The Decree 66/2012/nd-Cp: Regulating The Sanctioning Administrative Violations In The Field Of Management, Use Of State Assets

Original Language Title: Nghị định 66/2012/NĐ-CP: Quy định việc xử phạt vi phạm hành chính trong lĩnh vực quản lý, sử dụng tài sản nhà nước

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THE GOVERNMENT.
Numbers: 66 /2012/NĐ-CP
THE SOCIALIST REPUBLIC OF VIETNAM.
Independence-Freedom-Happiness
Hanoi, September 6, 2012

DECREE

Regulation of administrative violations in the field of management, use of state property and management.

____________________________

Government Law Base December 25, 2001;

The Management Law Base, which uses the state property on June 3, 2008;

The Law Enforcement Base saves, against a waste of November 29, 2005;

Office of Law Enforcement, anti-corruption November 29, 2005;

The French base was ordered by the Executive Order on 2 July 2002; the Ordinal Order amended, supplematuation of some of the provisions of the Executive Order of the Administrative breach on 2 April 2008;

At the request of the Minister of Finance;

The government issued the decree regulating the sanctions of administrative violations in the field of management, using state property, the government said.

Chapter I

GENERAL REGULATION

What? 1. The adjustment range

1. The decree rules out administrative violations, the form of sanctions, the penalty level, the trial authority, the procedure of punishment of administrative violations in the field of management, using state property and the law. .

The state property that is regulated at this decree includes:

a) The office of work and other property attached to the land, the use of land for the land used to build work headquarters, career operations facilities; machinery, transport facilities, work equipment, and other assets assigned to state agencies. (including the Vietnamese body abroad), the public career unit, political organization, political-social organization, social political organization-profession, social organization, social organization-the regulatory profession at the Law of Management, using state property, and the organization. (the following is generally state property at the agency, organization, unit);

b) The assets of state capital use projects (including the official development support and foreign government aid resources of the state budget revenue) due to the agency, the organization, the project owner;

c) The property is established in the ownership of the State as defined by the law.

2. Other administrative violations in the field of management, using a state property that are not regulated at this decree, apply the regulation at the law-breaking texts on the administrative violation of administrative violations in the field of state management which is associated with the government. I don't know.

What? 2. Subject applies

1. Agency, organization, unit (later known collectively as the organization), individuals are Vietnamese people who conduct violations of the laws of management, using state property that, under the rule of law, must be sentenced to the execution of the administrative law. regulation at this decree and the provisions of the relevant law.

2. Organization, individuals who are foreigners with administrative violations in the field of management, using state property on the territory of the Socialist Republic of Vietnam are subject to the regulation of this decree and the provisions of the laws that are present. related; the case of the International Convention which the Socialist Republic of Vietnam is that the other regulated member does in accordance with that international treaty.

What? 3. Principles of Administrative violation

1. The execution of the administrative violation in the field of management, the use of state assets must be due to a competent authority to proceed in accordance with the provisions of Article 27 of this decree and the general regulation of the law on disposal of administrative violations.

2. All administrative violations in the field of management, use of state assets must be detected and suspended in time. The punishment of administrative violations must be carried out quickly, in accordance with the law; all consequences due to the administrative breach must be remedied in accordance with the provisions of the law.

3. Every administrative violation in the field of management, using state assets is only punmised once. The organization, personally, has a variety of administrative violations in the field of management, using state assets that are being punished for each violation. Many organizations, individuals, and conduct a administrative breach in the field of management, using state property, each organization, and the individual violation of the crime. The execution of the organization or the individual sanctipation is identified specifically at this Decree Act II.

4. Organization, individuals who are sentenced to administrative violations by regulation at this decree are not used as a state budget or money derived from the state budget for the payment and remediation of the consequences due to their violations. The case against the organization, after the approval of the trial decision, was to be sentenced to identify the individual guilty of the administrative breach in order to determine the liability, including the filing of the fines and remediation of the consequences due to the violation of the law. It ' s the same level of individual violation by law and governance, using state assets of the organization.

