Decree No. 66/2012/ND-CP on administrative sanctions for violations in the management and use of state assets

DECREE

Regulations on administrative penalties for violations in the management and use of state assets

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

Pursuant to the Law on Management and Use of State Property dated June 3, 2008;

Pursuant to the Law on Thrift and Combating Wastefulness dated November 29, 2005;

Based on the Law on Prevention and Combating Corruption dated November 29, 2005;

Based on the Ordinance on Handling Administrative Violations dated July 2, 2002; the Ordinance amending and supplementing certain articles of the Ordinance on Handling Administrative Violations dated April 2, 2008;

At the proposal of the Minister of Finance;

The Government issues this Decree to regulate administrative penalties for violations in the management and use of state assets,

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

1. This Decree stipulates acts of administrative violations, forms of penalties, penalty amounts, authority to impose penalties, and procedures for handling administrative violations in the management and use of state assets.

State assets regulated under this Decree include:

a) Office premises and other immovable property attached to land, rights to use land for constructing office premises and operating facilities; machinery, transportation equipment, work tools, and other assets assigned to state agencies (including Vietnamese agencies abroad), public service organizations, political organizations, political-social organizations, social-professional organizations, social organizations, and social-professional organizations as defined in the Law on Management and Use of State Assets (hereinafter referred to collectively as state assets at agencies, organizations, and units);

b) Assets of projects funded by state capital (including official development assistance and non-governmental foreign aid included in state budget revenue) managed by agencies, organizations, and units as project owners;

c) Assets established with ownership rights of the State according to the provisions of the law.

Other acts of administrative violations in the field of management and use of state assets not specified in this Decree shall be subject to regulations in legal documents on administrative penalties in the field of state administration as relevant.

Article 2. Applicability

1. Agencies, organizations, and units (hereinafter collectively referred to as organizations), Vietnamese individuals who commit violations of laws on the management and use of state assets and are subject to administrative penalties according to the law shall be penalized according to this Decree and related legal provisions.

2. Organizations and individuals from foreign countries who commit administrative violations in the field of management and use of state assets within the territory of the Socialist Republic of Vietnam shall be penalized according to this Decree and related legal provisions; where international treaties to which the Socialist Republic of Vietnam is a party provide different provisions, such treaties shall prevail.

Article 3. Principles of Administrative Penalties

1. Administrative penalties for violations in the field of management and use of state assets must be carried out by competent authorities in accordance with the provisions of Article 27 of this Decree and general legal provisions on handling administrative violations.

2. All administrative violations in the field of management and use of state assets must be promptly detected and stopped. Administrative penalties for violations must be conducted swiftly and in accordance with the law; all consequences caused by administrative violations must be remedied in accordance with the law.

3. Each act of administrative violation in the field of management and use of state assets shall only be penalized once. Organizations and individuals committing multiple acts of administrative violations in the field of management and use of state assets shall be penalized for each individual violation. Where multiple organizations and individuals jointly commit an act of administrative violation in the field of management and use of state assets, each violating organization and individual shall be penalized. The imposition of penalties on organizations or individuals is specifically provided for in Chapter II of this Decree.

4. Organizations and individuals penalized for administrative violations according to this Decree shall not use state budget funds or funds derived from the state budget to pay fines and remedy consequences caused by their violations. In cases where organizations are penalized, after implementing the penalty decision, the penalized organization shall identify the individual responsible for causing the administrative violation to determine legal responsibility, including paying back the fine amount and remedying consequences caused by the violation corresponding to the degree of violation of that individual according to the law and the internal regulations on the management and use of state assets of the organization.

5. Depending on the nature and severity of the violation, organizations and individuals committing violations in the field of management and use of state assets shall be subject to administrative penalties according to this Decree and related laws; in cases not subject to administrative penalties, they shall be handled according to the Law on Public Officials and Civil Servants, the Law on Public Servants, the Law on State Budget, the Law on Management and Use of State Assets, and other relevant legal documents.

Article 4. Aggravating and Mitigating Circumstances in Administrative Sanctions

Aggravating circumstances and mitigating circumstances in administrative sanctions in the field of managing and using state assets shall be implemented in accordance with the general provisions of the law on handling administrative violations.

Article 5. Statute of Limitations for Administrative Sanctions

1. The statute of limitations for administrative sanctions in the field of managing and using state assets is one (01) year; however, for acts of violation related to houses and land at office premises and public service facilities, it is two (02) years, counted from the date the administrative violation was committed.

