What are the administrative penalties for failing to store surveying samples or surveying documents in Vietnam?
What are requirements of a construction survey in Vietnam?
Pursuant to Article 74 of the Law on Construction 2014, it is stipulated as follows:
“Article 74. Requirements for construction surveys
1. The construction survey task, and technical plan for the survey must be formulated to suit the type, classification of the construction work, survey type, design phase, and the requirements for construction design formulation.
2. The technical plan for the construction survey must meet the requirements of the survey task and comply with applicable technical standards and regulations concerning construction surveys.
3. The construction survey work must follow the approved technical plan, ensure safety, protect the environment, meet the requirements of the approved survey task, and be inspected, supervised, and accepted according to regulations.
4. The results of the construction survey must be documented in a report, ensuring honesty, objectivity, accurately reflecting reality, and must be approved.
5. The construction survey contractor must have adequate capacity fitting the type, classification of the construction work, and the type of survey."
When conducting construction survey activities, the requirements mentioned above must be assured.
What are the administrative penalties for failing to store surveying samples or surveying documents in Vietnam?
How many types of construction surveys are there in Vietnam?
Based on Article 73 of the Law on Construction 2014, the following types of surveys are specified:
"Article 73. Types of construction surveys
1. Topographic survey.
2. Geological engineering survey.
3. Hydrogeological survey.
4. Current condition survey of existing buildings.
5. Other survey works serving construction investment activities decided by the investment decider."
Currently, there are 5 types of construction surveys listed as per the regulations above.
What are the administrative penalties for failing to store surveying samples or surveying documents in Vietnam?
According to Article 27 of Decree 16/2022/ND-CP, the provisions are as follows:
"Article 27. Violations concerning construction survey regulations
1. Fines ranging from VND 30,000,000 to VND 40,000,000 shall be imposed for one of the following actions:
a) Using personnel, equipment, or laboratories incongruent with the approved technical plan for the construction survey;
b) Laboratory test results not meeting stipulated requirements;
c) Not storing survey samples or survey documents according to the regulations.
2. Fines ranging from VND 40,000,000 to VND 50,000,000 shall be imposed for one of the following actions:
a) Not drafting survey tasks or technical plans;
b) Drafting technical plans incongruous with the survey task or incompatible with the applied standards and technical regulations for construction surveys;
c) Drafting survey tasks or technical plans unsuitable for the type, classification of the construction work, or the survey type;
d) Conducting surveys without the approval of the survey task or technical plans;
đ) Performing surveys not aligned with the approved survey task or technical plans, or violating the survey sequence according to regulations;
e) Not purchasing professional liability insurance as required;
g) Not using topographic maps or using them incongruently with different types of planning projects;
h) Failing to supplement survey measurements when the topographic survey maps do not match the current state, are not created by a legally qualified entity at the time of planning, or are only cadastral maps.
3. Fines ranging from VND 50,000,000 to VND 60,000,000 shall be imposed for reporting survey documents or data incorrectly or incongruently, leading to design adjustments.
4. Remedial measures:
a) Obligation to use suitable personnel, equipment, and laboratories according to the approved technical plan for construction surveys concerning the action specified in point a, clause 1 of this Article for works that have not yet commenced or are under construction;
b) Obligation to re-conduct tests with laboratory test results including all mandated requirements for the action described in point b, clause 1 of this Article;
c) Obligation to devise survey tasks, technical plans for construction surveys concerning the action specified in point a, clause 2 of this Article for works that have not yet commenced or are under construction;
d) Obligation to re-draft survey tasks, technical plans for construction surveys, and re-conduct the survey for the actions specified in points b, c, d, and đ clause 2 of this Article for works that have not yet commenced or are under construction;
đ) Obligation to purchase professional liability insurance for the action described in point e, clause 2 of this Article if the results of the survey have not been accepted by the investor."
Thus, according to the above regulations, violations regarding construction survey practices will determine the level of administrative penalty. Actions such as not storing survey samples or documents will incur administrative penalties ranging from VND 30,000,000 to VND 40,000,000.
Additionally, violators must undertake corresponding remedial measures as stated above.
Note, administrative penalties specified above only apply to organizational violations. In cases of individual violations, the administrative penalty will be half the amount imposed on organizations.
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