5. Depending on the properties, the level of violation, organization, individuals with violations of the management sector, the use of state property is executed by regulation at this decree and the law is relevant; the case is not subject to the subject of execution. It is handled by the provisions of the Law of cadres, civil officials, the Law of the State, the State Budget Act, the Law of Management, the use of state property and other law-related legislation.

What? 4. The situation is increased, mitigable in violation of administrative violations

The situation is heavy, the condition of mitigation in the punishment of administrative violations in the field of management, using state assets made in accordance with the general regulation of law on disposal of administrative violations.

What? 5. The era of administrative violation

1. The primary violation of administrative violations in the management sector, using state property as a (01) year, alone for property offenses related to property is home, land-based property, career operating base of two (02) years, since the date of violation of the property. The administrative field is done.

2. In the statute of limitations on this One Article which organizes, the individual continues to violate new administrative violations in the field of management, using state property or intentionally hiding, obstruct the trial, which does not apply the statute of limitations at paragraph 1. This, which has been recharged since the time of the execution of new administrative violations or the time of the avoidance of evasion, impede punishment.

What? 6. The form of administrative violation and the remediation measure.

1. The main form of punishment:

For each administrative breach in the field of management, using state property, organization, individual violations must be subject to one of the following forms of punishment:

a) Police.

b) Money.

The maximum penalty for each administrative violation in the management sector, using a state property of 50,000,000.

2. Form of additional sanctions:

Depending on the properties, the extent of the breach, the organization, the individual violation is also applied to one or some of the following additional punishment forms:

a) Confiscation of the funeral, the medium used to violate administrative;

b) The use of a practice certificate has a deadline or no deadline.

3. Measure remediation:

Depending on the properties, the extent of the violation, the organization, the individual violation of one or some of the following remediation measures:

a) to conduct the right conduct of the laws of management, use of state property;

b) The restoration of the original state of the property has been changed due to the administrative breach of the administrative offence; the case does not restore the initial state of the property, compensated by money or property that has the same use of the property. the original property;

c) Damages caused by violations;

d) Forced to submit to the money state budget obtained from the use of non-correct assets. Of the law;

) Cancel the contract or adjust the lease contract; compensated the amount of money fined by having to cancel or adjust the economic contract (if any).

e) Recover by the rule of law or offer a revoked authority over state assets that are used to misappropriation, standard, valuation; property purchased, vote, gift, uncorrect exchange; property is appropriated, for example. Loan, lease, joint venture, incorrect link.

What? 7. Thu, submit, manage and use administrative violation fines, compensation damages and damages.

1. The management, using the administrative violation of administrative violations in the management sector, uses the state property made by regulation at the Government ' s Decree on the receipt of fines and management, using the payment of administrative violations and the manual text of the government. Do it.

2. The damages pay must be obtained, collected enough and used to spend on determining the amount of damages and reimbursable for the organization, the remainder being handed over to the state budget.

Chapter II

ADMINISTRATIVE, FORMAL, AND PENALTY VIOLATIONS.

Item 1

ADMINISTRATIVE VIOLATIONS IN MANAGEMENT, USE OF STATE ASSETS AT THE AGENCY, ORGANIZATION, UNIT AND BUSINESS.

What? 8. The organization sanctions have infringed violations of the procurement of state property.

1. The organization of the organization with the conduct of the conduct of the property procurement when there is no decision of the authority to be granted jurisdiction:

a) The currency of between 1,000,000 and 5,000,000 dollars for assets is machinery, work equipment, other assets (not work headquarters, career facilities, car operations) has a total value of under 100 million copper (the following is generally the same). property has a total value one purchase of less than 100 million copper);

b) The amount of money from 5,000,000 to 10,000,000 in assets is machinery, work equipment, other assets (not work headquarters, career facilities) has a total value of one purchase of 100 million or more (the following is the property). produce a total purchase value of 100 million or more or more cars;

c) The currency from 10,000,000 to 20,000,000 in assets is the office of employment, the basis of career operations.

2. Fines of 1,000,000 to 5,000,000% of the organization have a non-executive order that focuses on the assets of the procurement category that are centrally defined by law.

