On December 28th, 2021, the Government issued Decree No. 122/2021/ND-CP prescribing penalties for administrative violations against regulations on Planning and Investment to replace Decree No. 50/2016/ND-CP dated June 1st, 2016, followed by some notable changes:
- Changing on the determination of administrative violations in Planning and Investment field including:
Administrative violations in Planning and Investment field are illegal acts committed by organizations, individuals which is not a crime as stipulated by the Criminal Code and specified in this Decree, including:
– Violations against regulations on investment (including public investment, business investment in Vietnam, outward investment from Vietnam to other countries, investment under public-private partnerships (PPP));
– Violations against regulations on bidding;
– Violations against regulations on enterprises registration;
– Violations against regulations on planning.
- Supplement on the regulations of applicable fines limitations:
The maximum applicable fine for administrative violations is regulated as follows:
– On investment filed: 300.000.000 VND;
– On bidding filed: 300.000.000 VND;
– On enterprises registration filed: 100.000.000 VND;
– On enterprises planning filed: 500.000.000 VND.
Besides that, this Decree also adjusts on the applicable fine, following remedial measures with some violations and the power to impose penalties of Inspectors of Planning and Investment authorities, People’s Committees, Tax authorities, Market Surveillance authorities.
This Decree takes effect from January 1st, 2022.
