The Decree 155/2013/nd-Cp: Regulations Sanctioning Administrative Violations In The Field Of Planning And Investment

Original Language Title: Nghị định 155/2013/NĐ-CP: Quy định xử phạt vi phạm hành chính trong lĩnh vực kế hoạch và đầu tư

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The DECREE regulating the sanctioning administrative violations in the field of planning and investment _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ based on Government Organization Law of 25 December 2001;
The base of law handling administrative violations on June 20, 2012;
Pursuant to the law of business on November 29, 2005;
Pursuant to the law on investment of 29 November 2005;
Pursuant to the law on tenders of 29 November 2005;
Pursuant to the law building on November 26, 2003;
Pursuant to the law amending and supplementing some articles of the Law concerning the basic construction investment on June 19, 2009;
Pursuant to the law on cooperatives, 11 20th, 2012;
According to the recommendation of the Minister of planning and investment;
The Government issued the Decree sanctioning administrative violations in the field of planning and investment, chapter I GENERAL PROVISIONS article 1. Scope 1. This Decree regulates the administrative violations, fines, penalties, remedial measures, the authority to establish the minutes of administrative violations and the authority sanctioning administrative violations in the field of planning and investment.
2. administrative violations in the field of planning and investment regulations in this Decree includes the following acts: a) the violation of regulations in the field of investment using state capital;
b) violation of rules in the field of domestic investment, foreign investment and investment of Vietnam;
c) violation of rules in the field of procurement management;
d) violation of rules in the field of business registration for business, households and business, cooperatives, the Cooperative Union.
3. other administrative violations in the field of planning and investment has not yet been regulated in this Decree shall apply to the provisions in the Decree of the Government on sanctioning administrative violations in the field of management of the State concerned.
Article 2. Sanctioned object the object of this Decree apply include organization, Vietnam and foreign individuals have administrative violations in the field of planning and investment.
Article 3. Sanctions and remedial measures 1. For each administrative violations, organizing, personal offense suffered one of the sanctions: a) caution;
b) fine.
2. Depending on the nature and extent of the violation, the Organization, individuals are applied infringe one or more remedial measures specified in the articles of chapter II of this Decree.
Article 4. Fines in the field of planning and investment of fines stipulated in chapter II of this Decree are the fines applicable to the organization. The same violations, fines for individuals and households by 1/2 (part two) fines for the organization.
Chapter II the ADMINISTRATIVE VIOLATION, SANCTIONS and REMEDIAL MEASURES section 1 ADMINISTRATIVE VIOLATIONS in the FIELD of INVESTMENT USING STATE CAPITAL, SANCTIONS and REMEDIAL MEASURES article 5. Violation of the regulations on feasibility study report (investment, technical-economic report for the project construction) 1. A fine from 5,000,000 VND to 10,000,000 VND for one of the following behaviors: a) do not comply with the order and procedure for establishing and evaluating feasibility study report;
b) does not comply with the order, the procedure and conditions regulate investment projects.
2. A fine from 10,000,000 to 15,000,000 VND VND for one of the following behaviors: a) estimating, billing, settlement cost feasibility study reports incorrect unit cost norms as prescribed;
b) feasibility study reports do not match the scale of the project group as specified;
c) feasibility study reports not consistent with national standards, national technical regulation;
d) feasibility study reports incomplete content according to the rules.
3. A fine fellow to fellow 20,000,000 15,000,000 words for one of the following behaviors: a) feasibility study reporting no in planning or not yet approved by the authorized complement of planning;
b) feasibility study reports not true according to the approved plan.
4. remedial measures: a) Forced to refund the expenses were increased due to the estimating, billing, settlement, cost feasibility study reports incorrectly prescribed for violations of the provisions of art. 2 of this Thing;
b) forced the adjustment of feasibility study reports for compliance with national standards, national technical regulation for violations specified in point c of Paragraph 2 of this Article;
c) forced the addition of missing content for violations specified in point d of Paragraph 2 of this Article;
d) forced the adjustment of feasibility study report in accordance with the approved plan for the violations specified in point b of Paragraph 3 of this article.
Article 6. Administrative violations in the field of investment are construction Of administrative violations in the field of construction investment about the survey, design, construction supervision, construction, testing, quality management, billing, settlement projects were sanctioned under the provisions of the Government on sanctioning administrative violations in the construction activities.
