Decree No. 23/2009/NĐ-CP On administrative penalties for violations in construction activities; real estate business; exploitation and production of construction materials; management of technical infrastructure works; management of housing development and office buildings.

DECREE

Regarding administrative penalties for violations 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

_____________________

THE GOVERNMENT

Based on the Government Organization Law No. 32/2001/QH10 dated December 25, 2001;

Pursuant to the Construction Law No. 16/2003/QH11 dated November 26, 2003;

Pursuant to the Law on Housing No. 56/2005/QH11 dated November 29, 2005;

Pursuant to the Law on Real Estate Business No. 63/2006/QH11 dated June 29, 2006;

Pursuant to the Ordinance on Handling Administrative Violations No. 44/2002/PL-UBTVQH10 dated July 2, 2002 of the Standing Committee of the National Assembly and the Ordinance Amending and Supplementing Certain Provisions of the Ordinance on Handling Administrative Violations No. 04/2008/UBTVQH12 dated April 2, 2008;

Considering the proposal of the Minister of Construction,

DECREE:

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

1. This Decree stipulates acts of administrative violations in construction activities, real estate business, exploitation, production, and trading of building materials, management of technical infrastructure works (in urban areas, new urban zones, industrial parks, economic zones, and high-tech zones), management of housing development and office buildings; forms and levels of penalties; authority and procedures for imposing penalties; complaints, denunciations, and resolution of complaints and denunciations.

2. Administrative violations prescribed in this Decree include acts of violating laws on construction activities; real estate business; exploitation, production, and trading of building materials; management of technical infrastructure works; management of housing development and office buildings carried out intentionally or negligently by organizations and individuals that have not reached the level of criminal prosecution shall be subject to administrative penalties.

Article 2. Applicability

1. Vietnamese individuals and organizations committing administrative violations prescribed in Clause 2, Article 1 of this Decree.

2. Foreign individuals and organizations committing administrative violations prescribed in Clause 2, Article 1 of this Decree, if such acts occur within the territory of the Socialist Republic of Vietnam, except where international treaties to which Vietnam is a party provide otherwise.

Article 3. Principles and Statute of Limitations for Administrative Penalties

1. All administrative violations must be promptly discovered and immediately stopped. Administrative penalty proceedings must be conducted promptly, impartially, thoroughly, and in accordance with the procedures specified in this Decree. All consequences caused by administrative violations must be remedied in accordance with the provisions of the law.

2. The statute of limitations for administrative penalties is two years from the date the violation was committed (for construction project investment projects, the statute of limitations for administrative penalties is two years from the date the project is handed over and put into use); beyond this period, penalties will not be imposed but measures provided for in Clause 3, Article 4 of this Decree will still be applied.

3. Within the statute of limitations prescribed in Clause 2 of this Article, if organizations and individuals committing administrative violations deliberately evade or obstruct the competent authority's enforcement of penalties, the statute of limitations for penalties will be recalculated from the date such evasive or obstructive actions cease.

4. Organizations and individuals who have been administratively penalized and have not reoffended within one year from the date of completion of the penalty decision or from the date the penalty decision becomes ineffective shall be considered as not having been administratively penalized.

Article 4. Forms of Administrative Sanctions and Measures to Remedy Consequences

1. Main forms of penalties: fines, with the maximum fine amounting to five hundred million dong;

2. Supplementary forms of penalties:

a. Revocation or confiscation of Construction Permit, Business Registration Certificate, and professional certificates;

b. Confiscation of objects and means used in committing administrative violations.

3. Remedial measures:

a. Compelling restoration to the original state altered due to administrative violations; compelling demolition of construction works in violation;

b. Compelling implementation of measures to remedy environmental pollution caused by administrative violations;

c. Compensation for damages caused by administrative violations in accordance with the provisions of the law.

4. For violations of construction order, in addition to being fined according to this Decree, they shall also be handled in accordance with Decree No. 180/2007/NĐ-CP dated December 7, 2007 of the Government detailing and guiding the implementation of certain provisions of the Law on Construction regarding handling violations of urban construction order (hereinafter referred to as Decree No. 180/2007/NĐ-CP).

Article 5. Form of Announcing Violations on the Electronic Information Website (Website)

In addition to applying penalties and measures to remedy consequences as prescribed, the name of organizations and individuals committing administrative violations, the content of the violation, the form of penalty, and the remedial measures for administrative violations stipulated in Articles 17, 18, 22, 24, 29, and 34 of this Decree must also be announced on the Electronic Information Website (Website) of the Ministry of Construction and of the People's Committee of the province or centrally governed city where the decision on administrative violation penalties was issued.

Chapter II

FORMS AND LEVELS OF PENALTIES FOR ADMINISTRATIVE VIOLATIONS IN CONSTRUCTION ACTIVITIES

PART I. FORMS AND LEVELS OF PENALTIES FOR ADMINISTRATIVE VIOLATIONS AGAINST THE INVESTOR

Article 6. Penalties for investors violating regulations on construction surveys

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

a. Not approving the survey task, technical survey plan, or supplementary survey task plan before the contractor carries out the construction survey;

b. Causing the loss of markers and elevations that have been handed over by the construction survey contractor;

c. Organizing the acceptance of survey results not in accordance with prescribed procedures;

d. Not storing survey results as required.

2. A fine of from VND 30,000,000 to VND 40,000,000 shall be imposed on investors who commit one of the following acts:

a. Conducting construction surveys themselves when they do not meet the prescribed capacity conditions;

b. Not conducting construction survey supervision as prescribed;

c. Not organizing the acceptance of construction survey results.

3. In addition to the penalties prescribed in Clause 1 and Clause 2 of this Article, investors who violate the regulations on construction surveys shall also be ordered to comply with such regulations.

Article 7. Penalties for investors violating regulations on establishing investment project plans for construction works

1. A fine of from VND 30,000,000 to VND 40,000,000 shall be imposed on investors who establish investment project plans for construction works themselves when they do not meet the prescribed capacity conditions.

2. In addition to the monetary penalty, investors who violate the regulations on establishing investment project plans for construction works shall also be ordered to comply with such regulations.

Article 8. Penalties for investors violating regulations on design and construction cost estimates for construction works

1. A fine of from VND 20,000,000 to VND 30,000,000 shall be imposed on investors who commit one of the following acts:

a. Approving and reviewing designs and construction cost estimates for construction works not in accordance with prescribed procedures;

b. Not storing design and construction cost estimate files;

c. Modifying designs without the approval of the design contractor, thereby changing the basic design and technical design.

2. A fine of from VND 30,000,000 to VND 40,000,000 shall be imposed on investors who conduct design work for construction projects themselves when they do not meet the prescribed capacity conditions.

3. In addition to the penalties prescribed in Clause 1 and Clause 2 of this Article, investors who violate the regulations on design work for construction projects shall also be ordered to comply with such regulations.

Article 9. Penalties for investors violating regulations on managing investment projects for construction works using state capital

1. Imposing a fine:

a. A fine of from VND 20,000,000 to VND 30,000,000 shall be imposed on investors who fail to establish a project management board when they lack the capacity to manage the project themselves; establish a project management board that does not meet the prescribed capacity conditions; and fail to hire an organization to provide project management consultancy when they lack the capacity to manage the project themselves;

b. A fine of from VND 40,000,000 to VND 50,000,000 shall be imposed on investors who change the content of the project without complying with the regulations on adjusting the project.

2. In addition to the penalties prescribed in Clause 1 of this Article, investors who violate the regulations shall also be ordered to comply with the regulations on adjusting investment projects for construction works and establishing a Project Management Board.

Article 10. Penalty for project investors who violate regulations on conditions for commencing construction of works

1. A fine of VND 500,000 to VND 2,000,000 shall be imposed on project investors who fail to notify in writing the People's Committee of the commune where the work is being constructed of the date of commencement at least seven days prior to the commencement date as prescribed.

2. A fine of VND 15,000,000 to VND 20,000,000 shall be imposed on project investors who commence construction of works without meeting the conditions for commencement (in cases of violation of construction permit regulations, penalties shall be imposed according to Article 12 of this Decree).

3. Violations of regulations on groundbreaking ceremonies, commencement ceremonies, and completion ceremonies of construction works shall be penalized according to Clause 5, Article 29 of Decree No. 84/2006/NĐ-CP dated August 18, 2006 on compensation for losses, disciplinary measures, and administrative penalties for thrift and waste prevention.

4. In addition to the penalties stipulated in Clauses 1, 2, and 3 of this Article, project investors who violate the provisions of Clauses 1 and 3 of this Article shall also be ordered to comply with the regulations on conditions for commencing construction of works.

