Decree No. 126/2004/ND-CP on administrative sanctions for violations in construction activities, management of urban infrastructure works, and management and use of houses.

DECREE

Regarding administrative penalties for violations in construction activities, urban infrastructure project management, and housing management.

urban infrastructure works and management of housing use

____________________

THE GOVERNMENT

Pursuant to the Law on Organization of the Government dated December 25, 2001;

Pursuant to the Construction Law dated November 26, 2003;

Based on the Administrative Violation Handling Ordinance dated July 2, 2002;

At the proposal of the Minister of Construction,

DECREE:

Chapter I

GENERAL PROVISIONS

Article 1. Scope of application

1. This Decree stipulates acts of administrative violations in construction activities, urban infrastructure project management, and housing management; forms and levels of penalties; authority and procedures for imposing penalties; complaints, denunciations, and resolution of complaints and denunciations.

2. Administrative violations in construction activities, urban infrastructure project management, and housing management are actions intentionally or negligently carried out by organizations or individuals that violate regulations on construction activities, urban infrastructure project management, and housing management without constituting a crime and according to the law must be subject to administrative penalty.

3. Administrative violations in construction activities, urban infrastructure project management, and housing management include:

a) Administrative violations in construction activities of the investor;

b) Administrative violations in construction activities of the construction contractor (hereinafter referred to as the construction contractor);

c) Administrative violations in construction activities of the consulting contractor;

d) Administrative violations in urban infrastructure project management including: violations in managing urban traffic systems, communication systems, energy supply, public lighting, water supply, drainage, waste treatment, facilities in parks, public gardens, public green spaces, and other facilities;

đ) Administrative violations in housing management.

Article 2. Applicability

1. Vietnamese individuals and organizations committing administrative violations in construction activities, urban infrastructure project management, and housing management shall be punished in accordance with this Decree.

2. Foreign individuals and organizations committing administrative violations in construction activities, urban infrastructure project management, and housing management within the territory of the Socialist Republic of Vietnam shall be punished in accordance with this Decree, except where international treaties to which Vietnam is a party provide otherwise.

Article 3. Principles for imposing administrative penalties for violations in construction activities, urban infrastructure project management, and housing management.

1. All administrative violations must be promptly discovered and immediately stopped. Administrative penalties must be imposed promptly, fairly, and thoroughly. All consequences caused by administrative violations must be remedied in accordance with the law.

2. Administrative penalties must be imposed by persons authorized under Articles 43, 44, 45, and 46 of this Decree and must be conducted in accordance with the law.

3. An administrative violation shall only be subject to one administrative penalty. Organizations or individuals committing multiple administrative violations shall be penalized for each violation. When multiple organizations or individuals jointly commit an administrative violation, each violating organization or individual shall be penalized.

4. The handling of administrative violations must be based on the nature, degree of violation, personal circumstances of the violator, and mitigating or aggravating circumstances to decide on appropriate forms and measures of punishment.

5. Administrative violations shall not be handled in cases of emergency situations, unexpected events, or when the violator is suffering from mental illness or other diseases that impair their ability to recognize or control their behavior.

Article 4. Statute of limitations for administrative penalties for violations in construction activities, urban infrastructure project management, and housing management.

1. The statute of limitations for administrative penalties is two years, counted from the date the violation was committed; beyond this period, no penalty will be imposed, but the measures provided for in Clause 3 of Article 5 of this Decree may still be applied.

2. Within the statute of limitations specified in Clause 1 of this Article, if organizations or individuals committing administrative violations deliberately evade or obstruct the imposition of penalties by competent authorities, the statute of limitations for imposing penalties shall be recalculated from the date the evasive or obstructive actions cease.

3. Organizations or individuals who have been administratively penalized and have not reoffended within one year from the date the penalty decision is fully executed or from the date the decision becomes ineffective shall be considered as not having been administratively penalized.

Article 5. Forms of administrative penalties and measures to remedy consequences in construction activities, urban infrastructure project management, and housing management.

1. Individuals and organizations committing administrative violations must bear one of the following forms of administrative penalties:

a) Warning;

b) Fine: the maximum fine is up to 70 million Vietnamese dong.

2. Depending on the nature and degree of the violation, individuals and organizations committing violations may also be subject to one or more of the following supplementary forms of penalty:

a) Revocation of the right to use licenses, professional certificates;

b) Confiscation of objects and means used to commit administrative violations.

3. Remedial measures:

a) Order to restore the original condition altered by the administrative violation or to dismantle parts of the construction project or building that violate regulations;

b) Order to implement measures to remedy environmental pollution caused by the administrative violation;

c) Order to comply with state regulations on construction activities, urban infrastructure project management, and housing management;

d) Order to compensate for losses caused by the administrative violation.

Chapter II

FORMS AND LEVELS OF PENALTIES FOR VIOLATIONS IN CONSTRUCTION ACTIVITIES

PART I:

FORMS AND LEVELS OF PENALTIES FOR VIOLATIONS BY THE INVESTOR

Article 6. Imposing penalties on investors organizing the construction of parts of projects or buildings on land not permitted for construction

1. Warning or a fine of between 100,000 and 200,000 Vietnamese dong shall be imposed on investors organizing the construction of parts of projects or buildings that commit one of the following acts:

a) Violating the approved and published construction planning;

b) Constructing on land whose purpose has not yet been changed.

2. A fine of between 200,000 and 400,000 Vietnamese dong shall be imposed on investors organizing the construction of parts of projects or buildings that commit one of the following acts:

a) Constructing on encroached land;

b) Constructing in violation of the red line of roads;

c) Violating the construction boundary.

3. A fine of between 300,000 and 500,000 Vietnamese dong shall be imposed on investors organizing the construction of parts of projects or buildings in prohibited construction areas.

4. In addition to the forms of punishment prescribed in Clauses 1, 2, and 3 of this Article, the investor who violates the provisions shall also be subject to additional punishment and one or more of the following measures may be applied:

a) Confiscation of property or means used to commit the administrative violation.

b) Compel restoration to the original state altered due to administrative violations or compel removal of parts of the construction works that violate regulations;

c) Compel remediation of environmental pollution caused by administrative violations.

