Decree No. 58/2015/ND-CP Amending and supplementing some articles of Decree No. 192/2013/ND-CP dated November 21, 2013 of the Government on administrative penalties for violations in the management and use of state assets; practicing thrift and combating waste; national reserves; and state treasury.

 DECREE

Amending and supplementing some articles of Decree No. 192/2013/NĐ-CP dated November 21, 2013 of the Government on administrative penalties for violations in the field of managing and using state assets; practicing thrift, combating waste; national reserves; state treasuriesThe Government promulgates this Decree amending and supplementing some articles of Decree No. 192/2013/NĐ-CP dated November 21, 2013 on administrative penalties for violations in the field of managing and using state assets; practicing thrift, combating waste; national reserves; state treasuries (hereinafter referred to as Decree No. 192/2013/NĐ-CP). administrative violations in the field of managing and using state assets; practicing thrift, combating waste; national reserves; state treasuryThe Government issues a Decree amending and supplementing some Articles of Decree No. 192/2013/ND-CP dated November 21, 2013, on the handling of administrative violations in the field of managing and using state assets; practicing thrift, combating waste; national reserves; state treasury (hereinafter referred to as Decree No. 192/2013/ND-CP).

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

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

Pursuant to the Law on Thrift and Combating Wastefulness dated November 26, 2013;

Pursuant to the Law on State Budget dated December 16, 2002;

At the proposal of the Minister of Finance,

The Government promulgates this Decree to amend and supplement some Articles of Decree No. 192/2013/NĐ-CP dated November 21, 2013, on administrative penalties for violations in the management and use of State assets; thrift practices and waste prevention; national reserves; and State treasury. (Hereinafter referred to as Decree No. 192/2013/NĐ-CP).

Article 1. Amending and supplementing some articles of Decree No. 192/2013/NĐ-CP

1. Amend and supplement Article 25 as follows:

"Article 25. Acts violating the provisions of the law on practicing thrift and combating waste in the use of communication equipment, electricity, water, gasoline, diesel fuel, books, office supplies, organizing conferences and seminars, hospitality expenses, travel within and outside the country with state budget funds; purchasing equipment serving the operation of medical examination and treatment facilities funded by the state budget

1. Warning or imposing a fine of from VND 1,000,000 to VND 2,000,000 for acts of using communication equipment, electricity, water, gasoline, diesel fuel, books, office supplies, organizing conferences and seminars, hospitality expenses, travel within and outside the country with state budget funds exceeding the standards and quotas set by competent authorities.

2. Imposing a fine on organizations that purchase equipment serving the operation of medical examination and treatment facilities funded by the state budget without approval from the competent authority according to the following levels of fines:

a) From VND 1,000,000 to VND 5,000,000 in cases where the total value of purchased equipment not in accordance with the approved list is under VND 50,000,000 in one purchase;

b) From VND 5,000,000 to VND 10,000,000 in cases where the total value of purchased equipment not in accordance with the approved list is from VND 50,000,000 to under VND 100,000,000 in one purchase;

c) From VND 10,000,000 to VND 20,000,000 in cases where the total value of purchased equipment not in accordance with the approved list is VND 100,000,000 or more in one purchase.

3. Medical examination and treatment facilities that purchase equipment serving their operations funded by the state budget exceeding the standards and quotas shall be subject to penalties as stipulated in Clause 3 and Clause 4, Article 5 of Decree No. 192/2013/NĐ-CP."

2. Supplementing Article 25a as follows:

"Article 25a. Acts violating the provisions of the law on practicing thrift and combating waste in the management and use of funds originating from the state budget

1. Imposing a fine of from VND 20,000,000 to VND 30,000,000 for the following acts:

a) Acts of using funds originating from the state budget for purposes other than those specified by the competent authority;

b) Acts of using funds originating from the state budget not in accordance with the operational regulations and financial mechanisms of the fund established by the competent authority.

2. Measures to remedy consequences:

a) Recovering and returning to the fund originating from the state budget the funds used for unauthorized purposes;

b) Compelling the return to the fund originating from the state budget any illegal profits obtained from the violation."

3. Supplementing Clause 5a of Article 26 as follows:

"5a. Imposing a fine of from VND 50,000,000 to VND 60,000,000 for acts causing waste in the use of investment capital not in accordance with the standards and norms, exceeding the quota and unit price prescribed by law."

4. Supplementing Article 26a as follows:

"Article 26a. Acts violating the provisions of the law on practicing thrift and combating waste in the exploitation and use of natural resources

1. Imposing a fine of from VND 1,000,000 to VND 5,000,000 for acts of illegally obstructing the implementation of scientific research, technology application, and projects using recycled resources.

2. Imposing a fine of from VND 20,000,000 to VND 30,000,000 for acts of exploiting and using natural resources not in accordance with the planning, plans, and procedures approved by competent state agencies."

Article 2. Implementation clause

This Decree takes effect from August 1, 2015.

Article 3. 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 shall be responsible for implementing this Decree.