Chương 3 Nghị định 155/2013/NĐ-CP: Thẩm quyền xử phạt vi phạm hành chính

Chapter 3

COMPETENCE TO SANCTION ADMINISTRATIVE VIOLATIONS

Article 46. The sanctioning competence of the inspectorates of planning and investment

1. Inspectors and persons assigned the specialized inspection on duty have rights:

a) Imposing a caution;

b) A fine of up to VND 500,000.

2. Chief inspectors of the provincial Departments of Planning and Investment; the leaders of the provincial-level specialized inspectorate team have rights:

a) To impose a caution;

b) To impose a fine of up to VND 25,000,000 for violations of business registration; fine up to VND 75,000,000 for violations on investment, bidding;

c) To apply remedial measures specified at chapter 2 of this Decree.

3. The leader of the specialized inspectorate team of the Ministry of Planning and Investment has rights:

a) To impose a caution;

b) To impose a fine of up to VND 30,000,000 for violations on business registration; fine up to VND 80,000,000 for violations on investment, bidding;

c) To apply remedial measures specified in Chapter 2 of this Decree.

4. The chief inspector of the Ministry of Planning and Investment has rights:

a) To impose a caution;

b) To impose a fine of up to VND 30,000,000 for violations on business registration; fine up to VND 80,000,000 for violations on investment, bidding;

c) To apply remedial measures as prescribed in Chapter 2 of this Decree.

Article 47. The sanctioning competence of People's Committees at all levels

1. Presidents of the communal People's Committees have rights:

a) To impose a caution;

b) To impose a fine of up to VND 5,000,000.

2. Presidents of the district-level People's Committees have rights:

a) To impose a caution;

b) To impose a fine of up to VND 25,000,000 for violations on business registration; fine up to VND 75,000,000 for violation on investment, bidding;

c) To apply remedial measures specified in Chapter 2 of this Decree.

3. Presidents of the provincial People's Committees have rights:

a) To impose a caution;

b) To impose a fine of up to VND 30,000,000 for violations on business registration; fine up to VND 80,000,000 for violations on investment, bidding;

c) To apply remedial measures specified in Chapter 2 of this Decree.

Article 48. Sanctioning competence of other agencies

Police, customs, tax, specialized inspectorate agencies and other agencies within their assigned functions, tasks and powers, if detecting acts of administrative violation in planning and investment may sanction administrative violations as prescribed in Article 39, Article 42, Article 44 and Article 46 of the Law on Handling of Administrative Violations and provisions in this Decree.

Article 49. Determination of the sanctioning competence

The fining competence of titles specified in Article 46, Article 47 and Article 48 of this Decree is applied to one administrative violation of organization. In case of fine, the authority to sanction against individual is equal to ½ (a half) of authority to sanction against organization.

Article 50. Competence to make records on administrative violation

1. Titles specified in Article 46, Article 47 and Article 48 of this Decree and competent persons on duty, when detecting administrative violations in planning and investment, have the right to make records on sanctioning administrative violations as prescribed.

2. The leaders of specialized inspectorate teams in planning and investment, when detecting administrative violations, have the right to make records on sanctioning administrative violations, cases of falling beyond their competence, they shall sent records to competent persons to conduct the sanction as prescribed by law.