2. Within the time limit prescribed in Clause 1 of this Article, if organizations or individuals continue to commit new administrative violations in the field of managing and using state assets or intentionally evade or obstruct the imposition of sanctions, then the statute of limitations prescribed in Clause 1 of this Article shall not apply, but instead shall be recalculated from the date of the new act of violation or the date when evasion or obstruction ends.

Article 6. Forms of Administrative Sanctions and Measures to Rectify Consequences

1. Principal forms of administrative penalty:

For each administrative violation in the field of managing and using state assets, the violator organization or individual must bear one of the following main forms of administrative sanction:

a) Warning;

b) Fine.

The maximum fine for each administrative violation in the field of managing and using state assets is fifty million (50,000,000) Vietnamese dong.

2. Additional forms of punishment:

Depending on the nature and severity of the violation, the violator organization or individual may also be subject to one or more of the following supplementary forms of administrative sanction:

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

b) Suspension of the right to use a professional certificate for a limited or unlimited period.

3. Measures to remedy consequences:

Depending on the nature and severity of the violation, the violator organization or individual may also be subject to one or more of the following measures to rectify consequences:

a) Compel compliance with the legal regulations on managing and using state assets;

b) Compel restoration of the original condition of the asset that has been altered due to the administrative violation; if restoration is not possible, compensation must be made in cash or with an asset having equivalent utility to the original asset;

c) Compensation for damage caused by the violation;

d) Compel submission of the proceeds obtained from improper use of the asset to the state budget;h of the law;

d) Invalidate or amend contracts for leasing state assets; compensate for the amount of penalty due to invalidation or amendment of economic contracts (if applicable);

e) Recover according to the law or request competent authorities to recover state assets improperly used, exceeding standards or quotas, purchased, gifted, transferred, exchanged in violation of regulations, or improperly possessed, lent, rented, joint ventured, or associated with.

Article 7. Collection, Submission, Management, and Use of Administrative Fine Money and Damage Compensation

1. The management and use of administrative fine money in the field of managing and using state assets shall be carried out in accordance with the Government's Decree on receipts for collecting fines and managing and using submitted administrative fine money and implementing guidelines.

2. Damage compensation money must be collected accurately and fully and used to cover the costs of determining the amount of damage compensation and repaying the damaged organization, with the remainder to be submitted to the state budget.

Chapter II

ADMINISTRATIVE VIOLATIONS, FORMS AND AMOUNTS OF FINES

Section 1

ADMINISTRATIVE VIOLATIONS IN THE MANAGEMENT AND USE OF STATE ASSETS AT ORGANIZATIONS AND UNITS

Article 8. Punishment for organizations engaging in violations concerning state asset procurement

1. Punish organizations that implement asset procurement without a decision from the competent authority:

a) A fine of VND 1,000,000 to VND 5,000,000 for assets such as machinery, working equipment, other assets (excluding office premises, facilities for public services, cars) with a total value of less than VND 100 million in a single purchase (hereinafter referred to collectively as assets with a total value of less than VND 100 million in a single purchase);

b) A fine of VND 5,000,000 to VND 10,000,000 for assets such as machinery, working equipment, other assets (excluding office premises, facilities for public services) with a total value of VND 100 million or more in a single purchase (hereinafter referred to collectively as assets with a total value of VND 100 million or more in a single purchase) and cars;

c) A fine of VND 10,000,000 to VND 20,000,000 for assets such as office premises, facilities for public services.

2. A fine of VND 1,000,000 to VND 5,000,000 for organizations that fail to conduct centralized procurement for types of assets listed for centralized procurement under the law.

3. Punish organizations that engage in asset procurement exceeding standards and quotas prescribed by the competent state agency: For coal-fired thermal power plants where the enterprise holds 100% of the registered capital and uses 100% of its own capital to invest in the project approved by the competent authority, E is determined as 100%;o

a) A fine of VND 1,000,000 to VND 5,000,000 for the act of procuring assets with a value exceeding VND 50 million below the prescribed standards and quotas;

b) A fine of VND 5,000,000 to VND 10,000,000 for the act of procuring assets with a value exceeding VND 50 million up to VND 100 million below the prescribed standards and quotas;ắmồmanagementpoliciesdồng

c) A fine of VND 10,000,000 to VND 20,000,000 for the act of procuring assets with a value exceeding VND 100 million or more above the prescribed standards and quotas.

