Thông tư 29/2020/TT-BTC về hướng dẫn thực hiện việc xử phạt vi phạm hành chính trong lĩnh vực quản lý, sử dụng tài sản công do Bộ trưởng Bộ Tài chính ban hành

CIRCULAR

GUIDANCE ON PENALTIES FOR ADMINISTRATIVE VIOLATIONS AGAINST REGULATIONS ON MANAGEMENT AND UTILIZATION OF PUBLIC PROPERTY

Pursuant to the Law on Penalties for Administrative Violations dated June 20, 2012;

Pursuant to the Law on Management and Utilization of Public Property dated June 21, 2017;

Pursuant to the Government’s Decree No. 81/2013/ND-CP dated July 19, 2013 on guidelines and measures for implementation of the Law on Penalties for Administrative Violations;

Pursuant to the Government’s Decree No. 97/2017/ND-CP dated August 18, 2017 on amendments to the Government’s Decree No. 81/2013/ND-CP dated July 19, 2013 on guidelines and measures for implementation of the Law on Penalties for Administrative Violations;

Pursuant to the Government’s Decree No. 63/2019/ND-CP dated July 11, 2019 on penalties for administrative violations against regulations on management and utilization of public property, thrift practice and wastefulness combat, national reserve and state treasury;

Pursuant to the Government’s Decree No. 87/2017/ND-CP dated July 26, 2017 defining Functions, Tasks, Powers and Organizational Structure of the Ministry of Finance;

At the request of the Director of the Department of Public Asset Management,

The Minister of Finance promulgates a Circular providing guidance on penalties for administrative violations against regulations on management and utilization of public property.

Chapter I

GENERAL PROVISIONS

Article 1. Scope

This Circular provides guidance on penalties for administrative violations against regulations on management and utilization of public property laid down in the Government’s Decree No. 63/2019/ND-CP dated July 11, 2019 on penalties for administrative violations against regulations on management and utilization of public property, thrift practice and wastefulness combat, national reserve and state treasury (hereinafter referred to as “Decree No. 63/2019/ND-CP”).

Article 2. Regulated entities

1. Organizations and individuals that commit administrative violations in the field of management and utilization of public property, including:

a) Regulatory authorities;

b) Units affiliated to the People’s Armed Force;

c) Public service providers;

d) Agencies affiliated to the Communist Party of Vietnam;

dd) Socio-political organizations, socio-political and professional organizations, social organizations, socio-professional organizations and other organizations established under the law on associations;

e) Enterprises and other organizations involved in management and utilization of public property;

g) Individuals.

2. Persons that have the power to impose administrative penalties, and organizations and individuals involved in the imposition of administrative penalties for violations in the field of management and utilization of public property in accordance with the Decree No. 63/2019/ND-CP.

Article 3. Principles for determining fines

Fines imposed on administrative violations in the field of management and utilization of public property prescribed in Section 1 through 4 Chapter II of Decree No. 63/2019/ND-CP shall be determined according to the following principles:

1. The fine imposed on a violation without aggravating or mitigating factors is the average of the maximum fine and minimum fine of the fine bracket for that violation. Where mitigating factors are considered, the fine imposed on the violation may be reduced but shall not be lower than the minimum fine of the fine bracket for that violation; Where aggravating factors are considered, the fine imposed on the violation may be increased but shall not exceed the maximum fine of the fine bracket for that violation.

2. Aggravating and mitigating factors are defined according to Article 9 and Article 10 of the Law on Penalties for Administrative Violations dated June 20, 2012.

