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THE GOVERNMENT.
Numbers: 155 /2013/NĐ-CP
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THE SOCIALIST REPUBLIC OF VIETNAM.
Independence-Freedom-Happiness
Hanoi, November 11, 2013
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DECREE
Q The decision to punish the administrative breach in the field of planning and investment.
__________________________
The Law base. I Government office on December 25, 200. 1 ()
The Law base. X Yeah. i It's a I'm 20 June 2012;
The Law base. D It was on November 29, 2005.
The Law base. Fuck! It's on the 29th. Ah! 11 in 2005;
The Law base. Fuck! Bids on November 29, 2005;
The Law base. X It was November 26, 2003.
The Code of Law. change , add a s Stain. The rules. link The head of view. Yeah. Build up the basics of 19 th Ah! 6 in 2009;
The Law base. Oh. Twenty-five. Ah! 11 in 2012;
At the suggestion of Minister K What? That's the plan. ()
Ch I'm The government issued a decree to punish the violation of the law. I'm In the field of planning and investment. Oh,
COMMON RULES
1. This decree rules on the behavior of administrative violations, the punishment form, the penalty level, the remediation measure, the authority to compile the administrative breach and the authority to punish the administrative violations in the planning and investment sectors.
2. Administrative violation of the planning area and investment of regulation at this Decree includes the following acts:
a) Violation of regulation in the field of investment use of state capital;
b) Violation of regulation in the field of investment in the country, foreign investment and investment of Vietnam abroad;
c) Regulation in the field of bidding management;
d) Regulation in business registration areas for business, business households, coopercooperation, cooperative association.
3. Other administrative violations in the field of planning and investment are not yet regulated at this decree, but apply regulation at other Decree-Government resolutions on administrative violation in the field of relevant state management.
What? 2. The subject is punished
The applicable subject of this decree includes the organization, Vietnamese and foreign individuals who have administrative violations in the field of planning and investment.
What? 3. The punishment form and the remediation measure
1. For each administrative violation, the organization, the individual violation must be subject to one of the following forms of punishment:
a)
b) Money.
2. Depending on the properties, the extent of the violation, organization, individual violation of one or more of the remedied remediation of specific consequences at the provisions of this decree.
What? 4. A fine in the field of planning and investment
The provisions of the provisions in Chapter II of this decree are the applicable fines imposed on the organization. The same violation, the fine for the individual and the household by 1/2 (part two) the fine for the organization.
ADMINISTRATIVE VIOLATIONS, THE FORM OF PUNISHMENT AND THE REMEDIATION OF THE CONSEQUENCES.
Item 1
ADMINISTRATIVE VIOLATIONS IN THE FIELD OF INVESTMENT USE STATE CAPITAL, THE FORM OF PUNISHMENT AND THE REMEDIATION OF THE CONSEQUENCES.
What? 5. Violation of Feasibility Study Reporting (Investment Project, Economic Report-Technical Report for Projects Building Projects)
1. Penituate from 5,000,000 to 10,000,000 in one of the following acts:
a) Do not comply with the sequence, the procedure and the appraisal of the feasibility study report;
b) Do not comply with the procedures, procedures and conditions that regulate the investment project.
2. Penituation from 10,000,000 to 15,000,000 in one of the following acts:
a) Accounting, payment, expense decision making the feasibility of the feasibility of the feasibility study, the specified level;
b) The feasibility study report does not match the scale of the project group by regulation;
c) The feasibility study report does not conform to national standards, national technical standards; and more.
d) The feasibility study report was not fully content by regulation.
3. Free from 15,000,000 to 20,000,000 partners for one of the following acts:
a) The feasibility of the feasibility study is not in the planning or yet ungranted authority approved of the planning addition;
b) The feasibility study report is not correct under the approved planning.
4. Measure corrects:
a) Forcing the return of additional expenses due to the establishment of the bill, the recovery, the payment, the cost of the cost of planning the Feasible Feasibility Study Report for the violation of the specified breach at Point 2 This Article;
b) The implementation of the feasibility study report for compliance with national standards, national technical regulation for violation of regulatory behavior at Point 2 This Article;
c) The addition of the missing content to the specified violation behavior at Point 2 This Article;
d) To adjust the feasibility of the feasibility study in accordance with the approved process for the violation of the specified breach at Point 3 This Article.
What? 6. Administrative breach in the field of investment building construction
Administrative violations in the field of investment have construction of the work on surveys, design, construction of construction, construction of work, quality management, recovery, payment, investment project decisions that are subject to government regulation of treatment. It ' s a penalty of conduct in construction.