Article 11. Penalty for project investors who violate regulations on construction order and safety

1. A fine shall be imposed on project investors who organize construction of works that deviate from the contents of the construction permit issued by the competent authority:

a. A fine of VND 1,000,000 to VND 2,000,000 shall be imposed in cases of individual house construction in rural areas;

b. A fine of VND 5,000,000 to VND 10,000,000 shall be imposed in cases of individual house construction in urban areas;

c. A fine of VND 20,000,000 to VND 30,000,000 shall be imposed in cases of other construction works in rural and urban areas.

2. A fine shall be imposed on project investors who organize construction of works without a construction permit when such a permit is required:

a. A fine of VND 2,000,000 to VND 3,000,000 shall be imposed in cases of individual house construction in rural areas;

b. A fine of VND 10,000,000 to VND 15,000,000 shall be imposed in cases of individual house construction in urban areas;

c. A fine of VND 30,000,000 to VND 40,000,000 shall be imposed in cases of other construction works in rural and urban areas.

3. A fine of VND 30,000,000 to VND 40,000,000 shall be imposed on project investors who organize construction of works that deviate from approved designs; construct works that deviate from detailed construction plans at a scale of 1/500 already approved by the competent authority for construction works exempted from construction permits.

4. For violations stipulated in Clauses 1, 2, and 3 of this Article, if the investor continues to commit the same violation after receiving a decision to suspend construction of the work from the competent authority, they shall be fined between VND 300,000,000 and VND 500,000,000 depending on the severity of the violation and the scale of the violating work, and their construction permit may be revoked (if applicable).

5. A fine shall be imposed on project investors who organize construction of works without proper shielding; causing building materials to fall and scatter around surrounding areas; storing building materials in unauthorized locations:

a. A fine of VND 1,000,000 to VND 2,000,000 shall be imposed in cases of individual house construction;

b. A fine of VND 5,000,000 to VND 10,000,000 shall be imposed in cases of other construction works.

6. A fine shall be imposed on project investors who organize construction of works that violate regulations on construction causing subsidence or cracking of adjacent structures:

a. A fine of VND 1,000,000 to VND 2,000,000 shall be imposed in cases of individual house construction in rural areas;

b. A fine of VND 5,000,000 to VND 10,000,000 shall be imposed in cases of individual house construction in urban areas;

c. A fine of VND 15,000,000 to VND 20,000,000 shall be imposed in cases of other construction works.

7. A fine shall be imposed on project investors who organize construction of works that violate quality management regulations causing collapse or posing a risk of collapse of adjacent structures:

a. A fine of VND 5,000,000 to VND 10,000,000 shall be imposed in cases of individual house construction in rural areas;

b. A fine of VND 15,000,000 to VND 20,000,000 shall be imposed in cases of individual house construction in urban areas;

c. A fine of VND 20,000,000 to VND 30,000,000 shall be imposed in cases of other construction works.

8. In addition to the penalties stipulated in Clauses 1, 2, 3, 4, 5, 6, and 7 of this Article, project investors who violate these provisions shall also be ordered to remedy the consequences and shall be subject to the provisions of Articles 12, 13, 14, and 15 of Decree No. 180/2007/NĐ-CP.

Article 12. Penalty for project investors violating regulations on land clearance for construction projects

1. A fine of VND 10,000,000 to VND 15,000,000 shall be imposed on project investors committing any of the following acts:

a. Organizing land clearance for construction projects in violation of detailed construction planning at a scale of 1:500 or approved investment construction projects;

b. Implementing compensation for assets for land clearance for construction projects in violation of regulations.

2. In addition to the penalty form prescribed in Clause 1 of this Article, project investors who violate regulations shall also be compelled to comply with the provisions on compensation and land clearance.

Article 13. Penalty for project investors violating regulations on construction site supervision

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

a. Not hanging warning signs at the construction site or the signs not containing all required information as prescribed;

b. Not storing records of construction site supervision;

c. Not checking the suitability of the contractor's capacity with tender documents and construction contracts such as: manpower; construction equipment; quality management system; permits for machinery and equipment usage; quality of materials and installed equipment;

d. Not inspecting the contractor's construction methods; not keeping a construction site supervision log; not stamping confirmation on construction design drawings before putting them into construction.

2. A fine of VND 30,000,000 to VND 40,000,000 shall be imposed on project investors who self-supervise construction but do not meet the prescribed capacity conditions or do not organize construction site supervision as prescribed, except for individual houses.

3. In addition to the penalty forms prescribed in Clause 1 and Clause 2 of this Article, project investors who violate regulations shall also be compelled to comply with the provisions on construction site supervision.

Article 14. Penalty for project investors violating regulations on construction project quality management

1. A fine of VND 5,000,000 to VND 10,000,000 shall be imposed on project investors committing any of the following acts:

a. Not submitting reports on the results of certification of construction project quality compliance to the Department of Construction;

b. Not storing construction project files as prescribed;

c. Not submitting periodic six-monthly or annual reports on construction project quality status to the Department of Construction.

2. A fine of VND 10,000,000 to VND 15,000,000 shall be imposed on project investors who fail to report to competent construction management authorities as prescribed when construction accidents occur.

3. A fine of VND 15,000,000 to VND 20,000,000 shall be imposed on project investors committing any of the following acts:

a. Not implementing certification of construction project quality compliance as prescribed;

b. Not purchasing construction project insurance as prescribed.

4. A fine of VND 20,000,000 to VND 30,000,000 shall be imposed on project investors who fail to conduct inspections and certify that construction project components or construction projects are safe for use before operation when accidents occur that may cause disasters to people, property, and the environment as prescribed.

5. A fine of VND 30,000,000 to VND 40,000,000 shall be imposed on project investors who fail to hire qualified consulting organizations as prescribed to inspect construction project quality when accidents occur.

6. A fine of VND 50,000,000 to VND 60,000,000 shall be imposed on project investors who construct projects in violation of construction standards and specifications stipulated in approved design documents.

7. In addition to the penalty forms prescribed in Clause 1, Clause 2, Clause 3, Clause 4, Clause 5, and Clause 6 of this Article, project investors who violate regulations shall also be compelled to comply with the provisions on construction project quality management.

Article 15. Punishment for owners and managers of construction works who violate regulations on maintenance of construction works

1. A fine of from VND 20,000,000 to VND 30,000,000 shall be imposed on owners and managers of construction works who fail to organize the implementation of maintenance of construction works according to the maintenance procedures established by the construction contractor.

2. In addition to the punishment prescribed in Clause 1 of this Article, owners and managers of construction works shall also be ordered to comply with the regulations on maintenance of construction works established by the construction contractor.

Article 16. Punishment for project sponsors who violate regulations on acceptance, payment of completed volume, and final settlement of construction works using state capital

1. A fine of from VND 5,000,000 to VND 10,000,000 shall be imposed on project sponsors who commit one of the following acts:

a. Not organizing the acceptance of construction works at the time specified by the construction contractor in the request for acceptance when the works have been completed and are ready for acceptance without a valid reason;

b. Organizing the acceptance in violation of regulations.

2. A fine of from VND 20,000,000 to VND 30,000,000 shall be imposed on project sponsors who prepare final settlement documents late after the completion of individual items or construction works have been accepted, handed over, and put into operation:

a. 12 months for national key projects and Group A projects;

b. 9 months for Group B projects;

c. 6 months for Group C projects.

3. A fine of from VND 30,000,000 to VND 40,000,000 shall be imposed on project sponsors who delay payment of completed volumes to contractors when the contractors have submitted the correct acceptance and payment documents.

4. A fine of from VND 50,000,000 to VND 60,000,000 shall be imposed on project sponsors who put completed construction works into use before organizing the acceptance.

5. A fine of from VND 70,000,000 to VND 80,000,000 shall be imposed on project sponsors who accept fictitious volumes.

6. In addition to the punishments prescribed in Clauses 1, 2, 3, 4, and 5 of this Article, project sponsors who violate regulations shall also be ordered to comply with the regulations on acceptance, payment of completed volumes, and final settlement of construction works.

PART II. FORMS AND AMOUNTS OF ADMINISTRATIVE PUNISHMENTS FOR VIOLATIONS COMMON TO CONTRACTORS

Article 17. Punishment for contractors who violate regulations on conditions for construction activities and professional capacity

1. A fine of from VND 5,000,000 to VND 10,000,000 shall be imposed on individuals who commit one of the following acts:

a. Lending or renting out professional certificates;

b. Operating beyond the stipulated professional capacity conditions; operating with incorrect professional certificates; operating without professional certificates.

2. A fine of from VND 30,000,000 to VND 40,000,000 shall be imposed on contractors who commit one of the following acts:

a. Assigning positions to persons without professional certificates or lacking the corresponding capacity conditions for the type and level of construction works, including chief designer of planning design projects; chief specialist designer of planning design projects; chief surveyor; chief designer of construction projects; chief construction project designer; construction site supervisor; chief preparer of project proposals; project management consultant director; construction site commander; chief reviewer of designs; chief reviewer of construction project designs;

b. Operating beyond the stipulated professional capacity conditions.