Article 7. Punishment for investors violating provisions on construction permits

1. Warning or imposing a fine from VND 100,000 to VND 200,000 on investors organizing the construction of new parts of construction works, new construction works; renovation, expansion, major repair, restoration, and enhancement of construction works without a construction permit as prescribed or in violation of such permit.

2. In addition to the form of punishment prescribed in Clause 1 of this Article, violators shall also be compelled to apply for a construction permit as prescribed or to comply with the construction permit.

Article 8. Punishment for investors violating provisions on design of construction works

1. Warning or imposing a fine from VND 100,000 to VND 200,000 on investors organizing the construction of new parts of construction works, new construction works; renovation, expansion, major repair, restoration, and enhancement of construction works without a design approved as prescribed or in violation of the approved design.

2. In addition to the form of punishment prescribed in Clause 1 of this Article, violators shall also be compelled to apply for approval of the construction design as prescribed or to comply with the approved construction design.

Article 9. Punishment for investors violating provisions on project management in construction works

1. Imposing a fine:

a) From VND 8,000,000 to VND 10,000,000 on investors unilaterally changing or allowing changes to project contents beyond their authority;

b) From VND 10,000,000 to VND 12,000,000 on investors commencing construction works before meeting the conditions for commencement;

c) From VND 12,000,000 to VND 15,000,000 on investors establishing a Project Management Board lacking the required capacity for construction activities as prescribed;

d) From VND 15,000,000 to VND 20,000,000 on investors implementing investment content incorrectly; deviating from the scale of investment compared to the approved investment project decision.

2. In addition to the form of punishment prescribed in Clause 1 of this Article, violators shall also be compelled to comply with the provisions on project management in construction works.

Article 10. Punishment for investors violating provisions on selection of contractors in construction activities

1. Imposing a fine:

a) Imposing a fine from VND 6,000,000 to VND 8,000,000 on investors dividing tender packages or assigning to multiple contractors when a single contractor could undertake the package contrary to the law on selection of contractors in construction activities;

b) Imposing a fine from VND 8,000,000 to VND 10,000,000 on investors selecting contractors for construction works lacking the required capacity for construction activities as prescribed;

c) Imposing a fine from VND 10,000,000 to VND 15,000,000 on investors implementing the bidding plan incorrectly;

d) Imposing a fine from VND 20,000,000 to VND 30,000,000 on investors committing any of the following acts: rigging bids; buying or selling bids; disclosing information during bid evaluation or colluding with contractors; fake bidding or not bidding but still preparing bidding documents and minutes;

2. In addition to the form of punishment prescribed in Clause 1 of this Article, violators shall also be subject to one or more of the following measures:

a) Compel cancellation of the bidding results for violations stipulated in Point d, Clause 1 of this Article;

b) Compel compliance with the provisions of the law on selection of contractors in construction activities.

Article 11. Punishment for investors violating provisions on quality management of construction works

1. Imposing a fine:

a) Imposing a fine from VND 5,000,000 to VND 6,000,000 on investors failing to purchase construction insurance as prescribed;

b) Imposing a fine from VND 6,000,000 to VND 8,000,000 on investors failing to report promptly as prescribed when accidents occur in construction works;

c) Imposing a fine from VND 8,000,000 to VND 10,000,000 on investors committing any of the following acts: violating technical acceptance regulations; violating regulations on handover and commissioning of construction works for operation;

d) Imposing a fine from VND 10,000,000 to VND 20,000,000 on investors committing any of the following acts: forcing progress affecting the quality of construction works; delaying progress beyond the approved investment decision;

đ) Imposing a fine from VND 20,000,000 to VND 70,000,000 on investors organizing the construction of new parts of construction works, construction works committing any of the following acts: using incorrect construction standards; violating construction standards or failing to implement construction supervision as prescribed, affecting the quality of construction works or causing accidents in construction works.

2. In addition to the form of punishment prescribed in Clause 1 of this Article, violators shall also be compelled to comply with the provisions on quality management of construction works.

Article 12. Punishment for investors violating provisions on acceptance, payment of completed volumes, and final settlement of investment capital

1. Imposing a fine:

a) Imposing a fine from VND 10,000,000 to VND 15,000,000 on investors delaying final settlement of investment capital beyond the prescribed period;

b) Imposing a fine from VND 15,000,000 to VND 20,000,000 on investors delaying payment of completed volumes to contractors after completing the required payment procedures as prescribed;

c) Imposing a fine from VND 30,000,000 to VND 50,000,000 on investors committing any of the following acts: fraudulent acceptance; incorrect volume acceptance; falsifying the value of payment and final settlement of construction investment capital;

2. In addition to the form of punishment prescribed in Clause 1 of this Article, violators shall also be subject to the following measures:

a) Compel cancellation of payment and final settlement results for violations prescribed in Point c, Clause 1 of this Article;

b) Compel compliance with the provisions on acceptance, payment of completed volumes, and final settlement of construction investment capital;

c) Compel compensation for losses for violations prescribed in Point b, Clause 1 of this Article.

PART II:

FORMS AND LEVELS OF PENALTIES FOR VIOLATIONS BY CONSTRUCTION CONTRACTORS

Article 13. Construction contractors who violate regulations on conditions for construction business capacity shall be penalized as follows:

1. Imposing a fine:

a) A fine of from VND 8,000,000 to VND 10,000,000 for construction contractors assigning managers or directly supervising personnel without corresponding construction practice qualifications for the type and level of the project;

b) A fine of from VND 10,000,000 to VND 12,000,000 for construction contractors undertaking construction projects beyond their prescribed construction business capacity;

c) A fine of from VND 15,000,000 to VND 20,000,000 for construction contractors engaging in any of the following acts: lending their contractor name; using another contractor's name to conduct construction activities.

2. In addition to penalties stipulated in Clause 1 of this Article, construction contractors violating regulations on construction business capacity shall also be compelled to comply with the provisions on construction business capacity and construction practice.

Article 14. Construction contractors who violate regulations on bidding in construction activities shall be penalized as follows:

1. Imposing a fine:

a) A fine of from VND 6,000,000 to VND 15,000,000 for construction contractors engaging in any of the following acts: commencing construction work not in accordance with tender documents and construction project contracting agreements; other violations of laws on bidding in construction activities;

b) A fine of from VND 15,000,000 to VND 20,000,000 for construction contractors engaging in any of the following acts: colluding in bidding; buying or selling bids.