What? 7. Violation of the monitoring report, investment assessment
1. Penituation from 1,000,000 to 2,000,000 partners for one of the following acts:
a) The monitoring report, the investment assessment is not correct the specified deadline;
b) The monitoring report, an investment assessment is not fully content by regulation.
2. Penituation from 2,000,000 to $5,000,000 for one of the following acts:
a) Not to report monitoring, assessment of investment sent by state authority with regulatory authority;
b) Set up a monitoring report, evaluate the non-honest investment.
3. Measure remediation:
a) The addition of the missing content to the Supervisor Report, the investment assessment for the violation of the specified breach at Point 1 This Article;
b) To submit a monitoring report, an investment assessment for the state agency has jurisdiction over the behavior of regulations specified at Point 2 This Article.
What? 8. infringed on the management of the program, the project uses the official development support capital (ODA).
1. Penituate from 5,000,000 to 10,000,000 in one of the following acts:
a) No monitoring organization, evaluation of the process of implementation of the program, the ODA project by regulation;
b) Make the project slow compared to the process of regulation if not for objective reasons or events.
2. Money from 20,000,000 to 30,000,000 to the untrue project implementation of the content of the investment decision, the decision to approve the Program Office, the technical support project.
3. Measure remediation: Forcing the organization to monitor, evaluate the project by regulation of the prescribed violation at Point A 1 This Article.
What? 9. Violation of the report regime and provide information on the program, the ODA project.
1. Penitentiation from 1,000,000 to 2,000,000 partners for non-compliance with the results of the results report the results of the program, the ODA project sends the authority under the prescribed jurisdiction.
2. Penituation from 5,000,000 to 10,000,000 contracts for information provided by information, false documentation for the parties of the contract, the establishment and implementation of the program, the ODA project.
3. Measure remediation:
a) The report of the report to the state governing body has jurisdiction in accordance with the rule of law on the behavior of regulations in paragraph 1 This Article;
b) To provide information, accurate documentation for the parties to the contract, to advise and implement the program, the project for the behavior of regulations stipulated at paragraph 2 This.
Item 2
ADMINISTRATIVE VIOLATIONS IN THE FIELD OF INVESTMENT IN THE COUNTRY, FOREIGN INVESTMENT AND THE INVESTMENT OF VIETNAM ABROAD, THE FORM OF PUNISHMENT AND THE REMEDIATION OF THE CONSEQUENCES.
What? 10. Violation of investment regulations in Vietnam
1. Money from 5 million to 10,000,000 people on the conduct does not conduct a report on investment activity, monitoring reports, assessment of the investment project by regulation.
2. Penituation from 10,000,000 to 15,000,000 coins for non-honest reporting behavior on investment activity.
3. Free from 15,000,000 to 20,000,000 partners for one of the following acts:
a) A non-honest, non-honest investment project to be granted an investment certificate;
b) Make the project slow compared to the regulatory progress in the Certificate of Investment that is not approved by the state authority.
4. Money from 20,000,000 to 30,000,000 to one of the following acts:
a) No procedure of regulating the investment project under the rule of law;
b) Advance, the progress of the investment project, but not a written notice to the state governing body of investment;
c) No implementation of the termination of the investment project operation, the procedure for investment project liquoration.
5. Money from 30,000,000 to $50,000,000 for one of the following acts:
a) Not performing an investment activity in accordance with the specified content at the Investment Certificate;
b) Investment in the form of capital, purchase of shares, mergers, acquisitions of non-regulatory enterprises;
c) Transformation of investment form or investment capital transfer is not correct;
d) The project transfer is not correct.
6. Money from $50,000,000 to $70,000,000 for one of the following acts:
a) No procedure of investing in accordance with the rule of law;
b) Continue to deploy the project when it has been revoked the investment certificate;
c) Continue to deploy the project when the expiration of the activity period on the Certificate of Investment;
d) Do not implement the investment project after 12 (twelve) months without the approval of the competent state authority.
7. Money from $70,000,000 to $80,000,000 for the implementation of the implementation of the project when it is not granted a certificate of investment.
8. Measure corrects:
a) To make a report on investment activity; the monitoring report, assessment of the prescribed investment project for the behavior of regulations stipulated at 1 Article;
b) Forcing the procedure to adjust the investment project to the violation of the specified breach at Point 4 This Article;
c) To inform the state governing body for investment in violation of regulation at Point 4 This Article;
d) To implement the procedure of termination of the operation of the investment project, the prescribed liquation for the behavior of regulations stipulated at Point 4 This Article;
Forcing the procedure to renew the Certificate of Investment Certificate in violation of the specified breach at Point 6 This Article.