4. Depending on the nature and degree of violation, organizations violating the provisions of this Article may also be subject to one or several remedial measures as follows: For coal-fired thermal power plants where the enterprise holds 100% of the registered capital and uses 100% of its own capital to invest in the project approved by the competent authority, E is determined as 100%;áp dụng một hoặc một số biện pháp khắc phục hậu quả sau đây:

a) Compel compliance with the legal regulations on managing and using state assets;

b) Compensate the corresponding amount equivalent to the value of assets procured in excess of the prescribed standards and quotas;

c) Seize state assets.

Article 9. Punishment for organizations engaging in violations concerning asset leasing

1. Punish organizations that lease assets without a decision from the competent authority, lease assets exceeding standards and quotas, and select service providers for asset leasing not in accordance with regulations:

a) A fine of VND 1,000,000 to VND 5,000,000 for assets with a lease contract value of less than VND 100 million;

b) A fine of VND 5,000,000 to VND 10,000,000 for assets with a lease contract value of VND 100 million or more.

2. Depending on the nature and degree of violation, organizations violating the provisions of Clause 1 of this Article may also be subject to one or several remedial measures as follows:

a) Compel compliance with the legal regulations on managing and using state assets;

b) Cancel or adjust the asset lease contract; compensate the amount of fine due to cancellation or adjustment of the economic contract (if applicable).

Article 10. Punishment for organizations engaging in violations concerning the allocation and use of state assets exceeding standards and quotas

1. A fine of VND 1,000,000 to VND 5,000,000 for the act of allocating and using assets with a value exceeding VND 50 million below the prescribed standards and quotas.

2. A fine of VND 5,000,000 to VND 10,000,000 for the act of allocating and using assets with a value exceeding VND 50 million up to VND 100 million below the prescribed standards and quotas.

3. A fine of VND 10,000,000 to VND 20,000,000 for the act of allocating and using assets with a value exceeding VND 100 million or more above the prescribed standards and quotas.

4. Depending on the nature and degree of violation, organizations violating the provisions of this Article may also be subject to one or several remedial measures as follows:

a) Compel compliance with the legal regulations on managing and using state assets;

b) Compensate for losses caused by the allocation and use of assets in excess of the prescribed standards and quotas.

c) Seize state assets.

Article 11. Imposing penalties on organizations for arranging and using state assets not in accordance with their intended purposes

1. A fine of VND 1,000,000 to VND 5,000,000 shall be imposed on organizations that arrange and use state assets such as machinery, equipment for work, other assets (excluding office premises, facilities for public services, and cars) with a book value recorded in accounting books under VND 100 million per asset (hereinafter referred to collectively as assets valued under VND 100 million) not in accordance with their intended purposes.

2. A fine of VND 5,000,000 to VND 10,000,000 shall be imposed on organizations that arrange and use state assets such as machinery, equipment for work, other assets (excluding office premises, facilities for public services, and cars) with a book value recorded in accounting books at or above VND 100 million per asset (hereinafter referred to collectively as assets valued at or above VND 100 million) and cars not in accordance with their intended purposes.

3. A fine of VND 10,000,000 to VND 20,000,000 shall be imposed on organizations that arrange and use0state assets such as office premises, facilities for public services not in accordance with their intended purposes.ứcó hành vi bố trí, sđổ 2. Depending on the nature and severity of the violation, organizations violating the provisions of this Article shall also be subject to one or more of the following measures to mitigate consequences:

4. The recovery of state assets used for purposes other than those intended.iArticle 12. Imposing penalties on organizations for lending state assets not in accordance with regulations

a) Compel compliance with the legal regulations on managing and using state assets;

b) Compel restoration of the original condition of the asset that has been altered due to the administrative violation; if restoration is not possible, compensation must be made in cash or with an asset having equivalent utility to the original asset;

c) 1. A fine of VND 1,000,000 to VND 5,000,000 shall be imposed on the act of lending assets valued under VND 100 million.

A fine of VND 5,000,000 to VND 10,000,000 shall be imposed on the act of lending cars; assets valued at or above VND 100 million.

A fine of VND 10,000,000 to VND 20,000,000 shall be imposed on the act of lending office premises, facilities for public services.

