor to construct differently from the approved design concerning geometric dimensions, types, and specifications of construction materials; constructing inconsistently with the approved construction organization measures;

c) Allowing the contractor not to use non-fired building materials as required for projects that must use such materials;

d) Accepting but not having completion drawings for project sections or items; signing acceptance documents without a construction supervision practice certificate;

6. Measures to remedy consequences:

a) Compelling the invalidation of test, inspection, and supervision results for the violations specified in Clause 3, Point a Clause 5 Article this;

b) Compelling the use of non-fired building materials as required for the remaining part of the ongoing construction project for the violation specified in Point c Clause 5 Article this.

Article 31. Violations concerning the acceptance and payment of construction project quantities

1. A fine of VND 10,000,000 to VND 15,000,000 shall be imposed for any of the following acts:

a) Not organizing self-inspection;

b) Inspecting not in accordance with the prescribed procedures and formalities;

c) Confirming completion documents for projects not in accordance with regulations;

d) Not preparing related documents, materials, drawings in both Vietnamese and foreign languages for cases where the project owner or contractor is a foreigner.

2. A fine of from 20,000,000 VND to 30,000,000 VND shall be imposed for prolonging the time to complete documents and materials serving the inspection, payment, and final settlement of construction projects as prescribed.

3. A fine of VND 30,000,000 to VND 40,000,000 for any of the following acts:

a) Inspecting before having construction quantities;

b) Inspecting not in accordance with the actual quality and quantity of construction;

c) Confirming completion documents for projects not in accordance with the actual construction.

4. A fine of from 80,000,000 VND to 100,000,000 VND shall be imposed for transferring construction projects to owners or users without organizing inspections as prescribed.

5. Measures to remedy consequences: Compelling the cancellation of inspection, payment, and final settlement results for violations stipulated in Points a and b Clause 3 of this Article.

Article 32. Violations of foreign contractors participating in construction activities in Vietnam

1. A fine of from 20,000,000 VND to 30,000,000 VND shall be imposed for failing to report regularly as prescribed.

2. A fine of from 30,000,000 VND to 40,000,000 VND shall be imposed for participating in construction activities in Vietnam without a tender permit as prescribed.

3. A fine of from 40,000,000 VND to 50,000,000 VND shall be imposed for not using Vietnamese subcontractors as prescribed.

4. A fine of from 50,000,000 VND to 60,000,000 VND shall be imposed for participating in urban planning project design without being recognized by competent authorities as having the appropriate capacity for the work undertaken.

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FOR OTHER ORGANIZATIONS AND INDIVIDUALS

Article 33. Violations concerning the cessation of electricity and water supply for construction projects violating construction order

1. A fine of from 20,000,000 VND to 30,000,000 VND shall be imposed for failing to cease electricity and water supply to construction projects violating construction order upon a decision to suspend construction issued by authorized persons.

2. Measures to remedy consequences: Compelling immediate cessation of electricity and water supply to construction projects violating construction order.

Article 34. Violations concerning review, testing, experimentation, and training in construction activities

1. A fine of VND 5,000,000 to VND 10,000,000 shall be imposed for one of the following acts:

a) Not storing test records, sample receipt forms, and test result reports as prescribed;

b) Not storing or storing course records not in accordance with regulations.

2. A fine of from 30,000,000 VND to 40,000,000 VND shall be imposed for any of the following violations of review regulations:

a) Conducting reviews without meeting the prescribed capacity conditions;

b) Conducting reviews not in accordance with prescribed procedures and formalities;

c) Reporting review results inaccurately.

3. A fine of from 30,000,000 VND to 40,000,000 VND shall be imposed for any of the following violations of testing regulations:

a) Conducting tests without meeting the prescribed capacity conditions;

b) Testing quality not in accordance with prescribed procedures and formalities;

c) Reporting testing results inaccurately.

4. A fine of from 30,000,000 VND to 40,000,000 VND shall be imposed for any of the following violations of experimentation regulations:

a) Conducting experiments without meeting the prescribed capacity conditions;

b) Conducting experiments, providing data, and reporting experiment results not in accordance with regulations; reporting experiment results inaccurately; data on experiment result forms not matching data in experiment result record books.

5. A fine of from 30,000,000 VND to 40,000,000 VND shall be imposed for any of the following violations of training regulations:

a) Enrolling trainees who do not meet the prescribed entry conditions;

b) Organizing training without meeting the prescribed conditions and still issuing certificates;

c) Issuing certificates not in the prescribed format;

d) Not complying with the prescribed regular reporting and notification of changes in training facility locations.

6. A fine of from 50,000,000 VND to 60,000,000 VND shall be imposed for conducting training and issuing certificates for construction supervision skills enhancement; certificates for completing training courses and skills enhancement in construction valuation; project management skills enhancement certificates without recognition by the Ministry of Construction.

7. Additional form of administrative penalty: Revoking the training license for six to twelve months for violations stipulated in Point b Clause 5 of this Article.

8. Measures to remedy consequences:

a) Compelling the cancellation of training results and refunding tuition fees to trainees for violations stipulated in Points a and b Clause 5 and Clause 6 of this Article;

b) Recommending the relevant authority to revoke the laboratory recognition decision for violations stipulated in Point b Clause 4 of this Article.

