From 01 April 2020, tenants of official residences will not be fined for lending them to others.

On 17 February 2020, the Government issued Decree 21/2020/ND-CP on amending and supplementing a number of Articles of the Government’s Decree 139/2017/ND-CP dated 27 November 2017 on penalties for administrative violations against regulations on investment and construction; extraction, processing and trading of minerals used as building materials; management of infrastructural constructions; real estate business, housing development, management of the use of houses and public buildings (“Decree 21/2020”). Accordingly, Decree 21/2020 will take effect on 01 April 2020 and has some remarkable contents as follows:

1. To amend and supplement a number of articles of Decree 139/2017/ND-CP

•  A fine of between VND 50,000,000 and VND 60,000,000 will be imposed upon state-owned house lessees or lease-purchasers who exchange, sell or sub-lease their houses without approval by a competent authority as regulated by law. However, the lending of official residences will not be fined.
• A fine of between VND 50,000,000 and VND 60,000,000 will be imposed upon the sale, lease purchase, exchange, mortgage or contribution of capital in form of a house which fails to fully satisfy requirements as prescribed by law. However, the act of gifting houses will not be fined.
• A fine of between VND 50,000,000 and VND 60,000,000 will be imposed upon the acts of sub-letting or authorizing other persons to manage official residences. However, the lending of official residences will not be fined.
• A fine of between VND 50,000,000 and VND 60,000,000 will be imposed upon the acts of occupying or using official residences for the purpose of production, business, leasing out as residential houses or other purposes inconsistent with their uses. However, the lending of official residences will not be fined.

2. To annul some provisions of Decree 139/2017/ND-CP

Article 2 of Decree 21/2020 prescribes as follows:

• To annul the regulation on a fine ranging from VND 30,000,000 to VND 40,000,000 imposed upon the act of selecting unqualified organizations or individuals to perform such activities as formulation of construction projectand appraisal of construction investment project. (To annul Articles 7.1.c and 7.1.d.)
• To annul the regulation on a fine of between VND 20,000,000 and VND 30,000,000 imposed on organizations operating in the construction sector for one of the violations including failure enter into labor contracts with key position holders; and key position holders failing to possess professional improvement certificates in specialized activities of the construction project as regulated by law. (To annul Articles 2.c and 23.2.đ)
• To annul the regulation on a fine of between VND 30,000,000 and VND 40,000,000 imposed on foreign contractors failing to publish information on the contractor’s website about its construction activities as regulated by law. (To annul Article 3.d)
• To annul the regulation on a fine of between VND 40,000,000 and VND 50,000,000 imposed on the acts of holding professional improvement courses in construction without eligibility for doing so. (To annul Article 3)
• To annul the regulation on a fine of between VND 20,000,000 and VND 40,000,000 imposed on organizations which plan the development of building materials or plan the use of minerals as building materials without satisfying eligibility as prescribed by law. (To annul Article 1)
• To annul the regulation on a fine of between VND 2,000,000 and VND 5,000,000 imposed on the act of employing unqualified lecturers as prescribed by law. (To annul Article 1.a)
• To annul the regulation on a fine of between VND 10,000,000 and VND 20,000,000 imposed on the act of failing to organize training courses at the prescribed training locations; and employing unqualified lecturers as prescribed by law. (To annul Articles 1.a and 61.1.b)

For the regulations that are abolished under Article 2 of Decree 21/2020 and occur before the effective date of this Decree in relation to the administrative sanction decisions of competent persons that have been already promulgated and not yet been implemented, they will continue to be obeyed. In case the administrative violations specified in Article 2.1 have been recorded or detected after the effective date of this Decree, no administrative sanctions will be imposed.

 

 

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