2. Compensation for damages caused by the act of lending assets;

3. The recovery of state assets lent out not in accordance with regulations.

4. Depending on the nature and degree of violation, organizations violating the provisions of this Article may also be subject to one or several remedial measures as follows:

a) Compel compliance with the legal regulations on managing and using state assets;

b) Compel restoration of the original condition of the asset that has been altered due to the administrative violation; if restoration is not possible, compensation must be made in cash or with an asset having equivalent utility to the original asset;

c) Article 13. Imposing penalties on organizations for giving, presenting, or exchanging state assets not in accordance with regulations° 1. A fine of VND 5,000,000 to VND 10,000,000 shall be imposed on the act of giving, presenting, or exchanging assets valued under VND 100 million.

d) 2. A fine of VND 10,000,000 to VND 20,000,000 shall be imposed on the act of giving, presenting, or exchanging cars; assets valued at or above VND 100 million.

A fine of VND 30,000,000 to VND 50,000,000 shall be imposed on the act of giving, presenting, or exchanging office premises, facilities for public services.

4. In addition to the penalties prescribed in Clauses 1, 2, and 3 of this Article, organizations violating the regulations shall also have the assets given, presented, or exchanged not in accordance with regulations recovered.

Article 14. Imposing penalties on organizations and individuals for encroaching upon office premises, facilities for public services

3. 1. A fine of VND 20,000,000 to VND 30,000,000 shall be imposed on organizations and individuals who encroach upon office premises, facilities for public services.i 2. Depending on the nature and severity of the violation, organizations and individuals violating the provisions of this Article shall also have the items and means used in the administrative violation confiscated and be subject to one or more of the following measures to mitigate consequences:

a) Compelling the restoration of the original condition of the office premises, facilities for public services and returning the encroached-upon office premises, facilities for public services;

b) Compelling the demolition of structures built on the encroached area;

Compensation for damages caused by the act of encroachment.

2. Tùy theo tính chất, mức độ vi phạm, tổ chức, cá nhân vi phạm quy định tại Điều này còn bị tịch thu tang vật, phương tiện được sử dụng để vi phạm hành chính và áp dụng một hoặc một số biện pháp khắc phục hậu quả sau đây:

a) Buộc khôi phục lại tình trạng ban đầu của trụ sở làm việc, cơ sở hoạt động sự nghiệp và trả lại trụ sở làm việc, cơ sở hoạt động sự nghiệp bị lấn chiếm;

b) Buộc phá dỡ công trình đã xây dựng trên phần diện tích lấn chiếm;

c) Bồi thường thiệt hại do hành vi lấn chiếm gây ra.

Article 15. Imposing penalties on organizations and individuals engaging in illegal appropriation of state assets

1. A fine of from VND 1,000,000 to VND 5,000,000 shall be imposed on organizations and individuals who illegally appropriate state assets but have not reached the level of criminal prosecution.

2. Depending on the nature and severity of the violation, organizations and individuals violating this Article shall also have their illicit gains confiscated, the means used for administrative violations seized, and the following measures applied to mitigate consequences:

a) Compel restoration of the original condition of the asset altered due to the administrative violation and return it to the organization; if the original condition cannot be restored, compensation must be made in cash or with an equivalent asset in terms of utility value.

b) Compensation for losses caused by illegal appropriation trof state assets.

Article 16. Imposing penalties on organizations and individuals engaging in the use of state assets for production, service provision, leasing, joint ventures, and joint operations contrary to regulations

1. Imposing penalties on organizations using state assets for production, service provision, leasing, joint ventures, and joint operations without authorization from competent authorities:

a) A fine of from VND 1,000,000 to VND 5,000,000 shall be imposed on assets valued under VND 100 million;

b) A fine of from VND 5,000,000 to VND 10,000,000 shall be imposed on motor vehicles and assets valued at VND 100 million or more;

c) A fine of from VND 15,000,000 to VND 20,000,000 shall be imposed on assets such as office premises and activity bases.

2. Imposing penalties on organizations using state assets for production, service provision, leasing, joint ventures, and joint operations that affect the performance of assigned functions and tasks of the unit:

a) A fine of from VND 1,000,000 to VND 5,000,000 shall be imposed on assets valued under VND 100 million;

b) A fine of from VND 5,000,000 to VND 10,000,000 shall be imposed on motor vehicles and assets valued at VND 100 million or more;

c) A fine of from VND 15,000,000 to VND 20,000,000 shall be imposed on assets such as office premises and activity bases.