3. Organizational sanctions have an asset-to-standard property procurement. d o state authorities have the authority to rule:

a) Fines from 1,000,000 to $5,000,000 for property purchases have a value of less than 50 million dollars compared to the standard, valuation of regulation;

b) Fines from $5,000,000 to 10,000,000 co-purchase behavior It's The assets are worth over 50 million. Oh. Fuck. What? n Under 100 million Oh. Compared to standard, regulatory rating;

c) Fines from 10,000,000 to 20,000,000 people on a property procurement have a value of over 100 million or more than the standard, the regulatory rating.

4. Depending on the properties, the extent of the breach, the organization violates the regulations at This Article. d touch one or some of the following remediation measures:

a) to conduct the right conduct of the laws of management, use of state property;

b) The amount of the amount compensation corresponds to the value of the standard across the standard, the specified level;

c) State property revoked.

What? 9. The organization sanctions have infringed on the property lease regulations.

1. The organization of the organization with the conduct of the practice of hiring property when there is no decision of the competent authority, rent out the asset to the standard, the rating, the choice of the service provider for the non-regulatory asset lease:

a) Phrisum from 1,000,000 to $5,000,000 in assets has a lease value of less than 100 million copper;

b) The currency of $5,000,000 to 10,000,000 contracts for the property has a lease value of 100 million or more.

2. Depending on the properties, the extent of the violation, the organization that violates the provisions at paragraph 1 This is also imposed on one or some of the following remediation measures:

a) to conduct the right conduct of the laws of management, use of state property;

b) Cancel the contract or adjust the lease contract contract; compensated the amount of money fined by having to cancel or adjust the economic contract (if any).

What? 10. Organizational Sanctions with layout, using state assets in standard, valuation, and security.

1. Money from 1,000,000 to $5,000,000 for the action of deployment, the use of assets is worth less than 50 million in comparison to the standard, the rating.

2. Penituation from 5,000,000 to 10,000,000, with a value of $50 million in assets to less than 100 million.

3. Fines of between 10,000,000 and 20,000,000 are expected to travel to 20,000,000, using assets that are worth over 100 million and above the standard.

4. Depending on the properties, the extent of the breach, the organization that violates the rules at this is also applied to one or some of the following remediation measures:

a) to conduct the right conduct of the laws of management, use of state property;

b) The compensation of the damage caused by the deployment, use of the asset to the standard, to the extent of the regulation caused;

c) State property revoked.

What? 11. The organization of the organization has an act of deployment, using state property is not the right purpose

1. Money from 1,000,000 to 5,000,000 partners with an organization with a behavioral behavior, using assets as machines, working equipment, other assets (not working headquarters, career facilities, automobile vehicles) are priced in accordance with the following bookkeeping. 100 million copper/1 asset units (the latter being a property with a value of less than 100 million) is not valid.

2. A fee of 5 million to 10,000,000 partners with an organization with a set of layout, using assets as machinery, work equipment, other assets (not work-based headquarters, career facilities, automobile vehicles) have a price in accounting from the accounting department. 100 million or one asset unit (the following is a property valued at 100 million or more) and cars are not on purpose.

3. Fines from 10,000.0 0 0 to 20,000,000 Come on c: layout, s Yeah. The property is the headquarters, the career base is not the right purpose.

4. Depending on the nature of the breach, the organization violates the rules. i This is also used in one or some of the following remediation measures:

a) to conduct the right conduct of the laws of management, use of state property;

b) The restoration of the original state of the property has been changed due to the administrative breach of the administrative offence; the case does not restore the initial state of the property, compensated by money or property that has the same use of the property. the original property;

c) The recovery of state property uses the wrong purpose.

What? 12. The organization of the organization with the conduct of the state property is not correct.

1. Money from 1,000,000 to $5,000,000 for property loans is worth less than $100 million.

2. Fines of between $5,000,000 and 10,000,000 for property loans are automobile; property is valued at 100 million or more.