3. In addition to the punishments prescribed in Clauses 1 and 2 of this Article, organizations and individuals who violate regulations shall also be subject to one or more measures:

a. Being ordered to comply with regulations on conditions for construction activities and professional capacity;

b. Suspension of the right to use professional certificates of individuals who violate regulations for one to three years or indefinitely.

Article 18. Punishment for contractors violating contents in bidding documents and tendering contracts

1. A fine of from twenty million to thirty million Vietnamese dong shall be imposed on contractors who arrange personnel and equipment not in accordance with the winning bid documents and tendering contract contents without the investor's approval.

2. In addition to the punishment form prescribed in Clause 1 of this Article, contractors who violate shall also be compelled to comply with their commitments in the bidding documents, tendering contracts, and construction bidding regulations.

Article 19. Punishment for contractors violating provisions on construction standards and specifications, and using invalid data and materials in construction activities

1. A fine of from ten million to fifteen million Vietnamese dong shall be imposed on contractors who use test results from laboratories that have not been certified or lack required test results.

2. A fine of from fifteen million to twenty million Vietnamese dong shall be imposed on contractors who use data and materials without origin, lacking legal basis, inaccurate, or unsuitable for survey locations.

3. A fine of from fifty million to sixty million Vietnamese dong shall be imposed on contractors who incorrectly apply construction standards and specifications as prescribed.

4. In addition to the punishment forms prescribed in Clauses 1, 2, and 3 of this Article, contractors who violate shall also be compelled to correctly apply construction standards and specifications, data, and materials in construction activities.

Article 20. Punishment for contractors violating provisions on professional liability insurance systems

1. A fine of from ten million to fifteen million Vietnamese dong shall be imposed on contractors who fail to purchase professional liability insurance as prescribed.

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

Article 21. Punishment for contractors violating provisions on project acceptance and payment settlement

1. A fine of from ten million to fifteen million Vietnamese dong shall be imposed on contractors who commit any of the following acts:

a. Failing to organize self-inspection or organizing project inspection in violation of regulations;

b. Failing to prepare related documents, records, drawings in Vietnamese and foreign languages when the investor or contractor is a foreigner.

2. A fine of from fifteen million to twenty million Vietnamese dong shall be imposed on contractors who delay completing documents and materials for inspection, payment settlement, and final accounts as prescribed.

3. A fine of from eighty million to one hundred million Vietnamese dong shall be imposed on contractors who commit any of the following acts:

a. Falsifying inspection results;

b. Handing over projects to owners or users before conducting inspections as prescribed.

4. In addition to the punishment forms prescribed in Clause 1 of this Article, Clause 2, and Clause 3 of this Article, contractors who violate shall also be subject to one or more of the following measures:

a. Compelling the cancellation of inspection, payment settlement, and final account results;

b. Compelling compliance with regulations on project inspection, payment settlement, and final accounts.

SECTION III. FORMS AND AMOUNTS OF ADMINISTRATIVE PENALTIES FOR VIOLATIONS SPECIFIC TO EACH CONTRACTOR

Article 22. Punishment for construction survey contractors violating regulations on construction surveys

1. A fine of VND 20,000,000 to VND 30,000,000 shall be imposed on construction survey contractors committing any of the following acts:

a. Using a laboratory serving the survey that has not been recognized as conforming to standards;

b. Not implementing measures to ensure safety during surveys, traffic safety, and environmental protection (handling chemicals...) in the survey area.

2. A fine of VND 30,000,000 to VND 40,000,000 shall be imposed on construction survey contractors committing any of the following acts:

a. Preparing a survey plan that does not contain all required contents or does not comply with regulations;

b. Conducting a survey without having a survey task or a construction survey plan approved; violating the prescribed survey procedures;

c. Not complying with the approved survey tasks.

3. A fine of VND 80,000,000 to VND 100,000,000 shall be imposed on contractors who report survey documents and data that are not truthful or do not comply with regulations, leading to design adjustments two times or more.

4. In addition to the penalties stipulated in Clause 1, Clause 2, and Clause 3 of this Article, construction survey contractors committing violations shall also be ordered to implement one or more of the following measures:

a. To comply with regulations on quality management in construction surveys;

b. Revoking the right to use the professional practice certificate of the individual who is the head of the construction survey from one year to three years without a fixed term.

Article 23. Punishment for construction planning consultancy contractors violating regulations on the time limit for preparing construction plans

1. A fine of VND 8,000,000 to VND 10,000,000 shall be imposed on contractors who extend the time limit for preparing construction planning tasks beyond the prescribed deadlines from the date of signing the contract:

a. Six months for preparing regional construction planning tasks;

b. Four months for preparing urban general construction planning tasks;

c. Two months for preparing detailed urban construction planning tasks.

2. A fine of VND 15,000,000 to VND 20,000,000 shall be imposed on contractors who extend the time limit for preparing construction planning projects beyond the prescribed deadlines from the date of signing the contract:

a. Eighteen months for preparing regional construction planning projects;

b. Twelve months for preparing urban general construction planning projects;

c. Nine months for preparing detailed urban construction planning projects;

d. Six months for preparing rural settlement construction planning projects.

3. A fine of VND 15,000,000 to VND 20,000,000 shall be imposed on construction planning consultancy contractors who prepare project planning documents and overall site plans for construction projects that do not comply with regulations.

4. In addition to the penalties stipulated in Clause 3 of this Article, they shall also be ordered to comply with regulations on preparing project planning documents for construction and overall site plans for construction projects.

Article 24. Punishment for construction design contractors violating regulations on construction design

1. A fine of VND 8,000,000 to VND 10,000,000 shall be imposed on construction design contractors who prepare construction design documents that do not comply with regulations.

2. A fine of VND 30,000,000 to VND 40,000,000 shall be imposed on construction design contractors who issue construction design documents before obtaining geological investigation results or if they are inconsistent with the prescribed investigation results.

3. A fine of VND 15,000,000 to VND 20,000,000 shall be imposed on construction design contractors committing any of the following acts:

a. Not implementing author supervision according to regulations;

b. Implementing construction supervision contracts for state-funded construction projects designed by themselves;

c. Not participating in the acceptance of construction projects according to the requirements of the project owner;

d. Proceeding to the next design stage when the previous stage has not been approved.

4. A fine of VND 20,000,000 to VND 30,000,000 shall be imposed on construction design contractors who designate manufacturers of construction materials, supplies, and equipment in design documents.

5. A fine of VND 30,000,000 to VND 40,000,000 shall be imposed on construction design contractors committing any of the following acts:

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

b. Not preparing maintenance procedures for projects that must have maintenance procedures according to regulations.

6. In addition to the penalties stipulated in Clause 1, Clause 2, Clause 3, Clause 4, and Clause 5 of this Article, construction design contractors committing violations shall also be subject to one or more of the following measures:

a. To comply with regulations on construction design;

b. Depending on the severity of the violation, their professional practice certificates may also be revoked for the individuals who are the heads or main designers involved in the violation for one to three years or indefinitely.

Article 25. Imposing penalties on contractors, organizations, and individuals involved in construction works that violate regulations on construction order

1. Imposing fines on contractors who construct works contrary to the contents of the construction permit issued by the competent authority after receiving an administrative violation record and ceasing construction work violating construction order:

a. A fine of VND 1,000,000 to VND 2,000,000 shall be imposed in cases of individual house construction in rural areas;

b. A fine of VND 5,000,000 to VND 10,000,000 shall be imposed in cases of individual house construction in urban areas;

c. Imposing a fine from VND 20,000,000 to VND 30,000,000 for constructing other works in rural and urban areas.

2. Imposing fines on contractors who construct works without a construction permit after receiving an administrative violation record and ceasing construction work violating construction order:

a. Imposing a fine from VND 2,000,000 to VND 3,000,000 for constructing individual houses in rural areas.

b. A fine of VND 10,000,000 to VND 15,000,000 shall be imposed in cases of individual house construction in urban areas;

c. Imposing a fine from VND 20,000,000 to VND 30,000,000 for constructing other works in rural and urban areas.

3. Imposing a fine from VND 30,000,000 to VND 40,000,000 on contractors who construct works contrary to the approved design; construct contrary to the detailed construction plan at a scale of 1:500 approved by the competent authority for construction works exempted from construction permits after receiving an administrative violation record and ceasing construction work violating construction order.

4. For violations stipulated in Clause 1, Clause 2, and Clause 3 of this Article, if the contractor continues construction work after receiving a decision to suspend construction work issued by the competent authority, they will be fined from VND 300,000,000 to VND 500,000,000 depending on the severity of the violation and the scale of the violating construction work.

5. Imposing fines on contractors who fail to cover and secure construction materials to prevent them from falling into surrounding areas; store construction materials in unauthorized locations:

a. Imposing a fine from VND 1,000,000 to VND 2,000,000 for constructing individual houses.

b. A fine of VND 5,000,000 to VND 10,000,000 shall be imposed in cases of other construction works.

