Constructing Housing Without Protective Cover or Inadequately Covered Leading to Falling Construction Materials into Surrounding Areas Will be Fined Up to VND 5 Million
When Will Construction Order Management Begin?
Pursuant to Article 56 of Decree No. 15/2021/ND-CP, the regulations are as follows:
“Article 56. Construction Order Management
1. Construction order management must be implemented from the time of receiving the commencement notice, the start of construction work until the building is handed over for use, to detect, prevent, and promptly handle any violations.
2. Contents of construction order management:
a) For construction works that have been granted a construction permit: Construction order management is according to the contents of the granted construction permit and relevant legal regulations;
b) For construction works exempt from a construction permit, construction order management includes: checking the compliance with construction permit conditions for works exempt from permits according to point g Clause 2 Article 89 of the Construction Law 2014, amended and supplemented by Clause 30 Article 1 of Law No. 62/2020/QH14, compliance with the construction planning or specialized, technical planning, or the approved architectural management regulations or urban design and relevant legal regulations; checking the conformity of the construction with the key contents and parameters of the design approved by competent construction agencies for the case where the design has been evaluated.
…
5. Responsibilities of district-level and commune-level People's Committees:
a) Being responsible for managing construction order in their respective areas as delegated by the provincial-level People's Committee;
b) Organizing the monitoring, inspection, detection, prevention, and handling or proposing prompt handling of violations in their areas; enforcing the demolition of structures violating construction order according to legal regulations.”
Construction order management will begin from the time of receiving the commencement notice, starting the construction work until the building is handed over for use.
Construction of a house without sufficient protection or causing the falling of construction materials to the surrounding areas will be fined up to 5 million VND? (Image from the internet)
How Will the Construction of Individual Houses Without Proper Protection or Causing Falling Construction Materials to Surrounding Areas Be Penalized?
Pursuant to Article 31 of Decree No. 16/2022/ND-CP, the regulations are as follows:
“Article 31. Violations of Construction Order Regulations
1. Penalties for the act of constructing without protection measures or with measures that cause construction materials to fall into surrounding areas or place construction materials in undesignated places are as follows:
a) A fine ranging from 3,000,000 VND to 5,000,000 VND for constructing individual houses or other structures;
b) A fine ranging from 15,000,000 VND to 20,000,000 VND for constructing works that require a feasibility study report or an investment technical-economic report.
2. Penalties for organizing the construction of works that violate construction quality management regulations causing subsidence, cracking, damage to technical infrastructure works, adjacent buildings, or causing collapse or risk of collapse of adjacent buildings without causing harm to people's health or lives are as follows:
…
4. Additional penalties:
a) Revocation of competency certificates or practice certificates from 03 months to 06 months for violations specified in Clause 3 of this Article;
b) Confiscation of material evidence, means of administrative violations for violations specified in Clause 3 of this Article.
5. Remedial measures: requiring protection as prescribed and rectifying environmental pollution (if any) for violations specified in Clause 1 of this Article.”
Thus, based on the act of violating construction order regulations, an appropriate administrative penalty level may be determined according to the above provisions.
Accordingly, for the act of constructing individual houses without proper protection or causing construction materials to fall into surrounding areas, the contractor or organization, and individual involved in construction activities will be fined from 3,000,000 VND to 5,000,000 VND.
Additionally, based on the violation of construction order regulations, additional penalties and remedial measures may be assessed according to the above provisions.
The administrative penalty level above is only applicable to violating organizations. In case of violators being individuals, the administrative penalty will be 1/2 of that for organizations.
What Is the Time Limit for Administrative Penalties for Violations of Construction Order Regulations By Contractors Or Organizations And Individuals Participating In Construction Activities?
Pursuant to Article 5 of Decree No. 16/2022/ND-CP, the regulations are as follows:
“Article 5. Statute of Limitations for Administrative Penalties
1. The statute of limitations for administrative penalties is 01 year for real estate business activities, management of technical infrastructure works, and the production of construction materials.
The statute of limitations for administrative penalties is 02 years for construction activities, management, and development of housing.
2. The time to calculate the statute of limitations for administrative penalties as prescribed in Clause 1 of this Article is specified as follows:
…
o) For construction violations stipulated in this Decree, except for cases specified in points a, b, c, d, dd, e, g, h, i, k, l, m, n of this Clause, the person with authority to penalize shall rely on the Law on Handling Administrative Violations and relevant documents to determine the starting time of the statute of limitations for penalties.”
The statute of limitations for administrative penalties for violations of construction order regulations by contractors or organizations and individuals engaging in construction activities is 02 years.
LawNet