3. Fines from 10,000,000 to 20,000,000 people on loan were property-based, career-based operations facilities.

4. Depending on the properties, the extent of the breach, the organization that violates the rules at this is also applied to one or some of the following remediation measures:

a) to conduct the right conduct of the laws of management, use of state property;

b) The restoration of the original state of the property has been changed due to the administrative breach of the administrative offence; the case does not restore the initial state of the property, compensated by money or property that has the same use of the property. the original property;

c) Reparation reparation o The behavior of the property is made;

d) It was unregulated by the state property revoked.

What? 13. The organization of the organization has a vote, giving it to, the state asset exchange is not correct.

1. Penituation from 5,000,000 to 10,000,000 people on the vote, giving it to, exchange assets valued at less than 100 million.

2. Free from 10,000,000 coins to 20,000,000 people to the vote, giving it to, trading assets are automobiles; assets are valued at 100 million or more.

3. A fine of $30.million to $50,000,000. i The exchange, the exchange of assets is the office of employment, the basis of career operations.

4. In addition to the prescribed penalty in Clauses 1, 2 and 3 This, the infringement organization is also subject to a recall measure on the voting property, giving it to, the exchange is not correct.

What? 14. Organizational Sanctions, individuals with overcrowing the office of work, career operational basis.

1. Money from 20,000,000 to 30,000,000 to the organization, the individual whose behavior is to occupy the office of employment, the basis of career activities.

2. Depending on the properties, the extent of the violation, organization, individual violation of regulation at this is also seized by the confiscation of the animal, the vehicle used to violate the administrative and application of one or some of the following remediation measures:

a) Forcing the restoration of the original state of the working office, the base of career operations and the return of the working headquarters, the active duty facility;

b) The demolition of the building has been built on the occupying area;

c) Damages caused by invasive behavior.

What? 15. Organizational Sanctions, individuals with unauthorized appropriation of state property

1. Penituation from 1,000,000 to 5,000,000 partners, the individual has the illegal appropriation of state property without being prosecuted for criminal responsibility.

2. Depending on the properties, the extent of the violation, organization, individual violation of regulation at this is also seized by the confiscation of the animal, the means used to breach the administrative breach and apply the following remediation measures:

a) Forcing the restoration of the original state of the property has been changed due to the administrative breach caused by the return of the organization; the case does not restore the original state of the property, the compensation of money or property has the capacity to use. equivalent to the original property;

b) Damages caused by usurper behavior to State property.

What? 16. Organizational Sanctions, individuals with behavior using state property on the purpose of manufacturing, service business, leasing, joint venture, non-regulatory links, and business.

1. Organizational Sanctions use state property on the purpose of manufacturing, service business, leasing, joint venture, link when there is no decision of the authority granted jurisdiction:

a) The currency of between 1,000,000 and 5,000,000 dollars on assets is worth less than 100 million copper;

b) The amount of money from 5,000,000 to 10,000,000 in assets is automobile; the property is valued at 100 million or more;

c) The amount of money from 15,000,000 to 20,000,000 people to the property is the office of employment, the basis of career operations.

2. Organizational Sanctions on the use of state property on the purpose of production, service business, leasing, joint venture, links that affect the implementation of the function, the assigned task of the unit:

a) The currency of between 1,000,000 and 5,000,000 dollars on assets is worth less than 100 million copper;

b) The amount of money from 5,000,000 to 10,000,000 in assets is automobile; the property is valued at 100 million or more;

c) The amount of money from 15,000,000 to 20,000,000 people to the property is the office of employment, the basis of career operations.

3. Organizational Sanctions, individuals with a violation of the regulation of the value of the property when using the property on the purpose of leasing, joint venture, link:

a) The currency of between 1,000,000 and 5,000,000 dollars on assets is worth less than 100 million copper;

b) The amount of money from 5,000,000 to 10,000,000 in assets is automobile; the property is valued at 100 million or more;

c) The amount of money from 15,000,000 to 20,000,000 people to the property is the office of employment, the basis of career operations.

4. Additional execution form:

Stride has a deadline of twelve (12) months or discharges of the use of the appraisal Card on price for the prescribed behaviour at paragraph 3 This is due to a judge on the implementation of the law on the law of administrative violation in the case. the price of the price.

