Chương V Thông tư 10/2015/TT-BXD: Kiểm tra, thanh tra và xử lý vi phạm

Chapter V

EXAMINATION, INSPECTION AND HANDLING OF VIOLATIONS

Article 18. Inspection and examination of training institutions

1. The Department of Housing and Real Estate Market Management shall periodically and surprisingly inspect the provision of training courses in management of apartment buildings of training institutions nationwide.

2. The Department of Construction shall carry out the inspection of provision of training courses in management of apartment buildings of recognized training institutions nationwide periodically, surprisingly or on request.

3. Authorities competent to carry out inspection of housing shall inspect the provision of training courses in management of apartment buildings of recognized training institutions in accordance with provisions of laws.

Article 19. Violations against laws on provision of management of apartment buildings.
Violations against laws on provision of management of apartment buildings include:
1. Leasing or allowing someone else to use the legal status to provide training courses.

2. Providing training courses after the expiry date or in locations other than those specified in the Decision on recognition of the training institution or written consent to adjustment to provisions of this Circular.

3. Employing lecturers other than those registered with the Ministry of Construction; providing training courses without teaching logs, using teaching materials or syllabuses that mismatch the curriculum specified in Chapter III hereof.

4. Providing training courses in management of apartment buildings before being recognized by the Ministry of Construction:

5. Shortening the teaching duration stipulated in chapter II hereof.

6. Granting Certificates of Completion of Training Courses in contravention of provisions hereof.

7. Failing to keep training records or submit reports on training status to competent authorities under provisions hereof.

Article 20. Handling of violations

1. Violations shall be dealt with as follows:

a) The training institution committing one of violations specified in clauses 1, 2 and 3, Article 19 hereof shall have their provision of training suspended for 01 year from the day on which such violation is found. With regard to repeated violations specified in clauses 1, 2 and 3, Article 19 hereof, the defaulting training institution shall have their provision of training courses permanently suspended and have their name removed from the web Portals of the Ministry of Construction and Department of Housing and Real Estate Management; the Head of the defaulting training institution and involved entities shall be subject to administrative penalties or criminal prosecution depending on the severity of violation under provisions of laws; or shall compensate for damage (if any);

b) The training institution that commits one of violations specified in clauses 4, 5 or 6, Article 9 hereof shall have their training results unrecognized and have their violating training courses and certificates related to such courses published on the web Portals of the Ministry of Construction and Department of Housing and Real Estate Market Management;

c) The training institution that commits violations specified in clause 7, Article 19 hereof shall complete their records or submit absent reports in accordance with provisions of laws; in case of failures to complete training records or submit such reports, the certificates of completion of the violating training courses shall not be recognized.

2. The training institution committing violations specified in Article 19 hereof shall be subject to administrative penalties under laws on action against administrative penalties in addition to penalties stipulated in clause 1 of this Article.

3. The competence to handle such violations specified in clause 1 of this Article shall be prescribed as follows:

a) The Ministry of Construction has the power to suspend or permanently suspend the provision of management of apartment buildings of the training institution that commits violations specified in clause 1, 2 and 3, Article 19 hereof;

b) The Department of Housing and Real Estate Market Management shall have the power to refuse to recognize the training results of training courses in management of apartment buildings of the training institution that commits violations specified in clauses 4, 5, 6 and 7, Article 19 hereof;