What? 11. Violate regulations on state capital use for investment, business and business.
1. Money from 30,000,000 to a 50,000,000 deal with one of the following acts:
a) Use of state capital to invest, capital, purchase of shares when not approved by the authority of the authority;
b) Change the investment project using state capital as it has not been approved by the state authority.
2. fined $50,000,000 to $70,000,000 for investment behavior, the business of using state capital wrong.
What? 12. Violation of regulations on investing abroad
1. Penituate from 5,000,000 to 10,000,000 in one of the following acts:
a) Not to implement a report regime on foreign investment activity by regulation;
b) No notification or notification of an investment project is not fully content by regulation.
2. Money from 20,000,000 to 30,000 000 coins for one of the following acts:
a) Do not perform the correct content of the specified content at the Investment Certificate;
b) Transfer of profit and income from the investment abroad in terms of non-regulatory water;
c) Non-transfer of capital and legal assets of water at the end of the project by regulation.
3. Money from 30,000,000 to 40,000,000 to one of the following acts:
a) The filing is not accurate, not honest to be granted a Certificate of Foreign Investment;
b) Use the proceeds from the foreign investment project to reinvest in that investment project itself when the investment certificate is not regulated by regulation;
c) Use the returns from a foreign investment project to invest in another overseas project without being granted a prescribed investment certificate.
4. Money range from 50,000,000 to 60,000,000 to one of the following acts:
a) The investment abroad is not granted by the state authority to grant the consent of the approved investment;
b) Transfer of capital investment abroad when it has not been granted an investment certificate or has not yet been approved by the state authority of the country to accept the approved investment;
c) The use of state capital to invest abroad is not correct.
5. Measure corrects:
a) To implement the prescribed investment report for the behavior of regulations specified at the Point of One Article
b) The correct implementation of the contents of the Certificate of Investment for the behavior of regulations stipulated at the Point 2 Article 2;
c) Forcing the registration of the Certificate of Investment Certificate against the specified violation behavior at Point 3 This Article;
d) To implement the investment procedure for violation of regulation at Point 3 This Article.
What? 13. Violation of investment incentives
1. Penitentiation from 10,000,000 to 15,000,000 coins for uninformed behavior with the state agency has jurisdiction when it does not meet the conditions of commitment to benefit investment. The case of prescribation for the benefit of the investment in violation of the law of taxes is applicable to the applicable law of conduct in the tax sector.
2. Penituation from 15,000,000 to 20,000,000 coins for uncorrect prescribation, not to be honest with the information needed to benefit investment.
3. Measure remediation: Forcing investment incentives has been unregulated for the behavior of regulations specified in Clause 1 and Clause 2 This.
What? 14. Violation of investment regulations in the form of construction contract-business-transfer (BOT), construction contract-transfer-business (BTO), construction contract-transfer (BT) and private partnership contract (PPP)
1. Money from 20,000,000 to 30,000,000 to one of the following acts:
a) Not to implement the guarantee contract implementation of the project contract;
b) The process value of the completed work value is not specified.
2. Money from 30,000,000 to $40,000,000 for the non-regulatory process transfer behavior.
3. Money from 40,000,000 to a 50,000,000 deal with the establishment, the examination of the content in the Feasibility Study Report is not correct.
4. Measures in remediation: Forcing a contract to implement a project contract for a violation of the specified breach at Point 1 This Article.
What? 15. Violation of the regulation on investment systems infrastructure infrastructure, manufacturing sector, high tech sector, economic zone
The organization, the individual whose behavior violates regulations on investment systems engineering infrastructure in the industrial zone, the manufacturing sector, the high tech sector, the economic zone is subject to regulation at Article 5, Article 6, Article 10, Article 11 and Article 13 of the Decree. Hey.
Section 3
BEHAVIORAL VIOLATIONS IN THE FIELD OF BIDDING, THE FORM OF PUNISHMENT AND THE REMEDIATION OF THE CONSEQUENCES.
What? 16. Violation of planning regulations
1. Penituation from 10,000,000 to 15,000,000 in one of the following acts:
a) Set, appraisal, approve of the untrue bidding plan, procedure and regulatory authority;
b) The approval plan is not fully content by regulation.
2. Penituation from 15,000,000 to 20,000,000 partners for one of the following acts:
a) Approving the contract form, method of bidding, the time of contract implementation is not consistent with the scale, the properties of the bid;
b) The approval form of the contractor selection is not correct.
