Chapter I
GENERAL
Article 1. Scope
1. This Decree provides for administrative violations, penalties, fines, remedial measures, the power to make administrative violation records, the power to impose penalties for violations against regulations on planning and investment.
2. Administrative violations against regulations on planning and investment are the violations which are committed by organizations and individuals but do not constitute a criminal offence in accordance with regulations of the Criminal Code and are specified in this Decree. Such administrative violations include:
a) Violations against regulations on investment (including public investment, business investment in Vietnam, outward business investment, public private partnership (PPP));
b) Violations against regulations on bidding;
c) Violations against regulations on enterprise registration;
d) Violations against regulations on planning.
3. Relevant regulations on penalties for administrative violations that arise from state management shall apply to other administrative violations against regulations on planning and investment that are not specified in this Decree.
Article 2. Regulated entities
1. This Decree applies to:
a) Vietnamese and foreign organizations and individuals (hereinafter referred to as “entities”) that commit administrative violations against regulations on planning and investment.
b) Persons that have the power to make administrative violation records and the power to impose penalties for administrative violations as prescribed in this Decree;
c) Other authorities, organizations and individuals involved in imposition of penalties for administrative violations specified in this Decree.
2. The organizations specified in Point a Clause 1 of this Article include:
a) Joint-stock companies, single-member limited liability companies, partnerships and sole proprietorships established and operating under the Law on Enterprises, Law on Investment, Law on Public - Private Partnership and other legislative documents;
b) If a branch, representative office or business location of an enterprise specified in Point a Clause 2 of this Article commits an administrative violation when performing its business within the operating scope and period authorized by the enterprise and when complying with the enterprise’s guidance, direction, assignment or consent, such enterprise is the one that faces a fine for such administrative violation; the fine to be imposed is the one imposed upon organizations.
If a branch, representative office or business location of an enterprise specified in Point a Clause 2 of this Article commits an administrative violation when performing its business within the operating scope and period not authorized by the enterprise and when not complying with the enterprise’s guidance, direction, assignment or consent, the head of such branch, representative office or business location of the enterprise shall assume responsibility and face a fine for such administrative violation imposed on an individual for the activities carried out by the enterprise’s branch, representative office or business location.
c) Foreign organizations and enterprises, operating offices of foreign investors to business cooperation contract (BCC), operating offices of foreign contractors in Vietnam;
d) Organizations established and operating under the Law on Cooperatives;
dd) Other organizations that commit administrative violations against regulations on planning and investment.
Article 3. Penalties and remedial measures
1. Main penalties include:
a) Warnings;
b) Fines.
2. Depending on the nature and severity of the violation, the violator may be liable to one or more remedial measures specified in Articles from Chapter II to Chapter V of this Decree.
Article 4. Fines
1. Maximum fines for administrative violations specified in this Decree are as follows:
a) The maximum fine for an administrative violation against regulations on investment: VND 300,000,000;
b) The maximum fine for an administrative violation against regulations on bidding: VND 300,000,000;
c) The maximum fine for an administrative violation against regulations on enterprise registration: VND 100,000,000;
d) The maximum fine for an administrative violation against regulations on planning: VND 500,000,000.
2. The fines for administrative violations specified in this Decree are imposed upon organizations (except for the fines for violations specified in Point c Clause 2 Article 28; Points a and b Clause 2 Article 38; Article 62 and Article 63 of this Decree, which are imposed upon individuals). For the same violation, the fine incurred by an individual is 1/2 (half) that incurred by an organization.
Article 5. Prescriptive time limits and dates of determining prescriptive time limits for imposing penalties for administrative violations
1. The prescriptive time limits for imposing penalties for violations against regulations on investment, bidding and enterprise registration shall be 01 year; on planning shall be 02 years.
2. The administrative violations specified in Article 7; Article 9; Article 10; Article 13; Article 14; Clause 2 Article 15; Clause 3 Article 16; Article 17; Article 18; Article 19; Article 20; Article 21; Article 22; Article 23; Article 24; Article 30; Article 36; Article 37; Article 43; Article 44; Article 45; Article 46; Article 47; Article 48; Article 49; Article 50; Article 51; Article 52; Article 53; Article 54; Article 55; Article 56; Article 57; Article 58; Article 59; Article 60; Article 61; Article 62; Article 63; Article 64; Article 65; Article 66; Article 67; Article 68, Article 69; Article 70; Article 71 and Article 72 of this Decree are in-progress administrative violations.
For an in-progress violation, the prescriptive time limit begins from the date on which that violation is detected. If the violation has been completed, the prescriptive time limit begins from the date on which that violation terminates.
3. The administrative violations specified in this Decree (except for the administrative violations specified in Clause 2 of this Article, Article 12 and Article 25) are completed ones.
For a completed violation, the prescriptive time limit begins from the date on which that violation terminates.
Tìm kiếm
Nghị định 122/2021/NĐ-CP (Bản Word)
Nghị định 122/2021/NĐ-CP (Bản Pdf)