2. In addition to penalties stipulated in Clause 1 of this Article, construction contractors violating regulations on bidding in construction activities shall also be subject to one of the following measures:

a) Compelling the cancellation of the bidding results for violations stipulated in point b of Clause 1 of this Article;

b) Compelling compliance with commitments in tender documents or regulations on bidding in construction activities.

Article 15. Construction contractors who violate regulations on construction of building components, buildings on land not permitted for construction, construction permits, and design drawings shall be penalized as follows:

1. Imposing a fine:

a) A fine of from VND 100,000 to VND 200,000 for construction contractors undertaking construction of building components or buildings without a construction permit or with an incorrect construction permit; without approved construction drawings or with incorrect approved construction drawings;

b) A fine of from VND 300,000 to VND 500,000 for construction contractors undertaking construction of building components or buildings on land not permitted for construction.

2. In addition to penalties stipulated in Clause 1 of this Article, construction contractors violating regulations on construction of building components, buildings on land not permitted for construction, construction permits, and design drawings shall also have their tools and equipment used for administrative violations confiscated.

Article 16. Construction contractors who violate regulations on construction safety shall be penalized as follows:

1. Imposing a fine:

a) A fine of from VND 1,000,000 to VND 3,000,000 for construction contractors engaging in any of the following acts: failing to properly implement construction procedures and norms causing subsidence or cracks in adjacent structures;

b) A fine of from VND 2,000,000 to VND 4,000,000 for construction contractors failing to provide sufficient personal protective equipment for workers at construction sites;

c) A fine of from VND 4,000,000 to VND 6,000,000 for construction contractors engaging in any of the following acts: failing to post required construction site signs; failing to post safety signs; failing to provide safety barriers; failing to install safety fences;

d) A fine of from VND 6,000,000 to VND 8,000,000 for construction contractors failing to purchase required insurance policies.

2. In addition to penalties stipulated in Clause 1 of this Article, construction contractors violating regulations on construction safety shall also be subject to the following measures:

a) Compelling compensation for damages for violations stipulated in point a of Clause 1 of this Article;

b) Compelling compliance with regulations on construction safety.

Article 17. Construction contractors who violate regulations on construction quality management shall be penalized as follows:

1. Imposing a fine:

a) A fine of from VND 1,000,000 to VND 5,000,000 for construction contractors using test results of construction materials or components from laboratories that have not been certified;

b) A fine of from VND 5,000,000 to VND 8,000,000 for construction contractors engaging in any of the following acts: failing to prepare completion drawings as required; violating regulations on construction warranty;

c) A fine of from VND 8,000,000 to VND 10,000,000 for construction contractors engaging in any of the following acts: using construction materials; using construction components; using construction technology equipment without origin certificates or certificates of compliance with quality standards;

d) A fine of from VND 40,000,000 to VND 50,000,000 for construction contractors engaging in any of the following acts: lacking a quality management system; failing to organize construction supervision; constructing not in accordance with designs; constructing not in accordance with construction standards and specifications affecting construction quality or causing construction accidents.

2. In addition to penalties stipulated in Clause 1 of this Article, construction contractors violating regulations on construction quality management shall also be compelled to comply with regulations on construction quality management.

Article 18. Punishment for construction contractors violating regulations on acceptance, payment of completed volume

1. Imposing a fine:

a) A fine of from VND 10,000,000 to VND 15,000,000 shall be imposed on construction contractors who prolong the time to complete documents and materials serving the work of acceptance, payment, and final settlement of projects in accordance with regulations;

b) A fine of from VND 15,000,000 to VND 25,000,000 shall be imposed on construction contractors who commit any of the following acts: fictitious acceptance; incorrect acceptance of volume; distortion of payment and final settlement value.

2. In addition to penalties stipulated in Clause 1 of this Article, construction contractors violating regulations on construction safety shall also be subject to the following measures:

a) Order the invalidation of acceptance, payment, and final settlement results for violations of the provisions stipulated in point b, Clause 1 of this Article;

b) Order compliance with regulations on acceptance, payment, and final settlement of project components and projects.

PART III:

FORMS AND LEVELS OF PUNISHMENT FOR VIOLATIONS BY CONSTRUCTION CONSULTANCY CONTRACTORS CONSTRUCTION

Article 19. Punish construction consultancy contractors for violating regulations on conditions for professional capacity and consultancy activities for construction projects

1. Imposing a fine:

a) A fine of from VND 3,000,000 to VND 5,000,000 shall be imposed on construction consultancy contractors operating in violation of regulations; individuals engaging in consultancy activities without a valid professional certificate;

b) A fine of from VND 5,000,000 to VND 7,000,000 shall be imposed on construction consultancy contractors accepting consultancy contracts beyond their prescribed capacity;

c) A fine of from VND 7,000,000 to VND 10,000,000 shall be imposed on construction consultancy contractors who commit any of the following acts: renting out; lending the name;

d) A fine of from VND 10,000,000 to VND 15,000,000 shall be imposed on construction consultancy contractors who use the name of another organization or individual to engage in consultancy activities; individuals engaging in consultancy activities without a professional certificate.

2. In addition to the punishment forms prescribed in Clause 1 of this Article, construction consultancy contractors who violate regulations shall also be subject to supplementary punishment forms and measures as follows:

a) Suspend consultancy activities for violations of the provisions stipulated in points b and d, Clause 1 of this Article;

b) Revoke the right to use the professional certificate for violations of the provisions stipulated in points a and c, Clause 1 of this Article;

c) Order compliance with conditions for professional capacity and activities for consultancy activities for violations of the provisions stipulated in points b and d, Clause 1 of this Article.

Article 20. Punishment for construction consultancy contractors violating regulations on tendering for construction consultancy services

1. Imposing a fine:

a) A fine of from VND 10,000,000 to VND 15,000,000 shall be imposed on construction consultancy contractors who assign staff not in accordance with the bidding documents and consultancy service contracting agreements;

b) A fine of from VND 15,000,000 to VND 20,000,000 shall be imposed on construction consultancy contractors who commit any of the following acts: rigging bids; buying or selling consultancy service contracts.

