Decree No. 21/2020/ND-CP amends and supplements certain articles of Decree No. 139/2017/ND-CP dated November 27, 2017, of the Government on administrative penalties for violations in investment construction activities; exploitation, processing, trading of construction materials; production and trading of construction materials; management of technical infrastructure works; real estate trading, housing development, management and use of houses and offices.

DECREE

Amending and supplementing some articles of Government Decree No. 139/2017/NĐ-CP dated November 27, 2017 on administrative penalties for violations in investment construction activities; exploitation, processing, trading of construction materials minerals; production, trading of construction materials; management of technical infrastructure works; real estate trading, housing development, management and use of houses and office buildings.

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

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

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

At the proposal of the Minister of Construction;

The Government promulgates this Decree to amend and supplement some articles of Government Decree No. 139/2017/NĐ-CP dated November 27, 2017 on administrative penalties for violations in investment construction activities; exploitation, processing, trading of construction materials minerals; production, trading of construction materials; management of technical infrastructure works; real estate trading, housing development, management and use of houses and office buildings.

Article 1. Amend and supplement Article 7, Article 63, Article 64, and Article 67 of Government Decree No. 139/2017/NĐ-CP on administrative penalties for violations in investment construction activities; exploitation, processing, trading of construction materials minerals; production, trading of construction materials; management of technical infrastructure works; real estate trading, housing development, management and use of houses and office buildings.

1. Amend and supplement Point g Clause 1 Article 7 as follows:

“g) Review of construction design.”

2. Amend and supplement Point a Clause 2 Article 63 as follows:

“a) A person renting or purchasing a state-owned house who carries out conversion, sale, or subletting of the house without the consent of the competent authority as prescribed.”

3. Amend and supplement Point d Clause 2 Article 63 as follows:

“d) Selling, leasing for purchase, exchanging, mortgaging, or contributing capital with a house that does not meet all conditions as prescribed.”

4. Amend and supplement Point c Clause 2 Article 64 as follows:

“c) Subletting or delegating management of civil servant housing.”

5. Amend and supplement Point a Clause 4 Article 67 as follows:

“a) Occupying or using public offices for production, business, renting as housing, or other purposes not in accordance with the intended use of public offices.”

Article 2. Abolish the following provisions:

1. Abolish Point c, Point d Clause 1 Article 7.

2. Abolish Point d, Point đ Clause 2; Point d Clause 3; Point d, Point đ, Point i Clause 5 Article 23.

3. Abolish Clause 3, Point b Clause 4 Article 38.

4. Abolish Clause 1 Article 39.

5. Abolish Point a Clause 1 Article 60.

6. Abolish Point a, Point b Clause 1 Article 61.

Article 3. Transitional Provisions

1. For administrative violations under Point c, Point d, and review of construction cost estimates under Point g Clause 1 Article 7; Point d, Point đ Clause 2; Point d Clause 3 Article 23; Clause 3 Article 38; Clause 1 Article 39; Point a Clause 1 Article 60; Point a, Point b Clause 1 Article 61; the act of a person renting or purchasing a state-owned house who carries out lending of the house without the consent of the competent authority as prescribed under Point a Clause 2 Article 63; the act of giving away a house that does not meet all conditions as prescribed under Point d Clause 2 Article 63; the act of lending civil servant housing under Point c Clause 2 Article 64; the act of occupying or using public offices for lending housing not in accordance with the intended use of public offices under Point a Clause 4 Article 67 of Government Decree No. 139/2017/NĐ-CP occurring before the effective date of this Decree but for which there has been an administrative penalty decision by the competent authority that has not yet been implemented, continue to implement according to the regulations.

2. In cases where the violations mentioned in Clause 1 of this Article have been recorded in an administrative violation record or discovered after the effective date of this Decree, no administrative penalty shall be imposed.

Article 4. Effective date

This Decree takes effect from April 1, 2020.

State-owned enterprises that have been assigned by the Ministry of Agriculture and Rural Development to conduct offshore wind power project surveys before the effective date of this Circular shall continue to implement according to the assigned documents; any new matters arising after the effective date of this Circular shall be implemented in accordance with the provisions of this Circular.

Ministers, Heads of ministerial-level agencies, Heads of agencies under the Government, Chairpersons of provincial People's Committees directly under the central government, and relevant organizations and individuals are responsible for implementing this Decree./.