Article 7. Breach of the monitoring reports, evaluation of investment 1. A fine from 1,000,000 to 2,000,000 VND VND for one of the following behaviors: a) the surveillance reports, reviews of investments not prescribed deadlines;
b) surveillance reports, insufficient investment rating content according to the rules.
2. A fine of 2,000,000 to 5,000,000 đồng VND from for one of the following behaviors: a) Not set up surveillance report, reviews the investment sent competent State agencies as prescribed;
b) surveillance reports, reviews of dishonest investment.
3. the remedial measures: a) Forcing additional missing content on the monitoring report, reviews the investment for violations specified in point b of Paragraph 1 of this article;
b) Forcing the monitoring report, reviews the investment for the competent State agencies for violations of the provisions of art. 2 of this Thing.
Article 8. Breach of the management of the programme, projects using funds official development assistance (ODA) 1. A fine from 5,000,000 VND to 10,000,000 VND for one of the following behaviors: a) Does the Organization monitor, reviews of program implementation, ODA projects as specified;
b) project implementation is slow compared to the tempo prescribed if not for objective reasons or unforeseen events.
2. A fine of 20,000,000 30,000,000 for the copper to copper acts improperly the project content in investment decisions, approval decision documents program, technical assistance projects.
3. the remedial measures: forced monitoring organization, reviews the project according to the prescribed for violations of the provisions of art. 1 of this article.
Article 9. Breach of the reporting regime and provide information with respect to the program, the ODA project 1. A fine from 1,000,000 to 2,000,000 VND VND for acts of non-compliance reporting the results of the program, ODA projects submitted the competent authority according to the regulations.
2. A fine of 5,000,000 10,000,000 for copper to copper acts provide information, false documents for the parties to the contract, consulting and program implementation, ODA projects.
3. the remedial measures: a) Compel reporting submitted to the State Agency has the authority under the provisions of the law for violations of the provisions of Paragraph 1 of this article;
b) Compel provision of information, accurate documentation for contract parties, consultancy and implementation of programs and projects for violations of the provisions in paragraph 2 of this Article.
Section 2 ADMINISTRATIVE VIOLATIONS in the FIELD of DOMESTIC INVESTMENT, FOREIGN INVESTMENT and INVESTMENT of VIETNAM ABROAD, SANCTIONS and REMEDIAL MEASURES article 10. Violation of the regulations on investment in Vietnam 1. A fine from 5,000,000 VND to 10,000,000 VND for acts not performed report on investment activity, monitoring reports, evaluation of investment projects according to the regulations.
2. A fine from 10,000,000 to 15,000,000 VND VND for dishonest reporting behavior of investment activities.
3. A fine fellow to fellow 20,000,000 15,000,000 words for one of the following behaviors: a) the establishment of investment projects, not exactly to be granted investment certificates;
b) project implementation is slow compared to the tempo set in the investment certificates without authorized State agency approvals.
4. A fine of 20,000,000 30,000,000 VND to Board for one of the following behaviors: a) does not make the adjustment procedure of investment projects in accordance with the law;
b) suspension, relaxing the progress of investment projects but not notified in writing to the State Management Agency of investment;
c) not implemented procedures to terminate the operation of investment projects, the procedures for liquidation of the investment project.
5. A fine of 30,000,000 50,000,000 copper to copper for one of the following behaviors: a) does not perform investment activities in accordance with the content specified in the certificate of investment;
b) investment in the form of capital contribution, purchase of shares, merger, acquisitions are not properly regulated;
c) conversion form of investment or transfer of investment capital not properly regulated;
d) project not properly regulated.
6. Fine fellow to 50,000,000 70,000,000 Council for one of the following behaviors: a) does not make investment procedures as prescribed by law;
b) continue to implement the project when the certificate has been revoked;
c) continue to implement the project after expiry of the activity recorded on the certificate of investment;
d) does not implement projects after 12 (twelve) months without the consent of the competent State bodies.
7. Fine fellow to 70,000,000 80,000,000 contract for implementing behavior when the project has not yet been granted investment certificates.
8. remedial measures: a) enforce report on investment activities; the monitoring report, investment project assessment under prescribed for violations of the provisions of Paragraph 1 of this article;
b) Force adjustment procedure implementation project for violations specified in point a of this clause 4;
c) Forcibly sent to notify State regulators on investment for violations specified in point b of this clause 4;

d) enforce the procedure to terminate the operation of investment projects, the rule for violations specified in point c of paragraph 4 of this Article;
DD) enforce procedures for renewal of the certificate of investment for violations specified in point c of Paragraph 6 of this Article.
