Violations of Regulations on Management, Utilization, and Maintenance of Urban Underground Works: Penalty Amount?
What are urban underground works?
Based on Clause 4, Article 2 of Decree 39/2010/ND-CP, it is regulated as follows:
"Article 2. Explanation of Terms
...
4. 'Urban underground works' are construction works built underground in urban areas, including: public underground works, underground transportation works, underground technical infrastructure works, and the underground parts of above-ground construction works, underground cable systems, pipelines, trenches, and technical tunnels."
Urban underground works are construction works built underground in urban areas.
How much is the fine for violations of regulations on the management, utilization, and maintenance of urban underground works? (Image from the internet)
What principles must be ensured when constructing urban underground works?
Based on Clause 5, Article 3 of Decree 39/2010/ND-CP, it is regulated as follows:
"Article 3. Principles of managing urban underground construction space
...
5. The construction of urban underground works must comply with the following regulations:
a) Urban planning, underground construction standards, construction permits;
b) Not to exceed the construction boundary or the land use scope determined by the land allocation or lease decision of competent state agencies. If there is a need to exceed the construction boundary or land use scope (except for technical connection parts of underground cable and pipeline systems), permission from a competent state agency is required;
c) Ensure the safety of the community, the construction itself, and neighboring works; not affect the use, exploitation, and operation of neighboring works as well as existing or planned urban works."
The construction of urban underground works must comply with the principles outlined above.
Penalties for violating regulations on the management, utilization, and maintenance of urban underground works
Based on Article 56 of Decree 16/2022/ND-CP, it is regulated as follows:
“Article 56. Violations of regulations on the management and utilization of urban underground works
1. A fine of VND 10,000,000 to VND 20,000,000 shall be imposed for one of the following acts:
a) The investor fails to inform relevant agencies or units about the planned construction schedule and progress before connecting the underground works, as required;
b) When detecting unusual geotechnical factors, the construction contractor fails to notify the investor or the management unit and design agency timely for taking necessary measures.
2. A fine of VND 40,000,000 to VND 60,000,000 shall be imposed for one of the following acts:
a) Fails to ensure technical connection and space connection requirements according to regulations;
b) The underground work investor fails to consult with urban technical infrastructure management units or the owner or management unit of the space-connected works (if any) when designing underground works;
c) Fails to conduct geotechnical monitoring as required during the construction and operation of underground works;
d) Uses technical tunnels or trenches without a permit or for improper purposes;
e) Violates regulations on the management, utilization, and maintenance of underground works.
3. A fine of VND 60,000,000 to VND 80,000,000 shall be imposed for one of the following acts:
a) The new urban area or housing project investor fails to construct technical conduits, technical tanks, or technical tunnels to accommodate wires and pipelines as per the approved plan;
b) Violates safety corridors and protection ranges of underground works.
4. Remedial measures:
a) Require notification about the planned construction schedule and progress to relevant agencies and units as per the violation in Point a, Clause 1 of this Article;
b) Require restoration to the original state for violations in Point a, Clause 2, and Point b, Clause 3 of this Article;
c) Require consultation with urban technical infrastructure management units or the owner or management unit of the space-connected works (if any) for the violation in Point b, Clause 2 of this Article;
d) Require geotechnical monitoring compliance as per the violation in Point c, Clause 2 of this Article;
e) Require the usage of technical tunnels or trenches with a permit or for proper purposes as per the violation in Point d, Clause 2 of this Article;
f) Require compliance with regulations on the management, utilization, and maintenance of underground works as per the violation in Point e, Clause 2 of this Article;
g) Require the new urban area or housing project investor to construct the works as per the violation in Point a, Clause 3 of this Article.”
Thus, depending on the violation of the management and utilization of urban underground works regulations, the administrative penalty level is determined as specified above.
Violations of regulations on the management, utilization, and maintenance of urban underground works will incur administrative fines ranging from VND 40,000,000 to VND 60,000,000.
In addition, the appropriate remedial measures will be determined based on the specific violation as outlined above.
The administrative penalty levels specified above apply only to organizational violations. In the case of individual violations, the administrative penalty levels will be half that of organizations.
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