Vietnam: Up to VND 60,000,000 to be fined for failing to approve the construction design to a specialized construction agency for appraising?
- Up to VND 60,000,000 to be fined for failing to approve the construction design to a specialized construction agency in Vietnam for appraising?
- What are the penalties for approving construction design in a manner not satisfactory to national technical regulations in Vietnam?
- What are the penalties for approving construction design without meeting economic technical requirements in Vietnam?
Up to VND 60,000,000 to be fined for failing to approve the construction design to a specialized construction agency in Vietnam for appraising?
Pursuant to Clause 1, Article 13 of Decree 16/2022/ND-CP stipulates as follows:
“Article 13. Violation of regulation on construction design (design following fundamental design, one-step design) and construction estimate
1. A fine ranging from VND 40.000.000 to VND 60.000.000 shall be imposed on:
a) Failing to approve construction design as per the law for structures within projects where feasibility study report of construction investment is required;
b) Failing to submit construction design to construction authorities for appraisal as per the law;
c) Failing to organize commissioning in a manner satisfactory to regulations and law.”
Accordingly, the act of failing to approve construction design as per the law for structures within projects where feasibility study report of construction investment is required will be subject to an administrative penalty of from VND 40,000,000 to VND 60,000,000.
Vietnam: Up to VND 60,000,000 to be fined for failing to approve the construction design to a specialized construction agency for appraising? (Image from the internet)
What are the penalties for approving construction design in a manner not satisfactory to national technical regulations in Vietnam?
Pursuant to Clause 2, Article 13 of Decree 16/2022/ND-CP stipulates as follows:
“Article 13. Violation of regulation on construction design (design following fundamental design, one-step design) and construction estimate
…
2. A fine ranging from VND 60.000.000 to VND 80.000.000 shall be imposed on:
a) Failing to organize preparation of construction design tasks in a manner satisfactory to investment guidelines or containing adequate details as per the law;
b) Revising construction design without obtaining reappraisal or reapproval as per the law when any of the following details is changed: engineering geology, design structural load, structural solutions, load-bearing structural components, or construction solutions that effect safety and load-bearing capacity of the structure;
c) Approving construction design in a manner not satisfactory to national technical regulations or applied standards or conforming to expired construction standards;
d) Approving design of the subsequent step in a manner unsatisfactory to primary details and configurations of the design of the previous step; approving construction drawing which is not conforming to design tasks in case of one-step design;
dd) Approving technical specifications without conforming to technical regulations applicable to the approved construction and requirements of construction design;
e) Approving safety design in manner exceeding the regulations thereby causing waste in case of construction utilizing public investment, non-public investment state capital, public-private partnership projects.”
Accordingly, acts of approving construction design in a manner not satisfactory to national technical regulations or applied standards or conforming to expired construction standards will be subject to an administrative fine of from VND 60,000,000 to VND 80,000,000. copper.
What are the penalties for approving construction design without meeting economic technical requirements in Vietnam?
Pursuant to Clause 3, Article 13 of Decree 16/2022/ND-CP stipulates as follows:
“Article 13. Violation of regulation on construction design (design following fundamental design, one-step design) and construction estimate
…
3. A fine ranging from VND 80.000.000 to VND 100.000.000 shall be imposed on:
a) Approving construction design without meeting economic technical requirements or granting earth and rock in a manner not suitable for geological surveying results or calculating transport distance in a manner not suitable for surveying results for construction utilizing public investment, non-public investment state capital, public-private partnership projects;
b) Approving cost estimates which contain details or norms not suitable for work or contain data inconsistent with applied norms thereby increasing the cost estimates for construction utilizing public investment, non-public investment state capital, public-private partnership projects;
c) Approving estimates with workload not suitable for technical design dossiers or construction drawing design or FEED design, technical specifications, technical requirements, and required tasks of the projects, structure, work items, and workload calculated from design drawing and required work of the structure;
d) Approving projects that contain: (i) incorrect calculation of transport costs of materials and equipment, or (ii) incorrect calculation of costs for earth removal and relocation, or (iii) incorrect calculation of workload, or (iv) incorrect calculation of costs of materials, equipment, personnel, construction machinery in a manner unsatisfactory to applicable regulations on construction cost management, unsatisfactory to regulations applicable at the time of determining construction estimates and market price of location of the construction for projects utilizing public investment, non-public investment state capital, public-private partnership projects;
dd) Approving design or estimates in a manner disregarding regulations on use of materials or non-baked construction materials.”
Accordingly, the behavior approving designs that do not comply with regulations on the use of materials will be administratively fined from VND 80,000,000 to VND 100,000,000.
In addition, based on violations according to the above provisions to determine remedial measures according to Clause 4, Article 13 of Decree 16/2022/ND-CP.
Note: The level of administrative penalties according to the above provisions only applies to the violating organization. In case an individual violates, the administrative sanction will be 1/2 of that of the organization.
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