Article 11. Violation of the regulations on the use of State capital to invest, business 1. A fine of 30,000,000 VND to 50,000,000 Council for one of the following behaviors: a) using state capital to investments, capital contribution, purchase of shares when the competent authority has not yet been approved;
b) change investment projects using state capital when not yet competent State agency approvals.
2. A fine of from copper to copper 70,000,000 50,000,000 for the behavior of investment, business using state capital wrong purposes.
Article 12. Violation of the regulations on investment abroad 1. A fine from 5,000,000 VND to 10,000,000 VND for one of the following behaviors: a) Not done reporting about overseas investment activities according to regulations;
b) No notice or notice of implementation of investment project is not complete the prescribed content.
2. A fine of 30,000 to copper copper 000 20,000,000 for one of the following behaviors: a) Not done properly the content specified in the certificate of investment;
b) transfer of profits and the earnings from the investment abroad about country regulations;
c) not transfer of capital and the legal property of the country at the end of the project as specified.
3. A fine of 30,000,000 VND to 40,000,000 Council for one of the following behaviors: a) Created the profile is incorrect, dishonest to be granted investment certificates;
b) used the profits from the investment project abroad to reinvest in the political project that investment when the investment certificates have not been adjusted as prescribed;
c) Use the profits gained from the overseas investment projects to invest in other projects abroad that have not been granted investment certificates according to the regulations.
4. A fine of from 50,000,000 to 60,000,000 copper contract for one of the following behaviors: a) to invest abroad while not yet competent State agencies granting investment certificate of approval;
b) Transfer of capital abroad when not yet investment certificate or not yet competent State agencies of the country receiving the investment approvals;
c) using state capital to invest abroad are not properly regulated.
5. remedial measures: a) enforce investment report as prescribed for violations of the provisions of art. 1 of this article;
b) enforce strictly the content of investment certificates for violations specified in point a of Paragraph 2 of this Article;
c) Forced registration of investment certificates adjustment for violations specified in point b of Paragraph 3 of this article;
d) enforce the investment procedure for violations specified in point c of Paragraph 3 of this article.
Article 13. Violation of the regulations on investment incentives 1. A fine from 10,000,000 to 15,000,000 Board Council for acts not to report back to the competent State agencies when not meet the conditions to be entitled to investment incentives. The event declaration to enjoy investment incentives have violated tax legislation shall apply the measures sanctioning administrative violations in the field of taxation.
2. A fine of up to 20,000,000 15,000,000 VND VND for the behavior Declaration is incorrect, dishonest information needed to enjoy investment incentives.
3. the remedial measures: Forcing repaid the investment incentives has enjoyed not properly prescribed for violations of the provisions of paragraph 1 and Paragraph 2 of this Article.
Article 14. Breach of rules on investment in the form of construction contract-business-transfer (BOT), build-transfer-business (BTO), build-transfer (BT) and public private partnership contract (PPP) 1. A fine fellow to fellow 30,000,000 20,000,000 words for one of the following behaviors: a) not implemented measures to ensure the implementation of project contract according to the regulations;
b) established the settlement profile the value of works completed are not properly regulated.
2. A fine of 30,000,000 VND to 40,000,000 Council transferring behavior with respect to the work not specified correctly.
3. Fine fellow to fellow 50,000,000 40,000,000 for the behavior, examine the contents of the report feasibility studies are not properly regulated.
4. remedial measures: forcing the implementation of measures to ensure the implementation of project contract for the violations stipulated in art. 1 of this article.
Article 15. Breach of rules on investment in infrastructure systems of industrial zones, export processing zones, hi-tech economic zones, organizations, individuals with violations of the regulations on investment of infrastructure systems engineering in industrial zones, export processing zones, hi-tech zone, economic zones then sanctioned under the provisions of article 5 , Article 6, article 10, article 11 and article 13 of this Decree.
Section 3 ADMINISTRATIVE VIOLATIONS in the FIELD of PROCUREMENT, SANCTIONS and REMEDIAL MEASURES article 16. Violate the rules of the bidding plan 1. A fine from 10,000,000 to 15,000,000 VND VND for one of the following behaviors: a), appraisal, approval of the plan is not in the right sequence, procedure and jurisdiction as specified;
b) approval of the plan is not complete the prescribed content.
2. A fine of up to 20,000,000 15,000,000 VND VND for one of the following behaviors: a) approval of the form of contract, method of tender, contract duration not matching the scale, the nature of the package;
b) approved contractor selection forms are not properly regulated.