3. Imposing penalties on organizations and individuals violating regulations on determining the value of assets when using them for leasing, joint ventures, and joint operations:

a) A fine of from VND 1,000,000 to VND 5,000,000 shall be imposed on assets valued under VND 100 million;

b) A fine of from VND 5,000,000 to VND 10,000,000 shall be imposed on motor vehicles and assets valued at VND 100 million or more;

c) A fine of from VND 15,000,000 to VND 20,000,000 shall be imposed on assets such as office premises and activity bases.

4. Additional forms of administrative punishment:

Revoking the right to use the Price Appraiser Card for up to twelve (12) months or indefinitely for the acts stipulated in Clause 3 of this Article, carried out by price appraisers according to laws on administrative penalties in the field of pricing.

5. Depending on the nature and severity of the violation, organizations and individuals violating this Article may also be subject to one or several of the following measures to mitigate consequences:

a) Compel compliance with the legal regulations on managing and using state assets;

b) Compel restoration of the original condition of the asset that has been altered due to the administrative violation; if restoration is not possible, compensation must be made in cash or with an asset having equivalent utility to the original asset;

c) State assets shall be recalled;

d) Compelled to remit to the state budget the proceeds obtained from the unauthorized use of state assets for production, service provision, leasing, joint ventures, and joint operations.

Article 17. Imposing penalties on organizations failing to perform maintenance and repair of assets as prescribed by law and allocated budgets

1. A warning or a fine of from VND 500,000 to VND 1,000,000 shall be imposed on organizations failing to perform maintenance and repair of assets valued under VND 100 million.

2. A fine of from VND 1,000,000 to VND 5,000,000 shall be imposed on organizations failing to perform maintenance and repair of motor vehicles and assets valued at VND 100 million or more.

3. A fine of from VND 20,000,000 to VND 30,000,000 shall be imposed on organizations failing to perform maintenance and repair of office premises and activity bases.

4. In addition to the penalties prescribed in Clauses 1, 2, and 3 of this Article, violator organizations shall also be compelled to perform maintenance and repair of assets in accordance with prescribed systems and allocated budgets.

Article 18. Sanctions for organizations engaging in violations concerning the handling of state assets

1. Warning or imposing a fine from VND 500,000 to VND 1,000,000 on organizations committing any of the following acts:

a) Failing to declare, formulate plans for reorganizing and disposing of state assets; relocating facilities causing environmental pollution and other facilities required to be relocated according to urban planning regulations as stipulated by law;

b) Failing to dispose of or report to competent state authorities for timely disposal of assets that are not needed or are being used inefficiently;

c) Failing to report to competent state authorities for recovery, reallocation, sale, liquidation, or destruction of assets when conditions permit as prescribed by law.

2. Imposing a fine from VND 5,000,000 to VND 10,000,000 on organizations failing to properly manage state assets, resulting in damage or loss of assets.

3. Sanctioning organizations for disposing of assets without authorization from competent authorities.

a) A fine of from VND 1,000,000 to VND 5,000,000 shall be imposed on assets valued under VND 100 million;

b) A fine of from VND 5,000,000 to VND 10,000,000 shall be imposed on motor vehicles and assets valued at VND 100 million or more;

c) A fine of VND 10,000,000 to VND 20,000,000 for assets such as office premises, facilities for public services.

4. Sanctioning organizations for declaring asset categories and conditions inaccurately for disposal purposes:

a) Warning or imposing a fine from VND 500,000 to VND 1,000,000 on assets valued under VND 10 million;

b) Imposing a fine from VND 1,000,000 to VND 5,000,000 on assets such as motor vehicles; assets valued at VND 10 million or more;

c) Imposing a fine from VND 5,000,000 to VND 10,000,000 on assets such as office premises, operational bases.

5. Depending on the nature and severity of the violation, organizations violating this Article may also be subject to one or several measures to rectify consequences as follows:

a) Compel compliance with the legal regulations on managing and using state assets;

b) Compel restoration of the original condition of the asset that has been altered due to the administrative violation; if restoration is not possible, compensation must be made in cash or with an asset having equivalent utility to the original asset;

c) Compensating for losses if damage or loss of assets occurs.

Article 19. Sanctions for organizations and individuals engaging in violations concerning the organization of the handling of state assets

1. Warning or imposing a fine from VND 500,000 to VND 1,000,000 on organizations committing any of the following acts:

a) Failing to implement approved disposal plans within the specified time limit;

b) Failing to hand over assets with transfer or recovery decisions to receiving agencies within the specified time;

c) Violating regulations on the establishment of Appraisal Committees, Valuation Review Committees, Auction Sale Committees, and Destruction Committees.

