What are the penalties for failing to meet the deadline for construction planning in Vietnam?
What are the penalties for failing to meet the deadline for construction planning in Vietnam?
Pursuant to Article 28 of Decree 16/2022/ND-CP stipulates as follows:
“Article 28. Violation of regulations on producing construction planning
1. A fine ranging from VND 10.000.000 to VND 20.000.000 shall be imposed on failing to meet the deadline for planning.
2. A fine ranging from VND 30.000.000 to VND 40.000.000 shall be imposed on:
a) Failing to ensure compliance with regulations and law of drawing layout or legends;
b) Using geography maps in a manner contradicting the law for producing planning schemes.
3. A fine ranging from VND 40.000.000 to VND 50.000.000 shall be imposed on:
a) Failing to produce adequate planning tasks as per the law;
b) Failing to consult adequate entities in adequate form and in adequate time about planning;
c) Failing to produce adequate documents for approval, inspection or documents consulting about planning tasks, schemes;
d) Failing to obtain seal of planning inspection authorities on the planning schemes once decisions on approval have been issued;
dd) Failing to submit approved planning dossiers to construction planning authority for storage as per the law.
4. A fine ranging from VND 60.000.000 to VND 80.000.000 shall be imposed on:
a) Failing to ensure adequacy of presentation or components of drawings in the planning schemes;
b) Failing to produce urban planning design with adequate drawings and details and management regulations as per the law;
c) Failing to produce construction planning in a manner consistent and conforming to planning of higher levels.
5. Remedial measures:
a) Mandated law compliant use of geography maps for preparation of planning schemes for violations under Point b Clause 2 of this Article if planning has not been approved;
b) Mandated preparation of planning tasks, documents for inspection, approval or documents on consultation for violations under Point a and Point c Clause 3 of this Article if planning has not been approved;
c) Mandated consultation with relevant agencies, organizations, individuals, or community for violations under Point b Clause 3 of this Article if planning has not been approved;
d) Mandated submission of approved construction planning documents to planning authorities for storage for violations under Point dd Clause 3 of this Article if planning has not been approved;
dd) Mandated preparation of presentation, drawings of construction planning schemes, and urban design dossiers for violations under Clause 4 of this Article if planning has not been approved.”
Accordingly, based on violation of regulations on producing construction planning to determine the appropriate level of administrative penalties according to the above provisions. For acts of failing to meet the deadline for planning, an administrative fine of between VND 10,000,000 and 20,000,000 shall be imposed.
In addition to administrative penalties, based on violations of regulations on construction planning to determine remedial measures corresponding to violations as prescribed above.
The administrative penalty in the above provisions applies only to violating organizations. In case of individual violations, the administrative sanction is 1/2 of that of organizations.
What are the penalties for failing to meet the deadline for construction planning in Vietnam?
What are the bases for formulating construction planning in Vietnam?
Pursuant to Article 13 of the Law on Construction in 2014 (amended by Clause 2, Article 28 of the Law amendments to some articles concerning planning of 37 Laws in 2018) stipulates as follows:
“Article 13. Construction planning
1. Inter-district construction planning, district construction planning and dedicated area construction planning is the detailed planning.
2. Urban planning is the planning mentioned in the national planning and includes the one specified by the Law on Urban Planning.
Formulation, appraisal, approval, adjustment and implementation of the urban planning shall comply with regulations of the law on planning.
3. Rural planning is the planning mentioned in the national planning and includes the one specified in Clause 2 Article 29 of this Law.
4. Bases for formulating construction planning include:
a) Socio - economic development, national defense and security strategies and plans; industry distribution and development strategies during the same period;
b) National planning, regional planning and provincial planning;
c) Planning in the previous planning;
d) Technical standards for urban planning and other relevant standards;
dd) Maps, documents and data on local current socio - economic conditions and natural conditions.”
Accordingly, construction planning is made based on the bases listed in the above regulations.
What is the order of construction planning and approving construction planning in Vietnam?
Pursuant to Article 20 of the Law on Construction in 2014 (amended by Clause 5, Article 28 of the Law amendments to some articles concerning planning of 37 Laws in 2018) stipulates as follows:
“Article 20. Order of construction planning and approving construction planning
Construction planning shall be demonstrated through construction plans and must comply with the following order:
1. Devising and approving construction planning tasks;
2.Conduct field investigations and surveys; collect maps, documents and data on natural conditions, current socio-economic conditions, national planning, regional planning and provincial planning concern to set up a construction planning project.;
3. Formulating construction plans;
4. Appraising and approving construction plans.”
Thus, the formulation of construction planning and construction planning approvals are carried out in the order specified above.
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