Chapter III

ADMINISTRATIVE VIOLATIONS, FORMS OF PENALTIES, AND MEASURES TO REMEDY CONSEQUENCES IN THE REAL ESTATE BUSINESS SECTOR

Article 35. Violations concerning real estate business

1. A fine of VND 50,000,000 to VND 60,000,000 shall be imposed for any of the following acts:

a) Selling, transferring, leasing, or leasing with purchase option real estate that must be traded through a real estate trading floor but not through such a trading floor as prescribed;

b) Engaging in buying, selling, transferring, leasing, subleasing, or leasing with purchase option real estate without having the function of real estate business;

c) Selling, transferring, leasing, subleasing, or leasing with purchase option real estate not in accordance with the prescribed procedures;

d) Not confirming or confirming incorrectly the real estate transactions conducted through a real estate trading floor as prescribed;

đ) Determining the statutory capital for registration of real estate business not in accordance with the prescribed regulations;

e) Not providing or providing inaccurate or incomplete documents and information related to real estate being sold, transferred, leased, subleased, or leased with purchase option to customers conducting real estate transactions at a real estate trading floor as prescribed;

g) Not submitting or submitting an inaccurate list to the competent authority to confirm the list of persons entitled to share products of housing projects as prescribed;

h) The project investor of a real estate business project required to report but does not report or reports inaccurately on the implementation of investment construction and real estate business activities of the project as prescribed;

i) Not publicly disclosing information about real estate as prescribed;

k) Declaring the owner's equity for registration of investment in new urban area projects, housing development projects, and industrial infrastructure investment projects inaccurately as prescribed.

2. A fine of VND 60,000,000 to VND 70,000,000 shall be imposed for engaging in real estate business without meeting the conditions or without permission to operate as prescribed.

3. A fine of VND 100,000,000 to VND 150,000,000 shall be imposed for any of the following acts:

a) Violating the provisions on capital mobilization or advance payment sales in housing development projects or real estate business projects;

b) Violating the provisions on transfer of real estate business projects.

4. Additional sanctions: Revocation of the business registration certificate for real estate business activities from six months to twelve months for the acts prescribed in Point a and Point c Clause 1, Clause 2 Article 35 of this Law if repeated.

5. Measures to remedy consequences:

a) Compelling provision of complete information or correction of inaccurate information or compelling submission of lists to the competent authorities for the acts prescribed in Point e, Point g Clause 1 Article 35 of this Law;

b) Compelling return of illegal profits obtained from the administrative violation prescribed in Clause 3 Article 35 of this Law.

Article 36. Violations concerning establishment and operation of real estate trading floors

1. A fine of VND 50,000,000 to VND 60,000,000 shall be imposed for any of the following acts:

a) Violating the provisions on establishment of real estate trading floors;

b) Violating the provisions on location of real estate trading floor operations or changing the trading address without notifying the competent state agencies as prescribed;

c) Not reporting or reporting incompletely on the operation of real estate trading floors to the competent state agencies as prescribed;

d) Operating not in accordance with the registered operational charter with the Department of Construction.

2. A fine of VND 60,000,000 to VND 70,000,000 shall be imposed for any of the following acts:

a) Advertising or publishing information related to real estate transactions at real estate trading floors and on mass media without authorization from the real estate owners to conduct such transactions;

b) Not posting or publishing information about real estate being traded for sale, transfer, lease, sublease, or lease with purchase option at real estate trading floors or posting or publishing incomplete information as prescribed;

c) Not implementing or implementing incorrectly the anti-money laundering regulations in real estate business as prescribed;

d) Conducting real estate transactions for sale, transfer, lease, or lease with purchase option through real estate trading floors not in accordance with the prescribed procedures or when the real estate does not meet the conditions for trading through real estate trading floors as prescribed.

3. Additional sanctions: Suspension of real estate trading floor service business operations from twelve months to twenty-four months for the acts prescribed in Clause 1 and Clause 2 of this Article if repeated.

Article 37. Violation of provisions on training and enhancing knowledge in the field of housing and real estate business

1. A fine of VND 30,000,000 to VND 40,000,000 shall be imposed for any of the following acts:

a) Conducting training and issuing certificates of completion of training courses not in accordance with regulations;

b) Failing to report training activities to competent state agencies as prescribed.

2. A fine of from VND 50,000,000 to VND 60,000,000 shall be imposed for any of the following acts:

a) Carrying out advertising, recruiting trainees, or conducting training without permission from the Ministry of Construction;

b) Issuing certificates of completion of training courses without conducting such training.

3. Additional penalty measures: Revoking the right to use the training license for six months to one year for the act stipulated in Point b Clause 2 of this Article.

4. Measures to remedy consequences:

a) Not recognizing the results of training for the acts stipulated in Point a Clause 1 and Point b Clause 2 of this Article, depending on the level of violation;

b) Recovering or declaring invalid the certificates that have been issued;

c) Compelling the return of tuition fees to trainees for the acts stipulated in Point a Clause 1 and Point b Clause 2 of this Article, depending on the level of violation.