2. Imposing a fine from VND 1,000,000 to VND 5,000,000 on organizations committing any of the following acts:

a) Violating regulations on selecting professional valuation organizations or auction sale organizations to dispose of assets according to decisions of competent authorities;

b) Failing to publicly announce the auction sale of state assets as required by laws governing the management and use of state assets.

3. Sanctioning organizations and individuals for violating regulations on determining the value of assets and organizing the auction sale of assets:

a) A fine of from VND 1,000,000 to VND 5,000,000 shall be imposed on assets valued under VND 100 million;

b) A fine of from VND 5,000,000 to VND 10,000,000 shall be imposed on motor vehicles and assets valued at VND 100 million or more;

c) A fine of VND 10,000,000 to VND 20,000,000 for assets such as office premises, facilities for public services.

4. Additional forms of administrative punishment:

Revoking the Appraiser's Price Evaluation Card or Auctioneer's License for up to twelve (12) months or indefinitely for the acts stipulated in Clause 3 of this Article, carried out by price appraisers or auctioneers in accordance with laws on administrative sanctions in the field of pricing and judiciary.

5. In addition to the penalties prescribed in Clause 1 of this Article, violators must be compelled to organize the disposal of assets according to the disposal decisions of competent authorities and relevant laws.

Article 20. Sanctions for violations concerning the registration and use of data on state assets

An organization or individual who commits any of the following acts shall be warned or fined from VND 500,000 to VND 1,000,000:

1. Intentionally declaring, entering, or approving data on state assets into the National Database on State Assets in violation of regulations, causing distortion of data on state assets;

2. Using data on state assets in the National Database on State Assets for personal purposes without permission from the competent state agency managing that database.

Article 21. Sanctions for administrative violations in the management and use of state assets by Vietnamese agencies abroad

1. Violations, forms, and penalties for violations related to the management and use of state assets by Vietnamese agencies abroad shall be implemented according to the provisions of Articles 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, and 20 of this Decree.

2. The determination of violations related to procedures and formalities regarding investment, procurement, equipping, selling, transferring, liquidation, and destruction of state assets by Vietnamese agencies abroad shall be based on the following documents:

a) The Vienna Convention on Diplomatic Relations 1961;

b) Agreements signed between the Government of Vietnam and the host country's government;

c) Laws of the host country;

d) Laws of Vietnam.

In cases where there is inconsistency among the above documents, implementation shall follow the order from top to bottom.

Section 2

ADMINISTRATIVE VIOLATIONS IN THE MANAGEMENT AND USE OF ASSETS OF PROJECTS USING STATE CAPITAL

Article 22. Sanctions for organizations violating regulations on the provision of assets for projects using state capital

1. Sanction organizations that implement procurement of assets before obtaining the competent authority's decision as stipulated in Clause 1 and Clause 4 of Article 8 of this Decree.

2. Warn or fine organizations from VND 500,000 to VND 1,000,000 for failing to agree with the competent authority prior to signing specific international agreements on ODA regarding the construction of office premises and the provision of vehicles other than those prescribed by Vietnamese law.

3. Sanction organizations that fail to conduct centralized procurement for types of assets listed for centralized procurement under the law as stipulated in Clause 2 and Clause 4 of Article 8 of this Decree.

4. Sanction organizations that procure or equip assets exceeding standards and quotas set by the competent state agency as stipulated in Clause 3 and Clause 4 of Article 8 of this Decree.

5. Sanction organizations that violate regulations on leasing assets to serve management activities of projects using state capital as stipulated in Article 9 of this Decree.

Article 23. Sanctions for organizations and individuals violating regulations on the use of assets of projects using state capital

1. Sanction organizations that allocate and use assets of projects using state capital exceeding standards and quotas as stipulated in Article 10 of this Decree.

2. Sanction organizations that allocate and use assets of projects using state capital for purposes not intended as stipulated in Article 11 of this Decree.

3. Sanction organizations that lend assets of projects using state capital in violation of regulations as stipulated in Article 12 of this Decree.

4. Sanction organizations that give, present, or exchange assets of projects using state capital in violation of regulations as stipulated in Article 13 of this Decree.

5. Sanction organizations and individuals that encroach upon the office premises of project management boards using state capital as stipulated in Article 14 of this Decree.

6. Sanction organizations and individuals that illegally appropriate assets of projects using state capital as stipulated in Article 15 of this Decree.