3. A fine fellow to fellow 30,000,000 20,000,000 words for acts subdivided into the scale of the package are not reasonable, does not meet the requirements of a technical nature, the order made, synchronization of the project lead to reduced competitiveness in the bidding.
4. In addition to sanctions prescribed in paragraph 1, paragraph 2 and Paragraph 3 of this article, the Organization, the individual breach is also being posted on the bidding papers and electronic information page about bidding.
Article 17. Violation of the regulations on bidding, records requested 1. A fine from 10,000,000 to 15,000,000 VND VND for one of the following behaviors: a) Does the Organization bid evaluation, records requested prior approval;
b) approval of the bid, the required profile improperly prescribed authority.
2. A fine of up to 20,000,000 15,000,000 VND VND for the behavior is not specified in the tender of employers in the country for the international tender package.
3. A fine fellow to fellow 30,000,000 20,000,000 words for one of the following behaviors: a) Outlined the prerequisites to remove tenders, records don't match the rule, limiting the participation of contractors;
b) Outlined the standard bid evaluation, records requested are not prescribed or does not match the scale of the engineering properties of package.
4. A fine of 30,000,000 VND to 40,000,000 Council for approval to conduct bidding, records the request does not conform with the approved procurement plan on the form, the contractor selection method of tender, contract forms, duration of the contract.
5. In addition to sanctions prescribed in paragraph 1, item 2, paragraph 3 and paragraph 4 of this article, the Organization, the individual breach is also being posted on the bidding papers and electronic information page about bidding.
Article 18. Violating the rules of tender 1. A fine from 5,000,000 VND to 10,000,000 VND for acts not release bid, records request, selected documents, of interest to the contractor in accordance with the time and the place indicated in the tender notice, notice inviting applicants, tender invitation, announcement offerings.
2. A fine from 10,000,000 to 15,000,000 VND VND for one of the following behaviors: a) to receive and manage bids, the proposed profile improperly prescribed;
b) Close, opening bid is not the right time specified in the tender;
c) does not send the minutes of opening the tenders to contractors under the regulation;
d) Not to announce the bidding results according to the rules.
3. A fine of 15,000,000 20,000,000 for copper to copper acts reviews bids, evaluation, approval of the bidding results exceed the allotted time.
4. A fine of 20,000,000 30,000,000 VND to Board for one of the following behaviors: a) Does the organization assess the bidding results prior to approval;
b) approving the bidding results incomplete content, improperly prescribed jurisdiction;
c) to approve the tender result does not match the content of the plan.
5. A fine of 30,000,000 VND to 40,000,000 Council for one of the following behaviors: a) evaluate tenders, records suggest not correct according to the criteria approved falsified the results of selection of contractors;
b) allows contractors to clarify tenders led to alter the basic content of the submitted tenders or alter the bid price;
c) negotiate and contract does not match bid the required records, and the bidding results are approved;
d) does not require contractors to submit the winning bid guarantees contract execution or acceptance for the contractor submit the guarantee made improper contract regulations.
6. In addition to sanctions prescribed in paragraph 1, item 2, Item 3, clause 4 and Clause 5 of this article, the Organization, the individual breach is also being posted on the bidding papers and electronic information page about bidding.
Article 19. Other administrative violations of tender 1. A fine from 1,000,000 to 5,000,000 đồng VND for one of the following behaviors: a) Not post information on tenders;
b) posting information on a tender isn't adequate, not enough number of weekly post;
c) posting information on tender vires as prescribed;
d) organization post information about improper bidding rules.
2. A fine of 5,000,000 VND to 10,000,000 VND for one of the following behaviors: a) establishing expert bidding incompetent as prescribed;
b) not refund or relief secured bids for contractors under the regulation;
c) Currency the expenses in improper bidding rules.

3. A fine from 10,000,000 to 15,000,000 Board Council for acts not done or done incorrectly rules of cancellation, suspension, did not recognize the results of choosing contractors.
4. A fine fellow to fellow 20,000,000 15,000,000 words for acts not treated or handled improperly bidding in recommendations.
5. remedial measures: a) Forced to refund or reduce guaranteed bid to the contractor according to the regulations for violations specified in point b of Paragraph 2 of this Article;
b) Forced to reimburse revenues improperly prescribed for violations specified in point c of Paragraph 2 of this Article.
