Decree No. 180/2007/ND-CP of December 7, 2007, detailing and guiding the implementation of a number of articles of the Construction Law regarding the handling of violations of urban construction order

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Decree No. 180/2007/ND-CP of December 7, 2007, detailing and guiding the implementation of a number of articles of the Construction Law regarding the handling of violations of urban construction order
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Official number:180/2007/ND-CPSigner:Nguyen Tan Dung
Type:DecreeExpiry date:
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Issuing date:07/12/2007Effect status:
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Fields:Administrative violation , Construction
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THE GOVERNMENT
SOCIALIST REPUBLIC OF VIET NAM
Independence - Freedom Happiness
No. 180/2007/ND-CP
Hanoi, December 7, 2007
 
DECREE
DETAILING AND GUIDING THE IMPLEMENTATION OF A NUMBER OF ARTICLES OF THE CONSTRUCTION LAW REGARDING THE HANDLING OF VIOLATIONS OF URBAN CONSTRUCTION ORDER
THE GOVERNMENT
 
Pursuant to the December 25, 2001 Law on Organization of the Government;
Pursuant to the November 26, 2003 Construction Law;
At the proposal of the Minister of Construction,
DECREES:
Chapter 1.
GENERAL PROVISIONS
Article 1- Scope of regulation
This Decree details and guides the handling of violations of urban construction order stipulated in Clauses 1, 2. 4, 5 and 6, Article 10; Clause 5, Article 67; Article 86; Article 94; and Clause 2, Article 120 of the Construction Law.
Article 2.- Subjects of application
1. Organizations and individuals engaged in building activities committing acts that violate urban construction order.
2. Cadres, public employees and servants assigned to manage urban construction order and related organizations and individuals.
Article 3.- Principles of handling of violations
1. Construction works and components thereof (below referred to as construction works for short) in violation of urban construction order must be detected, stopped and handled in a prompt and thorough manner.
2. Organizations and individuals involved in building works in violation of urban construction order and organizations and individuals assigned to manage urban construction order but letting violations occur shall be handled under the provisions of this Decree and relevant laws.
Article 4.- Measures for handling violations of urban construction order
Acts of violation of urban construction order must be handled in one or more of the following forms:
1. Suspension of building activities.
2. Termination of building activities, application of measures of ceasing the supply of electricity and water; notifying competent agencies not to provide electricity and water services, business activities and other services for construction works in violation.
3. Enforcement of dismantlement of works in violation.
4. Forced compensation for damage caused by acts of violation.
5. Sanctioning of administrative violations in building activities. Serious violations may be handled in accordance with the penal law.
6. In addition to handling forms specified in Clauses 1, 2, 3, 4 and 5 of this Article, investors, construction contractors, designing consultancy contractors and construction supervision contractors that commit acts of violation of urban construction order will have their names publicized on the website of the Ministry of Construction and the mass media.
Article 5.- Construction works in violation of urban construction order
Construction works in violation of urban construction order to be handled under the provisions of this Decree include:
1. Construction works prescribed by law to have construction permits but having no construction permit
2. Construction works built in violation of construction permits granted by competent agencies.
3. Construction works built in violation of designs already appraised and approved by competent agencies; in violation of 1/500-scale detailed construction plans already approved by competent agencies (for construction works exempted from obtaining a construction permit).
4. Construction works affecting the quality of adjacent ones or the environment and communities.
Chapter 2
RESPONSIBILITY TO ENSURE URBAN CONSTRUCTION ORDER
Article 6.- Responsibilities of investors
1. To strictly comply with the provisions of law on construction.
2. To suspend building activities, dismantle by themselves construction works in violation immediately after a written record of suspension of building activities is issued.
3. To pay all dismantlement expenses when their works are dismantled under decisions on enforcement of dismantlement.
4. To pay compensations for damage caused by their acts of violation; if causing serious consequences; to be handled in accordance with the penal law.
5. Other responsibilities prescribed by law.
Article 7.- Responsibilities of construction contractors
1. To strictly comply with the provisions of law on construction.
2. To suspend building activities after a written record on suspension of building activities is issued.
3. To pay compensations for damage caused by their acts of violation.
4. Other responsibilities prescribed by law.
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