Chương 6 Nghị định 121/2013/NĐ-CP: Hành vi vi phạm hành chính, hình thức xử phạt và biện pháp khắc phục hậu quả trong quản lý phát triển nhà và công sở

Chapter 6.

ACTS OF ADMINISTRATIVE VIOLATION, FORMS OF SANCTION AND REMEDIAL MEASURES IN MANAGEMENT AND DEVELOPMENT OF HOUSING AND OFFICES

Article 54. Violation of regulations on housing development

1. A fine of between VND 20,000,000 and 30,000,000 shall be imposed for one of the acts as follows:

a) Failing to publicize information on housing project or fully and correctly publicize information on housing under implementation as prescribed;

b) Failing to make a report on implementation of project to the competent authority as prescribed;

c) Classifying apartment building inconsistently with regulations;

2. A fine of between VND 80,000,000 and 100,000,000 shall be imposed for one of the acts as follows:

a) Failing to reserve land fund or reserve insufficient land area in the commercial housing development project for construction of social housing as prescribed;

b) Failing to invest in synchronous construction of social and technical infrastructure under the project approved;

c) Deploying the project behind schedule approved.

3. Remedial measures:

a) Coercively publicize information as prescribed for the acts specified at Point a, Clause 1 of this Article;

b) Coercively reserving the land fund as prescribed to build social housing for the acts specified at Point a, Clause 2 of this Article;

Article 55. Violation of regulations on management and use of housing

1. A caution or a fine of between VND 500,000 and 1,000,000 shall be imposed for one of the acts as follows:

a) Advertising, writing and drawing outside housing in contravention of regulations;

b) Raising livestock and poultry in the part of common ownership or part of common use; raising livestock and poultry in the part of private ownership or part of private use affecting the order, beauty and living environment of other households and public area;

2. A fine of between VND 10,000,000 and 20,000,000 shall be imposed for one of the acts in violation of regulations on management and use of apartment building as follows:

a) Discharging trash, wastewater, exhaust gas and toxic substances indiscriminately, causing penetration, leakage and environmental pollution;

b) Using funds for management and operation or for maintenance of part of common ownership of apartment building improperly;

c) Using color of paint and decorating the façade of apartment or apartment building in contravention of regulations;

3. A fine of between VND 50,000,000 and 60,000,000 shall be imposed for one of the acts in violation of regulations on management and use of apartment building as follows:

a) Doing business in restaurant, karaoke and discos;

b) Repairing motorcycles, trading cattle and poultry; slaughtering livestock;

c) Arbitrarily newly expanding and taking up area and space or damaging the property under common ownership or common use in any form; breaking, renovating or dismantling structures of part of common ownership or private ownership or part of private use; changing the bearing structure, technical infrastructure and equipment commonly used and the external architecture of apartment building;

d) Dividing and converting the purpose of use of common ownership or common use in contravention of regulations;

dd) Trading gas or explosive and flammable materials;

4. Sanction shall be imposed for one of the acts in violation of regulations on management and use villas in urban areas as follows:

a) A fine of between VND 10,000,000 and 20,000,000 shall be imposed for one of the acts specified in Clause 2 of this Article;

b) A fine of between VND 50,000,000 and 60,000,000 shall be imposed for one of the acts specified in Clause 3 of this Article or the act of breaking down ancient trees within the villa precinct;

c) A fine of between VND 80,000,000 and 100,000,000 shall be imposed for arbitrarily dismantling or renovating resulted in change of planning (construction density, number floor and height), the exterior architectural design for villas of group 2 as prescribed;

d) A fine of between VND 100,000,000 and 120,000,000 shall be imposed for arbitrarily dismantling or renovating resulted in change of planning (construction density, number floor and height), the architectural design and original appearance for villas of group 1 as prescribed;

5. A fine of between VND 50,000,000 and 60,000,000 shall be imposed for one of the acts in violation of regulations on housing management as follows:

a) Encroaching the housing and space around the housing or illegally occupying the housing area;

b) Failing to dismantle housing as prescribed or comply with the decision on dismantlement of housing of the competent authority;

c) Using the state-owned housing but expanding, repairing and renovating it without the approval from the housing management board.

6. Remedial measures:

a) Coercively restoring the initial condition for the acts specified in Clause 1, Point a, Clause 2, Point d, Clause 3, Point c, d, Clause 4 and Point a, Clause 5 of this Article;

b) Coercively dismantling the construction works or parts of construction works in violation as prescribed in Decree No. 180/2007/ND-CP for the acts specified at Point d, Clause 3, Point c, d, Clause 4, Point a, Clause 5 of this Article.

Article 56. Violation of regulations on housing transaction

1. A fine of between VND 2,000,000 and 4,000,000 shall be imposed for one of the acts as follows:

a) Lending, managing with authorization or renting housing without making a contract as prescribed;

b) Failing to notarize or certify contract on housing as prescribed;

2. A fine of between VND 40,000,000 and 50,000,000 shall be imposed for one of the acts as follows:

a) Selling, renting or hire purchasing the social housing invested by the non-state capital for improper subjects or conditions as prescribed;

b) Selling, renting or hire purchasing the housing under the state ownership beyond the competence, to improper subjects or under improper conditions as prescribed;

c) The persons who are entitled to rent housing under the state ownership or persons who hire purchase the housing have transferred, converted, sub-leased or lent it without the approval of the competent authority as prescribed;

3. A fine of between VND 60,000,000 and 70,000,000 shall be imposed on foreign organizations possessing the housing in Vietnam to improper subjects or under improper conditions as prescribed;

4. A fine shall be imposed on individuals who are foreigners and Vietnamese people residing abroad and have one of the acts of violation as follows:

a) A fine of between VND 40,000,000 and 50,000,000 shall be imposed for possessing the housing in Vietnam to improper subjects or under improper conditions as prescribed;

b) A fine of between VND 60,000,000 and 70,000,000 shall be imposed for possessing the housing in Vietnam with improper number or type as prescribed;

Article 57. Violation of regulations on management and use of office building

1. A caution or a fine of between VND 50,000 and 200,000 shall be imposed for using devices for personal cooking and boiling in working office;

2. A fine of between VND 10,000,000 and 20,000,000 shall be imposed for commercial advertising at offices;

3. A fine of between VND 40,000,000 and 50,000,000 shall be imposed for placing explosive materials in working office;