The Ministry of Finance is currently drafting a Decree regulating penalties for administrative violations in the fields of investment, bidding, business registration, cooperatives and planning.
The draft new Decree replaces Decree No. 122/2021/ND-CP dated December 28, 2021 of the Government on sanctioning administrative violations in the field of planning and investment.
One of the notable contents of the draft is the regulation on the sanctioning authority of the Chairmen of People's Committees at all levels (Article 87), specifically as follows:
Chairman of the commune-level People's Committee has the power to:
A warning.
A fine of up to 50 million VND for violations in the field of business registration and cooperatives; up to 100 million VND for violations in the field of planning; up to 150 million VND for violations in the field of bidding and investment.
Apply remedial measures according to the provisions of this decree.
The Chairman of the Provincial People's Committee has the power to:
A warning.
A fine of up to 100 million VND for violations in the field of business registration, cooperatives and planning; up to 300 million VND for violations in the field of bidding and investment.
Apply remedial measures according to the provisions of this decree.
Explaining the above proposal, the Ministry of Finance said that the draft new decree supplements the authority to sanction violations in the field of registration of cooperatives, cooperative unions and business households.
Compared to Decree No. 122/2021/ND-CP, the sanctioning authority of the Chairman of the Commune-level People's Committee has changed significantly.
According to current regulations, the Chairman of the Commune-level People's Committee has the right to issue a warning and fine up to 10 million VND. The new draft also abolishes the authority of the Chairman of the District-level People's Committee because there are no longer district-level administrative units organized according to the new model.