Article 38. Violation of provisions on operating real estate services

1. A fine of VND 10,000,000 to VND 15,000,000 shall be imposed for any of the following acts:

a) Engaging independently in real estate brokerage or valuation without a professional certificate as prescribed; managing and operating a real estate trading floor without a certificate of completion of training and enhancement of knowledge on management and operation of real estate trading floors; managing and operating condominiums without a certificate of completion of training and enhancement of specialized knowledge and skills in managing and operating condominiums;

b) Altering, modifying, lending, renting, or borrowing a professional certificate for real estate brokerage or valuation to operate real estate services or a certificate of completion of training and enhancement of knowledge on management and operation of real estate trading floors or a certificate of completion of training and enhancement of specialized knowledge and skills in managing and operating condominiums;

c) Violating principles of operation in real estate brokerage and valuation.

2. A fine of from VND 30,000,000 to VND 40,000,000 shall be imposed for using real estate brokers or valuers without a professional certificate as prescribed or using persons who must have a certificate of completion of training and enhancement of specialized knowledge and skills in managing and operating condominiums but do not yet have such a certificate.

3. A fine of from VND 40,000,000 to VND 60,000,000 shall be imposed for failing to meet the required number of persons holding real estate brokerage certificates or real estate valuation certificates as prescribed.

4. A fine of from VND 60,000,000 to VND 70,000,000 shall be imposed for any of the following acts:

a) Operating real estate services not in accordance with regulations;

b) Operating real estate services without registering the business activity of operating real estate services.

5. Additional forms of punishment:

a) Revoking the right to use the professional certificate for real estate brokerage or valuation from six months to one year for the acts stipulated in Point b and Point c Clause 1 of this Article;

b) Suspending the operation of real estate business from six months to one year for the act stipulated in Point a Clause 4 of this Article.

Chapter IV

VIOLATIONS OF ADMINISTRATIVE LAW, PENALTY FORMS AND MEASURES TO REMEDY CONSEQUENCES IN THE ACTIVITY OF EXPLORATION, PRODUCTION, AND BUSINESS OF CONSTRUCTION MATERIALS

Article 39. Violations concerning the processing of minerals for construction materials and the production of construction materials

1. A fine of VND 30,000,000 to VND 40,000,000 shall be imposed for any of the following acts:

a) Processing minerals for construction materials without lawful origin;

b) Producing construction materials not in compliance with national technical standards;

c) Producing construction materials without quality standards or failing to ensure quality according to published standards.

2. A fine of from 40,000,000 VND to 50,000,000 VND shall be imposed for the act of using asbestos raw material in the production of construction materials in violation of regulations.

3. A fine of from 50,000,000 VND to 60,000,000 VND shall be imposed for any of the following acts:

a) Investing in a mineral processing plant for construction materials exceeding the capacity permitted by the competent authority;

b) Using minerals for construction materials for purposes not approved by the competent authority.

4. A fine of from 60,000,000 VND to 70,000,000 VND shall be imposed for the act of mining mineral deposits for construction materials without a mining design, not complying with mining procedures, or failing to ensure labor safety as prescribed.

5. Measures to remedy consequences: Compel the return of unlawful profits obtained through the implementation of administrative violations stipulated in Point a, Point b Clause 1 and Clause 3 of this Article.

Article 40. Violations concerning the business of construction materials

1. A warning or a fine of VND 500,000 to VND 1,000,000 shall be imposed for any of the following acts:

a) Not taking measures to ensure safety for people at places selling construction materials with chemical odor, causing dust such as oil paint, oil paper, pressed fiberboard, asphalt, lime, lump lime, and other types of construction materials as prescribed;

b) Not having barriers and warning signs in areas of lime pits, lime tanks.

2. A fine of VND 30,000,000 to VND 40,000,000 shall be imposed for any of the following acts:

a) Not reporting the export of minerals for construction materials as prescribed to the competent state management agency;

b) Circulating products that have not been announced as conforming to national technical standards.

3. Additional form of punishment: Suspension of construction material business activities for six months to twelve months for the act prescribed in Clause 2 of this Article.

Chapter V

ADMINISTRATIVE VIOLATIONS, FORMS OF PUNISHMENT AND MEASURES TO REMEDY CONSEQUENCES IN THE MANAGEMENT OF INFRASTRUCTURE ENGINEERING WORKS

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VIOLATIONS OF WATER SUPPLY AND DRAINAGE REGULATIONS

Article 41. Violations concerning the protection of safe zones around groundwater wells

1. A fine of from 1,000,000 VND to 5,000,000 VND shall be imposed for any of the following acts: Dumping manure, construction waste; raising livestock; planting crops in the safe zone around a groundwater well.

2. A fine of from 1,000,000 VND to 2,000,000 VND shall be imposed for any of the following acts: Digging garbage pits, manure pits, lime pits; burying livestock, harmful substances in the safe zone around a groundwater well.

3. A fine of from 20,000,000 VND to 30,000,000 VND shall be imposed for violating the regulations on protecting the safe zone around a groundwater well, which does not fall under the cases prescribed in Clause 1 and Clause 2 of this Article.

4. A fine of from 40,000,000 VND to 50,000,000 VND shall be imposed for extracting groundwater to serve the implementation of investment construction projects without permission from the competent authority.

5. Measures to remedy consequences:

a) Compel restoration to the original condition for the act prescribed in Clause 1, Clause 2 and Clause 3 of this Article;

b) Compel the implementation of measures to remediate environmental pollution for the act prescribed in Clause 1, Clause 2 and Clause 3 of this Article.