5. Depending on the properties, the level of violation, organization, individual violation of regulation at this Article also applies one or some of the following remediation measures:

a) to conduct the right conduct of the laws of management, use of state property;

b) The restoration of the original state of the property has been changed due to the administrative breach of the administrative offence; the case does not restore the initial state of the property, compensated by money or property that has the same use of the property. the original property;

c) revoked state property;

d) forced to submit the money state budget proceeds from the use of assets into the purpose of production, service business, leasing, joint venture, non-regulatory links.

What? 17. Organizational Sanctions have a non-maintenance conduct, property repair under the rule of law and the bill is delivered.

1. Police charges or fines ranging from 500,000 to 1,000,000 people to the organization whose behavior does not perform maintenance, repairs of assets are worth less than 100 million.

2. Money from 1,000,000 to $5,000,000 for the organization whose behavior does not perform maintenance, repair the property is an automobile; the property is valued at 100 million or more.

3. Money from 20,000,000 to 30,000,000 to the organization whose conduct does not perform maintenance, repair of the property is the office of employment, the career base of operations.

4. In addition to the prescribed penalty in Clause 1, 2 and 3 This, the infringement organization is also forced to perform maintenance, repair of property according to the regulatory regime and the assigned bill.

What? 18. The organization of the organization has a regulatory violation of state property treatment.

1. Police charges or fines of between 500,000 and 1,000,000 co-organizations with one of the following acts:

a) No prescribation, planning of rearranging, processing of state assets; relocation of environmental pollutants and other facilities must be relocated under the planning of municipal construction by law;

b) Do not process or report the state agency with a timely handling authority on the property without the need for use or use is not effective;

c) Do not report the state agency that has the authority to recover, regulate, sell, liquorate, destroy property when qualified under the law.

2. Penituation from 5,000,000 to 10,000,000 partners with the organization has a disresponsibility for the preservation of damaged state property, property failure.

3. The organization of the organization with the conduct of the property that handles the property without the decision of the authority has jurisdiction:

a) The currency of between 1,000,000 and 5,000,000 dollars on assets is worth less than 100 million copper;

b) The amount of money from 5,000,000 to 10,000,000 in assets is automobile; the property is valued at 100 million or more;

c) The currency from 10,000,000 to 20,000,000 in assets is the office of employment, the basis of career operations.

4. The organization for the organization with the manifest behavior is not in the right category, the status quo recommended:

a) Warning or fines of between 500,000 and 1,000,000 coins for property are worth less than 100 million copper;

b) The currency of between 1,000,000 and 5,000,000 in assets is automobile; the property is valued at 100 million or more;

c) A massive amount of $5,000,000 to 10,000,000 in assets is a work-based property, a career facility.

5. Depending on the properties, the extent of the breach, the organization of violation of regulation at this is also imposed on one or some of the following remediation measures:

a) to conduct the right conduct of the laws of management, use of state property;

b) The restoration of the original state of the property has been changed due to the administrative breach of the administrative offence; the case does not restore the initial state of the property, compensated by money or property that has the same use of the property. the original property;

c) The compensation for the failure of the failure, property damage.

What? 19. Organizational Sanctions, individuals with violations of the regulation on the organization of state property treatment.

1. Police charges or fines of between 500,000 and 1,000,000 co-organizations with one of the following acts:

a) A specified deadline that has yet to implement the implementation of the approved treatment method;

b) Do not execute the transfer decision table, revoking the agency reception on time;

c) Violation of the regulations on the creation of the Board of Valuation, the Board of Appraisal, the Board of Aucing of the Property, the Board of Destruction of the Property.

2. Penituation from 1,000,000 to $5,000,000 for the organization has one of the following acts:

a) Violation of the regulation of the choice of organizational appraisal, the organization of professional auction to process assets under the decision of the competent authority;

b) No implementation or implementation of the incomplete announcement of the sale of state property in accordance with the provisions of the law on management, use of state property.

