1. Some common administrative violations in the field of planning and investment during the operation of enterprises include violations of project implementation progress; violations of regulations on reporting regime and implementation of requirements of investment registration and business registration agencies; violations of regulations on enterprise establishment; declaration of enterprise registration dossiers; publication of enterprise registration contents...

In 2023 and 2024, in industrial parks in Long An, 26 secondary enterprises were sanctioned for administrative violations in the field of planning and investment. In particular, the violations that enterprises often commit are: Violating the project implementation progress (13 cases), adding project implementation locations but not registering for adjustment to the Investment Registration Certificate (3 cases), adding project implementation objectives and scale but not registering for adjustment to the Investment Registration Certificate (3 cases), foreign investors have put the project into operation but not registered for the issuance of the Investment Registration Certificate (2 cases), investors do not carry out procedures to request adjustment to extend the project's operating period (3 cases), violating regulations on enterprise establishment (2 cases).

The reason for the violation is due to the subjectivity of the enterprise, after being granted the Investment Registration Certificate, during the project implementation process, they did not pay attention to closely following the progress and content of the approved Investment Registration Certificate, and only when they encountered problems related to the environment, tax, and customs did they adjust the Investment Registration Certificate, thereby leading to administrative violations in investment.

On December 28, 2021, the Government issued Decree No. 122/2021/ND-CP regulating sanctions for administrative violations in the field of planning and investment. Accordingly, the drafting of the Decree aims to promptly amend and supplement the provisions stipulated in newly issued laws and decrees, ensuring that legal documents on planning and investment are implemented synchronously and effectively in practice. At the same time, a number of regulations that are no longer suitable and have no basis for sanctions are abolished. At the same time, promptly resolve difficulties and problems arising in the process of implementing legal provisions on handling administrative violations in the field of planning and investment, creating a legal basis and applying uniformly in the handling of administrative violations of the entire sector. This Decree takes effect from January 1, 2022 and replaces Decree No. 50/2016/ND-CP dated June 1, 2016 of the Government regulating administrative sanctions in the field of planning and investment.

The Decree stipulates administrative violations, forms of sanctions, levels of sanctions, remedial measures, authority to draw up records of administrative violations and authority to handle administrative violations in the field of planning and investment.

Administrative violations in the field of planning and investment are acts of law violation committed by organizations and individuals that are not crimes under the provisions of the Penal Code and are regulated in this Decree, including: (1) Violations of regulations in the field of investment (including: public investment, business investment in Vietnam, business investment from Vietnam to foreign countries, investment under the public-private partnership (PPP) method); (2) Violations of regulations in the field of bidding; (3) Violations of regulations in the field of business registration; (4) Violations of regulations in the field of planning. At the same time, administrative violations related to the field of planning and investment that are not regulated in this Decree shall be subject to the provisions on sanctioning administrative violations in the relevant field of state management.

The Decree applies to: (1) Vietnamese organizations and individuals and foreign organizations and individuals committing administrative violations in the field of planning and investment; (2) Persons with authority to draw up records and authority to sanction administrative violations as prescribed in this Decree; (3) Other agencies, organizations and individuals related to sanctioning administrative violations as prescribed in this Decree.

The Decree clearly stipulates the maximum fine for each field, accordingly: investment field is 300,000,000 VND; bidding field is 300,000,000 VND; business registration field is 100,000,000 VND; planning field is 500,000,000 VND.

The Decree also specifically stipulates the statute of limitations and the time to determine the statute of limitations for sanctioning administrative violations in the fields of investment, bidding and business registration is 01 year; for the field of planning is 02 years.

2. Some administrative violations in the construction sector

Since the beginning of the year, in the field of construction planning, the Economic Zone Management Board has inspected the project implementation, quality management, construction and maintenance of 18 projects; has transferred the dossier to the Department of Construction to request consideration of handling administrative violations of 12 projects.

On January 28, 2022, the Government issued Decree 16/2022/ND-CP on handling administrative violations in construction. Accordingly, the penalty for the act of organizing construction without a construction permit when a construction permit is required by regulations is stipulated in Clause 7, Article 16 of Decree 16/2022/ND-CP as follows:

- A fine of 60 - 80 million VND for the construction of individual houses;

- Fine from 80 to 100 million VND for construction of individual houses in conservation areas, historical - cultural relic areas or other construction works;

- Fine from 120 to 140 million VND for construction works requiring the preparation of investment feasibility study reports or works requiring the preparation of economic - technical investment reports.

During the investment and operation process, it is recommended that industrial park infrastructure enterprises and factory leasing enterprises pay attention to, propagate and disseminate legal policies and current situation, common violations so that secondary enterprises in industrial parks pay attention to implementation, avoiding unnecessary violations./.