Article 42. Violation of regulations on protecting the safety zone of surface water sources for domestic water supply

1. A fine of from VND 30,000,000 to VND 50,000,000 shall be imposed for the act of constructing various types of structures on shore, on the water surface, or under the water surface within the protected area of surface water sources.

2. Measures to remedy consequences:

a) Order to implement measures to remedy environmental pollution.

b) Order to demolish the construction works or parts thereof that violate the provisions set forth in Decree No. 180/2007/NĐ-CP.

Article 43. Violation of regulations on protecting the safety buffer zones of raw water pipelines and clean water transmission pipelines

1. Warning or a fine of from VND 500,000 to VND 1,000,000 shall be imposed for any of the following acts: Discharging waste, wastewater, dumping soil, rocks, building materials within the safety buffer zones of raw water pipelines or clean water transmission pipelines.

2. A fine of from VND 15,000,000 to VND 20,000,000 shall be imposed for the act of digging or taking soil, rocks within the safety buffer zones of raw water pipelines or clean water transmission pipelines; encroaching upon the safety buffer zones of raw water pipelines or clean water transmission pipelines.

3. A fine of from VND 20,000,000 to VND 25,000,000 shall be imposed for the act of arbitrarily drilling holes in raw water pipelines or clean water transmission pipelines.

4. Measures to remedy consequences:

a) Order to implement measures to remedy environmental pollution.

b) Order to restore the original condition.

Article 44. Violation of regulations on protecting the safety of technical facilities in the water supply systemệ THÔNG THƯỜNG organize credit institutions, foreign bank branches are responsible for organizing the implementation of this Circular.1. Warning or a fine of from VND 500,000 to VND 1,000,000 shall be imposed for the act of discharging feces, garbage, construction waste, defecating; raising livestock; planting trees, vegetables, crops within the safety zones of facilities in the water supply system.

2. Warning or a fine of from VND 500,000 to VND 1,000,000 shall be imposed for any of the following acts violating the regulations on ensuring safety and protecting the safety zones of water towers, reservoirs, and other technical facilities in the water supply system.

3. Measures to remedy consequences: Order to implement measures to remedy environmental pollution.

Article 45. Violation of regulations on protecting and using the water supply network

a) Using water before the water meter.

1. A warning or a fine of VND 500,000 to VND 1,000,000 shall be imposed for any of the following acts:

b) Tampering with the water meter.

c) Arbitrarily changing the location, size, or type of the water meter.

d) Removing the seal or tamper-proofing of the water measuring equipment without complying with regulations.

a) Damaging water pipes or technical equipment in the water supply network.

2. A fine ranging from 1,000,000 VND to 5,000,000 VND for one of the following actions:

b) Arbitrarily connecting to the water supply network, changing the diameter of the water supply pipes without complying with regulations.

c) Moving water pipelines or technical equipment in the water supply network without complying with regulations.

a) Providing clean water for domestic use that does not meet the prescribed quality standards.

3. A fine of between 20,000,000 VND and 30,000,000 VND shall be imposed for one of the following acts:

b) Not providing water according to the terms of the water supply contracts signed with water users.

a) Order to restore the original condition.

4. Measures to remedy consequences:

b) Order to return the unlawful profits obtained from committing administrative violations stipulated in Points a, b, c Clause 1, Point b Clause 2 of this Article.

Article 46. Violation of regulations on exploiting and using the drainage system

1. A fine of from VND 1,000,000 to VND 2,000,000 shall be imposed for the act of dumping soil, rocks, materials, waste into rivers, lakes, canals, ditches, manholes, sewers, drains causing obstruction to flow.

a) Discharging toxic substances into public drainage systems.

2. A fine of from 2,000,000 VND to 4,000,000 VND shall be imposed for any of the following acts:

b) Violating the regulations on protecting the safety of drainage systems.

3. A fine of from VND 4,000,000 to VND 8,000,000 shall be imposed for any of the following acts:

a) Arbitrarily connecting to the drainage network, constructing works on rivers, canals, streams, ponds, lakes.

b) Filling in canals, ditches, ponds, lakes for public drainage contrary to regulations.

c) Arbitrarily moving underground pipelines, manholes for drainage.

d) Constructing various types of structures on shore, on the water surface, under the water surface within the protected area of the drainage system contrary to regulations.

b) Order to demolish the construction works or parts thereof that violate the provisions set forth in Decree No. 180/2007/NĐ-CP for the act stipulated in Point d Clause 3 of this Article.

4. Measures to remedy consequences:

a) Compel restoration to the original condition.

VIOLATIONS OF REGULATIONS ON SOLID WASTE MANAGEMENT

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ORDINARY

ORDINARILY

Article 47. Violation of regulations on the collection, transportation, disposal of waste, construction debris, and solid waste management

1. A fine of from five million to ten million Vietnamese dong for failing to record and store waste-related documents as prescribed.

2. A fine of from fifteen million to thirty million Vietnamese dong for any of the following acts:

a) Storing ordinary solid waste in unauthorized locations or beyond the prescribed time without proper treatment.

b) Mixing ordinary solid waste with hazardous waste.

