Tiếng Việt
中文 (中国)
When commencing construction on Vietnam’s soil, there are many regulations that the builders must pay attention to and comply. If they don’t comply with the law, they will be punished accordingly. So, what are the regulations on the illegal commencement of housing construction in Vietnam?
Required aspects when commencing a housing construction in Vietnam
Clause 39, Article 1 of the revised Law on Construction 2020 stipulates that when commencing a construction project, the following conditions must be satisfied:
- There is a construction site to hand over in whole or in part according to the construction progress.
- For works requiring a construction permit, a permit must be obtained as prescribed.
- Having the approved construction drawing design of the work item, the start-up work has been approved.
- The investor has signed a contract with the contractor to carry out construction activities related to the work commenced in accordance with the law.
- Take measures to ensure safety and protect the environment during construction.
- The investor has sent a notice of the construction start date to the local state management agency in charge of construction at least 03 working days before the time of construction commencement.
In all 6 above requirements, the construction permit is the most important aspect of all because the permit grants the builder the right to build a building on that land.
Accordingly, if a construction permit is required, it is not allowed to start construction of houses before obtaining the permit.
Penalties for starting construction before obtaining a construction permit
Acts of starting construction of houses before obtaining a construction permit are considered illegal construction acts. The builder or the organizations that are responsible for that action will be administratively sanctioned.
Clause 5, Article 15 of Decree No. 139/2017/ND-CP stipulates the level of sanction for the act of organizing construction without a construction permit as follows:
(1) For separate houses in conservation zones, historical-cultural relics, or construction of other works not falling into case (2): A fine ranging from 10 to 20 million VND.
(2) For building separate houses in urban areas: A fine ranging from 20 to 30 million VND.
In addition to the above administrative sanctions, the organizations, and individuals that commit violations will also be made a record of the violation and are commanded to stop the action immediately by the competent authority.
Remedies method
Within 60 days from the date of making the record, the violators will then need to carry out procedures to apply for a construction permit. This content is clearly stated in Clause 12, Article 15 of Decree 139/2017/ND-CP.
Thus, organizations and individuals that build houses have a maximum time limit of 60 days from the date of making a record of administrative violations to carry out procedures to apply for a construction permit.
If the above time limit expires, but the violating individual or organization fails to present the construction permit, the person with sanctioning competence shall issue a notice to take measures to force the demolition of the entire house or parts of the house which is still under construction.
If the construction permit is acquired within the time limit, construction may continue only if the person with sanctioning competence makes a record of inspection and recording of the current state of the work in accordance with the issued construction permit.
Even if the construction permit is acquired but the current state of the work is not consistent with the issued construction permit, the house will be forced to be dismantled.
Accordingly, even if a building permit is obtained, it may still be necessary to demolish all or part of the house if the written certification of the current state of the house is not in accordance with the issued construction permit. Consequently, before starting construction, it is necessary to obtain a construction permit and comply with the content of that permit.
ASL LAW is the top tier Real Estate law firm in Vietnam. If you need any advice, please contact us for further information or collaboration.
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