3. Organizational Sanctions, individuals with a violation of the regulation of the value of the property, the sale of the property price auction:

a) The currency of between 1,000,000 and 5,000,000 dollars on assets is worth less than 100 million copper;

b) The amount of money from 5,000,000 to 10,000,000 in assets is automobile; the property is valued at 100 million or more;

c) The currency from 10,000,000 to 20,000,000 in assets is the office of employment, the basis of career operations.

4. Additional execution form:

Stride has a deadline of twelve (12) months or discharges of the use of the Appraisal Appraisal, Certificate of Appraisal for Prescribed Behavior at paragraph 3 This is due to an appraisal of the price or auction of the entity. The law of sanctions on administrative and judicial offenses.

5. In addition to the prescribed penalty in Clause 1 This Article, the individual violation is also forced to implement a property processing organization by the decision to handle the competent authorities and regulations of the law.

What? 20. Treatment of violations of the regulations on the login and use of data on state assets.

The charge of the warning or fines of between 500,000 and 1,000,000 coins for the organization, the individual has one of the following acts:

1. Try to prescribe, enter, browse the state asset data into the National Database on the non-regulatory state assets, misline the number of state assets;

2. Use the data on state assets in the National Database of State Property on personal purposes without the authority of the state authority having the authority to manage that database.

What? 21. The punishment for administrative violations in management, using the state property of the Vietnamese agency abroad, is in the United States.

1. violation of violation, form, and penalty of regulatory violations of management, the use of state property of the foreign body of the country in foreign countries is done in accordance with Articles 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, and 20 of these resolutions.

2. The identification of the violation of the sequence concerning the sequence, procedures on investment, procurement, equipment, sale, navigation, liquation, and destruction of the state property of the foreign body of Vietnam abroad is based on the regulation at the following texts:

a) 1961 Convention on Foreign Relations;

b) The signing agreement between the Government of Vietnam and the Government of the Water Government;

c) the law of the country at;

d) Law of Vietnam.

The case between the non-uniform text is the option to do with the order from top to bottom.

Item 2

ADMINISTRATIVE VIOLATION IN MANAGEMENT, WHICH USES THE ASSETS OF STATE CAPITAL USE PROJECTS.

What? 22. The organization penalty has a regulatory violation of the property page of the projects using state capital of the country.

1. The organization of the organization with the conduct of the conduct of the purchase of property purchases when there is no decision of the authority to be executed by regulation at Clause 1 and Section 4 Article 8 of this decree.

2. Police charges or fines of $500,000 to 1,000,000 partners with an uncompromising behavior with a competent authority prior to signing the specific International Convention on ODA in terms of building work-based investment, other car-equipped cars with other agencies. The regulations of Vietnamese law.

3. The organization of the organization with the conduct of non-procurement practices on the property of the procurement category is focused on the provisions of the law made in accordance with the provisions at Clause 2 and Clause 4 Article 8 of this decree.

4. The organization of the organization has a procurement behavior, equipated property, to the extent that the state agency has the authority stipulated by regulation at Clause 3 and Clause 4 Article 8 of this decree.

5. Organizational Sanctions have a violation of property leasing regulations to serve the management work of projects using state capital implementation under regulation at Article 9 of this Decree.

What? 23. Organizational Sanctions, individuals with violations of regulation on the property use of state capital use projects in the United States.

1. The organization of the organization has an act of deployment, using the assets of the project using the standard state capital, to the extent that the implementation is specified in accordance with Article 10 of this decree.

2. The organization of the organization has an act of deployment, using the assets of a non-purpose state capital project that is not in accordance with the provisions of Article 11 of this decree.

3. The organization of the organization with the conduct of the property on borrowing the assets of the non-correct state capital project is in accordance with the regulation at Article 12 of this decree.

4. Organizational Sanctions, giving, exchange assets of a non-correct state capital project implementation under the provisions of Article 13 of this decree.

5. Organizational Sanctions, individuals with overcrowing the offices of the Project Management Board using state capital made by regulation at Article 14 of this Decree.