3. A fine of VND 30,000,000 to VND 40,000,000 for any of the following acts:

a) Operating a solid waste processing facility not according to the technological process approved by competent state agencies.

b) Using unsuitable technology for solid waste processing that causes environmental pollution or fails to meet environmental standards.

c) Processing solid waste not in accordance with prescribed procedures and techniques; failing to ensure emission monitoring indicators, water quality indicators, heavy metal content, physical and chemical indicators, organic indicators as prescribed.

d) Failing to maintain safe distances from other civilian structures as prescribed.

4. Measures to remedy consequences:

a) Compel the implementation of measures to restore the environment for violations stipulated in Clause 2, Point a, Point b, and Point c, Clause 3 of this Article.

b) Compel the processing of solid waste according to prescribed procedures and techniques for the violation stipulated in Point c, Clause 3 of this Article.

c) Compel compliance with prescribed safety distances for the violation stipulated in Point d, Clause 3 of this Article.

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VIOLATIONS OF REGULATIONS ON STREET LIGHTING AND URBAN GREEN SPACES

Article 48. Violation of regulations on the protection and use of public lighting systems

1. Warning or a fine of from five hundred thousand to one million Vietnamese dong for decorating, hanging advertisements, or attaching other items to streetlights without permission or in violation of prescribed conditions.

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

a) Damaging public lighting equipment and systems.

b) Illegally moving or improperly using equipment within public lighting systems.

3. Measures to remedy consequences: Compel restoration to the original condition.

Article 49. Violation of regulations on the protection of green trees, parks, and flower gardens

1. Warning or a fine of from two hundred thousand to five hundred thousand Vietnamese dong for damaging green trees by drilling, nailing, picking flowers, cutting branches, burning roots, peeling bark, defecating, or engaging in other acts that damage green trees, flower gardens, or grass.

2. Warning or a fine of from five hundred thousand to one million Vietnamese dong for any of the following acts:

a) Building platforms around tree trunks in streets, parks, and other public places contrary to regulations.

b) Stringing wires, hanging decorative lights, advertisements, or other items on trees in public places, streets, or parks contrary to regulations.

c) Grazing livestock in parks or flower gardens.

3. A fine of VND 10,000,000 to VND 15,000,000 shall be imposed on any of the following acts:

a) Dumping waste, toxic substances, or building materials at the base of green trees or arbitrarily harming or obstructing the growth of urban green trees.

b) Planting trees on sidewalks, median strips, streets, intersections, or public areas contrary to regulations.

c) Planting prohibited or restricted species of trees without authorization from competent authorities.

d) Using park facilities for purposes other than those intended.

đ) Damaging cultural, service, or public facilities in parks or flower gardens.

e) Occupying, constructing buildings on land designated for green trees in urban planning or obstructing the planting of green trees as prescribed.

g) Organizations or individuals responsible for managing urban green spaces failing to comply with maintenance, care, and development regulations.

4. A fine of from twenty million to thirty million Vietnamese dong for arbitrarily felling, relocating, pruning branches, digging up roots, or cutting tree roots of green trees contrary to regulations.

5. Measures to remedy consequences:

a) Compel restoration to the original condition for violations stipulated in Point a, Point b, Clause 2, Point a, Point b, Point c, Point d, Point đ, Clause 3 of this Article.

b) Compel demolition of construction projects or parts thereof violating the provisions of Decree No. 180/2007/NĐ-CP for the violation stipulated in Point e, Clause 3 of this Article.

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VIOLATIONS OF REGULATIONS ON CEMETERY MANAGEMENT

Article 50. Violations concerning construction, management, and use of cemeteries

1. A warning or a fine of VND 500,000 to VND 1,000,000 shall be imposed for any of the following acts:

a) Constructing graves, tombstones, and other facilities within cemeteries not in accordance with regulations;

b) Damaging tombstones or graves within cemeteries.

2. Imposing a fine from VND 2,000,000 to VND 5,000,000 for any of the following acts:

a) Burial in closed cemeteries as prescribed;

b) Failure to relocate graves according to cemetery construction plans or urban development projects approved by competent authorities;

c) Unauthorized relocation of graves within cemeteries without permission from cemetery management agencies;

d) Obstructing or failing to comply with regulations on burial, exhumation, reburial, or cremation activities.

3. A fine of VND 10,000,000 to VND 15,000,000 shall be imposed on any of the following acts:

a) Destroying public works within cemeteries;

b) Establishing fake tombs or fake cemeteries;

c) Excavating or damaging graves without authorization from competent authorities.

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VIOLATIONS OF REGULATIONS ON MANAGEMENT OF UNDERGROUND WORKS AND JOINT USE OF URBAN INFRASTRUCTURE

Article 51. Violations concerning the use of underground urban works

1. A fine of VND 5,000,000 to VND 10,000,000 shall be imposed for one of the following acts:

a) Improperly connecting underground cables or pipelines;

b) Using trench systems or technical ditches without permits or for unauthorized purposes;擅自进行非法挖掘或移动、连接地下管线或技术沟渠；违反有关地下基础设施管理及安全保护的规定。

2. Measures to remedy consequences: Compel restoration to the original state.

Article 52. Violations concerning management, operation, and exploitation of infrastructure works

1. Fine from VND 5,000,000 to VND 10,000,000 for the act of managing infrastructure works without protective measures, without installing warning signs, or without issuing regulations on the safety protection of infrastructure works.