3. Money from 20,000,000 to 30,000,000 to a subdividing behavior of unreasonable bids, does not meet the requirement for technical properties, the self-execution, the rationing of the project resulting in the reduction of competition in bidding.
4. In addition to the prescribed penalty in Clause 1, Clause 2 and Clause 3 This, the organization, the individual violation is also posted in the bidding newspaper and the electronic information page on the bidding.
What? 17. Violation of the regulations on the tender filing, the required filing
1. Penituation from 10,000,000 to 15,000,000 in one of the following acts:
a) Non-organizing the request for a bid, the filing requested prior to approval;
b) Approve the tender invitation profile, the required file is not correct in accordance with the regulation.
2. Penituation from 15,000,000 to 20,000,000 coins for non-regulation behavior in the filing invitations the use of domestic labor on international bidding packages.
3. Money from 20,000,000 to 30,000,000 to one of the following acts:
a) In terms of the prerequisc conditions to remove the bids, the proposed profile is not consistent with the regulation, which limits the participation of the contractor;
b) Please specify the invitation case assessment criteria, the required record that is not specified or not in accordance with the scale, the technical nature of the bid.
4. Money from 30,000,000 to $40,000,000 for the approval of the tender filing, the filing requires that it is not appropriate for the bid plan to be approved in the form of the contractor selection, the bidding method, the contract form, the contract period. Yeah.
5. In addition to the prescribed penalty in Clause 1, Clause 2, Clause 3 and Clause 4 This, the organization, the individual violation is also posted in the bidding newspaper and the electronic information page on the bidding.
What? 18. Violate regulations on bidding organization
1. Money from 5,000,000 to 10,000,000 coins for non-issue of the conduct of the bid, the requested record, the preliminary invitation record, the invitation profile for the contractor in time, the location stated in the bid announcement, the invitation to the invitation, the letter. Come on, come on.
2. Penituation from 10,000,000 to 15,000,000 in one of the following acts:
a) To receive and manage the bids, the proposed record is not correct;
b) Close, untimely bids specified in bids;
c) Not sending a bid compiled for the contractor by regulation;
d) Do not announce the tender bidding results.
3. Penituation from 15,000,000 to 20,000,000 coins for a bid to evaluate bids, appraisal, approval of the bid results beyond the specified time period.
4. Money from 20,000,000 to 30,000,000 to one of the following acts:
a) No appraisal of bidding results before approval;
b) The approval of the tender results is not full of content, not the correct jurisdiction;
c) Approval of the bid results is not consistent with the approved bidding plan content.
5. Money from 30,000,000 to 40,000,000 to one of the following acts:
a) Assessment of the bids, the proposed record is not correct in accordance with approved assessment criteria that mislead the contractor selection results;
b) Allow the contractor to clarify the draft plan that led to a change in the underlying content of the submitted bids submitted or changed the bid price;
c) The contract and signing of the contract is not consistent with the tender invitation profile, the requested record and the approved bid results;
d) Do not require the contractor to submit a bid to submit a contract implementation or accept to the contractor to submit a non-regulatory contract implementation.
6. In addition to the prescribed penalty in Clause 1, Clause 2, Clause 3, Clause 4 and Clause 5 This, the organization, the individual violation is also posted on the bidding newspaper and the electronic information page on the bidding.
What? 19. Other administrative violations of bidding
1. Penituation of between 1,000,000 and 5,000,000 partners for one of the following acts:
a) Not to post the information about the bidding;
b) Posted information about the incomplete bidding content, not enough number of registration;
c) Register the information about the non-competent tender pursuits;
d) The organization carried out the posting of information about the non-regulation bidding.
2. Penituate from 5,000,000 to 10,000,000 in one of the following acts:
a) The establishment of the Contracting Organization is not qualified by regulation;
b) Not reimbursable or unreimbursable the bid for the contractor by regulation;
c) The expense of the expenses in the bidding is not specified.
3. Money from 10,000,000 to 15,000,000 for non-execution or execution of the undue process of cancellation, suspension, does not recognize the result of the contractor selection.
4. Fines from 15,000,000 to 20,000,000 people on unhandled behavior or the handling of the petition in the unregulated bid.
5. Measure corrects:
a) Forcing or discharges of the guarantee of a bid for the contractor in accordance with the conduct of the specified breach at Point 2 This Article;
b) The return of the uncorrect receivables to the violation of the specified violation at Point 2 This Article.
Section 4
ADMINISTRATIVE VIOLATIONS IN THE BUSINESS REGISTER SECTOR OF THE BUSINESS, BUSINESS HOUSEHOLDS, COOPERCOOPERATION, COOPERATIVE ASSOCIATION, FORM OF PUNISHMENT AND THE REMEDIATION OF THE CONSEQUENCES.
