The Regulation on sanctioning of administrative violations in the field of planning and investment

Published on 04 - 01 - 2022

On 28/12/2021, the Government issued the Decree No. 122/2021/ND-CP stipulating the penalties for administrative violations in the field of planning and investment.

The Decree stipulates administrative violations, sanctioning forms, fine levels, remedial measures, the competence to make records of administrative violations and the competence to sanction administrative violations in the field of planning and investment.

An administrative violation in the field of planning and investment is an illegal act committed by an organization or individual that is not a crime according to the regulations of the Criminal Code and in this Decree, including: Violating regulations in the field of investment (including: public investment, business investment in Vietnam, business investment from Vietnam to abroad, investment under the method of public-private partnership (PPP)); violations against the regulations in the field of bidding; violations against the regulations in the field of business registration; violations against the regulations in the field of planning. Administrative violations related to the field of planning and investment not specified in this Decree shall be applied according to the provisions on sanctioning of administrative violations in the relevant state management area.

According to regulations, the form of sanction for administrative violations in the field of planning and investment still includes warning; monetary fine; depending on the nature and seriousness of their violations, violators may also be subject to one or more remedial measures as specified in this Decree.

The Decree clearly stipulates the maximum fine level for each field, according to which: the investment field is 300,000,000 VND; the bidding area is 300,000,000 VND; the area of ​​business registration is 100,000,000 VND; the planning area is 500,000,000 VND.

The fines as specified above are applied to organizations. For individuals violating the same act, the fine level is a half of the fine level as compared to that of an organization. The time limit for sanctioning administrative violations in the fields of investment, bidding, and business registration is 1 year; planning field is 2 years.

Notably, the fine for violations of declaring the business registration dossier has doubled as compared to the current level. The act of dishonestly and inaccurately declaring the contents of the business registration dossier shall be fined from VND 20 million to VND 30 million instead of the level from VND 10 million to VND 15 million as in the old regulations.

The Decree also adds a new sanctioning regulation related to violations of charter capital declaration when registering for business establishment. Accordingly, the act of overstating charter capital with a value of less than 10 billion VND will be fined from 20 million to 30 million VND, for making false declarations from 10 billion VND to less than 20 billion VND, a fine from 30 million to 40 million VND will be applied. The maximum fine for this act is up to 100 million VND.

For the act of violating the establishment and termination of operation of branches and representative offices of enterprises, the maximum fine is up to 30 million VND. Previously, the maximum fine related to this regulation was 10 million VND.

This Decree takes effect from January 1, 2022 and replaces the Government's Decree No. 50/2016/ND-CP dated June 1, 2016 on penalties for administrative violations in the field of planning and investment.

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