How much money will be fined if not consulted with relevant agencies, organizations, individuals or communities on the planning task in Vietnam?
- Based on what bases to make construction planning?
- How much fine will be the fine for not consulting agencies, organizations, individuals or communities on planning task in Vietnam?
- What is the level of administrative sanction for the act of adjusting the planning not in accordance with national technical regulations and standards?
Based on what bases to make construction planning?
Pursuant to Article 13 of the 2014 Law on Construction (amended by Clause 2, Article 28 of the Law on Amending and Supplementing a number of Articles of 37 Laws related to planning in 2018) stipulates as follows:
“Article 13. Construction planning
1. Construction plannings of inter-district regions, construction plannings of districts, construction plannings of functional zones are plannings of technical and specialized nature.
2. Urban planning means planning under the national planning system, including planning types specified in the Law on Urban Planning.
The organization of elaboration, appraisal, approval, adjustment and implementation of urban planning in accordance with the law on urban planning.
3. Rural planning means planning under the national planning system, including the types of planning specified in Clause 2, Article 29 of this Law.
4. Bases for formulation of construction planning include:
a) Strategy for socio-economic development, national defense and security; the development strategy of the industry or field in the same development period;
b) National planning, regional planning, provincial planning;
c) Planning for the previous period;
d) Technical regulations on construction planning and other relevant regulations;
dd) Maps, documents and data on the current socio-economic status and natural conditions of the locality.”.
Accordingly, the construction planning will be based on the above contents.
How much money will be fined if not consulted with relevant agencies, organizations, individuals or communities on the planning task in Vietnam? (Image from the internet)
How much fine will be the fine for not consulting agencies, organizations, individuals or communities on planning task in Vietnam?
Pursuant to Article 9 of Decree 16/2022/ND-CP stipulating as follows:
“Article 9. Violations against regulations on formulation of construction and urban plannings
1. A fine of between VND 150,000,000 and VND 200,000,000 shall be imposed for one of the following acts:
a) Organize the formulation of planning tasks, planning projects, adjustment planning tasks or planning adjustment projects that do not conform to the prescribed requirements, principles, content and time;
b) Failing to collect opinions or collecting opinions in contravention of regulations of relevant agencies, organizations, individuals or residential communities on planning tasks, planning projects, adjusted construction planning tasks; , construction planning adjustment project according to regulations;
c) Organize drawing of total ground, work architecture plan, technical infrastructure solutions in basic design content, for construction investment projects with scale of less than 5 hectares (less than 5 hectares). 2 ha for an investment project to build an apartment building) which is not in accordance with the construction subdivision planning.
2. Remedial measures:
a) Forcing the reorganization of planning tasks, planning projects, adjusted planning tasks, adjusted planning projects, and submitting them for appraisal and approval in accordance with the provisions of Point a, Clause 1 of this Article before they have been approved. zoning.
b) Forcing the organization to collect additional opinions from related agencies, organizations, individuals or residential communities with the acts specified at Point b, Clause 1 of this Article without approving the planning.
c) Enforce the re-organization of the drawing of the total ground, the work architectural plan, the technical infrastructure solution in accordance with the construction subdivision planning with the acts specified at Point c, Clause 1 of this Article, for works that have not been started or are under construction.”
Accordingly, if the concerned agencies, organizations, individuals or communities are not consulted on the planning task in Vietnam, they will be fined up to 200,000,000 VND.
What is the level of administrative sanction for the act of adjusting the planning not in accordance with national technical regulations and standards?
Pursuant to Article 10 of Decree 16/2022/ND-CP stipulating as follows:
“Article 10. Violations against regulations on adjustment of construction planning, adjustment of urban planning
1. A fine ranging from VND 250,000,000 to VND 300,000,000 shall be imposed for one of the following acts:
a) Adjustment of the planning not in accordance with national technical regulations and applicable standards;
b) The planning adjustment is not in accordance with the bases, conditions, principles and order of adjustment;
c) Adjustment of the drawing of the total ground, the architectural plan of the work, the solution of technical infrastructure in the basic design, for construction investment projects with a scale of less than 5 hectares (less than 2 hectares). ha for an investment project on construction of apartment buildings) not in accordance with the construction subdivision planning.
2. Remedial measures:
a) Forcible adjustment of construction planning in accordance with regulations with the acts specified at Points a and b, Clause 1 of this Article, for works that have not yet started or are under construction;
b) Forcible adjustment of the drawing of the total ground, the architectural plan of the work, the technical infrastructure solution in accordance with the construction zoning planning, with the acts specified at Point c, Clause 1 of this Article, for the works; has not started or is under construction.”
Accordingly, for the act of adjusting the planning not in accordance with the national technical regulations, a fine ranging from VND 250,000,000 to VND 300,000,000 will be imposed.
The level of administrative sanction according to the above provisions applies only to violating organizations. In case an individual violates, the administrative sanction will be 1/2 of that of the organization.
In addition, based on violations to determine remedial measures according to the above provisions.
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