6. Imposing fines on contractors organizing construction works that violate construction regulations causing subsidence and cracking of adjacent structures:

a. A fine of VND 1,000,000 to VND 2,000,000 shall be imposed in cases of individual house construction in rural areas;

b. A fine of VND 5,000,000 to VND 10,000,000 shall be imposed in cases of individual house construction in urban areas;

c. A fine of VND 20,000,000 to VND 30,000,000 shall be imposed in cases of other construction works.

7. Imposing fines on contractors organizing construction works that violate quality management regulations causing collapse of adjacent structures:

a. Imposing a fine from VND 5,000,000 to VND 10,000,000 for constructing individual houses in rural areas.

b. A fine of VND 15,000,000 to VND 20,000,000 shall be imposed in cases of individual house construction in urban areas;

c. Imposing a fine from VND 30,000,000 to VND 40,000,000 for constructing other works.

8. In addition to the penalties prescribed in Clause 1, Clause 2, Clause 3, Clause 4, Clause 5, Clause 6, and Clause 7 of this Article, contractors who violate regulations will also be ordered to remedy the consequences and be subject to the provisions of Articles 12, 13, 14, and 15 of Decree No. 180/2007/NĐ-CP.

Article 26. Imposing penalties on contractors involved in construction works that violate regulations on safety during construction.

1. Imposing a fine from VND 20,000,000 to VND 30,000,000 on contractors who commit any of the following acts:

a. Failing to provide sufficient personal protective equipment for workers on construction sites; implementing technical measures and organizing construction without ensuring labor safety.

b. Failing to have safety warning signs; failing to have covering and shielding equipment.

c. Failing to purchase insurance as required.

2. Imposing a fine from VND 30,000,000 to VND 40,000,000 on contractors who violate regulations on demolishing construction works.

3. In addition to the penalties prescribed in Clause 1 and Clause 2 of this Article, contractors who violate regulations must comply with construction work regulations and regulations on demolishing construction works.

Article 27. Imposing penalties on construction contractors for violating regulations on construction project quality management

1. Imposing a fine:

a. A fine of VND 10,000,000 to VND 15,000,000 shall be imposed on construction contractors who fail to inspect building materials or building components as prescribed or use inspection results from laboratories that have not been accredited.

b. A fine of VND 15,000,000 to VND 20,000,000 shall be imposed on construction contractors who commit any of the following acts: failing to prepare completion drawings as prescribed or preparing completion drawings that do not accurately reflect actual construction; failing to maintain construction diaries as prescribed; failing to prepare and retain quality management documentation as prescribed; violating warranty regulations.

c. A fine of VND 10,000,000 to VND 20,000,000 shall be imposed on construction contractors who use building materials, building components, or technological equipment without certificates of origin or certification of compliance with quality standards as prescribed.

d. A fine of VND 80,000,000 to VND 100,000,000 shall be imposed on construction contractors who fail to establish a quality management system or organize construction supervision as prescribed.

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

Article 28. Imposing penalties on construction supervision contractors for violating regulations on construction supervision

1. A fine of VND 20,000,000 to VND 30,000,000 shall be imposed on construction supervision contractors who fail to perform construction supervision tasks in accordance with signed contracts or enter into contracts with construction contractors to conduct inspections of construction projects they supervise.

2. A fine of VND 40,000,000 to VND 50,000,000 shall be imposed on construction supervision contractors who falsify supervision results.

3. In addition to the penalties stipulated in Clauses 1 and 2 of this Article, construction supervision contractors who violate regulations shall also be compelled to comply with construction supervision regulations and fulfill their signed contracts.

Article 29. Penalties for violations by contractors, organizations, and other individuals

1. A fine of VND 30,000,000 to VND 40,000,000 shall be imposed on organizations conducting construction project quality inspections who commit any of the following acts:

a. Conducting quality inspections without meeting the prescribed capacity conditions;

b. Issuing certificates of structural safety and quality compliance without following the prescribed procedures.

2. A fine of VND 30,000,000 to VND 40,000,000 shall be imposed on laboratories that commit any of the following acts:

a. Conducting tests without meeting the prescribed capacity conditions;

b. Performing tests and providing test results not in accordance with regulations;

c. Failing to retain test records, sample receipt forms, and test result forms as prescribed.

3. A fine of VND 30,000,000 to VND 40,000,000 shall be imposed on organizations conducting technical reviews who commit any of the following acts:

a. Conducting reviews without meeting the prescribed capacity conditions;

b. Conducting reviews not in accordance with regulations;

c. Reporting inaccurate review results.

4. A fine of VND 20,000,000 to VND 30,000,000 shall be imposed on organizations and individuals supplying electricity and water, or nearby households, who fail to disconnect power and water supply to construction projects violating construction order when ordered to stop work by authorized authorities.

5. A fine shall be imposed:

a. A fine of VND 30,000,000 to VND 40,000,000 shall be imposed on organizations and individuals organizing training and issuing Certificates of Continuing Education in Construction Project Supervision, or Certificates of Completion of Training Courses in Construction Project Valuation, not in accordance with regulations;

b. A fine of VND 50,000,000 to VND 60,000,000 shall be imposed on organizations and individuals organizing training and issuing Certificates of Continuing Education in Construction Project Supervision, or Certificates of Completion of Training Courses in Construction Project Valuation, without permission from the Ministry of Construction.

6. In addition to the penalties stipulated in Clauses 1, 2, 3, 4, and 5 of this Article, organizations and individuals committing violations shall also be subject to one or more of the following measures:

a. Being ordered to comply with regulations on conditions for construction activities and professional capacity;

b. Not recognizing training outcomes;

c. Revoking the training license of the organization committing the violation for one to three years or indefinitely;

d. Revoking the decision to recognize the laboratory.

PART IV. FORMS AND AMOUNTS OF ADMINISTRATIVE PENALTIES FOR VIOLATIONS IN THE SELECTION OF CONSTRUCTION CONTRACTORS

Article 30. Administrative penalties for violations by organizations and individuals in the selection of construction contractors

Organizations and individuals who violate regulations in the selection of construction contractors shall be subject to administrative penalties as prescribed in Articles 65 and 66 of Decree No. 58/2008/ND-CP dated May 5, 2008 of the Government guiding the implementation of the Law on Bidding and the selection of construction contractors under the Construction Law.

Chapter III

FORMS AND AMOUNTS OF ADMINISTRATIVE PENALTIES FOR VIOLATIONS IN THE REAL ESTATE BUSINESS ACTIVITY FIELD

Article 31. Administrative penalties for organizations and individuals violating regulations on real estate business activities

1. A fine of from VND 50,000,000 to VND 60,000,000 shall be imposed on organizations and individuals committing one of the following acts:

a. Selling, leasing, or leasing with an option to buy real estate that must go through a Real Estate Trading Floor but does not go through such a floor as required;

b. Selling, leasing, or leasing with an option to buy real estate at a Real Estate Trading Floor not in accordance with the prescribed procedures and formalities;

c. Not confirming or incorrectly confirming real estate that has gone through a Real Estate Trading Floor as required.

2. A fine of from VND 60,000,000 to VND 70,000,000 shall be imposed on organizations and individuals committing one of the following acts:

a. Operating real estate that does not meet the conditions or is not permitted to be put into operation according to regulations;

b. Violating regulations on capital mobilization in investment projects for housing development, new urban areas, and industrial infrastructure;

c. Violating regulations on the transfer of projects for housing development, new urban areas, and industrial infrastructure.

3. In addition to the forms of administrative penalties prescribed in Clauses 1 and 2 of this Article, organizations and individuals committing violations shall also be ordered to comply with the regulations on conditions for operating real estate, procedures for selling, leasing, leasing with an option to buy, confirming real estate through a Real Estate Trading Floor, and capital mobilization and project transfers. For repeated offenses as stipulated in point b Clause 1 and Clause 2 of this Article, the right to use the business registration certificate shall be revoked for one to three years or indefinitely.

Article 32. Administrative penalties for organizations and individuals violating regulations on the establishment and operation of real estate trading floors

1. A fine of from VND 50,000,000 to VND 60,000,000 shall be imposed on organizations and individuals committing one of the following acts:

a. Violating regulations on the establishment of Real Estate Trading Floors;

b. Violating regulations on the operation of Real Estate Trading Floors;

2. In addition to the forms of administrative penalties prescribed in Clause 1 of this Article, organizations and individuals committing violations shall also be ordered to comply with regulations on the establishment and operation of Real Estate Trading Floors. If damage is caused, compensation shall be provided according to regulations. In cases of repeated offenses, the right to use the Business Registration Certificate shall be revoked for one to three years or indefinitely.

Article 33. Administrative penalties for organizations and individuals violating regulations on training knowledge for real estate brokers, appraisers, and management and operation of Real Estate Trading Floors

1. A fine of from VND 30,000,000 to VND 40,000,000 shall be imposed on organizations conducting training on brokerage, appraisal, management, and operation of Real Estate Trading Floors that do not comply with regulations.