Chapter II

GUIDANCE ON PENALTIES FOR ADMINISTRATIVE VIOLATIONS AGAINST REGULATIONS ON MANAGEMENT AND UTILIZATION OF PUBLIC PROPERTY

Article 4. Violations against regulations on investment in and procurement of public property prescribed in Article 6 of Decree No. 63/2019/ND-CP

1. The procurement of property without decision issued by competent authorities or officials prescribed in Clause 1 Article 6 of Decree No. 63/2019/ND-CP is the procurement performed without a Decision on procurement of public property issued by a competent authority at the time of conclusion of the procurement contract (where the conclusion of the procurement contract is required by law) or at the date specified in the sales invoice (where the conclusion of the procurement contract is not required by law). The authority competent to issue decisions on procurement of public property is prescribed in the Law on Management and Utilization of Public Property No. 15/2017/QH14 dated June 21, 2017 (hereinafter referred to as “Law on Management and Utilization of Public Property”) and its guiding documents.

2. The violation of failure to apply the centralized procurement method when purchasing property on the list of property items subject to centralized procurement method prescribed in Clause 2 Article 6 of Decree No. 63/2019/ND-CP is determined in each procurement.

3. The investment in or procurement of property beyond the limits imposed by competent authorities prescribed in Clause 3 Article 6 of Decree No. 63/2019/ND-CP is the act of investment in construction of or procurement of property exceeding the prescribed limits in terms of area (in respect of working offices and public service facilities), or quantity or prices (in respect of means of travel, machinery, equipment and other property).

Article 5. Violations against regulations on lease of property prescribed in Article 7 of Decree No. 63/2019/ND-CP

1. The lease of property without decisions on property lease issued by competent authorities or officials prescribed in Point a Clause 1 Article 7 of Decree No. 63/2019/ND-CP is the conclusion of a property lease contract or actual use of leased property without any decisions on property lease issued by competent authorities.

The authority competent to issue decisions on property lease is prescribed in the Law on Management and Utilization of Public Property and its guiding documents.

2. The lease of property beyond the limits imposed by competent authorities prescribed in Point b Clause 1 Article 7 of Decree No. 63/2019/ND-CP is the lease of property serving operations in excess of the prescribed limits in terms of areas (in respect of working offices and public service facilities), or quantity or prices (in respect of means of travel, machinery, equipment and other property).

Article 6. Violations against regulations on utilization of public property for business, leasing, joint-venture or association purposes at public service providers, socio-political organizations, socio-political and professional organizations, social organizations, socio-professional organizations and other organizations established under the law on associations prescribed in Article 13 of Decree No. 63/2019/ND-CP

1. Penalties shall be imposed on violations against regulations on utilization of public property for business, leasing, joint-venture or association purposes at public service providers, socio-political organizations, socio-political and professional organizations, social organizations, socio-professional organizations and other organizations established under the law on associations shall comply with the provisions in Article 13 of Decree No. 63/2019/ND-CP. Particularly, the utilization of property for production, business, leasing, joint-venture or association purposes at regulatory authorities, units affiliated to the People’s Armed Force, agencies affiliated to the Communist Party of Vietnam or units affiliated to socio-political organizations shall be penalized according to Clause 2 Article 8 of Decree No. 63/2019/ND-CP.

2. The utilization of public property for business, leasing, joint-venture or association purposes without decisions issued by competent authorities or officials in accordance with the Law on Management and Utilization of public property prescribed in Clause 1 Article 13 of Decree No. 63/2019/ND-CP is the utilization of public property for business, leasing, joint-venture or association purposes without decisions on approval for schemes on utilization of public property for business, leasing, joint-venture or association purposes issued by competent authorities at the time of conclusion of business, lease, joint-venture or association contracts or at the time of actual utilization of public property.

Article 7. Violations against regulations on access to and use of public property data prescribed in Article 17 of Decree No. 63/2019/ND-CP

The use of public property data on the national public property database for personal purposes without permission from the database management authority prescribed in Point d Clause 2 Article 17 of Decree No. 63/2019/ND-CP is the use of information on the national public property database for purposes other than those prescribed in the Circular No. 67/2018/TT-BTC dated August 06, 2018 of the Ministry of Finance on management, operation, exchange and use of information on national public property database without the permission from the database management authority.