6. Organizational Sanctions, individuals with unauthorized appropriation of the property of the project using state capital by regulation at Article 15 of this decree.

7. Organizational Sanctions, individuals whose behavior uses the assets of the project using state capital into the purpose of production, service business, leasing, joint ventures, non-regulatory links that follow the regulation at Article 16 of this Decree.

8. Organizational Sanctions with non-maintenance conduct, repair of the property of the project using state capital under the provisions of the law and the planned implementation stipulated at Article 17 of this decree.

What? 24. Organizational Sanctions, individuals with violations of the regulations on the property handling of the projects when the project ends or no longer need to use it.

1. Police charges or fines of between 500,000 and 1,000,000 co-organizations with one of the following acts:

a) Not to perform the inventory, report the state agency with authority to process under the prescribed deadline;

b) Do not report a state agency that has the authority to establish the ownership of the State for the assets provided by ODA experts, contractors, supervised transfers to the Government of Vietnam by regulation.

2. Penituation from 5,000,000 to 10,000,000 partners with the organization has one of the following acts:

a) Lack of responsibility in the preservation of property damage, property failure;

b) Remove the texture, spare parts, parts of the property.

3. The organization of the organization with the conduct of the property handling of the property when there is no decision of the authority to be executed by regulation at paragraph 3 and Article 5 Article 18 of this decree.

4. The organization of the organization with the manifest behavior is not correct in the category, the status quo is recommended by the regulations at paragraph 4 and Article 5 Article 18 of this decree.

5. Organizational Sanctions, individuals with a regulatory violation of the property treatment organization have been granted the authority to approve the practice under regulation at Article 19 of this Decree.

Section 3

ADMINISTRATIVE VIOLATION IN MANAGEMENT, PROPERTY PROCESSING IS ESTABLISHED IN THE OWNERSHIP OF THE STATE.

What? 25. Organizational Sanctions have a regulatory violation of the institution of ownership of the property of the State, the preservation, the transfer of the property that is established the ownership of the State.

1. Police charges or fines of between 500,000 and 1,000,000 co-organizations with one of the following acts:

a) No authorship report has jurisdiction to establish the ownership of the property of the State by statute;

b) A violation of the transfer deadline, the filing of property transfers to the authorities for processing.

2. Penituation from 5,000,000 to 10,000,000 partners with the organization has one of the following acts:

a) Lack of responsibility in the preservation of property damage, property failure;

b) Remove the texture, spare parts, parts of the property.

3. Depending on the properties, the extent of the violation, the organization of violation of regulation at this is also imposed on one or some of the following remediation measures:

a) to conduct the right conduct of the laws of management, use of state property;

b) The restoration of the original state of the property has been changed due to the administrative breach of the administrative offence; the case does not restore the initial state of the property, compensated by money or property that has the same use of the property. the original property;

c) The compensation for the failure of the failure, property damage.

What? 26. Organizational Sanctions, individuals with violations of the regulation of property treatment are established in the ownership of the State House.

1. Police charges or fines of between 500,000 and 1,000,000 people on the organization have a violation of the statute of limitations on the deadline of the law.

In addition, the organization is also forced to implement a property handling of the property to report the state agency to be competent under the rule of law on management, handling of the established property rights of the State.

2. The organization of the organization, the individual whose violations of the regulation of the established property treatment organization of the State have been granted the authority to approve the practice under the stipulation at Article 19 of this decree.

Chapter III

JURISDICTION, PROCEDURE OF PUNISHMENT, ENFORCEMENT, ENFORCEMENT OF THE EXECUTION OF ADMINISTRATIVE PUNISHMENT

What? 27. Authority to punish administrative violations

1. Honor the execution of the Chairperson of the People ' s Commission:

a) The Chair of the Committee on the Social People's Committee of the Right:

-To the warning.

-To the two million dollars.

-The confiscation of the funeral, the medium used for the administrative breach, is worth up to 2,000,000.

-Applying the remediation measures prescribed at the points a, b, c, d and the Article 3 Article 6 This Protocol.

b) The chairman of the District People's Committee has the right:

-To the warning.