2. A fine of from VND 50,000,000 to VND 60,000,000 shall be imposed on organizations conducting training on brokerage, appraisal, management, and operation of Real Estate Trading Floors without permission from the Ministry of Construction to conduct such training.

3. In addition to the forms of administrative penalties prescribed in Clauses 1 and 2 of this Article, organizations committing violations shall have their training permits revoked for one to three years or indefinitely; the results of training shall not be recognized, and individuals participating in training at organizations committing violations shall have their certificates or licenses revoked.

Article 34. Imposing penalties on organizations and individuals engaging in violations concerning real estate brokerage, valuation, and management and operation of real estate trading floors

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 independently in real estate brokerage and valuation without a valid practice certificate as prescribed; managing and operating a real estate trading floor without a Certificate of Completion for training courses on management and operation of real estate trading floors;

b. Altering, repairing, lending, renting, or borrowing real estate brokerage and valuation practice certificates or management and operation certificates of real estate trading floors;

c. Violating principles of real estate brokerage operations.

2. Imposing a fine of from VND 30,000,000 to VND 40,000,000 on real estate service business organizations employing real estate brokers and valuers without valid practice certificates as prescribed.

3. Imposing a fine of from VND 60,000,000 to VND 70,000,000 on real estate service business organizations committing any of the following acts:

a. Violating principles of real estate brokerage operations;

b. Not having the required number of individuals with real estate brokerage and valuation certificates as prescribed.

4. In addition to the penalties stipulated in Clause 1, Clause 2, and Clause 3 of this Article, individuals committing violations shall also have their real estate brokerage and valuation practice certificates and management and operation certificates of real estate trading floors revoked for a period of one to three years or indefinitely.

Chapter IV

FORMS AND LEVELS OF PENALTIES FOR VIOLATIONS OF ADMINISTRATIVE LAW IN THE FIELD OF EXPLOITATION, PRODUCTION, AND BUSINESS OF CONSTRUCTION MATERIALS

Article 35. Imposing penalties on organizations and individuals engaging in violations concerning the exploitation of construction materials

Organizations and individuals violating regulations on the exploitation of construction materials, in addition to being penalized according to Clause 3, Article 1 of Decree No. 77/2007/NĐ-CP dated May 10, 2007 of the Government amending and supplementing certain articles of Decree No. 150/2004/NĐ-CP dated July 29, 2004 of the Government on administrative penalties in the field of minerals, shall be subject to the following penalties:

1. Imposing a fine of from VND 20,000,000 to VND 30,000,000 on organizations and individuals committing any of the following acts:

a. Failing to comply fully with legal provisions on the preparation, review, and approval of quarry design plans;

b. Assigning a person who does not meet the prescribed standards for professional qualifications and managerial capacity to serve as the mine's General Manager.

2. Imposing a fine of from VND 30,000,000 to VND 40,000,000 on organizations and individuals organizing quarry operations that do not conform to safety standards and norms for quarrying construction materials.

3. In addition to the penalties stipulated in Clause 1 and Clause 2 of this Article, organizations and individuals committing violations shall also be subject to supplementary penalties and one of the following measures:

a. Revoking the Quarry Exploitation Permit for a period of one to three years or indefinitely;

b. Compelling compliance with labor safety regulations during the exploitation and production of construction materials;

c. Compelling compliance with legal provisions on the preparation, review, and approval of quarry design plans; and professional qualifications and managerial capacity requirements for mines as prescribed.

Article 36. Penalty for organizations and individuals violating regulations on conditions for trading construction materials

1. A fine of from VND 2,000,000 to VND 5,000,000 shall be imposed on organizations and individuals committing one of the following acts:

a. Setting up a trading location that does not comply with local authorities' regulations;

b. Not having a sign clearly indicating the name of the store, business enterprise, cooperative organization, or individual trader;

c. Goods lacking origin information, quality registration for consumer guidance, and public sale prices;

d. Not having sufficient firefighting equipment and safety signs at locations selling flammable construction materials such as timber, bamboo, reeds, plastic materials, oil-based paints, rice straw, pressed boards;

đ. Not having adequate barriers ensuring safety for people at locations selling construction materials with toxic chemical odors and causing dust: oil-based paints, pressed boards, tar, quicklime, lump lime;

e. Not having protective barriers and warning signs in areas of lime pits or lime tanks.

2. A fine of from VND 40,000,000 to VND 50,000,000 shall be imposed on organizations and individuals producing or trading construction materials without quality standards or failing to meet published quality standards; trading imported construction materials without origin information.

3. In addition to the penalties prescribed in Clause 1 and Clause 2 of this Article, households, individuals, and organizations committing violations shall also be subject to one or more of the following measures:

a. Compelling compliance with legal provisions governing the trading of construction materials;

b. Revoking the construction material trading license for one to three years or indefinitely.

Chapter V

FORMS AND LEVELS OF ADMINISTRATIVE PENALTIES FOR VIOLATIONS IN THE MANAGEMENT OF INFRASTRUCTURE ENGINEERING WORKS

Article 37. Penalty for violations of regulations protecting the safe area around underground water wells serving domestic water supply

1. A fine of from VND 500,000 to VND 1,000,000 shall be imposed on one of the following acts: dumping waste; raising livestock; planting crops or vegetables in the safe area around underground water wells.

2. A fine of from VND 2,000,000 to VND 5,000,000 shall be imposed on one of the following acts: digging garbage pits, manure pits, lime pits; burying livestock or hazardous substances in the safe area around underground water wells.

3. A fine of from VND 20,000,000 to VND 30,000,000 shall be imposed on organizations and individuals violating regulations protecting the safe area around underground water wells.

4. In addition to the penalties prescribed in Clause 1, Clause 2, and Clause 3 of this Article, organizations and individuals committing violations shall also be compelled to take remedial measures to address environmental pollution caused by administrative violations.

Article 38. Penalty for violations of regulations protecting the safe area around surface water sources serving domestic water supply

1. A fine of from VND 5,000,000 to VND 10,000,000 shall be imposed on one of the following acts: bathing, washing clothes; raising or grazing livestock; discharging waste, animal carcasses, or plant matter in the safe area around surface water sources.

2. A fine of from VND 20,000,000 to VND 30,000,000 shall be imposed on organizations and individuals discharging wastewater exceeding prescribed standards, oil, or toxic chemicals into the safe area around surface water sources.

3. A fine of from VND 30,000,000 to VND 50,000,000 shall be imposed on organizations and individuals constructing various types of structures along the shore, on the water surface, or under the water surface in the safe area around surface water sources.

4. In addition to the penalties prescribed in Clause 1, Clause 2, and Clause 3 of this Article, organizations and individuals committing violations shall also be subject to one or more of the following measures:

a. Seizing objects and means used to commit administrative violations;

b. Compelling remediation of environmental pollution caused by violations;

c. Violations stipulated in Clause 4 of this Article shall also be handled according to Article 12 of Decree No. 180/2007/NĐ-CP.

Article 39. Penalty for Violations of Regulations on Protecting Safety Zones of Raw Water Pipelines and Clean Water Transmission Pipelines

1. A fine of VND 500,000 to VND 1,000,000 shall be imposed on any person who disposes of garbage, wastewater, soil, rocks, or construction materials within the safety zone of raw water pipelines or clean water transmission pipelines.

2. A fine of VND 15,000,000 to VND 20,000,000 shall be imposed on organizations or individuals who dig up or extract soil and rocks within the safety zone of raw water pipelines or clean water transmission pipelines; encroach upon the safety zone of raw water pipelines or clean water transmission pipelines.

3. A fine of VND 60,000,000 to VND 70,000,000 shall be imposed on organizations or individuals who arbitrarily drill holes in raw water pipelines or clean water transmission pipelines.

4. In addition to the penalties prescribed in Clause 1, Clause 2, and Clause 3 of this Article, organizations or individuals committing violations shall also be subject to supplementary penalties and one or more measures may be applied:

a. Seizing objects and means used to commit administrative violations;

b. Compel the remediation of environmental pollution caused by administrative violations;

c. Compel compliance with regulations on protecting the safety of raw water pipelines and clean water transmission pipelines;

d. Compel restoration to the original state altered by the violation.

Article 40. Penalty for Violations of Regulations on Protecting the Safety of Technical Facilities Belonging to the Water Supply System

1. A fine of VND 500,000 to VND 1,000,000 shall be imposed on organizations or individuals who commit any of the following violations in the safety zones of facilities belonging to the water supply system:

a. Disposing of feces, garbage, or defecating;

b. Raising livestock; planting crops, vegetables, flowers;

c. Violating regulations on safety and protection of the safety zones of water towers, reservoirs, and other technical facilities belonging to the water supply system.