Article 8. Violations against regulations on equipment and provision of property of state-funded projects prescribed in Article 18 of Decree No. 63/2019/ND-CP

1. The procurement of property without decisions issued by competent authorities prescribed in Clause 1 Article 18 of Decree No. 63/2019/ND-CP is the procurement performed without a Decision on equipment and provision of property issued by a competent authority as prescribed in the Law on management, utilization and disposal of property of state-funded projects at the time of conclusion of the procurement contract (where the conclusion of the procurement contract is required by law) or at the date specified in the sales invoice (where the conclusion of the procurement contract is not required by law).

2. The violation of failure to apply the centralized procurement method when purchasing property on the list of property items subject to centralized procurement method prescribed in Clause 2 Article 18 of Decree No. 63/2019/ND-CP is determined in each procurement.

3. The violation of procurement of property exceeding the limits imposed by competent authorities prescribed in Clause 3 Article 18 of Decree No. 63/2019/ND-CP shall be determined according to Clause 3 Article 4 of this Circular.

4. The violation of lease of property to serve management tasks of state-funded projects prescribed in Clause 4 Article 18 of Decree No. 63/2019/ND-CP shall be determined according to Article 5 of this Circular. The value of a property lease contract which is used as the basis for penalty imposition shall be determined according to Clause 4 Article 7 of Decree No. 63/2019/ND-CP.

Article 9. Violations against regulations on allocation and use of property of state-funded projects prescribed in Article 19 of Decree No. 63/2019/ND-CP

1. The allocation of property of state-funded projects beyond the limits prescribed in Clause 1 Article 19 of Decree No. 63/2019/ND-CP is the allocation of property of a state-funded project to eligible individuals or units in excess of the prescribed limits in terms of areas (in respect of working offices and public service facilities), or quantity or prices (in respect of means of travel, machinery, equipment and other property).

2. The exchange of property of state-funded projects inconsistently with regulations prescribed in Clause 3 Article 19 of Decree No. 63/2019/ND-CP is the exchange of public property of an organization for the property of another organization or individual without permission from a competent authority.

3. The appropriation of property of state-funded projects prescribed in Clause 5 Article 19 of Decree No. 63/2019/ND-CP which will be penalized is the act of holding and using public property without permission from a competent authority if not liable to criminal prosecution.

4. The violation against regulations on use of property of state-funded projects for business, leasing, joint-venture or association purposes prescribed in Clause 6 Article 19 of Decree No. 63/2019/ND-CP shall be determined according to Clause 2 Article 6 of this Circular.

Diều 10. Violations against regulations on disposal of property of state-funded projects prescribed in Article 20 of Decree No. 63/2019/ND-CP

1. The act of failure to request competent authorities to establish all-people ownership of property transferred by project experts or supervision consultancy contractors to Vietnam Government prescribed in Point b Clause 1 Article 20 of Decree No. 63/2019/ND-CP is the act of failure to carry out procedures for establishing all-people ownership of such property within the relevant time limit prescribed in Decree No. 29/2018/ND-CP dated March 05, 2018 prescribing procedures for establishing all-people ownership of property and disposal of property under established all-people ownership.

2. The act of selling, transferring, liquidating or destroying property without decisions issued by competent authorities prescribed in Clause 3 Article 20 of Decree No. 63/2019/ND-CP is the failure to obtain a decision issued by a competent authority in accordance with the Law on management and disposal of property of state-funded projects at the time of selling, transferring, liquidating or destroying such property.

Chapter III

IMPLEMENTION PROVISIONS

Article 11. Effect

1. This Circular comes into force from June 02, 2020.

2. This Circular supersedes the Circular No. 07/2014/TT-BTC dated January 14, 2014 of the Ministry of Finance elaborating and guiding the imposition of penalties for administrative violations against regulations on management and utilization of state-owned property under the Government’s Decree No. 192/2013/ND-CP dated November 21, 2013.

3. If legislative documents referred to in this Circular are amended or superseded, the new ones shall apply.

4. Difficulties that arise during the implementation of this Circular should be promptly reported to the Ministry of Finance for consideration./.

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