Section 4 of ADMINISTRATIVE VIOLATIONS in the FIELD of BUSINESS REGISTRATION of BUSINESSES, HOUSEHOLDS and business, cooperatives, COOPERATIVE ASSOCIATION, SANCTIONS and REMEDIAL MEASURES article 20. Violation of provisions on Declaration of business registration records 1. A fine from 10,000,000 to 15,000,000 VND VND for dishonest Declaration behavior, not exactly in the case: a) register the establishment of businesses;
b) subscribe change subscription content;
c) registration of branches and representative offices, places of business;
d) subscribe change subscription content operations branch, Representative Office, business location;
DD) registration of dissolution;
e) notice of termination of activity of representative office, branch, location of business;
g) announced suspension of trading.
2. remedial measures: Forcing change of registration and report back the information business has declared dishonest, incorrect.
Article 21. Violation of regulations on the duration of registration registration content changes of business 1. A fine from 1,000,000 to 2,000,000 copper copper for registration behavior change content subscription business does not properly defined period.
2. A fine of 2,000,000 to 5,000,000 đồng VND from for acts not registered register content changes after 10 business days from the date the decision changed.
3. the remedial measures: Forcing the change of registration contents prescribed business registration for violations of the provisions in paragraph 2 of this Article.
Article 22. Breach of rules on content published register of enterprises 1. A fine from 1,000,000 to 2,000,000 VND VND for acts not published or non-published deadlines prescribed business registration content on the portal to national business registration according to the rules.
2. remedial measures: forced to publicize the content of the business register on the portal to national business registration according to the rules.
Article 23. Violation of the regulations on business start-up 1. A fine from 5,000,000 VND to 10,000,000 VND for one of the following behaviors: a) continue to function when the time limit has ended activities recorded in the Charter that are not renewed;
b) does not contribute to the registered capital in time.
2. A fine from 10,000,000 20,000,000 for copper to copper acts do not contribute enough capital as subscribed.
3. A fine fellow to 30,000,000 VND 25,000,000 words for one of the following behaviors: a) intentionally property valuation, which is not true of the actual value;
b) trading under the name of the business when it has been revoked certificate of registration of business or have already disbanded;
c) business in the form of business that do not register established businesses.
4. remedial measures: a renewal registration Required) for violations of the provisions of art. 1 of this article;
b) forced the capital reduction registration according to the rules for limited liability company two members or forced enough of the capital have registered for the other business types of violations specified in clause 2 of this Thing;
c) forced the revalued assets capital contribution for violations specified in point a of Paragraph 3 of this article;
d) forced the register established businesses for violations of the provisions of Point c of Paragraph 3 of this article.
Article 24. Violation of regulations on registering the business start-up 1. A fine from 5,000,000 VND to 10,000,000 VND for the behavior registered owner limited liability company a member, private business owners, members of limited liability companies, which members of members, shareholders are individuals, organized under the provisions of the law are not entitled to establish the business.
2. remedial measures: Forcing changes to the registration of members, members, members, founders as individuals, organized according to the rules.
Article 25. Infringe on the business lines not in business registration certificate to a fine from the copper to 20,000,000 15,000,000 VND for lines of business behavior is not in the business registration certificate.
Article 26. Violation of regulations on the hiring of private business Director 1. A fine from 10,000,000 to 15,000,000 VND VND for the behavior of other people hire the Director of private enterprise but not registered.
2. remedial measures: Forcing additional registration Director.
Article 27. Violation of regulations on registering change of members 1. A fine fellow to fellow 20,000,000 15,000,000 words for acts not registered membership changes within a period prescribed from the date of the last capital contribution commitments under the provisions of the law.
2. remedial measures: Forcing registered members change according to which the fact of the Member companies.
Article 28. Violation of regulations on the implementation of the Agency's requirements of business registration 1. A fine fellow to fellow 20,000,000 15,000,000 words for one of the following behaviors: a) continued the business lines business condition when requesting a pause of provincial business registration office;
b) does not register the change of name of the business at the request of the provincial business registration office for companies with the name infringe industrial property protection rights under the provisions of the law.
2. remedial measures: Forcing registration change of name in accordance with the provisions of the law for violations specified in point b of Paragraph 1 of this article.
Article 29. Breach of rules on reporting mode 1. A fine from 1,000,000 to 5,000,000 đồng VND for one of the following behaviors: a) the rental of private enterprise but not reported in writing accompanied by certified rental contracts to provincial business registration office and the tax authorities;
b) Not filed timely financial reports as prescribed.
2. remedial measures: forcing the send report to state regulators.