2. Fine from VND 15,000,000 to VND 20,000,000 for the act of violating regulations on maintenance, repair, and upkeep of infrastructure works.

Article 53. Violations concerning management and joint use of infrastructure works

1. A fine of VND 10,000,000 to VND 20,000,000 shall be imposed for any of the following acts:

a) Obstructing the installation, operation, maintenance, and upgrading of equipment as stipulated in signed contracts;

b) Violating regulations on management, exploitation, and use, as well as maintenance of jointly used infrastructure works.

2. Fine from VND 20,000,000 to VND 30,000,000 for the act of installing, managing, and operating telecommunications lines, power lines, public lighting lines, water supply pipes, drainage pipes, energy supply equipment, and devices in jointly used infrastructure works not in accordance with regulations.

3. Fine from VND 30,000,000 to VND 40,000,000 for the act of constructing jointly used infrastructure works that do not comply with urban planning, lack construction permits as required, or deviate from the contents of issued construction permits.

4. Measures to remedy consequences:

a) Compel restoration to the original state for the act stipulated in Clause 2 of this Article;

b) Compel demolition of the constructed work or part thereof violating the provisions of Decree No. 180/2007/NĐ-CP for the act stipulated in Clause 3 of this Article.

Chapter VI

VIOLATIONS OF ADMINISTRATIVE LAW, FORMS OF PENALTIES, AND MEASURES TO REMEDY CONSEQUENCES IN THE MANAGEMENT AND DEVELOPMENT OF HOUSING AND OFFICE BUILDINGS

Article 54. Violations concerning housing development

1. A fine of VND 20,000,000 to VND 30,000,000 shall be imposed for any of the following acts:

a) Not publicly disclosing information about housing projects or inadequately or inaccurately disclosing such information as required during implementation;

b) Not reporting project implementation status to competent authorities as required;

c) Incorrectly classifying apartment buildings as required.

2. Fine from VND 80,000,000 to VND 100,000,000 for any of the following acts:

a) Not allocating land or insufficiently allocating land in commercial housing development projects for social housing construction as required;

b) Not synchronously investing in social infrastructure and technical infrastructure as approved in the project;

c) Implementing the project behind schedule as approved.

3. Measures to remedy consequences:

a) Compel public disclosure of information as required for the act stipulated at Point a, Clause 1 of this Article;

b) Compel allocation of land as required for social housing construction for the act stipulated at Point a, Clause 2 of this Article.

Article 55. Violations concerning management and use of residential houses

1. A warning or a fine of VND 500,000 to VND 1,000,000 shall be imposed for any of the following acts:

a) Advertising, writing, or drawing on the exterior of residential houses contrary to regulations;

b) Raising livestock or poultry in common ownership or common use areas; raising livestock or poultry in private ownership or exclusive use areas affecting the order, aesthetics, and living environment of other households and public areas.

2. A fine of VND 10,000,000 to VND 20,000,000 shall be imposed for any of the following violations concerning the management and use of apartment buildings:

a) Randomly disposing of waste, wastewater, exhaust gases, or harmful substances causing seepage, leakage, and environmental pollution;

b) Misusing management and operation funds or maintenance funds for common ownership parts of apartment buildings contrary to regulations;

c) Using paint colors or decorating the exterior of apartments or apartment buildings contrary to regulations.

3. A fine of VND 50,000,000 to VND 60,000,000 shall be imposed for any of the following violations concerning the management and use of apartment buildings:

a) Operating restaurants, karaoke bars, dance clubs;

b) Repairing motorcycles; operating livestock or poultry businesses; slaughtering livestock;

c)擅自扩大、占用面积或空间，或者以任何形式损坏属于共有部分或共同使用部分的财产；擅自凿墙、改造、拆除共有部分、专有部分或专用部分的结构；改变承重部分、基础设施系统、共用设备和建筑外观；

d) Dividing or changing the purpose of use of common ownership or common use parts contrary to regulations;

đ) Operating gas or explosive, flammable materials.

4. Penalties for any of the following violations concerning the management and use of detached houses in urban areas are as follows:

a) A fine of VND 10,000,000 to VND 20,000,000 shall be imposed for any of the violations specified in Clause 2 of this Article;

b) A fine of VND 50,000,000 to VND 60,000,000 shall be imposed for any of the violations specified in Clause 3 of this Article or for arbitrarily removing ancient trees within the compound of a detached house;

c) A fine of VND 80,000,000 to VND 100,000,000 shall be imposed for arbitrarily demolishing or renovating to change the planning (building density, number of floors, and height), exterior architectural style for Group 2 detached houses as prescribed;

d) A fine of VND 100,000,000 to VND 120,000,000 shall be imposed for arbitrarily demolishing or renovating to change the planning (building density, number of floors, and height), exterior architectural style, and original appearance for Group 1 detached houses as prescribed.

5. A fine of VND 50,000,000 to VND 60,000,000 shall be imposed for any of the following violations concerning the management of residential houses:

a) Encroaching on residential houses, encroaching on surrounding spaces, or occupying residential house areas contrary to the law;

b) Failing to demolish residential houses as prescribed or failing to comply with the demolition decision of the competent authority;

c) Using state-owned residential houses without the consent of the housing management agency for expansion, repair, or renovation.