What? 20. Violation of the registration of business registration records
1. Money from 10,000,000 to 15,000,000 coins for non-honest, untrue manifest behavior in the case:
a) Corporate establishment;
b) Register for business registration content;
c) Register the operation of the branch, representative office, business location;
d) Register changes in branch activity registration, representative office, business location;
Registration of the business;
e) The announcement to end branch operations, representative office, business location;
g) suspend business.
2. Measure remediation: Forcing the registration of change and reinterprets of business information that prescribes untrue, inexact.
What? 21. Violation of registration deadline changes in business registration content
1. Penituation from 1,000,000 to 2,000,000 dollars for registration behavior changes the business registration content is not on the specified deadline.
2. Money from 2,000,000 to 5 million coins for non-registered behavior change the business registration content after 10 days from the date of the decision to change.
3. Measure remediation: Forcing the change of business registration content in accordance with the behavior of the regulations stipulated at paragraph 2 This.
What? 22. Violation of the regulation of business registration content
1. Money from 1,000,000 to 2,000,000 partners for non-published behavior or untimely publication of the regulation of business registration content on the National Enterprise Registration Portal by regulation.
2. Measure remediation: Forced to publish business registration content on the National Enterprise Registration Portal by regulation.
What? 23. Violation of corporate establishment regulations
1. Penituate from 5,000,000 to 10,000,000 in one of the following acts:
a) Continue operation when the activity deadline is ended in the Charter that is not renewed;
b) Do not contribute to the number of registered capital.
2. Penituation from 10,000,000 to 20,000,000 coins for the behavior does not contribute to the amount of capital as registered.
3. Money from 25,000,000 to 30,000,000 to one of the following acts:
a) Try to price the assets that contributes to the actual value of the actual value;
b) Business under the name of the business when it has been revoked the Business Registration Certificate or has dissolved;
c) Business in the form of a business without registering to establish a business.
4. Measure corrects:
a) The registration of the activity extension to the violation of the specified breach at the Point of One Article:
b) The registration of regulatory capital reduction in regulation to the two-member limited liability company or to force the sufficient amount of capital as registered to other types of business has a stipulated violation of the provisions of Article 2;
c) to revaluation the assets that are contributing to the violation of the specified breach at Point 3 This Article;
d) To register the business establishment for the violation of the specified breach at Point 3 This Article.
What? 24. Violation of the registration of the founder of the business
1. Penalty from 5,000,000 shares to 10,000,000 shares of a registered partnership of LLC a member, private enterprise owner, LLC member, capital member, honorary member, founding member, shareholder founding member is personally, organized by the rule of law that is not entitled to the establishment of a business.
2. Measure remediation: Forced Registration changes to membership, capital member, member-of-name, founding shareholder is personal, regulatory organization.
What? 25. Violations of the business, the profession is not in the Business Registration Certificate
Fines from 15,000,000 to 20,000,000 were in the business of business, the profession was not included in the Business Registration Certificate.
What? 26. Violation of the regulation of private enterprise Director
1. Penituation from 10,000,000 to 15,000,000 people on the behavior of hiring others as the Director of Private Enterprise but not registered.
2. Measure remediation: Forcing the registration of the Director.
What? 27. Violation of registration of membership changes
1. Money from 15,000,000 to 20,000,000 partners for non-registered behavior change membership in the prescribed term since the date of the final commitment to the rule of law.
2. Measure remediation: Forcing the registration of membership changes according to the actual capital results of the company members.
What? 28. Violation of the regulation of the required implementation of the business register agency
1. Penituation from 15,000,000 to 20,000,000 in one of the following acts:
a) Continue business, business is conditional on a request for a temporary request from the Provincial Business Registry;
b) Do not register to change the name of the business at the request of the Provincial Business Registry for a business case whose name inventers the right of industrial ownership protection under the rule of law.
2. Measure remediation: Forcing the registration of the name change in accordance with the rule of law on the behavior of the specified violation at the point b 1 This Article.
What? 29. Violation of the report regime
1. Penituation of between 1,000,000 and 5,000,000 partners for one of the following acts:
a) A private enterprise rental but no written report accompanying the lease has the evidence to the Provincial Business Registry and the Tax Authority;
b) Do not submit a financial report on a specified deadline.
