Chapter 8.
AUTHORITY TO RECORD AND SANCTION ADMINISTRATIVE VIOLATION
Article 59. Authority to record administrative violation
The persons having the authority to record the administrative violation for the acts specified in this Decree include:
1. The persons having the authority to sanction are specified in Article 61, 62, 63, 64, 67, 68 and 69 of this Decree;
2. Officials of People’s Committee of all levels are assigned to examine and detect the administrative violation in the fields specified in this Decree.
3. Officials and inspectors of state inspection agencies in the sector of construction are assigned to perform the independent examination and inspection or inspection team;
4. Officials are assigned to perform the examination in each field of state management on: construction activities, real estate business, operation, production and business of building materials; management of technical infrastructure and management of housing and office development;
5. The persons having the authority to sanction belonging to people’s Public security are entitled to record the administrative violation for the acts specified in Article 58 of this Decree;
6. The persons having the authority to sanction under the market management authority are specified in Article 45 of the Law on handling of administrative violation for the acts specified at Point b, Clause 2, Article 40 of this Decree.
Article 60. Authority to sanction administrative violation
1. The persons having the authority to sanction specified in this Decree are only permitted to sanction administrative violation within their competence. Where the acts of violation are beyond their competence, they must record those acts and transfer them to the competent authority for issuing the sanctioning decision;
2. When applying the form of sanction as depriving the right to use building permit, certificate of practice, the persons having the authority to impose sanction must notify in writing to or send the decision on sanction of administrative violation to the Construction Service Inspection.
3. In case of administrative violation under the authority of many persons, the sanction of administrative violation shall be done by the person who handles the case first;
4. The authority to impose a fine specified in Article 61, 62, 63, 64, 66, 67, 68 and 69 of this Decree is the authority to impose a fine for organizations; the authority to impose a fine for individuals is equal to a half of that for organizations;
Article 61. Authority to sanction of construction inspector
1. A caution
2. A fine up to VND 1,000,000.
3. Applying the remedial measures specified at Point a and b, Clause 3, Article 5 of this Decree.
Article 62. Authority to sanction of Head of specialized inspection team
1. The Head of specialized inspection team of Construction Service inspection has the authority to impose sanction as follows:
a) A caution;
b) A fine up to VND 100,000,000.
c) Depriving the right to use building permit, certificate and certificate of practice or suspending the operation with a definite time;
d) Applying the remedial measures specified at Point a, b, c and e, Clause 3, Article 5 of this Decree.
2. The Head of specialized inspection team of the Ministry of Construction inspection has the authority to impose sanction as follows:
a) A caution;
b) A fine of between VND 500,000,000 shall be imposed for the field of construction; up to VND 210,000,000 shall be imposed in the fields: real estate business, mining, production and trading of building materials; management of technical infrastructure; management and development of housing and offices;
c) Depriving the right to use the building permit, certificate and certificate of practice or suspending the operation with a definite time;
d) Applying the remedial measures specified at Point a, b, c, d and e, Clause 3, Article 5 of this Decree.
Article 63. Authority to sanction of chief inspector of Construction Service
1. A caution.
2. A fine up to VND 100,000,000.
3. Depriving the right to use building permit, certificate and certificate of practice or suspending the operation with a definite time;
4. Applying the remedial measures specified in Clause 3, Article 5 of this Decree.
Article 64. Authority to sanction of chief inspector of Ministry of Construction
1. A caution.
2. A fine:
a) Up to 30,000,000 shall be imposed in the fields: real estate business, mining, production and trading of building materials; management of technical infrastructure; management and development of housing and offices;
b) Up to VND 1,000,000,000 shall be imposed in the field of construction;
3. Depriving the right to use building permit, certificate and certificate of practice or suspending the operation with a definite time;
4. Applying the remedial measures specified at Point a, b, c, d and e, Clause 3, Article 5 of this Decree.
Article 65. Authority to sanction of People’s Public Security
The persons having the authority to sanction belonging to the people’s public security shall impose sanction under their authority specified in Article 58 of this Article;
Article 66. Authority to sanction of market management authority
The persons having the authority to sanction belonging to the market management authority shall impose sanction of administrative violation for the acts specified at Point b, Clause 2, Article 40 of this Decree;
Article 67. Authority to sanction of Chairman of communal-level People’s Committee
1. A caution.
2. A fine up to VND 1,000,000,000
3. Applying the remedial measures specified at Point a, b, dd, Clause 3, Article 5 of this Decree.
Article 68. Authority to sanction of Chairman of district-level People’s Committee
1. A caution.
2. A fine up to VND 100,000,000.
3. Depriving the right to use building permit, certificate and certificate of practice or suspending the operation with a definite time;
4. Applying the remedial measures specified in Clause 3, Article 5 of this Decree.
Article 69. Authority to sanction of chairman of provincial-level People’s Committee
1. A caution
2. A fine:
a) Up to VND 300,000,000 in the fields: real estate business, mining, production and trading of building materials; management of technical infrastructure; management and development of housing and offices;
b) Up to VND 1,000,000,000 in the field of construction;
3. Depriving the right to use building permit, certificate and certificate of practice or suspending the operation with a definite time;
4. Applying the remedial measures specified at Point a, b, c, d and e, Clause 3, Article 5 of this Decree.
Tìm kiếm
Nghị định 121/2013/NĐ-CP quy định xử phạt vi phạm hành chính trong hoạt động xây dựng; kinh doanh bất động sản; khai thác, sản xuất, kinh doanh vật liệu xây dựng; quản lý công trình hạ tầng kỹ thuật; quản lý phát triển nhà và công sở (Bản Word)
Nghị định 121/2013/NĐ-CP quy định xử phạt vi phạm hành chính trong hoạt động xây dựng; kinh doanh bất động sản; khai thác, sản xuất, kinh doanh vật liệu xây dựng; quản lý công trình hạ tầng kỹ thuật; quản lý phát triển nhà và công sở (Bản Pdf)