6. Measures to remedy consequences:

a) Order restoration to the original condition for the violations specified in Clause 1, Point a Clause 2, Point d Clause 3, Points c and d Clause 4, and Point a Clause 5 of this Article;

b) Order the demolition of construction projects or parts of construction projects violating the provisions of Decree No. 180/2007/NĐ-CP for the violations specified in Point d Clause 3, Points c and d Clause 4, and Points a Clause 5 of this Article.

Article 56. Violations concerning housing transactions

1. A fine of from VND 2,000,000 to VND 4,000,000 shall be imposed for any of the following acts:

a) Lending, entrusting management, or renting out housing without entering into a contract as prescribed;

b) Not having a housing contract notarized or certified as prescribed.

2. A fine of VND 40,000,000 to VND 50,000,000 shall be imposed on any of the following acts:

a) Implementing the sale, lease, or lease-purchase of social housing funded by non-state budget capital to ineligible recipients or in violation of prescribed conditions;

b) Implementing the sale, lease, or lease-purchase of state-owned housing beyond authority, to ineligible recipients, or in violation of prescribed conditions;

c) The lessee of state-owned housing or the purchaser of housing who transfers, converts, sublets, or lends housing without the consent of the competent authority as prescribed.

3. A fine of from VND 60,000,000 to VND 70,000,000 shall be imposed on foreign organizations owning housing in Vietnam that do not comply with prescribed objects or conditions.

4. A fine shall be imposed on individuals who are foreigners or overseas Vietnamese residing abroad committing any of the following violations:

a) A fine of from VND 40,000,000 to VND 50,000,000 shall be imposed for owning housing in Vietnam to ineligible recipients or in violation of prescribed conditions;

b) A fine of from VND 60,000,000 to VND 70,000,000 shall be imposed for owning housing in Vietnam exceeding the prescribed quantity or type.

Article 57. Violations concerning the management and use of public office housing

1. A warning or a fine of from VND 50,000 to VND 200,000 shall be imposed for using personal cooking equipment in offices.

2. A fine of from VND 10,000,000 to VND 20,000,000 shall be imposed for commercial advertising at public offices.

3. A fine of from VND 40,000,000 to VND 50,000,000 shall be imposed for storing explosive materials in offices.

Chapter VII

ADMINISTRATIVE VIOLATIONS, FORMS OF ADMINISTRATIVE SANCTIONS AND MEASURES TO REMEDY CONSEQUENCES IN SPECIALIZED INSPECTION AND AUDIT ACTIVITIES IN THE CONSTRUCTION SECTOR

Article 58. Violations concerning specialized inspection and audit activities in the construction sector

Organizations and individuals who obstruct or hinder persons authorized to perform inspection and audit tasks in construction activities; real estate business; exploitation, production, and trading of construction materials; infrastructure project management; housing development and public office management shall be subject to administrative sanctions according to the form and level of fines for obstructing or hindering public officials as stipulated in the Government's Decree on administrative sanctions in the field of national security, public order, and social safety.

Chapter VIII

COMPETENT AUTHORITY TO ISSUE VIOLATION RECORDS AND IMPOSE ADMINISTRATIVE SANCTIONS

Article 59. Competent authority to issue violation records

The competent authority to issue violation records for violations stipulated in this Decree includes:

1. The authority to impose penalties as provided for in Articles 61, 62, 63, 64, 67, 68, and 69 of this Decree.

2. Civil servants assigned the task of inspecting and detecting administrative violations in the fields stipulated in this Decree by People's Committees at all levels.

3. Civil servants and inspectors of the State Audit Agency in the Construction Sector assigned to carry out independent specialized inspection tasks or inspections as part of inspection teams.

4. Civil servants assigned to carry out inspection tasks in each field of state management including: construction activities; real estate business; exploitation, production, and trading of construction materials; infrastructure project management; housing development and public office management.

5. The authority to impose penalties within the Public Security Force may issue violation records for the act stipulated in Article 58 of this Decree.

6. The authority to impose penalties of the Market Management Authority as provided for in Article 45 of the Law on Handling Administrative Violations has the authority to issue violation records for the act stipulated in Point b Clause 2 Article 40 of this Decree.

Article 60. Competence to Impose Administrative Sanctions

1. The person authorized to impose administrative sanctions under this Decree shall only be permitted to impose such sanctions within their competence; in cases where the violation exceeds their competence, they must prepare an administrative violation record and transfer it to the competent authority to issue the administrative sanction decision.

2. When applying the form of administrative sanction involving revoking the construction permit, certificate, or professional license, the person authorized to impose sanctions must notify in writing or send the administrative violation sanction decision to the Construction Department Inspectorate.

3. In cases where the administrative violation falls within the competence of multiple persons, the administrative sanction shall be carried out by the first person to handle the case.

4. The fine-imposing competence specified in Articles 61, 62, 63, 64, 66, 67, 68, and 69 of this Decree is the fine-imposing competence for organizations; the fine-imposing competence for individuals is half that of organizations.

