Is it necessary to adjust construction permits upon the change of the size of the construction work in Vietnam?
- Is it necessary to adjust construction permits upon the change of the size of the construction work in Vietnam?
- How to handle the act of failing to adjust the construction permit upon the change of the size of the construction work in Vietnam?
- Which agency has the authority to adjust construction permits in Vietnam?
Is it necessary to adjust construction permits upon the change of the size of the construction work in Vietnam?
In Article 98 of the Law on Construction 2014, there are provisions on adjustment of construction permits as follows:
Adjustment of construction permits
1. In the course of construction, if there are adjustments to the design resulting in changes in one of the following contents, project owners shall request adjustment of construction permits:
a/ Change of the external architecture of the work, for works in urban centers or areas subject to architecture management requirements;
b/ Change of one of the following factors: construction location and area; size, height and number of stories of the work and other factors affecting its main force-bearing structure;
c/ Adjustment of the interior design of the work resulting in a change of its utility and affecting safety, fire and explosion prevention and fighting or environmental protection.
2. A dossier of request for adjustment of a construction permit must comprise:
a/ A written request for adjustment of a construction permit;
b/ The granted original construction permit;
c/ Design drawings related to the adjustment to the design permitted in the granted construction permit;
d/ A report on appraisal results and written approval of the adjusted design (except for separate houses) of the project owner, containing a content on assurance of force-bearing safety, fire and explosion prevention and fighting and environmental protection.
Thus, in case of change of the size of the work, the construction permits must be adjusted. In case of failure to adjust, organizations and individuals will be handled according to the provisions of law.
Is it necessary to adjust construction permits upon the change of the size of the construction work in Vietnam?
How to handle the act of failing to adjust the construction permit upon the change of the size of the construction work in Vietnam?
In Article 16 of Decree 16/2022/ND-CP, there are regulations on violations of regulations on construction order as follows:
Violation of regulation on construction order
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3. Impose penalties for failing to adopt procedures for revising or extending the construction permit as follows:
a) A fine ranging from VND 15.000.000 to VND 20.000.000 shall be imposed in case of detached houses;
b) A fine ranging from VND 25.000.000 to VND 30.000.000 shall be imposed on construction of detached houses in sanctuaries, historical - cultural heritages, or other structures;
c) A fine ranging from VND 60.000.000 to VND 80.000.000 shall be imposed on construction of structures that require feasibility study of construction investment or economic - technical report on construction investment.
4. Impose penalties for organizing construction in manner not conforming to construction permit issued for repair, renovation or relocation, or term construction permit as follows:
a) A fine ranging from VND 15.000.000 to VND 20.000.000 shall be imposed in case of detached houses;
b) A fine ranging from VND 25.000.000 to VND 30.000.000 shall be imposed on construction of detached houses in sanctuaries, historical - cultural heritages, or other structures;
c) A fine ranging from VND 70.000.000 to VND 90.000.000 shall be imposed on construction of structures that require feasibility study of construction investment or economic - technical report on construction investment.
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14. Additional forms of penalty:
a) Suspension of construction permit for 3 to 6 months (if any) for violations under Point a Clause 12 and Point a Clause 13 of this Article;
b) Suspension of construction permit for 6 to 9 months (if any) for violations under Point b Clause 12 and Point b Clause 13 of this Article;
c) Suspension of construction permit for 9 to 12 months (if any) for violations under Point c Clause 12 and Point c Clause 13 of this Article;
d) Confiscation of exhibits and instrument of administrative violations for violations under Clause 12 and Clause 13 of this Article.
15. Remedial measures:
a) Mandated installation of safety nets as per the law and rectification of environmental pollution (if any) for violations under Clause 1 of this Article;
b) Mandated adoption of procedures for revision or extension of construction permit or disclosure of construction permit for violations under Clause 2 and Clause 3 of this Article;
c) Mandated dismantlement of structure, or parts of structure that violate regulations for violations under Clause 4, Clause 6, Clause 7, Clause 8 (if the violations have concluded), Clause 9, Clause 10, Clause 12, and Clause 13 of this Article.
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Point c, Clause 3, Article 4 of Decree 16/2022/ND-CP stipulates:
Form of penalty, maximum fine, remedial measures, and entitlement to impose penalties
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3. In this Decree, the maximum fine is regulated as follows:
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c) Fines mentioned under this Decree apply to organizations (except for fines under Point a, Point b, and Point c Clause 1 Article 24; Point a, Point b, and Point c Clause 1 Article 59, Point a Clause 3 Article 64, Article 65, Clause 1 (except for Point e) Article 70 of this Decree which apply to individuals). Fine imposed on an individual shall equal half of that imposed on an organization for the same violation.
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Thus, when an organization expands its construction area, it must adjust its construction permit. Therefore, in case of failing to adjust the construction permit when expanding the construction area, the penalty level will be determined according to the above regulations based on the specific case.
At the same time, it was forced to carry out adjustment procedures when expanding the construction area.
Which agency has the authority to adjust construction permits in Vietnam?
In Article 103 of the Law on Construction 2014, amended by Clause 37, Article 1 of the Amended Construction Law 2020, the competence to adjust construction permits as follows.
- Provincial-level People’s Committees grant construction permits for construction works requiring construction permits in their provinces, except those prescribed in Clause 3 of this Article. Provincial-level People’s Committees may decentralize powers to provincial-level Construction Departments, and management boards of industrial parks, export processing zones, hi-tech parks and economic zones and district-level People’s Committees to grant construction permits under the scope of management and functions of these agencies.
- District-level People’s Committees grant construction permits for grade-III and grade-IV works and detached houses in the territories under their management.
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