2. In addition to the penalty form prescribed in Clause 1 of this Article, organizations or individuals committing violations shall also be subject to supplementary penalties and one or more measures may be applied:

a. Compel the implementation of measures to remediate environmental pollution caused by administrative violations;

b. Compel compliance with regulations on protecting the safety of technical facilities belonging to the water supply system.

Article 41. Penalty for Violations of Regulations on Protecting and Using the Water Supply Network

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

a. Using water before the water meter;

b. Tampering with the water meter;

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

d. Removing seals or lead seals from water measuring equipment without complying with regulations.

2. A fine of VND 5,000,000 to VND 10,000,000 shall be imposed on organizations and individuals committing any of the following acts:

a. Damaging water supply pipelines or technical equipment in the water supply network;

b. Arbitrarily connecting water supply pipelines; changing the diameter of water supply pipelines without complying with regulations;

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

d. Using water from the water supply network or fire hydrants for purposes other than those specified.

3. A fine of VND 20,000,000 to VND 30,000,000 shall be imposed on organizations or individuals who commit any of the following acts:

a. Providing clean water for domestic use that does not meet quality standards;

b. Water supply organizations failing to provide water according to the water supply contracts signed with households.

4. In addition to the penalties prescribed in Clause 1, Clause 2, and Clause 3 of this Article, organizations or individuals committing violations shall also be subject to supplementary penalties and one or more measures may be applied:

a. Compel restoration to the original state altered by administrative violations;

b. Compel compliance with regulations on protecting the safety and using the water supply network; relevant standards and regulations concerning water quality; compel compliance with signed water supply contracts.

Article 42. Penalty for violations concerning the exploitation and use of drainage systems

1. A fine of VND 500,000 to VND 1,000,000 shall be imposed on any of the following acts: planting trees, growing vegetables, water hyacinth, or other acts that obstruct the flow of the drainage system.

2. A fine of VND 2,000,000 to VND 5,000,000 shall be imposed on organizations and individuals committing any of the following acts: dumping soil, rocks, materials, or waste into rivers, lakes, canals, ditches, manholes, sewers, or drains, thereby obstructing the flow.

3. A fine of from VND 5,000,000 to VND 10,000,000 shall be imposed on organizations and individuals committing one of the following acts:

a. Discharging harmful substances into public drainage systems;

b. Violating regulations on the protection of safety of drainage systems.

4. A fine of VND 5,000,000 to VND 10,000,000 shall be imposed on organizations and individuals committing any of the following acts:

a. Connecting to the drainage network without authorization;

b. Filling up canals, ditches, ponds, or lakes for drainage purposes contrary to regulations;

c. Moving underground pipes or manholes of the drainage system without authorization;

d. Constructing various types of structures along the banks, on the surface, or under the surface within the protected area of the drainage system contrary to regulations.

5. In addition to the penalties prescribed in Clause 1, Clause 2, Clause 3, and Clause 4 of this Article, organizations and individuals who violate these provisions shall also be subject to supplementary penalties and may be subjected to one or more of the following measures:

a. Compelled to restore the initial state altered due to administrative violations;

b. Compelled to compensate for losses caused by administrative violations;

c. The violation at point d of Clause 4 of this Article shall also be handled according to Article 12 of Decree No. 180/2007/NĐ-CP.

Article 43. Penalty for violations concerning construction, management, and use of cemeteries

1. A fine of VND 500,000 to VND 2,000,000 shall be imposed on organizations and individuals constructing graves, tombstones, and other facilities in cemeteries not in accordance with regulations.

2. A fine of VND 2,000,000 to VND 5,000,000 shall be imposed on organizations and individuals committing any of the following acts:

a. Burial of deceased persons in cemeteries that have been closed according to regulations;

b. Failure to relocate graves in accordance with cemetery construction plans or urban development projects approved by competent authorities;

c. Relocating graves in cemeteries without permission from cemetery management agencies.

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

a. Damaging tombstones or graves in cemeteries;

b. Destroying public facilities in cemeteries;

c. Establishing fake tombs or fake cemeteries.

Article 44. Penalty for violations concerning the protection of greenery, parks, and flower gardens

1. A fine of from VND 500,000 to VND 1,000,000 shall be imposed on any of the following acts:

a. Drilling, hammering nails into greenery; arbitrarily picking flowers, cutting branches of trees; littering improperly or engaging in other acts that damage greenery, flower gardens, and grasslands;

b. Building platforms around tree roots on streets, parks, and other public places contrary to regulations;

c. Stringing wires, hanging decorative lights, advertising signs, and other objects on trees in public places, streets, and parks contrary to regulations;

d. Grazing livestock in parks and flower gardens.

2. A fine of VND 10,000,000 to VND 15,000,000 shall be imposed on organizations and individuals committing any of the following acts:

a. Arbitrarily felling or relocating greenery;

b. Dumping harmful substances or construction materials at the base of trees in urban areas;

c. Planting trees on sidewalks, median strips, streets, and traffic intersections contrary to regulations;

d. Planting prohibited or restricted species of trees without approval from competent authorities;

đ. Using facilities in parks for purposes other than intended;

e. Damaging cultural, service, and public facilities in parks and flower gardens;

3. In addition to the penalties prescribed in Clause 1 and Clause 2 of this Article, organizations and individuals who violate these provisions shall also be subject to supplementary penalties and may be subjected to one or more of the following measures:

a. Compelled to restore the initial state altered;

b. Compelled to comply with regulations on the protection and use of facilities in parks and the management of urban greenery.

Article 45. Imposing administrative fines for violations of regulations on management, exploitation, and use of sidewalks and roads

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

a. Installing, constructing platforms, steps, or staircases encroaching upon sidewalks and roads;

b. Leaving construction equipment on sidewalks and roads in violation of regulations;

c. Discharging construction wastewater from construction sites onto sidewalks and roads.

2. A fine of VND 20,000,000 to VND 30,000,000 shall be imposed on organizations and individuals committing any of the following acts:

a. Using sidewalks and roads for market meetings, food service operations, displaying goods, selling building materials, repairing or washing cars and motorcycles;

b. Organizing bicycle, motorcycle, car, and other motor vehicle parking on sidewalks and streets without permission and without a permit;

c. Posting or hanging advertisements or decorations in violation of regulations;

d. Unauthorized branching off or illegal connection to main roads;

đ. Failing to complete road surfaces according to technical standards or exceeding the prescribed time limit;

3. In addition to the penalties stipulated in Clause 1 and Clause 2 of this Article, organizations and individuals committing violations shall also be subject to one or more of the following measures:

a. Compelling restoration to the original state altered by administrative violations;

b. Compelling compliance with regulations on the management, exploitation, and use of sidewalks and urban roads.

Article 46. Imposing administrative fines for violations of regulations on garbage collection, transportation, and disposal

1. A fine of VND 100,000 to VND 300,000 shall be imposed on individuals and households disposing of garbage in unauthorized locations.

2. A fine of VND 5,000,000 to VND 10,000,000 shall be imposed on organizations and individuals causing spillage of waste during collection and transportation.

3. A fine of VND 10,000,000 to VND 15,000,000 shall be imposed on organizations and individuals transporting and disposing of garbage in violation of regulations.

4. In addition to the penalties stipulated in Clause 1, Clause 2, and Clause 3 of this Article, organizations and individuals committing violations shall also be subject to one or more of the following measures:

a. Compelling remediation of environmental pollution caused by administrative violations or compelling restoration to the original state altered by administrative violations;

b. Compelling compliance with regulations on safety and environmental protection.

Article 47. Imposing administrative fines for violations of regulations on the protection and use of public lighting systems

1. A fine of VND 500,000 to VND 1,000,000 shall be imposed on the act of decorating, posting advertisements, or attaching other items to lampposts without permission or in violation of regulations even when permission has been granted.

2. A fine of VND 5,000,000 to VND 10,000,000 shall be imposed on organizations and individuals committing any of the following acts:

a. Damaging public lighting equipment and systems;

b. Illegally moving or using public lighting system equipment in violation of regulations.

3. In addition to the penalties stipulated in Clause 1 and Clause 2 of this Article, organizations and individuals committing violations shall also be subject to supplementary penalties and one or more of the following measures:

a. Confiscation of objects and means used for administrative violations.

b. Compelling restoration to the original state altered by administrative violations.

Article 48. Imposing administrative fines for violations of regulations on the protection and use of underground pipeline and technical trench systems; exploitation and use of underground works

1. A fine of VND 500,000 to VND 1,000,000 shall be imposed on any of the following acts: disposing of garbage or discharging wastewater in violation of regulations in underground tunnels.

2. A fine of VND 5,000,000 to VND 10,000,000 shall be imposed on organizations and individuals committing any of the following acts:

a. Connecting underground cables or pipelines without permission.

b. Using underground pipeline and technical trench systems without a permit or for unauthorized purposes;擅自移动或翻译不当，我将提供正确的翻译：

c. Engaging in trade, setting up tents, stalls occupying illegal areas within vehicular tunnels and pedestrian tunnels.

