Chương 1 Nghị định 121/2013/NĐ-CP: Quy định chung

Chapter 1.

GENERAL PROVISIONS

Article 1. Scope of adjustment and subjects of application

1. This Decree provides for acts of administrative violation, forms and levels of sanction, remedial measures, authority to make records and sanction administrative violations in activities of construction, real estate business, operation, production, business of building materials; management of technical infrastructure (in urban areas, new urban areas, housing development projects, industrial parks, economic zones and high-tech zones); management of housing and office development;

2. This Decree applies to:

a) Vietnamese or foreign organizations and individuals have acts of administrative violations in the fields specified in Clause 1 of this Article occurring in the territory of the Socialist Republic of Vietnam, unless otherwise specified in the international treaty of which Vietnam is a member;

b) Agency and person having the authority to impose sanction and organizations and individuals related to the sanction of administrative violation under the provisions of this Decree;

3. This Decree does not apply to the state agencies, cadres, public servants and officials subject to the case specified in Article 1 of Decree No. 81/2013/ND-CP dated July 19, 2013 of the Government detailing a number of articles and implementation measure of the Law on handling of administrative violation.

Article 2. Principles of sanction of administrative violation

1. Any act of administrative violation must be detected in a timely manner and stop it immediately. The sanction of administrative shall be conducted promptly, impartially, thoroughly with proper order and procedures specified in this Decree. Any consequence caused by administrative violation must be remedied under regulations of law.

2. For works construction investment project including works, works items of which the investor and contractor have the same acts of administrative violation for works and works items, then the act of violation at each works or works item shall be determined as one act of administrative violation;

Article 3. Level of fine

1. The maximum level is regulated as follows:

a) In the field of construction is 1,000,000,000 dong;

b) In the field of real estate business, operation, production and business of building materials, management of technical infrastructure, management of housing and office development: 300,000,000 dong.

2. The level of fine specified from Chapter II to Chapter VI of this Decree is the one applied to the organizations, except for cases specified in Clause 1, Clause 2, Article 21; Point a and b, Clause 1, Article 28 and Clause 4, Article 56 of this Decree.

3. For the same act of administrative violation, the level of fine imposed for individuals is equal to one half of that imposed for organizations;

Article 4. Statute of limitations for sanctioning administrative violations

1. The statute of limitations for sanctioning administrative violations in real estate business, management of infrastructure works, production and business of building materials is 01 year;

2. The statute of limitations for sanctioning administrative violations in activities of construction and mining of minerals as building materials, management of housing and office development is 02 years;

3. The time for calculating the statute for administrative violations is regulated as follows:

a) When competent persons who are on duty detect the administrative violation which has ended, then the statute of limitations is calculated from the date of termination of act of violation. For works construction investment projects, the time of termination of act of violation is the date when the project is handed over and put into use;

b) When competent persons who are on duty detect the administrative violation which is being carried out, then the statute of limitations is calculated from the time of detecting act of violation;

c) In case of sanction of administrative violation against organizations and individuals transferred by the competent authority, the statute of limitations for sanction of administrative violation shall apply under the provisions in Clause 1 and 2, Point a and b, Clause 3 of this Article. The time when the competent authority handles and reviews the case shall be included in the statute of limitations for sanction of administrative violation;

4. Within the statute of limitations specified in Clause 1 and 2 of this Article, if organizations and individuals committing acts of violation intentionally evades or obstruct the sanction of competent authority, then the stature of limitations of administrative violation shall be re-calculated from the time of termination of evading or obstructing acts of sanction;

Article 5. Forms of sanction and remedial measures

1. Main forms of sanction:

a) A caution;

b) A fine;

2. Additional sanction: Depriving the right to use permit or certificate of practice with term or suspending operation from 06 to 24 months.

3. Remedial measures:

For each act of administrative violation, in addition to application of form of sanction, organizations and individuals committing acts of violation shall also be subject to one or many remedial measures as follows:

a) Coercively restoring the initial condition;

b) Coercively taking remedial measures of environmental pollution;

c) Coercively rectifying the false or misleading information;

d) Coercively surrendering the illegal benefits obtained due to administrative violation;

dd) Coercively demolishing the construction works, parts of construction works in violation as stipulated in Decree No. 180/2007/ND-CP of the Government detailing and guiding the implementation of a number of articles of the construction Law on handling of violations of urban construction order (hereinafter referred to as Decree No. 180/2007/ND-CP);

e) Other measures are specified in this Decree.