2. In addition to the punishment form prescribed in Clause 1 of this Article, construction consultancy contractors who violate regulations shall also be subject to one of the following measures:

a) Order the invalidation of tendering results for violations of the provisions stipulated in point b, Clause 1 of this Article;

b) Order compliance with regulations on tendering for construction consultancy services.

Article 21. Punishment for construction consultancy contractors violating regulations on construction standards, specifications, and using invalid data or materials in construction investment consultancy activities

1. Imposing a fine:

a) A fine of from VND 5,000,000 to VND 7,000,000 shall be imposed on construction consultancy contractors who use test results from laboratories that have not been certified;

b) A fine of from VND 7,000,000 to VND 10,000,000 shall be imposed on construction consultancy contractors who use invalid, inaccurate, or inappropriate data or materials;

c) A fine of from VND 10,000,000 to VND 20,000,000 shall be imposed on construction consultancy contractors who commit any of the following acts: failing to use construction standards or specifications; using construction standards or specifications incorrectly.

2. In addition to the punishment form prescribed in Clause 1 of this Article, construction consultancy contractors who violate regulations shall also be ordered to comply with regulations on consultancy activities.

Article 22. Imposing penalties on construction consulting contractors for violating regulations on construction project quality management

1. A fine of from VND 15,000,000 to VND 20,000,000 shall be imposed on construction consulting contractors who violate regulations on construction project quality management, thereby affecting the quality of the project or causing accidents.

2. In addition to the penalty form prescribed in Clause 1 of this Article, construction consulting contractors who violate the regulations shall also be subject to one or more of the following measures:

a) Compel to compensate for losses caused by administrative violations;

b) Compel to comply with regulations on construction project quality management.

Article 23. Imposing penalties on construction consulting contractors for violating regulations on professional liability insurance systems

1. A fine of from VND 5,000,000 to VND 10,000,000 shall be imposed on construction consulting contractors who fail to purchase professional liability insurance as required.

2. In addition to the penalty form prescribed in Clause 1 of this Article, construction consulting contractors who violate the regulations shall also be compelled to purchase professional liability insurance.

Article 24. Imposing penalties on construction consulting contractors for violating regulations on acceptance, payment, and final settlement of construction projects

1. Imposing a fine:

a) A fine of from VND 8,000,000 to VND 10,000,000 shall be imposed on construction consulting contractors who engage in any of the following acts: delaying the completion of documentation for payment and final settlement as stipulated;

b) A fine of from VND 10,000,000 to VND 15,000,000 shall be imposed on construction consulting contractors who engage in any of the following acts: fraudulent acceptance; incorrect quantity acceptance; falsifying payment and final settlement values in construction consulting and construction contracts.

2. In addition to the penalty form prescribed in Clause 1 of this Article, construction consulting contractors who violate the regulations shall also be subject to the following measures:

a) Compel to nullify the results of payment and final settlement for violations as prescribed in point b of Clause 1 of this Article;

b) Compel to comply with regulations on acceptance, payment, and final settlement of construction projects.

Chapter III

FORMS AND LEVELS OF ADMINISTRATIVE PENALTIES FOR VIOLATIONS OF URBAN INFRASTRUCTURE MANAGEMENT AND HOUSING USE REGULATIONS

PART I:

FORMS AND LEVELS OF ADMINISTRATIVE PENALTIES FOR VIOLATIONS OF URBAN INFRASTRUCTURE MANAGEMENT REGULATIONS Imposing penalties on organizations and individuals for violating regulations on protecting groundwater safety zones

Article 25. 1. A warning or a fine of from VND 50,000 to VND 200,000 shall be imposed on any of the following acts: defecating, dumping waste; raising livestock; planting trees, vegetables, flowers, and other violations within the groundwater safety zone.

2. A fine of from VND 200,000 to VND 500,000 shall be imposed on any of the following acts: digging wells, pits for waste, manure, lime; burying livestock, harmful substances within the groundwater safety zone.

3. In addition to the penalty forms prescribed in Clauses 1 and 2 of this Article, violators shall also be compelled to implement remedial measures for pollution caused by administrative violations.

Imposing penalties on organizations and individuals for violating regulations on protecting surface water safety zones

Article 26. 1. A warning or a fine of from VND 50,000 to VND 100,000 shall be imposed on any of the following acts: bathing, washing clothes; raising, grazing livestock within the surface water source area; mooring boats, rafts; building ferry docks within the surface water source area.

2. A fine shall be imposed:

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;

b) A fine of from VND 2,000,000 to VND 3,000,000 shall be imposed on any of the following acts: discharging industrial wastewater, domestic sewage; draining agricultural runoff into the surface water protection zone;

c) A fine of from VND 4,000,000 to VND 5,000,000 shall be imposed on the act of constructing various types of structures on land, on water, under water within the surface water protection zone without permission from competent authorities.

3. In addition to the penalty forms prescribed in Clauses 1 and 2 of this Article, violators shall also be subject to supplementary penalties and one or more of the following measures:

a) Confiscate objects and means used to commit administrative violations for violations as prescribed in point c of Clause 2 of this Article;

c) Compel to remedy environmental pollution caused by administrative violations.

b) Compel restoration to the original state altered due to administrative violations or compel removal of parts of the construction works that violate regulations;

Imposing penalties on organizations and individuals for violating regulations on protecting the safety buffer zones of raw water pipelines and clean water transmission pipelines

Article 27. a) A fine of from VND 200,000 to VND 400,000 shall be imposed on any of the following acts: dumping garbage, dirty water; dumping soil, construction materials or leaving other objects in the safety buffer zone of raw water pipelines or clean water transmission pipelines;

1. Imposing a fine:

b) A fine of from VND 300,000 to VND 500,000 shall be imposed on any of the following acts: excavating or taking soil in the safety buffer zone of raw water pipelines or clean water transmission pipelines; encroaching on the safety buffer zone of raw water pipelines, clean water transmission pipelines for other purposes.