2. Measure remediation: Forcing the report to the state governing body by regulation.
What? 30. Violation of the regulation of notification for Provincial Business Registry
1. Penituation from 1,000,000 to 2,000,000 partners for one of the following acts:
a) No written notice in the statute of limitations of time and time of business pause or continuing business in accordance with the rule of law;
b) No written notice in the statute of limitations on the change of the assets of a company member's capital;
c) Not to announce the equity contribution in the specified deadline since the date of the business registration certification;
d) No notification or notification is not correct on the sale of private enterprise;
) Not to send or send no deadline for the specified notice or replace the authorized representative for the limited liability company;
e) Do not announce the results of a written capital contribution in the statute of limitations following each of the capital contributions in accordance with the commitment.
2. Measure remediation: Forcing the notification to the Provincial Business Registry of the prescribed content.
What? 31. Violation of the regulation of representative under the law of the business
1. Penituation from 10,000,000 to 15,000,000 in one of the following acts:
a) The representative of the law of the non-resident business in Vietnam;
b) The legal representative of the business is absent in Vietnam for over 30 days without the authorization of writing to others to exercise his rights and obligations.
2. Measure corrects:
a) Forced Registration of the person residing in Vietnam as a representative in accordance with the laws of the business on the behavior of the regulations specified at the Point of One Article;
b) The authority to authorize a written mandate to another person or to register persons residing in Vietnam as a representative under the law on the behavior of the regulations stipulated at the point b 1 This Article.
What? 32. Other violations related to the organization, business management
1. Penituate from 5,000,000 to 10,000,000 in one of the following acts:
a) Not to conduct an annual shareholders ' Congress meeting in the regulatory period, since the date of the end of the fiscal year without the limited provincial business room;
b) The appointment of the person who is not allowed to manage the business holds the management functions;
c) The appointment of the Director (General Manager) the holding company does not have sufficient standards and conditions under the rule of law.
2. Penituation from 10,000,000 to 15,000,000 in one of the following acts:
a) Not granting a certificate of the part of the company membership by regulation;
b) Do not set up the membership register, the shareholder register as specified;
c) Not attached to the business name at the headquarters, branch, representative office of the business;
d) Not to store documents and seals at the headquarters in accordance with the rule of law.
3. Measure remediation:
a) To conduct the annual General Assembly of the Council of the East of the Annual General Assembly on a prescribed violation of the provisions of Article 1 Article 1 of this;
b) The dismissal of the administrator of the administrator is not allowed to manage the business for the behavior of the specified breach at the point b 1 This Article;
c) The dismissal of the title of Director (General Manager) of the holding company on the person who is not qualified and conditions, at the same time, appointed others to have sufficient standards and regulations on the prescribed violation of Article 1 Article 1 This Article;
d) To force a certificate of funding that contributes to a specified member of the prescribed violation of the specified breach at Point 2 This Article;
Forcing a membership register to be registered, the shareholder register as specified for the violation of the specified breach at Point 2 This Article;
e) Accusing the business name at its headquarters, branch, representative office of the business to the behavior of regulations specified at Point 2 This Article;
g) The retention of the document and the seal by regulation for the violation of the specified violation at Point 2 This Article.
What? 33. Regulation of Control Panel
1. A currency of 1,000,000 to 2,000,000 people on the conduct of the Board of Control is not correct or incomplete in accordance with the provisions of the law.
2. Penituate from 5,000,000 to 10,000,000 in one of the following acts:
a) A limited liability company has from 11 members back but does not establish the Control Board;
b) The holding company has on 11 shareholders who are personally or have a shareholder that owns over 50% of the company ' s shares but does not establish the Board of Control.
3. Measure remediation:
a) to reorganize the Board of Control in accordance with the provisions of the law on the conduct of the provisions of the provisions of this Article;
b) To establish a Code of Control under the rule of law on the behavior of regulations on Article 2 of this Article.
What? 34. Violation of the business dissolution
1. Money from 5 million to 10,000,000 people on the behavior of non-conducting procedures for the business of the dissolved cases under the rule of law.
2. Measure remediation: Forced to conduct enterprise dissolution procedures under the rule of law.
What? 35. Violation of the regulation of the establishment, end of branch operation, representative office, business location of the business.
1. Penituate from 5,000,000 to 10,000,000 in one of the following acts:
a) Business at the location without informing you with the Provincial Business Registry where the business performs business operations;
b) End the operation of the branch, representative office, business location but not informing the Provincial Business Registry.
2. Measure corrects:
a) To inform the location of a business location with the Provincial Business Registry or to end its business activities in that place for the behavior of regulations on the Point of One Article.
b) To inform the end of the operation of the branch, the representative office, the business location by regulation to the violation of the specified breach at Point 1 This Article.