-For the sum of $30,000,000.

-Apply the additional forms of punishment prescribed at this decree;

-Applying the remediation measures prescribed at the points a, b, c, d and the Article 3 Article 6 This Protocol.

c) The chairman of the Provincial People ' s Provincial Committee has the right:

-To the warning.

-To the maximum extent of the decree at this decree;

-Apply the additional forms of punishment prescribed at this decree;

-Applying the remediation measures prescribed at the points a, b, c, d and the Article 3 Article 6 This Protocol.

2. Inspector of the Acute Examination of the Level:

a) Ombudman, who is assigned to the task of a professional inspector who is currently in charge of the right:

-To the warning.

-To $500,000.

-Confiscation of the funeral, the vehicle used to violate the administrative range is worth up to 2,000,000.

b) Chief Inspector of the Department has the right:

-To the warning.

-For the sum of $30,000,000.

-Apply the additional forms of punishment prescribed at this decree;

-Applying the remediation measures prescribed at the points a, b, c, d and the Article 3 Article 6 This Protocol.

c) Chief Inspector has the right:

-To the warning.

-To the maximum extent of the decree at this decree;

-Apply the additional forms of punishment prescribed at this decree;

- Apply the consequences of remediation at points a, b, c, d, and Article 3 Article 6 This decree.

3. The person with the authority to punish the prescribed violation in Clause 1 and Clause 2 This decision to apply the measure of state property revoking the authority under the rule of law on management, use of state property; the case beyond jurisdiction. then report the state agency to the jurisdiction of the law on management, using state property that decides to recover.

4. The mandate to punish the administrative breach and the principle of determining the jurisdiction to punish the administrative violation is carried out under the general regulation of the law on the disposal of administrative violations.

5. State authorities, organizations, individuals when the discovery of administrative violations in the field of management, using state property that is responsible for transferring records (if any) or informing the person with the authority to sanctiate the administrative violation of the government. regulation at this decree for consideration, processing.

The person with the authority to punish the administrative violation stipulated at this decree is responsible for consideration, the prescribed trial.

Personally, the organization has achievements in the discovery, defence, anti-piracy, and the use of state assets that are rewarded under the general regime of the State.

What? 28. The procedure for violating administrative violations

The procedure for administrative violation in the field of management, the use of state assets made in accordance with the general regulation of law on disposal of administrative violations.

What? 29. The execution of administrative sanctions

1. The organization, the individual who is subject to administrative violations in the management sector, using state property must accept a decision to sanctiate in the ten (10) days, since the date of the receiving decision of the trial, the case of decision-making decision-making. It ' s done on that deadline.

2. Overtime the regulation at Clause 1 This organization, the individual who is sentenced to a non-voluntary violation of the executive order, is forced to enforce the execution by the following measures:

a) The deduction for a portion of the salary or a portion of the income or deductible money from the bank account; the suspension of the work on the individual has not yet finished the result;

b) The asset count is valid for the amount of the fine to sell the auction in accordance with the rule of law;

c) Other coercated measures follow the general regulation of the law on administrative violation to enforce the decision to execute the penalty.

3. The adjournalization of the decision to punish the proceeds by the general provisions of the law on the disposal of the administrative breach.

4. The authority, procedure and the enforcement of the organization enforce the decision to punish the administrative violation by the general rule of the law. l I'm sorry. What? The administrative breach.

Chapter IV

EXECUTION CLAUSE

What? 30.

This decree has been in effect since 1 November 2012.

What? 31.

1. The Ministry of Finance is responsible for the implementation of the implementation, inspection, inspection of the execution of administrative violations in the field of management, using state property by regulation at this Decree.

2. The Ministry of Equal Agencies, the Government Agency, the People's Committee, responsible for the implementation and examination of the execution of administrative violations in the field of management, the use of state property by regulation at this decree.

3. The ministers, the chief of the peer-agency, the Head of the Government of the Government, the Chairman of the People ' s Committee, are responsible for the implementation of this decree.

TM. THE GOVERNMENT.

Prime Minister

(signed)

Dao Dung