Article 30. Violating the rules on informing the provincial business registration office 1. A fine from 1,000,000 to 2,000,000 VND VND for one of the following behaviors: a) Not notified in writing within the time limit specified on the time and the duration of suspension of business or continue business under the provisions of the law;
b) Not notified in writing within the prescribed time limit on changing the property type, which is a member of the limited liability company;
c) Not to announce the capital contribution of shares within a period prescribed from the date granted the certificate of registration of the enterprise;
d) Don't notice or don't notice time regarding the sale of private enterprises;
DD) do not send or post is not timely announcements specified or replacement authorized representative for the limited liability company;
e) do not report results progress capital contribution in writing in the prescribed time limit after each capital contribution under commitment.
2. remedial measures: Forcing notifications to provincial business registration office of the prescribed content.
Article 31. Violation of regulations on the representative under the law of business 1. A fine from 10,000,000 to 15,000,000 VND VND for one of the following behaviors: a) a representative under the law of the non-resident business in Vietnam;
b) representative under the law of business absent in Vietnam on 30 days without authorization in writing for others to implement their rights and obligations.
2. remedial measures: a) Forced to register people who are resident in Vietnam representative under the law of the enterprise for violation of the provisions of art. 1 of this article;
b) forced an authorization in writing to another person or another person registered resident in Vietnam representative at law for violations specified in point b of Paragraph 1 of this article.
Article 32. Other violations related to the Organization, business management 1. A fine from 5,000,000 VND to 10,000,000 VND for one of the following behaviors: a) Not proceed with Assembly of annual shareholder within a period prescribed from the date of the end of the financial year which have not been renewed provincial trading Rooms;
b) appointed the right business management hold management titles;
c) appointed Director (General Manager) the company does not have adequate standards and conditions prescribed by the law.
2. A fine from 10,000,000 to 15,000,000 VND VND for one of the following behaviors: a) No certificate of shares of the company members according to regulations;
b) does not set the registry members, the registry of shareholders under the provisions;
c) does not add business name at head office, branches, representative offices of business;
d) Not kept documents and seals in the main headquarters under the provisions of the law.
3. the remedial measures: a) forced the Assembly to conduct annual shareholder according to prescribed for violations of the provisions of art. 1 of this article;
b) forced the resignation of management positions who are not business management rights for violations specified in point b of Paragraph 1 of this article;
c) forced the dismissal of Director (ceo) of the Corporation not qualified and conditions, at the same time, the appointment of other persons eligible under the rules and conditions for violations specified in point c of Paragraph 1 of this article;
d certification) forced shares to members according to the rules for violations specified in point a of Paragraph 2 of this;
DD) Forced up the registry, the registry of shareholders under the provisions for violations specified in point b of Paragraph 2 of this Article;

e) Forced tied business name at head office, branches, representative offices of business for violations specified in point c of Paragraph 2 of this Article;
g) Forcing retention of documents and seals prescribed for violations specified in point d of Paragraph 2 of this Article.
Article 33. Violation of regulations on Control Board 1. A fine from 1,000,000 to 2,000,000 VND VND for organizational behavior control board is not correct or incomplete components as specified by law.
2. A fine of 5,000,000 VND to 10,000,000 VND for one of the following behaviors: a limited liability company) are from 11 members but does not establish the Control Board;
b) company have on individual shareholders or 11 have an institutional shareholder that owns over 50% of the shares of the company but does not establish the Control Board.
3. the remedial measures: a) forced the reorganization of the Board in accordance with the provisions of the law for violations of the provisions of Paragraph 1 of this article;
b) forcing the established Control Board under the provisions of the law for violations of the provisions in paragraph 2 of this Article.
Article 34. Violation of regulations of abolition of business 1. A fine from 5,000,000 VND to 10,000,000 VND for acts not to proceed with the procedure of dissolution for enterprises in the case of dissolved under the provisions of the law.
2. remedial measures: forced to proceed with the procedure of dissolving the business under the provisions of the law.
Article 35. Violation of the established rules, to terminate the operation of branches, representative offices, the business of business 1. A fine from 5,000,000 VND to 10,000,000 VND for one of the following behaviors: a) business in locations that are not reported to the provincial business registration office where the business perform business activities;
b) terminated the operation of branches, representative offices and business locations, but did not notify the business registration office.
2. remedial measures: a) Forced to announce where the business locations with provincial business registration office or termination of business activities in that place for the violations stipulated in art. 1 of this article;
b) Forced to announce the termination of activity of representative office, branch, location of business as prescribed for violations specified in point b of Paragraph 1 of this article.