7. Sanction organizations and individuals that use assets of projects using state capital for production, business service, rental, joint venture, or cooperation purposes contrary to regulations as stipulated in Article 16 of this Decree.

8. Sanction organizations that fail to maintain and repair assets of projects using state capital in accordance with the law and the approved budget as stipulated in Article 17 of this Decree.

Article 24. Imposing penalties on organizations and individuals for violating regulations on handling assets of projects when the project ends or there is no longer a need to use them

1. Warning or imposing a fine from VND 500,000 to VND 1,000,000 on organizations committing any of the following acts:

a) Failing to conduct an inventory and report to the competent state agency to handle according to the prescribed time limit;

b) Failing to report to the competent state agency to establish the State's ownership rights over assets transferred to the Government of Vietnam by ODA experts, consulting contractors, and supervisors according to the regulations.

2. Imposing a fine from VND 5,000,000 to VND 10,000,000 on organizations that commit any of the following acts:

a) Neglecting their responsibility in asset preservation, causing damage or loss of assets;

b) Removing, altering the structure, parts, or components of assets.

3. Imposing penalties on organizations that handle assets without a decision from the competent authority as stipulated in Clause 3 and Clause 5, Article 18 of this Decree.

4. Imposing penalties on organizations that declare incorrectly the list or status of assets proposed for handling as stipulated in Clause 4 and Clause 5, Article 18 of this Decree.

5. Imposing penalties on organizations and individuals who violate regulations on organizing the handling of assets whose ownership rights have been approved by the competent authority as stipulated in Article 19 of this Decree.

Section 3

ADMINISTRATIVE VIOLATIONS IN THE MANAGEMENT AND HANDLING OF ASSETS WITH ESTABLISHED STATE OWNERSHIP RIGHTS

Article 25. Imposing penalties on organizations for violating regulations on establishing State ownership rights over assets, preserving, and transferring assets with established State ownership rights

1. Warning or imposing a fine from VND 500,000 to VND 1,000,000 on organizations committing any of the following acts:

a) Failing to report to the competent authority to establish State ownership rights over assets as prescribed;

b) Violating regulations on the transfer period and transfer documentation of assets to functional agencies for handling.

2. Imposing a fine from VND 5,000,000 to VND 10,000,000 on organizations that commit any of the following acts:

a) Neglecting their responsibility in asset preservation, causing damage or loss of assets;

b) Removing, altering the structure, parts, or components of assets.

3. Depending on the nature and degree of violation, organizations violating this provision may also be subject to one or more of the following measures to remedy consequences:

a) Compel compliance with the legal regulations on managing and using state assets;

b) Compel restoration of the original condition of the asset that has been altered due to the administrative violation; if restoration is not possible, compensation must be made in cash or with an asset having equivalent utility to the original asset;

c) Compensating for losses if damage or loss of assets occurs.

Article 26. Imposing penalties on organizations and individuals for violating regulations on handling assets with established State ownership rights

1. Warning or imposing a fine from VND 500,000 to VND 1,000,000 on organizations that violate regulations on the deadline for formulating plans to handle assets as prescribed by law.

In addition, organizations violating these provisions must be compelled to formulate plans to handle assets to report to the competent state agency as prescribed by law on managing and handling assets with established State ownership rights.

2. Imposing penalties on organizations and individuals who violate regulations on organizing the handling of assets with established State ownership rights that have been approved by the competent authority as stipulated in Article 19 of this Decree.

Chapter III

AUTHORITY, PROCEDURES FOR IMPOSING PENALTIES, ENFORCEMENT, AND FORCED ENFORCEMENT OF ADMINISTRATIVE PENALTY DECISIONS

Article 27. Authority for imposing administrative penalties

1. The authority for imposing penalties of Chairpersons of People's Committees at all levels:

a) The Chairperson of the People's Committee at the commune level has the authority to:

- Issue a warning;

- Imposing fines up to VND 2,000,000;

- Confiscating items and means used for committing administrative violations with a value up to VND 2,000,000;

- Applying remedial measures prescribed in Points a, b, c, d, and đ Clause 3, Article 6 of this Decree.

b) The Chairperson of the People's Committee at the district level has the authority to:

- Issue a warning;

- Imposing fines up to VND 30,000,000;

- Applying supplementary penalties prescribed in this Decree;

- Applying remedial measures prescribed in Points a, b, c, d, and đ Clause 3, Article 6 of this Decree.

c) The Chairperson of the People's Committee at the provincial level has the authority to:

- Issue a warning;

- Imposing fines up to the maximum amount prescribed in this Decree;

- Applying supplementary penalties prescribed in this Decree;

- Applying remedial measures prescribed in Points a, b, c, d, and đ Clause 3, Article 6 of this Decree.

