This regulation is mentioned in Decree No. 55/2026/ND-CP amending and supplementing a number of articles of Decree No. 63/2019/ND-CP dated July 11, 2019 stipulating penalties for administrative violations in the field of public asset management; practicing thrift, combating wastefulness; national reserves; state treasury, which has been amended and supplemented by Decree No. 102/2021/ND-CP dated November 16, 2021 of the Government.
According to the latest regulations, a fine of between 5,000 VND and 20,000,00 VND shall be imposed on organizations that use public assets for improper purposes, not in accordance with the purpose and function of the invested, equipped, and purchased assets (except in cases where the assets have been decided to change their function of use according to regulations).
Other acts are using working headquarters, professional establishments as houses or for personal purposes; using cars to transport people from residence to workplace for positions without transportation standards; using cars to serve work for positions without standards; using cars, machinery, equipment, and other assets for personal purposes.
A fine of between VND 2,000,000 and VND 2,000,000 shall be imposed on organizations and individuals who commit acts of destroying or intentionally damaging public property but not serious enough to warrant criminal prosecution.
The measure to remedy the consequences is stipulated to force the supplementation and completion of the missing dossiers according to the provisions of the law on public property for the violation.
Forced to return the amount corresponding to the asset value for the violation, the amount corresponding to the asset value is the part assigned exceeding the standards and norms of the asset; forced to restore the pre-violation state of the asset for the violation.
The determination of values exceeding standards and norms to serve as a basis for handling violations and implementing remedial measures is specified as follows:
In case the assigned assets are cars, machinery, equipment, and other assets that are not working headquarters or non-business establishments exceeding the number compared to the standards and norms: The value exceeding is determined by multiplying the number of assets exceeding by the remaining value of the corresponding assets in the accounting book. In case the remaining value is zero (0), the value exceeding is calculated as 20% of the original value of the assets.
In case assets have not been tracked and recorded in accounting books, based on the origin of the assets and relevant records and documents (if any), determine the remaining value of the assets according to the provisions of law on management regimes, depreciation and amortization applicable to those assets.
In case there are no legal regulations on the management regime, wear and tear calculation, depreciation applied to that asset, the determination of the remaining value of the asset shall be carried out according to the guidance of the Ministry of Finance.
In case the asset is handed over as cars, machinery, equipment, and other assets that are not working headquarters or non-business establishments that are correct in quantity but exceed the price level compared to standards and norms: The exceeding value is determined by the remaining value of the asset in the accounting book minus the maximum price of the asset according to the standards and norms prescribed or decided by the competent authority or person.