Article 36. Violation of the regulations on registration of households trading 1. A fine from 5,000,000 to copper copper 3,000,000 for one of the following behaviors: a) register more than one business location;
b) business registration of more than one business households;
c) does not report the business situation at the request of the business register at district level.
2. A fine from 5,000,000 to 7,000,000 copper copper for dishonest Declaration behavior, not exactly household registration records or business registration profile to change business household registration content.
3. the remedial measures: a) forced the business situation report at the request of the agency-level business registration for violations specified in point c of Paragraph 1 of this article;
b) Forcing the content declaration was dishonest Declaration, not exactly for violations of the provisions in paragraph 2 of this Article.
Article 37. Violation of suspension of business of business households 1. Warning or fine from 500,000 to 1,000,000 VND VND for the behavior halted trading of more than 30 days without notifying the registry-level business district where registered business and tax authorities direct management.
2. A fine of 5,000,000 VND to 10,000,000 VND for acts not to suspend business lines business condition as required by the registry-level business where households registered business.
3. the remedial measures: Forcing announced the suspension of trading for the business register and the tax authorities direct management for violations of the provisions of Paragraph 1 of this article.
Article 38. Violating regulations on registration of change business household registration contents 1. Warning or fine from 500,000 to 1,000,000 copper contract for behavior change content of business registration without notice with the registry-level business according to regulations.
2. remedial measures: Forcing change content notification registry business to business register at district level.
Article 39. Violation of regulations regarding the termination of activities of households trading 1. Warning or fine from 500,000 to 1,000,000 copper copper termination behavior for business activities in the form of business households which do not notice or do not return the original certificate of registry business to business register at district level.
2. remedial measures: Forcing notice or return the original certificate of registry business to business register at district level.
Article 40. Violation of the regulations on registration of cooperatives, cooperative association 1. Warning or fine from 500,000 to 1,000,000 VND VND for one of the following behaviors: a) Not held annual members Conference of the cooperative, the cooperative association;
b) does not set the registry members after certification of registered cooperatives, cooperative Nations.
2. A fine of 5,000,000 VND to 10,000,000 VND for one of the following behaviors: a) enumerate dishonest, incorrect registration records established cooperatives, cooperative association;
b) nominal carrying activities cooperative, cooperative Nations but no certificate of registration.
3. the remedial measures: a) forced the Organization of annual membership for violations of the provisions of art. 1 of this article;
b) forced the establishment of registry members for violations specified in point b of Paragraph 1 of this article;
c) Forced registration of cooperatives, cooperative association for violations specified in point b of Paragraph 2 of this Article.
Article 41. Violation of the regulations on registration of capital for cooperatives, cooperative association 1. A fine from 5,000,000 VND to 10,000,000 VND for one of the following behaviors: a) Not mobilize enough time of the registered capital;
b) does not maintain a level of capital for the business cooperative lines must have legal capital;
c) No capital contribution certificate for members of cooperatives or cooperative members.
2. A fine from 10,000,000 to 15,000,000 VND VND for the behavior to a member which is greater than 20% of the total capital of the cooperative; a membership cooperative, which is greater than 30% of the total capital of the Cooperative Union.
3. the remedial measures: a) additional financing Forced contributions as registered for the violations stipulated in art. 1 of this article;
b) Required capital contribution certificate for members of cooperatives or cooperative members for violations specified in point c of Paragraph 1 of this article;
c) Forced to adjust the rate of equity for violations of the provisions in paragraph 2 of this Article.
Article 42. Violation of these rules of registration contents change cooperative, cooperative association 1. Warning or fine from 500,000 to 1,000,000 VND VND for one of the following behaviors: a) not registered or not registered on time or did not notice the change of registration contents cooperative, cooperative association;
b) Not Register renaming when the cooperative has changed business lines to form the name of the cooperative, the Cooperative Union.
2. A fine of 5,000,000 VND to 10,000,000 VND for one of the following behaviors: a) sign, not exactly the content change registered cooperatives, cooperative association;
b) continue business during cooperative, cooperative Nations has temporarily ceased operations.
3. the remedial measures: Forcing registration registration certificate reissuance cooperative, Cooperative Union for violations of the provisions of paragraph 1 and art. 2 of this.
43 things. Violation of the regulations on information publicity of cooperatives, cooperative association 1. Warning or fine from 500,000 to 1,000,000 VND VND for acts not published information as specified.
2. remedial measures: Forcing the correct implementation of the provisions of the law on public information.
