Decree 16/2022/ND-CP on sanctioning of administrative violations related to construction
New regulations on sanctioning of administrative violations on construction work commencement
The Decree No. 16/2022/ND-CP on sanctioning of administrative violations related to construction is promulgated by the Government on January 28, 2022.
According to the Decree, a fine ranging from VND 5,000,000 to VND 10,000,000 shall be imposed for any of the following acts of violations: Failing to send a written notice of the commencement date (enclosed with copies of construction permits and construction design dossiers) to competent agencies; Failing to notify or notifying competent agencies of the commencement date later than the prescribed deadline, or sending a notification without construction design dossiers enclosed as regulated in case of exemption from construction permit; etc.
Except the construction of single-detached houses, the act of commencing the construction work but failing to satisfy one of the requirements, including the availability of the construction site for entire or partial transfer according to the project schedule; the construction contract signed by and between the project owner and the contractor; measures to ensure safety and environmental protection in the execution of construction shall be imposed a fine ranging from VND 30,000,000 to VND 50,000,000.
Besides, remedial measures applicable to the above acts of violations include: Forcible handover of construction site according to the project schedule; forcible signing of a construction contract between the project owner and the contractor; forcible preparation of measures to ensure safety and environmental protection during construction for the violations.
This Decree takes effect from the signing date.
For further details of the Decree 16/2022/ND-CP, Click here
translation of the Official Gazette of the Vietnam News Agency
THE SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
Hanoi, January 28, 2022
On sanctioning of administrative violations related to construction
Pursuant to the Law on Organization of the Government dated June 19, 2015; the Law Amending and Supplementing a Number of Articles of the Law on Organization of the Government and the Law on Organization of Local Administration dated November 22, 2019;
Pursuant to the Law on Handling of Administrative Violations dated June 20, 2012; the Law amending and supplementing a number of articles of the Law on Handling of Administrative Violations dated November 13, 2020;
Pursuant to the Law on Construction dated June 18, 2014; the Law Amending and Supplementing a Number of Articles of the Law on Construction dated June 17, 2020;
Pursuant to the Law on Housing dated November 25, 2014;
Pursuant to the Law on Real Estate Business dated November 25, 2014;
Pursuant to the Law on Urban Planning dated June 17, 2009;
Pursuant to the Law on Architecture dated June 13, 2019;
Pursuant to the Law on Investment dated June 17, 2020;
Pursuant to the Law on Environmental Protection dated November 17, 2020;
At the proposal of the Minister of Construction;
The Government hereby promulgates the Decree on sanctioning of administrative violations in construction.
Article 1. Scope of regulation
This Decree provides regulations on administrative violations, sanctioning forms and levels, remedial measures, competence to sanction and competence to make written records of administrative violations related to construction.
Administrative violations related to construction specified in this Decree include: Construction activities, building material production, management of technical infrastructure works, real estate business, housing management and development.
Article 2. Subjects of application
1. Domestic and foreign organizations and individuals that commit administrative violations within the territory of the Socialist Republic of Vietnam, unless otherwise provided by treaties to which the Socialist Republic of Vietnam is a contracting party.
2. Persons competent to make written records of administrative violations, apply deterrent measures and ensure the sanction of administrative violations, and persons competent to sanction administrative violations.
3. Other agencies, organizations and individuals involved in the sanction of administrative violations specified in this Decree.
Article 3. Interpretation of terms
1. Other works specified in this Decree are works that are not subject to requirements to make construction investment feasibility study reports, works that are not subject to requirements to make economic-technical reports on construction investment and are not single-detached houses of households or individuals.