3. In addition to the forms of punishment prescribed in Clause 1 and Clause 2 of this Article, organizations and individuals committing administrative violations shall also be subject to one or more of the following measures:

a. Compelling restoration to the original state altered by administrative violations;

b. Compensating for losses caused by administrative violations.

Article 49. Imposing penalties on organizations and individuals entrusted with managing, operating, and exploiting infrastructure technical works for violations of regulations on managing, operating, and exploiting such works.

1. A fine of from VND 5,000,000 to VND 10,000,000 shall be imposed on organizations entrusted with management that fail to take protective measures, install warning signs, or issue regulations on protecting the safety of infrastructure technical works.

2. A fine of from VND 15,000,000 to VND 20,000,000 shall be imposed on organizations that fail to maintain, repair, and service infrastructure technical works as prescribed.

3. In addition to the penalty forms stipulated in Clause 1 and Clause 2 of this Article, organizations and individuals committing violations shall also be compelled to comply with regulations on managing, operating, and exploiting infrastructure technical works.

Chapter VI

FORMS AND LEVELS OF ADMINISTRATIVE PENALTIES FOR VIOLATIONS IN THE MANAGEMENT AND DEVELOPMENT OF HOUSING AND OFFICE BUILDINGS

Article 50. Imposing penalties on project sponsors for violations of regulations on housing development.

1. A fine of VND 10,000,000 to VND 15,000,000 shall be imposed on project investors committing any of the following acts:

a. Failing to publicly disclose information about housing projects or disclosing incomplete or inaccurate information about housing projects as prescribed.

b. Failing to report the implementation status of housing projects to the competent authority as prescribed.

c. Improperly classifying apartment buildings according to regulations.

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

a. Failing to allocate land within housing development projects for commercial housing to build social housing as prescribed.

b. Failing to construct social infrastructure and technical infrastructure synchronously according to approved projects.

c. Failing to lease or sell social housing to eligible recipients as prescribed.

3. In addition to the penalty forms stipulated in Clauses 1 and 2 of this Article, project sponsors committing violations shall also be compelled to comply with regulations on housing development.

Article 51. Imposing penalties on organizations and individuals for violations of regulations on issuing Certificates of House Ownership Rights.

1. A fine of from VND 5,000,000 to VND 10,000,000 shall be imposed on organizations and individuals who arbitrarily erase, alter, or modify Certificates of House Ownership Rights issued by authorized agencies.

2. In addition to the penalty form stipulated in Clause 1 of this Article, organizations and individuals committing violations shall also be compelled to reapply for Certificates of House Ownership Rights, and if damage is caused, they must compensate according to regulations.

Article 52. Imposing penalties on owners and users of houses for violations of regulations on house management.

1. A fine of from VND 500,000 to VND 2,000,000 shall be imposed on organizations and individuals who advertise, write, or paint outside houses contrary to regulations.

2. A fine of from VND 5,000,000 to VND 10,000,000 shall be imposed on organizations and individuals who violate any of the following acts concerning the management and use of apartment buildings:

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

b. Raising livestock or poultry in common ownership or common use areas.

c. Misusing maintenance or operation funds or common maintenance funds for apartment buildings contrary to regulations.

3. A fine of from VND 15,000,000 to VND 20,000,000 shall be imposed on organizations and individuals who commit any of the following acts concerning the management and use of apartment buildings:

a. Operating restaurants, karaoke bars, dance clubs.

b. Repairing motorcycles, selling livestock, slaughtering livestock.

c. Raising livestock or poultry in private ownership or use areas affecting public order, aesthetics, and living environment of other households.

d. Using colors to paint or decorate the exterior of apartments or apartment buildings contrary to regulations.

đ. Using or allowing others to use private ownership or common use areas for purposes not prescribed.

e. Arbitrarily expanding, occupying space, damaging assets belonging to common ownership or common use areas in any form; drilling, altering, dismantling the structure of common ownership, private ownership, or common use areas; changing load-bearing parts, technical infrastructure systems, shared equipment, or exterior architecture of apartment buildings.

g. Dividing or changing the purpose of use of common ownership or common use areas contrary to regulations.

h. Operating gas stations, explosive materials, or flammable materials.

4. A fine of from VND 20,000,000 to VND 30,000,000 shall be imposed on organizations and individuals who commit any of the following acts concerning house management:

a. Occupying houses, surrounding spaces, or using houses for purposes not prescribed.

b. Failing to demolish houses as prescribed or failing to comply with decisions on house demolition.

5. In addition to the penalty forms stipulated in Clauses 1, 2, 3, and 4 of this Article, organizations and individuals committing violations shall also be compelled to restore the original condition and comply with regulations on house management and use.

6. Violations stipulated in Point e Clause 3 and Point a Clause 4 of this Article shall also be handled according to Article 12 of Decree No. 180/2007/NĐ-CP.

Article 53. Imposing penalties on organizations and individuals for violations related to housing transactions

1. A fine of VND 500,000 to VND 2,000,000 shall be imposed on organizations and individuals committing any of the following acts:

a. Lending, authorizing management, or renting housing without establishing a contract as prescribed;

b. Renting housing for six months or more or authorizing management of housing without having the contract notarized as prescribed;

2. A fine of VND 5,000,000 to VND 10,000,000 shall be imposed on organizations and individuals who establish fictitious housing transaction contracts.

3. A fine of VND 15,000,000 to VND 20,000,000 shall be imposed on tenants of state-owned housing who transfer, convert, sublet, or lend housing without the consent of the housing management authority.

4. A fine of VND 20,000,000 to VND 30,000,000 shall be imposed on users of state-owned housing who expand, repair, or renovate housing without the consent of the housing management authority.

5. A fine of VND 30,000,000 to VND 40,000,000 shall be imposed on foreign organizations and individuals, Vietnamese citizens residing abroad, committing any of the following acts:

a. Owning housing in Vietnam contrary to the prescribed objects, conditions, and quantities;

b. Violating any of the prohibited cases as prescribed.

6. In addition to the penalties stipulated in Clauses 1, 2, 3, 4, and 5 of this Article, organizations and individuals committing violations shall also be ordered to restore the original status and comply with the regulations on housing management and transactions.

Article 54. Imposing penalties on organizations and individuals for violations related to public office housing management and use

1. A fine of VND 5,000,000 to VND 10,000,000 shall be imposed on organizations and individuals advertising commercial products at public offices.

2. A fine of VND 20,000,000 to VND 30,000,000 shall be imposed on organizations and individuals committing any of the following violations of public office housing management regulations:

a. Illegally occupying public offices;

b. Failing to maintain public offices as prescribed;

c. Using public offices for purposes other than those intended.

3. In addition to the penalties stipulated in Clause 1 and Clause 2 of this Article, organizations and individuals committing violations shall also be subject to one or more of the following measures:

a. Compelling restoration to the original state altered by administrative violations;

b. Ordered to comply with the regulations on public office housing management and use;

c. The act of illegally occupying to construct in violation of point a, Clause 2 of this Article shall also be handled according to Article 12 of Decree No. 180/2007/NĐ-CP.

Chapter VII

AUTHORITY AND PROCEDURES FOR IMPOSING PENALTIES FOR ADMINISTRATIVE VIOLATIONS

PART I. AUTHORITY TO IMPOSE ADMINISTRATIVE PENALTIES FOR VIOLATIONS

Article 55. Principles for Determining Authority to Impose Administrative Penalties

1. Individuals authorized under Articles 56, 57, 58, 59, 60, and 61 of this Decree may only impose administrative penalties within their jurisdiction; if the violation exceeds their jurisdiction, they must prepare a record and submit it to the competent authority to issue a penalty decision.

2. After deciding to revoke the Construction Permit, certificate, or license, individuals authorized under this Decree must notify in writing or send the administrative penalty decision to the Construction Ministry Inspectorate for publication on the Construction Ministry's website.

3. For administrative violations within the jurisdiction of multiple agencies, the agency that discovers the violation first shall proceed to impose penalties in accordance with the principles stipulated in the Administrative Violation Handling Ordinance.

Article 56. Authority to impose administrative penalties of construction inspection officers

1. Fine up to VND 500,000.

2. Confiscate objects and means used for committing administrative violations with a value up to VND 2,000,000.

3. Application of measures to remedy consequences:

a. Compelled to restore the initial state altered due to administrative violations;

b. Order the implementation of measures to remedy environmental pollution caused by administrative violations;

c. Order organizations and individuals who commit violations to comply with the provisions of the law.

Article 57. Authority to impose administrative penalties of the Head of Construction Department Inspection

1. Fine up to VND 30,000,000.

2. Revoke the right to use construction permits, certificates, and practice certificates within the authority of district and provincial levels.

3. Confiscation of items and means used in administrative violations.

4. Issue decisions on administrative penalties in cases where the Chairman of the People's Committee at the district level fails to issue a decision on administrative penalties as prescribed.

