Decree No. 62/2010/ND-CP Amending and supplementing some articles of Decree No. 53/2007/ND-CP dated April 4, 2007 of the Government on administrative penalties in the planning and investment sector.

DECREE

Amending and supplementing some articles of Decree No. 53/2007/NĐ-CP dated April 4, 2007 of the Government on administrative penalties in the field of planning and investment

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THE GOVERNMENT

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

Pursuant to the Administrative Violation Handling Law dated July 2, 2002; the Ordinance amending and supplementing some articles of the Administrative Violation Handling Law dated April 2, 2008;

The Prime Minister issues this Decision on principles, criteria, and allocation standards for state budget investment capital development phase 2016-2020.

DECREE:

Article 1. Amending and supplementing some articles of Decree No. 53/2007/NĐ-CP dated April 4, 2007 on administrative penalties in the field of planning and investment (hereinafter referred to as Decree No. 53/2007/NĐ-CP):

1. Point b Clause 2 Article 7 shall be amended and supplemented as follows:

“b) Preparing the budget for planning development costs not in accordance with regulations.”

2. Clause 5, 6 Article 13 shall be amended and supplemented as follows:

a) Adding point đ and e to Clause 5:

“đ) Not selling tender documents to bidders or performing any act that limits bidders from purchasing tender documents within the time specified in the tender notice or invitation letter;

e) Not issuing or performing any act that limits the issuance of interest solicitation documents, prequalification documents, request for proposal documents to bidders within the time specified in the notice of interest solicitation, prequalification notice, or invitation to bid.”

b) Clause 6 shall be amended and supplemented as follows:

“6. A fine of VND 18,000,000 to VND 20,000,000 shall be imposed on organizations and individuals who commit one of the following acts:

a) Using their rights or influence to compel the project owner, tender inviter, bidding evaluation team, bidding consultant, or organization or body responsible for reviewing the selection results to propose an unsuitable winning bidder based on the tender documents, request for proposal, and evaluation criteria stated therein.

b) Approving a bidder to transfer work without permission from the investment decision-maker, except for the portion of work assigned to a subcontractor as declared in the contract.

c) Not stipulating in the tender documents or contract that it is prohibited for bidders to use foreign nationals who do not meet the working conditions in Vietnam as prescribed by Vietnamese law.

d) Not stipulating in the tender documents or contract that it is prohibited to use foreign labor when domestic labor can meet the requirements of the tender package or intentionally setting evaluation criteria regarding the bidder's capacity, experience, or other evaluation criteria higher than the actual needs of the tender package to prevent domestic bidders from meeting the requirements.

đ) The winning bidder or organizations and individuals under the project owner using foreign nationals to perform the contract when such foreign nationals do not meet the working conditions in Vietnam as prescribed by Vietnamese law.”

3. Clause 2, point a Clause 3 Article 14 shall be amended and supplemented as follows:

a) Clause 2 shall be amended and supplemented as follows:

“2. A fine of VND 5,000,000 to VND 10,000,000 shall be imposed on organizations and individuals evaluating tender documents or proposals without basing their assessment on the evaluation criteria and other requirements in the approved tender documents or request for proposal but without distorting the selection results.”

b) Point a Clause 3 shall be amended as follows:

“a) Evaluating tender documents or proposals, reviewing, and approving the selection results without basing the assessment on the evaluation criteria and other requirements in the approved tender documents or request for proposal, leading to distortion of the selection results or necessitating cancellation of the bidding process.”

4. Point đ Clause 3 Article 17 shall be amended and supplemented as follows:

“đ) Transferring more than 10% of the value of the work to be performed (after deducting the portion of work assigned to a subcontractor) as stated in the signed contract to another bidder.”

5. Article 48 shall be amended as follows:

a) Point b Clause 1 Article 48 shall be amended as follows:

“b) A fine up to VND 2,000,000;”

b) Point b Clause 2 Article 48 shall be amended as follows:

“b) A fine up to VND 30,000,000;”

6. Article 49 shall be amended as follows:

a) Point b Clause 1 Article 49 shall be amended as follows:

“b) A fine up to VND 500,000;”

b) Point b Clause 2 Article 49 shall be amended as follows:

“b) A fine up to VND 30,000,000;”

7. Article 52 shall be amended and supplemented as follows:

"Article 52. Delegation of administrative penalty authority for planning and investment violations

The authorized person to impose administrative penalties as stipulated in Articles 48, 49, 50, and 51 of Decree No. 53/2007/NĐ-CP may delegate this authority to deputy officials. Such delegation must be documented in writing, clearly defining the scope, content, and duration of the delegation."

8. Article 55 shall be amended and supplemented as follows:

"Article 55. Simplified administrative penalty procedure

The simplified administrative penalty procedure shall apply to administrative violations where the prescribed penalty is a warning or a fine up to VND 200,000, or multiple administrative violations committed by one person where each violation is punishable by a warning or a fine from VND 10,000 to VND 200,000. In such cases, the authorized person imposing the penalty does not need to prepare an administrative violation record but issues the penalty decision on the spot."

9. Article 57 shall be amended as follows:

"Article 57. Recording administrative violations 

The recording of administrative violations shall be carried out in accordance with Article 55 of the Administrative Violation Handling Law 2002, which has been amended and supplemented by the Ordinance amending and supplementing some articles of the Administrative Violation Handling Law 2008, and Article 22 of Decree No. 128/2008/NĐ-CP dated December 16, 2008 of the Government detailing certain provisions of the Administrative Violation Handling Law 2002 and the Ordinance amending and supplementing some articles of the Administrative Violation Handling Law 2008."

10. Article 58 shall be amended and supplemented as follows:

"Article 58. Execution of penalty decisions and enforcement of penalty decisions

Within ten working days from the date of receiving the penalty decision, the organization or individual subject to administrative penalty must execute the penalty decision, pay the fine at the place specified in the penalty decision, and receive a receipt for the fine payment."

The management and use of administrative violation fines shall be carried out in accordance with Decree No. 124/2005/NĐ-CP dated October 6, 2005 of the Government on receipts for fine collection and the management and use of administrative violation fines.

In cases where organizations or individuals subject to administrative violation penalties do not voluntarily comply with the penalty decision, they shall be compulsorily enforced according to Article 66 of the Administrative Violation Handling Ordinance, Article 66a of the Ordinance amending and supplementing certain articles of the Administrative Violation Handling Ordinance in 2008, and Decree No. 37/2005/NĐ-CP dated March 18, 2005 of the Government on procedures for applying compulsory enforcement measures to enforce administrative violation penalty decisions.

11. Article 62 is amended and supplemented as follows::

"Article 62. Responsibility for Implementation

1. Authorities and units authorized to impose administrative violations in the planning and investment sector shall submit reports on the results of administrative violation penalties in the planning and investment sector to the Ministry of Planning and Investment before December 15 each year for consolidation and reporting to the Government.

2. Authorities and units shall use the forms prescribed in the Appendix attached to this Decree when imposing administrative violation penalties in the planning and investment sector."

Article 2. Abolish the points and articles of Decree No. 53/2007/NĐ-CP as follows::

1. Article 19.

2. Article 20.

3. Article 21.

4. Points n and o Clause 1 Article 38.

Article 3. This Decree takes effect from August 2, 2010..

Article 4. 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.