2. The authority for imposing penalties of Inspectors at all levels:

a) Inspectors and persons assigned to perform specialized inspection tasks while performing official duties have the right:

- Issue a warning;

- Imposing fines up to VND 500,000;

- Confiscating items and means used for committing administrative violations with a value up to VND 2,000,000.

b) Heads of Provincial Inspectorates have the right:

- Issue a warning;

- Imposing fines up to VND 30,000,000;

- Applying supplementary penalties prescribed in this Decree;

- Applying remedial measures prescribed in Points a, b, c, d, and đ Clause 3, Article 6 of this Decree.

c) Heads of Ministry Inspectorates have the right:

- Issue a warning;

- Imposing fines up to the maximum amount prescribed in this Decree;

- Applying supplementary penalties prescribed in this Decree;

- Applying remedial measures prescribed in Points a, b, c, d, and đ Clause 3, Article 6 of this Decree.

3. Persons authorized to impose administrative penalties as stipulated in Clause 1 and Clause 2 of this Article shall decide to apply measures to recover State assets within their authority as prescribed by law on managing and using State assets; if exceeding their authority, they shall report to the competent state agency as prescribed by law on managing and using State assets to make a decision to recover.

4. Delegation of authority to impose administrative penalties and principles for determining the authority to impose administrative penalties shall be carried out in accordance with general provisions of law on handling administrative violations.

5. National functional agencies, organizations, and individuals upon discovering administrative violations in the management and use of State assets shall have the responsibility to transfer files (if any) or notify the person authorized to impose administrative penalties under this Decree to consider and handle.

Persons authorized to impose administrative penalties under this Decree shall have the responsibility to consider and impose penalties in accordance with the regulations.

Individuals and organizations with achievements in detecting, combating administrative violations in the management and use of State assets shall be rewarded according to the general system of the State.

Article 28. Administrative Violation Penalty Procedures

The administrative violation penalty procedures in the field of state asset management and utilization shall be carried out in accordance with the general provisions of the law on handling administrative violations.

Article 29. Enforcement of Administrative Penalty Decisions

1. Organizations and individuals subject to administrative penalties in the field of state asset management and utilization must comply with the penalty decision within ten (10) days from the date of receipt of the penalty decision; if the penalty decision specifies a time limit for enforcement, it shall be implemented according to that time limit.

2. In case organizations and individuals subject to administrative penalties fail to voluntarily comply with the penalty decision beyond the time limit specified in Clause 1 of this Article, they shall be enforced through the following measures:

a) Deducting part of the salary or income or deducting money from the bank account; suspending work for individuals who have not yet fully remedied the consequences caused;

b) Seizing assets of equivalent value to the fine amount for auction in accordance with the provisions of the law;

c) Other compulsory enforcement measures in accordance with the general provisions of the law on handling administrative violations to enforce the penalty decision.

3. The suspension of compliance with the administrative fine penalty decision shall be carried out in accordance with the general provisions of the law on handling administrative violations.

4. The authority, procedures, and organization of compulsory enforcement of administrative violation penalty decisions shall be carried out in accordance with the general provisions of the law on handling ladministrative violations.intention 1. Documents on administrative offense handling are written documents, papers, photographs, images, printed forms, measurement data, and data stored in the memory of technical equipment containing information about administrative penalty cases or administrative measures.

Chapter IV

IMPLEMENTING PROVISIONS

Article 30. Effective Date

This Decree takes effect from November 1, 2012.

Article 31. Responsibility for Implementation

1. The Ministry of Finance shall be responsible for guiding the implementation, inspecting, and auditing the implementation of administrative penalties in the field of state asset management and utilization as prescribed in this Decree.

2. Ministries, ministerial-level agencies, agencies under the Government, and People's Committees at all levels shall be responsible for guiding the implementation and inspecting the implementation of administrative penalties in the field of state asset management and utilization as prescribed in this Decree.

3. Ministers, heads of ministerial-level agencies, heads of agencies under the Government, and Chairpersons of People's Committees at all levels shall be responsible for implementing this Decree./.