However, after 18 months, the project was not completed. Mr. Hai submitted an application to adjust the construction schedule, requesting an extension of 24 months.

Mr. Hai inquired whether his company would be penalized according to Point c, Clause 2, Article 17 and Point a, Clause 2, Article 19 of Decree No. 122/2021/ND-CP dated December 28, 2021.

The Ministry of Planning and Investment responded to this issue as follows:

Point d, Clause 3, Article 41 of the 2020 Investment Law states that investors with investment projects that have been granted investment approval must carry out procedures to adjust the investment approval if "the extension of the project implementation period exceeds 12 months compared to the schedule specified in the initial investment approval document."

Clause 4, Article 41 of the 2020 Investment Law further specifies that "For investment projects that have been granted investment approval, investors are not allowed to adjust the project implementation schedule for more than 24 months compared to the schedule specified in the initial investment approval document."

Therefore, to determine the administrative violation and the timeframe for penalties, it is necessary to consider the timing of the investor's submission of the request to adjust the investment approval. Accordingly:

 - If the investor submits the request to adjust the investment approval before the deadline specified in the initial investment approval document, there will be no administrative penalty.

 - If the investor submits the request to adjust the investment approval after the project implementation deadline specified in the initial investment approval document has passed, they will be subject to administrative penalties according to the provisions of Point a, Clause 2, Article 19 of Decree No. 122/2021/ND-CP.

- If the project implementation deadline specified in the initial investment approval document has passed, and the investor does not carry out the procedures to adjust the investment approval, they will be subject to administrative penalties according to the provisions of Point c, Clause 2, Article 17 of Decree No. 122/2021/ND-CP.