2. In addition to the penalty form prescribed in Clause 1 of this Article, violators shall also be subject to supplementary penalties and one or more of the following measures:

b) Compel to remedy environmental pollution caused by administrative violations;

a) Confiscation of property or means used to commit the administrative violation.

c) Compel to restore the original condition that was altered due to administrative violations;

d) Compel to comply with regulations on protecting the safety of raw water pipelines and clean water transmission pipelines.

Imposing penalties on organizations and individuals for violating regulations on protecting the safety of technical facilities in the water supply system

Article 28. 1. A fine of from VND 300,000 to VND 500,000 shall be imposed on any of the following acts: dumping feces, garbage, defecation; raising livestock; planting trees, vegetables, flowers; violating safety regulations, entering restricted areas according to regulations and other violations within the safety zones of water towers, reservoirs, and other technical facilities in the water supply system.

b) Compel to implement remedial measures for environmental pollution caused by administrative violations;

b) Compel to remedy environmental pollution caused by administrative violations;

a) Confiscation of property or means used to commit the administrative violation.

c) Compel to comply with regulations on protecting the safety of technical facilities in the water supply system.

Imposing penalties on organizations and individuals for violating regulations on protecting and using urban water supply networks

Article 29. Imposing penalties on organizations and individuals for violations of regulations on the protection and use of urban water supply networks

1. Imposing a fine:

a) A fine of VND 300,000 to VND 500,000 shall be imposed for any of the following acts: tapping into water supply pipelines, changing the diameter of water supply pipes not in accordance with regulations; using water before the water meter; tampering with the water meter; arbitrarily changing the position, size, or type of the water meter; removing the seal or lead seal of measuring equipment not in accordance with regulations;

b) A fine of VND 500,000 to VND 1,000,000 shall be imposed for any of the following acts: damaging water supply pipelines or technical equipment in the water supply system; moving pipelines or technical equipment within the water supply system not in accordance with regulations; installing water supply pipelines without a permit; using water from the water distribution network or fire hydrants for purposes other than those prescribed.

2. In addition to the penalties prescribed in Clause 1 of this Article, organizations and individuals who violate shall also be subject to additional penalties and measures as follows:

a) Confiscation of property or means used to commit the administrative violation.

b) Compel restoration to the original condition altered due to administrative violations.

Article 30. Imposing penalties on organizations and individuals who violate provisions concerning the protection and use of drainage systems.

1. A warning or a fine of VND 100,000 to VND 200,000 shall be imposed for any of the following acts: dumping soil, rocks, materials, waste into rivers, lakes, canals, ditches, manholes, stormwater drains; planting crops, growing water plants, or engaging in other acts that obstruct the flow of the drainage system.

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) A fine of VND 300,000 to VND 500,000 shall be imposed for any of the following acts: arbitrarily tapping into or moving underground pipes, manholes of the drainage system; discharging harmful substances into public drainage systems;

b) A fine of VND 500,000 to VND 1,000,000 shall be imposed for any of the following acts: filling in canals, ditches, public ponds, lakes contrary to regulations.

a) Confiscate objects and means used to commit administrative violations for violations as prescribed in point c of Clause 2 of this Article;

a) Confiscation of property or means used to commit the administrative violation.

b) Compel restoration to the original condition altered due to administrative violations or compel demolition of parts of the construction works or constructions that violate the regulations.

c) Compel implementation of measures to mitigate consequences caused by administrative violations.

Article 31. Imposing penalties on organizations and individuals who violate provisions concerning the protection of parks and public greenery.

1. A warning or a fine of VND 50,000 to VND 100,000 shall be imposed on organizations and individuals for any of the following acts: damaging ornamental trees, flower gardens, grass lawns, nailing nails into green trees, littering improperly; grazing cattle, horses, and other livestock in parks or public places contrary to regulations.

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) A fine of VND 100,000 to VND 500,000 shall be imposed for any of the following acts: cutting down, breaking branches; hanging advertisements on street trees and public places contrary to regulations;

b) A fine of VND 500,000 to VND 1,000,000 shall be imposed for any of the following acts: using park facilities for unauthorized purposes; damaging cultural, service, and public facilities in parks.

3. In addition to the penalties prescribed in Clauses 1 and 2 of this Article, organizations and individuals who violate shall also be subject to the following measures:

a) Compel restoration to the original condition altered due to administrative violations for violations of the provisions at point b of Clause 2 of this Article;

b) Compel compliance with regulations concerning the protection and use of facilities in parks and the protection of public greenery.

Article 32. Imposing penalties on organizations and individuals who violate provisions concerning the protection and use of sidewalks, roadbeds, and shoulders of streets.

1. A warning or a fine of VND 100,000 to VND 200,000 shall be imposed on transport vehicle owners who allow loose materials or waste to fall off, causing street sanitation issues.

2. A fine of VND 400,000 to VND 500,000 shall be imposed on organizations and individuals for any of the following acts: excavating, destroying sidewalks, roadbeds, and shoulders of streets without a permit or contrary to the permit.

3. In addition to the penalties prescribed in Clauses 1 and 2 of this Article, organizations and individuals who violate shall also be subject to additional penalties and the following measures:

a) Confiscate objects and means used to commit administrative violations for violations of the provisions at Clause 2 of this Article;

b) Compel restoration to the original condition altered due to administrative violations.

Article 33. Imposing penalties on organizations and individuals who violate provisions concerning the collection, transportation, and disposal of waste.

1. A warning or a fine of VND 50,000 to VND 100,000 shall be imposed on organizations and individuals who dispose of waste in unauthorized locations.

2. A fine of VND 300,000 to VND 500,000 shall be imposed on organizations and individuals who collect or transport waste not in accordance with regulations.

3. In addition to the penalties prescribed in Clauses 1 and 2 of this Article, organizations and individuals who violate shall also be subject to the following measures:

a) Compel implementation of measures to mitigate environmental pollution caused by administrative violations;

b) Compel compliance with regulations concerning safety and environmental protection.

Article 34. Imposing penalties on organizations and individuals who violate provisions concerning the protection and use of public lighting systems.

1. A fine of VND 200,000 to VND 400,000 shall be imposed for any of the following acts: damaging, illegally moving; using equipment in the public lighting system not in accordance with regulations.