Article 61. Competence to Impose Sanctions of Construction Inspection Officers

1. Warning.

2. Imposing a fine up to 1,000,000 VND.

3. Applying the remedial measures prescribed at Points a and b, Clause 3, Article 5 of this Decree.

Article 62. Competence to Impose Sanctions of Heads of Specialized Inspection Teams

1. The Head of the Specialized Inspection Team of the Construction Department Inspectorate has the following sanctioning competences:

a) Warning;

b) Impose a fine up to VND 100,000,000.

c) Revoking the right to use construction permits, certificates, or professional licenses for a limited period or suspending operations for a limited period;

d) Applying the remedial measures prescribed at Points a, b, c, d, and e, Clause 3, Article 5 of this Decree.

2. The Head of the Specialized Inspection Team of the Ministry of Construction Inspectorate has the following sanctioning competences:

a) Warning;

b) Imposing a fine up to 500,000,000 VND for the construction sector; up to 210,000,000 VND for the real estate business sector; mineral exploitation, production, and trading of construction materials; infrastructure technical facility management; housing and office management and development.

c) Revoking the right to use construction permits, certificates, or professional licenses for a limited period or suspending operations for a limited period;

d) Applying the remedial measures prescribed at Points a, b, c, d, and e, Clause 3, Article 5 of this Decree.

Article 63. Competence to Impose Sanctions of the Chief Inspector of the Construction Department

1. Warning.

2. A fine of up to VND 100,000,000.

3. Revoking the right to use construction permits, certificates, or professional licenses for a limited period or suspending operations for a limited period.

4. Applying the remedial measures prescribed at Clause 3, Article 5 of this Decree.

Article 64. Competence to Impose Sanctions of the Chief Inspector of the Ministry of Construction

1. Warning.

a) A fine of from VND 400,000 to VND 500,000 shall be imposed on any of the following acts: cleaning equipment, motorcycles; discharging oil, grease, toxic chemicals; dumping garbage, animal and plant carcasses causing surface water pollution;

a) Up to 300,000,000 VND for the real estate business sector; mineral exploitation, production, and trading of construction materials; infrastructure technical facility management; housing and office management and development;

b) Up to 1,000,000,000 VND for the construction sector.

3. Revoking the right to use construction permits, certificates, or professional licenses for a limited period or suspending operations for a limited period.

4. Applying the remedial measures prescribed at Points a, b, c, d, and e, Clause 3, Article 5 of this Decree.

Article 65. Competence to Impose Sanctions of the People's Public Security

The person authorized to impose sanctions belonging to the People's Public Security has the competence to impose administrative sanctions on violations stipulated in Article 58 of this Decree.

Article 66. Competence to Impose Sanctions of Market Management

The person authorized to impose sanctions of the Market Management agency imposes administrative sanctions according to their competence on violations stipulated at Point b, Clause 2, Article 40 of this Decree.

Article 67. Competence to impose penalties of the Chairman of the People's Committee at the commune level

1. Warning.

2. Fine up to VND 10,000,000.

3. Apply the measures to remedy consequences specified in Points a, b, and đ Clause 3 Article 5 of this Decree.

Article 68. Competence to impose penalties of the Chairman of the People's Committee at the district level

1. Warning.

2. A fine of up to VND 100,000,000.

3. Suspend the right to use licenses and professional certificates for a period of time or suspend operations for a period of time.

4. Apply the measures to remedy consequences specified in Clause 3 Article 5 of this Decree.

Article 69. Competence to impose penalties of the Chairman of the People's Committee at the provincial level

1. Warning.

a) A fine of from VND 400,000 to VND 500,000 shall be imposed on any of the following acts: cleaning equipment, motorcycles; discharging oil, grease, toxic chemicals; dumping garbage, animal and plant carcasses causing surface water pollution;

a) Up to 300,000,000 VND for the real estate business sector; mineral exploitation, production, and trading of construction materials; infrastructure technical facility management; housing and office management and development;

b) Up to 1,000,000,000 VND for the construction sector.

3. Suspend the right to use Construction Permits and professional certificates for a period of time or suspend operations for a period of time.

4. Apply the measures to remedy consequences specified in Points a, b, c, d, and e Clause 3 Article 5 of this Decree.

Chapter IX

IMPLEMENTING PROVISIONS

Article 70. Transitional Provisions

1. Where an administrative violation has been decided on by a competent authority but not yet implemented, it shall continue to be implemented or enforced according to the provisions of the Law on Handling Administrative Violations.

2. For unauthorized construction, construction contrary to permits, or construction contrary to approved designs as provided for in Decree No. 23/2009/NĐ-CP dated February 27, 2009 of the Government on administrative penalties in construction activities; real estate business; exploitation, production, and trading of building materials; management of technical infrastructure works; management of housing development and office buildings, where a decision to forcibly demolish has been issued but has not been implemented until the effective date of this Decree, the competent authority issuing the demolition decision shall consider and handle according to the provisions of Clauses 9 and 10 Article 13 of this Decree.

Article 71. Effective Date

This Decree takes effect from November 30, 2013, replacing Decree No. 23/2009/NĐ-CP dated February 27, 2009 of the Government on administrative penalties in construction activities; real estate business; exploitation, production, and trading of building materials; management of technical infrastructure works; management of housing development and office buildings.

Article 72. Responsibility for Implementation

1. The Ministry of Construction is responsible for guiding the implementation of this Decree.

2. Ministers, Heads of ministerial-level agencies, Heads of agencies under the Government, Chairmen of People's Committees of provinces and centrally administered cities are responsible for implementing this Decree./.