5. Applying measures to remedy consequences:

a. Compelled to restore the initial state altered due to administrative violations;

b. Order the implementation of measures to remedy environmental pollution and the spread of diseases caused by administrative violations;

c. Order organizations and individuals who commit violations to comply with the provisions of the law.

Article 58. Authority to impose administrative penalties of the Head of Construction Ministry Inspection

1. Fine up to VND 500,000,000.

2. Revoke the right to use construction permits, certificates, and practice certificates.

3. Confiscation of items and means used in administrative violations.

4. Issue decisions on administrative penalties in cases where the Chairman of the People's Committee at the provincial level fails to issue a decision on administrative penalties as prescribed.

5. Order organizations and individuals who commit violations to comply with the provisions of the law.

Article 59. Authority to impose administrative penalties of the Chairman of the People's Committee at the commune level

1. Fine up to VND 2,000,000;

2. Application of supplementary administrative penalties:

Confiscate objects and means used for committing administrative violations with a value up to VND 2,000,000.

3. Application of measures to remedy consequences:

a. Compelled to restore the initial state altered due to administrative violations;

b. Order the remediation of environmental pollution caused by administrative violations.

c. Temporarily detain objects and means used for committing administrative violations.

d. Order organizations and individuals who commit violations to comply with the provisions of the law.

Article 60. Authority to impose administrative penalties of the Chairman of the People's Committee at the district level

1. Fine up to VND 30,000,000;

2. Confiscate objects and means used for committing administrative violations.

3. Application of measures to remedy consequences:

a. Compel restoration to the original state altered by administrative violations;

b. Order the remediation of environmental pollution caused by administrative violations.

c. Order organizations and individuals who commit violations to comply with the provisions of the law.

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

Article 61. Authority to impose administrative penalties of the Chairman of the People's Committee at the provincial level

1. Fine up to VND 500,000,000;

2. Application of supplementary administrative penalties:

a. Seizing objects and means used to commit administrative violations;

b. Revoke the right to use construction permits; certificates, and practice certificates.

3. Application of measures to remedy consequences:

a. Compelled to restore the initial state altered due to administrative violations;

b. Order the remediation of environmental pollution caused by administrative violations.

c. Order organizations and individuals who commit violations to comply with the provisions of the law.

PART II. PROCEDURES FOR IMPOSING ADMINISTRATIVE PENALTIES

Article 62. Recording Violations

1. When discovering administrative violations within their management domain, authorized personnel must promptly record them. In cases where the recorded violation does not fall under the authority to impose penalties of the recorder, the record must be immediately transferred to the authorized person imposing penalties to proceed with the penalty.

2. The record must be made in at least two copies: one copy given to the organization or individual committing the violation, and one copy retained for the penalty file; if the violation exceeds the authority to impose penalties, the case file must be transferred to the competent authority to impose penalties.

The record is made according to Model No. 01 issued together with this Decree.

3. For violations of construction order, the record is made according to Model No. 02 issued together with this Decree. This model replaces Appendix I issued together with Decree No. 180/2007/NĐ-CP.

Article 63. Time Limit for Issuing Penalty Decisions, Payment and Collection of Fines

1. The time limit for issuing a penalty decision is 10 days from the date of recording the administrative violation. For cases with many complex circumstances, the time limit for issuing a penalty decision shall not exceed 30 days. The penalty decision 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 penalty decision.

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.

Administrative penalty decisions are made according to Model No. 03 issued together with this Decree.

Article 64. Enforcement of Administrative Sanction Decisions

1. Organizations and individuals subject to administrative sanction decisions must enforce such decisions within ten days from the date they receive the decision.

2. If organizations and individuals fail to voluntarily enforce the administrative sanction decision beyond the time limit specified in Clause 1 of this Article, they shall be subject to compulsory enforcement.

Article 65. Authority to Issue Compulsory Enforcement Decisions and Organizations for Compulsory Enforcement of Administrative Sanction Decisions

1. After ten days from the date recorded in the administrative sanction decision, if organizations and individuals do not voluntarily enforce the decision, the Chairpersons of People's Committees at all levels, the Heads of Construction Departments' Inspection Agencies, and the Heads of the Ministry of Construction's Inspection Agency have the authority to issue compulsory enforcement decisions on administrative sanction decisions and organize their implementation.

The compulsory enforcement decision on the administrative sanction decision shall be made according to Model No. 04 issued together with this Decree.

2. If organizations or individuals who are subject to administrative penalties do not voluntarily comply with the administrative penalty decision, they will be enforced through the following measures:

a. Deducting part of salary or income, or deducting money from bank accounts;

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

c. Confiscating contraband items and means used in the violation; ordering restoration to the original state before the violation occurred; ordering implementation of measures to mitigate environmental pollution;

d. For violations of construction order, the decision to suspend construction of the project and the decision to forcibly demolish the construction violating the construction order shall be made according to the procedures and formalities stipulated in Decree No. 180/2007/NĐ-CP.

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

4. The responsibility of credit institutions in enforcing compulsory enforcement decisions on administrative sanction decisions shall be implemented according to the provisions of Clause 27, Article 1 of Ordinance No. 04/2008/UBTVQH12 dated April 2, 2008 of the Standing Committee of the National Assembly amending and supplementing certain articles of the Ordinance on Handling Administrative Violations.

5. Police forces have the responsibility to ensure order and safety during the enforcement of compulsory enforcement decisions.

Article 66. Confiscation and Handling of Contraband Items and Means

1. When applying the confiscation form for contraband items and means used in the violation, the authorized sanctioning authority must prepare a record and issue a confiscation decision for the contraband items and means 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 necessary cases, sealing of contraband items and means used in the violation must be carried out.

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

Article 67. Procedures and Formalities for Dealing with Violations of Construction Order

For violations of construction order, in addition to the procedures and formalities stipulated in this Decree, they shall also be implemented according to Articles 22, 23, 24, and 25 of Decree No. 180/2007/NĐ-CP.

Chapter VIII

PETITIONING, REPORTING AND HANDLING VIOLATIONS

Article 68. Complaints and Accusations

1. Organizations and individuals subject to administrative sanctions or their legitimate representatives have the right to file complaints against the administrative sanction decisions of the authorized authorities according to the laws on complaints and accusations. During the waiting period for the resolution of the complaint by the competent authority, organizations and individuals subject to sanctions must still comply with the sanction decision.

For violations of construction order, in cases where organizations and individuals have complaints or accusations about the compulsory demolition decision of the authorized authority regarding construction projects violating construction order, the demolition may be suspended for resolution but electricity, water supply must be cut off and construction workers must be prohibited from working at the site during the complaint and accusation resolution process.

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 the authorized authorities in handling administrative violations.

3. The procedures for complaints and accusations and the resolution of complaints and accusations shall be carried out according to the laws on complaints and accusations.

Article 69. Handling Violations

1. If the authorized authority in handling administrative violations abuses its powers, tolerates, covers up, fails to impose sanctions, imposes sanctions untimely, incorrectly, or exceeds its jurisdictional responsibilities, it will be subject to disciplinary action or criminal prosecution based on the nature and severity of the violation; if material damage is caused, compensation must be provided according to the law.

2. Organizations and individuals who violate the provisions of this Decree, if they do not voluntarily implement the sanction decision, shall be subject to compulsory enforcement; in cases where they obstruct, oppose public officials or use deceitful methods, bribery to evade inspection, supervision, and administrative sanctions imposed by the authorized authorities, they will be subject to legal action based on the nature and severity of the violation.

Chapter IX

IMPLEMENTING PROVISIONS

Article 70. Collection, submission, and handling of administrative violation fines

1. Administrative violation fines must be submitted to the state budget in accordance with the provisions.

2. The Ministry of Finance shall take the lead and coordinate with the Ministry of Construction to guide the use of funds for expenses related to administrative violation penalty work in accordance with the provisions of this Decree.

Article 71. Effective Date

This Decree takes effect from May 1, 2009, and replaces Government Decree No. 126/2004/NĐ-CP dated May 26, 2004, on administrative penalties in construction activities, infrastructure urban management, and housing management and use.

Article 72. Responsibility for Implementation

Ministers, Heads of ministerial-level agencies, Heads of government-affiliated agencies, Chairpersons of provincial People's Committees directly under the central government are responsible for implementing this Decree.

The Ministry of Construction is assigned responsibility to guide the specific implementation of Article 5; Clause 1, Clause 3, Clause 5 Article 11; Point b Clause 3 Article 17; Point b Clause 4 Article 22; Clause 3 Article 23; Clause 1, Point b Clause 6 Article 24; Point c Clause 6 Article 29; Clause 1, Clause 3 Article 31; Clause 1 Article 32; Clause 1, Clause 3 Article 33; Clause 4 Article 34; Point b Clause 3 Article 36, other related issues, and to inspect the enforcement of this Decree./.