2. In addition to the penalties prescribed in Clause 1 of this Article, organizations and individuals who violate shall also be subject to additional penalties and the following measures:

a) Confiscation of property or means used to commit the administrative violation.

b) Compel restoration to the original condition altered due to administrative violations.

Article 35. Imposing penalties on organizations and individuals who violate provisions concerning the protection and use of utility trenches, technical ditches, and other urban infrastructure works.

1. A fine of VND 300,000 to VND 500,000 shall be imposed for any of the following acts: using utility trenches, technical ditches without a permit or not for the intended purpose; arbitrarily digging up, moving, or tapping into utility trenches, technical ditches; violating regulations concerning the management and protection of the safety of other urban infrastructure works.

2. In addition to the penalties prescribed in Clause 1 of this Article, organizations and individuals who violate shall also be subject to additional penalties and measures as follows:

a) Confiscation of property or means used to commit the administrative violation.

b) Compel restoration to the original condition altered due to administrative violations.

Article 36. Imposing penalties on organizations entrusted with managing, operating, and exploiting urban infrastructure works and services that violate regulations concerning the management, operation, and exploitation of urban infrastructure works and services.

1. Imposing a fine:

a) A fine of VND 500,000 to VND 1,000,000 shall be imposed for the act of not constructing fences; not installing warning signs and not issuing regulations on the protection of the safety of urban infrastructure works;

b) A fine of VND 1,000,000 to VND 3,000,000 shall be imposed for the act of not providing services as prescribed;

c) A fine of VND 3,000,000 to VND 5,000,000 shall be imposed for the act of not maintaining, repairing, or servicing urban infrastructure works as prescribed.

2. In addition to the penalties prescribed in Clause 1 of this Article, organizations that violate shall also be compelled to comply with regulations concerning the management, operation, and exploitation of urban infrastructure works and services.

PART II:

FORM AND LEVEL OF ADMINISTRATIVE PENALTIES FOR VIOLATIONS OF REGULATIONS ON THE MANAGEMENT AND USE OF HOUSING HOUSING USE

Article 37. Administrative penalties for organizations and individuals violating regulations on registering the land book and transferring ownership of housing

1. Imposing a fine:

a) A fine of from VND 500,000 to VND 1,000,000 shall be imposed on organizations and individuals who have purchased, inherited, received gifts, or divided housing before this Decree takes effect but fail to complete the registration and transfer procedures within twelve months from the date this Decree comes into force.

b) A fine of from VND 1,000,000 to VND 2,000,000 shall be imposed on organizations and individuals who inherit, receive gifts, or divide housing but fail to complete the registration and transfer procedures within six months from the date such transactions occur.

c) A fine of from VND 2,000,000 to VND 3,000,000 shall be imposed on organizations and individuals who purchase housing but fail to complete the registration and transfer procedures within six months from the date the housing purchase contract is signed.

In cases where housing is purchased on installment, the time period mentioned above shall be calculated from the date when the buyer has fully paid the money.

2. In addition to the administrative penalties prescribed in Clause 1 of this Article, organizations and individuals who violate the regulations shall also be compelled to comply with the State's regulations on registering the land book and transferring ownership of housing.

Article 38. Administrative penalties for organizations and individuals violating regulations on the management and use of apartment buildings

1. A warning or a fine of from VND 100,000 to VND 200,000 shall be imposed on one of the following acts: using or allowing others to use the apartment building contrary to its designated purpose; affecting public order and safety; causing pollution in the apartment building.

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) A fine of from VND 200,000 to VND 300,000 shall be imposed on one of the following acts: arbitrarily changing the structure or design (building walls on the floor surface, moving equipment and technical systems attached to common property).

b) A fine of from VND 300,000 to VND 500,000 shall be imposed on one of the following acts: damaging, altering, or extending the building under any form; dismantling or changing the load-bearing structure, infrastructure, common-use equipment, and exterior architecture of the apartment building.

a) Confiscate objects and means used to commit administrative violations for violations as prescribed in point c of Clause 2 of this Article;

a) Confiscation of objects and means used to commit administrative violations as stipulated in Clause 2 of this Article.

b) Compelling restoration to the original state prior to the violation; compelling removal of parts of the construction works as stipulated in Clause 2 of this Article.

c) Compelling compliance with regulations on the use of apartment buildings.

Article 39. Administrative penalties for organizations and agencies violating regulations on the management and use of office premises

1. A fine of from VND 3,000,000 to VND 5,000,000 shall be imposed on organizations and agencies committing one of the following acts: using office premises for purposes other than those intended; transferring office premises in violation of regulations.

2. In addition to the administrative penalties prescribed in Clause 1 of this Article, organizations and agencies that violate the regulations shall also be compelled to comply with the State's regulations on the management and use of office premises.

Article 40. Administrative penalties for organizations and individuals violating regulations on renting houses to foreigners and overseas Vietnamese

1. Imposing a fine:

a) A fine of from VND 3,000,000 to VND 5,000,000 shall be imposed on the act of renting houses to foreigners or overseas Vietnamese whose lease contracts have expired for more than thirty days.

b) A fine of from VND 4,000,000 to VND 6,000,000 shall be imposed on the act of renting houses to foreigners or overseas Vietnamese without a lease contract or with a lease contract not in accordance with regulations.

2. In addition to the administrative penalties prescribed in Clause 1 of this Article, organizations and individuals who violate the regulations shall also be compelled to comply with the regulations on renting houses.

Article 41. Administrative penalties for foreign individuals and overseas Vietnamese violating regulations on rental contracts, transfer of rental contracts, or subletting houses in Vietnam

1. Imposing a fine:

a) A fine of from VND 3,000,000 to VND 5,000,000 shall be imposed on tenants who have rental contracts but whose contracts have expired for more than thirty days.

b) A fine of from VND 4,000,000 to VND 6,000,000 shall be imposed on tenants who do not have rental contracts or whose contracts are not in accordance with regulations.

c) A fine of from VND 6,000,000 to VND 8,000,000 shall be imposed on tenants who transfer rental contracts or sublet houses in violation of regulations.