What? 36. Violation of business registration regulations of business households
1. Penituation from 3,000,000 to 5,000,000 partners for one of the following acts:
a) Register of business more than one location;
b) Register business more than one business passport;
c) Do not report the business situation at the request of the district-level district business registry.
2. Penituation from 5,000,000 to a total of $7,000,000 for non-honest manifest behavior, does not exactly file a business passport registry or registration filing changes in the business of the business.
3. Measure remediation:
a) To report a business situation at the request of a district-level business registry to a violation of the specified breach at Point 1 This Article;
b) re-enumerate the untrue, untrue content of the contents of this Article 2 clause.
What? 37. Violation of the business pause of business passport
1. The warning or fines of between $500,000 and $1,000,000 for the conduct of a business suspended for more than 30 days without notice to the district-level business registry where the business has registered business and the direct management tax authority.
2. Penituation of 5 million to 10,000,000 coins for non-temporary conduct of industry business, the business is conditional on the requirements of the district-level district business registry where the business is registered.
3. Measure remediation: Forcing notification of a business pause for a district-level business registry and a direct management tax authority on the behavior of regulations stipulated at Clause 1 Article.
What? 38. Violation of registration of registration changes in business registration content
1. The warning or fines of between 500,000 and 1,000,000 people on the behavior change the business registration content without notice to the prescribed district business registry.
2. Measure remediation: Forcing notification of changing content to register business for a district-level business registry.
What? 39. Violation of the termination of the operation of business
1. The warning or fines of between $500,000 and 1,000,000 people on the behavior of ending business activity in the form of a business without notice or not to submit to the original Certificate of Business Registration for Business Registration Authority. The district.
2. Measure remediation: Forcing or submitting copies of the Certificate of Business Registration for the District Business Registry.
What? 40. Violate the business registration regulations of the cooperative, associate social cooperation and social cooperation.
1. The warning or fines of between 500,000 and 1,000,000 coins for one of the following acts:
a) Not to organize the annual membership of the cooperative, the cooperative association;
b) Do not set up a membership register after being granted a cooperative registration certificate, cooperative association.
2. Penituate from 5,000,000 to 10,000,000 in one of the following acts:
a) The manifest is not honest, not exactly the filing of the cooperative establishment, the cooperative association;
b) The operation is a cooperative, cooperative association, but no registration certification is established.
3. Measure remediation:
a) to organize the annual membership of the Member Congress on the behavior of violation of the provisions of this One Article;
b) To make a membership register for a specified violation of the specified breach at Point 1 This Article;
c) To register a cooperative, associate the cooperation with the violation of the specified breach at Point 2 This Article.
What? 41. Violation of registration regulations that are contributing to the cooperative, joint cooperative and social cooperation.
1. Penituate from 5,000,000 to 10,000,000 in one of the following acts:
a) Not enough and correct the number of registered capital;
b) Not to maintain a legal capital level for business cooperations, a business must have a legal capital;
c) Does not issue a capital certificate for a member of a cooperative or a member cooperative.
2. Penituation from 10,000,000 to 15,000,000 people on the behavior of a member who is a member of more than 20% of the total contribution of the cooperative; a cooperative partnership greater than 30% of the total contribution of the cooperative association.
3. Measure remediation:
a) To supplement sufficient funds as registered to the specified breach behavior at Point 1 This Article;
b) Accused a certificate of capital to a member of a cooperative or a member commune for a violation of the specified breach at Point 1 This Article;
c) The reregulation of the rate of capital that contributes to the behavior of the regulations stipulated at paragraph 2 This.
What? 42. Violation of regulations on changes in cooperative registration, social cooperation, and cooperation.
1. The warning or fines of between 500,000 and 1,000,000 coins for one of the following acts:
a) Non-registration or registration is not valid on time or notification of changes in cooperative registration, cooperative association;
b) Do not register to change the name of the cooperative when changing the industry, the business profession to form the cooperative name, the cooperative association.
2. Penituate from 5,000,000 to 10,000,000 in one of the following acts:
a) Subscription is not true, not exactly the changes in the content of the cooperative registration, the cooperative association;
b) Continue to business in the time of the cooperative, the cooperative coalition announced a hiatus.
3. Measure remediation: Forced Registration Of A Cooperative Registration Certificate, a cooperative association for violation of regulation at Clause 1 and Point 2 This.
What? 43. Violate regulations on the information public information of the cooperative, associate social cooperation.
1. The warning or fines of between 500,000 and 1,000,000 people on the behavior do not publish the prescribed information.