Article 44. Violation of the regulations on the reorganization of the cooperative, the cooperative association 1. Warning or fine from 500,000 to 1,000,000 VND VND for the acts split, split, merge, merging is not properly regulated.
2. remedial measures: Forcing reorganizing cooperatives, cooperative Nations according to the regulations.
Article 45. Violation of the regulations on the registration of branches and representative offices and places of business cooperatives, cooperative association 1. Warning or fine from 500,000 to 1,000,000 VND VND for one of the following behaviors: a) the registered address, branch offices, and business locations not on the administrative map;
b) registered address, branch offices, and business locations not owned or used his legal rights.
2. A fine of 5,000,000 VND to 10,000,000 VND for registered acts of dishonesty, not exactly the content change of registration of representative offices, branches, business locations.
3. the remedial measures: Forcing registration registration certificate to the cooperative for violations in item 1 and item 2 of this Article.
Chapter III the AUTHORITY SANCTIONING ADMINISTRATIVE VIOLATIONS to article 46. The authority sanction of inspection plans and investments 1. Inspectors, who carry out missions specialised inspectors are on duty have the right: a) caution;
b) a fine of up to 500,000 VND.
2. The Chief Inspector of the Department of planning and investment, the head of the Department-level specialized inspection group has the right to: a) caution;
b) fines up to 25,000,000 Board for violations of business registration; a fine of up to 75,000,000 contract for breach of investment, procurement;
c) apply remedial measures specified in chapter II of this Decree.
3. the head of the inspection group specialized in the Ministry of planning and investment has the right to: a) caution;

b) a fine of up to 30,000,000 VND for violations of business registration; a fine of up to 80,000,000 contract for breach of investment, procurement;
c) apply remedial measures specified in chapter II of this Decree.
4. The Chief Inspector of the Ministry of planning and investment has the right to: a) caution;
b) a fine of up to 30,000,000 VND for violations of business registration; a fine of up to 80,000,000 contract for breach of investment, procurement;
c) apply remedial measures specified in chapter II of this Decree.
Article 47. The authority sanction of the people's Committee of the level 1. Chairman of people's Committee of social rights has: a) caution;
b) fines up to 5,000,000 đồng.
2. President of the district-level people's committees have the right to: a) caution;
b) fines up to 25,000,000 Board for violations of business registration; a fine of up to 75,000,000 contract for breach of investment, procurement;
c) apply remedial measures specified in chapter II of this Decree.
3. The Chairman of the provincial people's Committee has the right to: a) caution;
b) a fine of up to 30,000,000 VND for violations of business registration; a fine of up to 80,000,000 contract for breach of investment, procurement;
c) apply remedial measures specified in chapter II of this Decree.
Article 48. The jurisdiction of the other authority sanctioning The police agencies, customs, tax inspection, specialized and other agencies within the functions, duties, and powers was given if the detection of administrative violations in the field of planning and investment, was the right to sanction the administrative violation according to the provisions of article 39 Article 42, 44 and 46, article of law handling administrative violations and the provisions in this Decree.
Article 49. Determining the right sanctioning authority fines of the titles are specified in article 46, article 47 and article 48 of this Decree is the authority to apply for an administrative violation of organization; in the case of a fine, competent personal sanctions by 1/2 (part two) times the authority sanctioning organization.
Article 50. The authority established the minutes of administrative violations 1. The titles specified in article 46, article 47 and article 48 decrees and competent people are on duty when the administrative violations in the field of planning and investment, was founded thereon authority sanctioning administrative violations as a rule.
2. the head of the inspection group specialized in planning and investment when detected violations of the rights to establish the minutes of administrative violations, if exceeding the authority to sanction the transfer documents to the person who has the authority to proceed with sanctions under the provisions of the law.
Chapter IV the TERMS OF IMPLEMENTATION of Article 51. Effective enforcement of this Decree has effect from January 1, 2014 and replaces Decree No. 53/2007/ND-CP on April 4, 2007 the prescribed government sanctioning administrative violations in the field of planning and investment and Decree No. 62/2010/ND-CP dated 10 June 2010 the Government's modification supplement some articles of Decree No. 53/2007/ND-CP on April 4, 2007 the prescribed government sanctioning administrative violations in the field of planning and investment.
Article 52. Responsibility of Ministers, heads of ministerial agencies, heads of government agencies, the Chairman of the provincial people's Committee, central cities and agencies, organizations, individuals responsible for the implementation of this Decree.