2. In addition to the administrative penalties prescribed in Clause 1 of this Article, tenants who violate the regulations shall also be subject to the following measures:

a) Compelling termination of the rental contract for violations as stipulated in points b and c of Clause 1 of this Article.

b) Compelling compliance with regulations on rental contracts for violations as stipulated in point a of Clause 1 of this Article.

Article 42. Administrative penalties for overseas Vietnamese violating regulations on purchasing houses in Vietnam

1. A fine of from VND 10,000,000 to VND 12,000,000 shall be imposed on buyers who purchase houses in violation of legal regulations.

2. In addition to the administrative penalties prescribed in Clause 1 of this Article, buyers who violate the regulations shall also be compelled to comply with the State's regulations on buying and selling houses for overseas Vietnamese purchasing houses in Vietnam.

Chapter IV

AUTHORITY AND PROCEDURES FOR ADMINISTRATIVE PENALTIES IN VIOLATIONS OF ACTIVITIES IN CONSTRUCTION, URBAN INFRASTRUCTURE MANAGEMENT, AND HOUSING MANAGEMENT AND USE

PART I:

AUTHORITY TO ISSUE ADMINISTRATIVE VIOLATION DECISIONS AND VIOLATION RECORDS

Article 43. Authority to impose fines of the Chairman of the People's Committee of Communes

1. A warning or a fine shall be imposed according to the nature and degree of violation as specified in Articles 6; 7; 8; 15; 25; Clause 1, Point a Clause 2 Article 26; Article 27; Article 28; Point a Clause 1 Article 29; Clause 1, Point a Clause 2 Article 30; Clause 1, Point a Clause 2 Article 31; Article 32; Article 33; Article 34; Article 35 and Article 38 of this Decree, but the maximum fine shall not exceed VND 500,000.

2. Supplementary administrative penalties shall be applied.

Confiscation of objects and means used to commit administrative violations with a value up to VND 500,000.

3. Application of measures to mitigate consequences:

a) Compel restoration to the original condition prior to the change caused by the administrative violation;

b) Compelling remediation of environmental pollution caused by administrative violations.

4. Temporary detention of objects and means used to commit administrative violations.

Article 44. Authority to impose fines of the Chairman of the People's Committee of Districts

1. A warning or a fine shall be imposed according to the nature and degree of violation as specified in Articles 6; 7; 8; 15; 16; 25; 26; 27; 28; 29; 30; 31; 32; 33; 34; 35; 36; 38 and 39 of this Decree, but the maximum fine shall not exceed VND 20,000,000.

2. Application of supplementary administrative penalties:

a) Confiscation of property or means used to commit the administrative violation.

b) Revocation of the right to use permits within the authority.

3. Application of measures to mitigate consequences:

a) Compelling restoration to the original state prior to the violation; compelling removal of parts of the construction works that have violated regulations.

b) Compelling remediation of environmental pollution caused by administrative violations.

Article 45. Authority to impose fines of the Chairman of the People's Committee of Provinces

Impose the maximum fine for all administrative violations stipulated in this Decree and other authorities according to Article 30 of the Administrative Violation Handling Ordinance 2002.

Article 46. Authority to impose penalties of specialized inspection forces

1. Construction inspectors performing their duties have the right:

a) To issue a warning or impose a fine depending on the violation and its severity as prescribed in Clause 1 of Article 6; Article 7; Article 8; point a of Clause 1 of Article 15 and Clause 1 of Article 38 of this Decree, but the maximum fine shall not exceed 200,000 VND;

b) To apply supplementary sanctions: confiscate items and means used for administrative violations up to a value of 2,000,000 VND;

d) Compel to comply with regulations on protecting the safety of raw water pipelines and clean water transmission pipelines.

d) To compel the application of measures to restore the original state altered due to administrative violations;

2. Traffic and public works inspectors performing their duties have the right:

a) To issue a warning or impose a fine depending on the violation and its severity as prescribed in Clause 1 of Article 25; Clause 1 of Article 26; Clause 1 of Article 30; Clause 1 of Article 31; Clause 1 of Article 32 and Clause 1 of Article 33 of this Decree, but the maximum fine shall not exceed 200,000 VND;

b) To apply supplementary sanctions: confiscate items and means used for administrative violations up to a value of 2,000,000 VND;

d) Compel to comply with regulations on protecting the safety of raw water pipelines and clean water transmission pipelines.

d) To compel the application of measures to restore the original state altered due to administrative violations;

3. Land inspectors performing their duties have the right:

a) To issue a warning or impose a fine depending on the violation and its severity as prescribed in Clause 1 of Article 38 of this Decree, but the maximum fine shall not exceed 200,000 VND;

b) Confiscate objects and means used for administrative violations up to a value of VND 2,000,000;

d) Compel to comply with regulations on protecting the safety of raw water pipelines and clean water transmission pipelines.

d) To compel the application of measures to restore the original state altered due to administrative violations;

4. Authority to impose penalties of the Chief Inspector (construction, traffic-public works, land) at the Department level:

a) To issue a warning or impose a fine depending on the violation and its severity for all violations of the provisions of this Decree consistent with the State management functions of the sector, but the maximum fine shall not exceed 20,000,000 VND;

b) Confiscate property, means of transportation used for administrative violations;

c) Revoking the right to use licenses, professional certificates within their jurisdiction;

d) To compel restoration to the original state altered due to administrative violations; to compel dismantling parts of construction projects or constructions that violate;

đ) To compel the application of measures to restore the environment polluted due to administrative violations;

5. Authority to impose penalties of the Chief Inspector of the Ministry of Construction:

To impose fines up to the maximum amount for violations of the provisions of this Decree and the authorities prescribed in Clause 3 of Article 38 of the Administrative Violation Handling Ordinance 2002.

6. Authority to impose penalties of specialized State inspection agencies:

The authority to impose administrative penalties of specialized State inspection agencies has the right to impose penalties for violations stipulated in this Decree within the scope of State management functions under their jurisdiction.

7. Organization and operation of specialized construction inspection by the Government.

Article 47. Principles for determining administrative penalty authority

1. Chairmen of People's Committees at all levels have the authority to impose penalties for violations according to the provisions of this Decree within the scope of State management at the local level.

2. The authority to impose administrative penalties of specialized inspection is determined in Article 46 of this Decree.