2. Measure remediation: Forcing the correct implementation of the law of information publicly.
What? 44. Violate regulations on reorganization of cooperative cooperative, social cooperation union.
1. The warning or fines of between $500,000 and 1,000,000 shares of the split, separate, merge, unregulated merger.
2. Measure in remediation: Forcing the organization to cooperate, associate the prescribed commune.
What? 45. Violation of the regulations on branch activity registration, representative office and business location of the cooperative, associate social cooperation, and social cooperation.
1. The warning or fines of between 500,000 and 1,000,000 coins for one of the following acts:
a) Register the branch address, the representative office, the business location is not on the administrative map;
b) Register the branch address, the representative office, the business location that is not in the ownership or the right to use of its legal use.
2. Penituation of 5 million to 10,000,000 coins for non-honest registration, does not exactly change the registration content of the branch, representative office, business location.
3. Measure remediation: Forcing the registration of a Registered Contracting Certificate for infringed behavior at Clause 1 and Clause 2 This.
THE AUTHORITY TO PUNISH THE ADMINISTRATIVE BREACH
What? 46. The trial authority of the Inspector of Planning and Investment
1. Ombudman, who is assigned to the task of specialized inspection in the enforcement of the right:
a)
b) Free to $500,000.
2. Chief Inspector of the Department of Planning and Investment, Head of the Department of Professional Inspectors
a)
b) Free to $25,000,000 in violation of business registration; fines of up to $75,000,000 in violation of investment, bidding;
c) Apply the remediation measures prescribed at this Decree Act II.
3. Chief Inspector of the Department of Planning and Investment Department has the right:
a)
b) Free to $30,000,000 in violation of business registration; fines of $80,000,000 in violation of investment violations, bid;
c) Apply the remediation measures prescribed at this Decree Act II.
4. Chief Inspector of the Department of Planning and Investment:
a)
b) Free to $30,000,000 in violation of business registration; fines of $80,000,000 in violation of investment violations, bid;
c) Apply the remediation measures prescribed at this Decree Act II.
What? 47. The sanctions authority of the People ' s Commission
1. The Chairman of the Committee on the Social People ' s Commission has the right:
a)
b) Free to go to $5,000,000.
2. The chairman of the District People ' s Commission has the right to:
a)
b) Free to $25,000,000 in violation of business registration; fines of up to $75,000,000 in violation of investment, bidding;
c) Apply the remediation measures prescribed at this Decree Act II.
3. The chairman of the Provincial People ' s Commission has the right:
a)
b) Free to $30,000,000 in violation of business registration; fines of $80,000,000 in violation of investment violations, bid;
c) Apply the remediation measures prescribed at this Decree Act II.
What? 48. The trial authority of other agencies
The Public Security, Customs, Taxation, Specialized Inspectors and other agencies within the range of functions, duties, powers assigned if the detection of administrative violations in the field of planning and investment are entitled to sanctipability violations. according to the provisions of Article 39, Article 42, Article 44 and Article 46 of the Administrative Violation Law and the provisions of this decree.
The penal jurisdiction of the titles prescribed at Article 46, Article 47, and Article 48 of this decree is the authority applicable to an administrative violation of the organization; in the case of fines, the authority to punish the individual by 1/2 (part). The trial of the organization.
What? 50. The authority to compile administrative violations
1. regulatory titles at Article 46, Article 47 and Article 48 of this decree and the competent authorities on the task of finding the administrative breach in the field of planning and investment are entitled to compile the administrative violation of the administrative violation. regulation.
2. The Chief of the Inspector General of Planning and Investment when the discovery of a violation of an administrative breach of the administrative breach, if overtaking the jurisdiction is to move the border to the person with the authority to conduct the sanctions on its own rules. the law.
EXECUTION CLAUSE
The decree has been in effect since 1 January 2014 and replaced the Protocol No. 1. 53 /2007/ND-CP April 4, 2007 of the Government rules the sanctions penalty in the field of planning and investment and the U.S. Digital Protocol. 62 /2010/NĐ-CP June 04, 2010 by the Government amended, adding some of the provisions of the Digital Protocol. 53 /2007/ND-CP April 4, 2007 of the Government of the Government of the United States rules the sanctions on the field of planning and investment.
Ministers, peer-to-peer agencies, government ministers of the Government, Chairman of the Provincial People's Committee, the Central City of the Central Committee and the agencies, organizations, individuals involved in the execution of this decree ./.
TM. THE GOVERNMENT. |
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Prime Minister |
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(signed) |
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Dao Dung |
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