For cases within the authority of multiple agencies, the agency that discovers the case first shall proceed to impose penalties in accordance with the principles set out in Article 3 of this Decree.

PART II: PROCEDURES FOR IMPOSING ADMINISTRATIVE PENALTIES

Article 48. Recording Violations

1. When discovering administrative violations in construction activities, urban infrastructure management, and housing use management, the authority must immediately stop the violation, impose penalties through simple procedures, or record the violation and transfer it to the authority responsible for imposing penalties.

2. The record must contain all necessary information as prescribed in the model form.

The record must be made in at least two copies: one copy given to the organization or individual who violated, one copy kept in the file for imposing penalties; if the violation exceeds the authority to impose penalties, the case file must be transferred to the competent authority for resolution.

Article 49. Time limit for issuing a decision on imposition of penalties, payment and collection of fines

1. Within no more than ten working days from the date of recording the administrative violation, the authority must issue a decision on imposition of penalties. For cases with many complex circumstances, the time to issue a decision on imposition of penalties shall not exceed thirty days. The decision on imposition of penalties must be sent to the organization or individual being penalized and the fine collection agency within three days from the date of issuance of the decision on imposition of penalties.

2. Organizations or individuals who violate must pay the fine within ten days from the date they receive the decision on imposition of penalties at the place specified in the decision on imposition of penalties and receive a receipt for the fine.

3. In cases where administrative violations are penalized by a warning or a fine up to 100,000 VND, the authority imposing the penalty must issue the decision on imposition of penalties on the spot without having to make a record, and must provide a receipt as prescribed to the person being penalized.

Article 50. Enforcement of decisions on imposition of penalties

1. Organizations or individuals subject to administrative penalties must enforce the decision on imposition of penalties within ten working days from the date of receiving the decision on imposition of penalties.

2. If organizations or individuals subject to administrative penalties do not voluntarily comply with the decision on imposition of penalties, they will be compelled to enforce it.

Article 51. Authority to issue decisions on compulsory enforcement and to enforce decisions on imposition of administrative penalties

1. Chairmen of People's Committees at all levels, Chief Inspectors of specialized inspection agencies at the Department level, and Chief Inspectors of specialized inspection agencies at the Ministry level have the authority to issue decisions on compulsory enforcement and organize compulsory enforcement after the maximum period of ten working days from the date the deadline for compliance with the decision on imposition of penalties expires and the organization or individual does not comply with the decision on imposition of penalties.

2. Organizations or individuals subject to administrative penalties who do not voluntarily comply with the decision on imposition of penalties will be compelled to enforce it through the following measures:

a) Deducting part of the salary or income, deducting money from the bank account;

b) Seizing assets of equivalent value to the fine amount for auction;

c) Compelling the dismantling of parts of construction projects or buildings that violate; confiscating items and means used for administrative violations; compelling restoration to the original state altered due to administrative violations; compelling the implementation of measures to restore the environment polluted due to administrative violations.

3. Organizations or individuals subject to compulsory enforcement must strictly comply with the decision on compulsory enforcement and bear all costs for organizing the implementation of compulsory measures.

4. Public security forces have the responsibility to participate in ensuring order and safety during the enforcement of decisions on compulsory enforcement.

Article 52. Confiscation, handling of evidence and means

1. When applying the form of confiscating evidence and means used to commit administrative violations, the competent authority must prepare a record and issue a decision to confiscate the evidence and means involved in violation according to the prescribed model.

2. The person issuing the confiscation decision shall be responsible for organizing the preservation or transferring the custody of the evidence and means to the violator awaiting further processing.

3. In cases where necessary, the evidence and means used in committing administrative violations must be sealed.

4. Evidence and means confiscated due to administrative violations must be handled according to current regulations.

Chapter V

COMPLAINTS, REPORTING, REWARDS, AND VIOLATION HANDLING

Article 53. Petitioning and Reporting

1. Organizations and individuals subject to administrative violation penalties or their legitimate representatives have the right to file complaints against penalty decisions made by the competent authority in accordance with the law on complaints and reports. During the waiting period for the resolution of complaints by the competent authority, organizations and individuals subject to penalties must still comply with the penalty decision, except in cases where they are required to dismantle parts of construction projects or buildings that violate regulations.

If the complainant disagrees with the complaint resolution decision, they have the right to appeal to the immediate superior of the person who issued the penalty decision within ten days from the date of receipt of the complaint resolution decision or initiate an administrative lawsuit at the competent court.

2. Vietnamese citizens have the right to report to state agencies with jurisdiction about organizations and individuals engaging in administrative violations stipulated in this Decree and to report on the abuse of power by those authorized to impose administrative penalties in contravention of the provisions of this Decree.

3. Complaints and reporting procedures and complaint resolution shall be carried out in accordance with the law on complaints and reports.

Article 54. Awards

Organizations and individuals who achieve outstanding results in urban construction order management, urban infrastructure project management, and housing usage management shall be promptly rewarded in accordance with the law.

Article 55. Handling Violations

1. Those authorized to impose administrative penalties if they abuse their powers, tolerate, cover up, fail to penalize, penalize untimely, improperly, or beyond their jurisdictional responsibilities shall be subject to disciplinary action or criminal prosecution based on the nature and severity of the violation; if material damage is caused, they must compensate according to the law.

2. Organizations and individuals who violate the provisions of this Decree and refuse to voluntarily comply with the penalty decision shall be subject to compulsory enforcement; if they obstruct, resist public officials or use deceitful or bribery methods to evade inspection, supervision, and penalties imposed by the competent authority, they shall be subject to legal sanctions based on the nature and severity of the violation.

Chapter VI

IMPLEMENTING PROVISIONS

Article 56. Effectiveness

This Decree takes effect fifteen days after its publication in the Official Gazette and replaces Government Decree No. 48/CP dated May 5, 1997 on administrative penalties in construction management, housing management, and urban technical infrastructure projects.

Article 57. Guidelines for Implementation

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

Article 58. Responsibility for Implementation

Ministers, Heads of ministerial-level agencies, Heads of government-affiliated agencies, Chairpersons of provincial and centrally governed city People's Committees are responsible for implementing this Decree.