19/08/2022 09:29

What are penalties for construction exceeding licensed area in Vietnam?

What are penalties for construction exceeding licensed area in Vietnam?

My house is in the process of construction. However, during the process of pouring the foundation, there was an error in measurement, so the width of the house is 1m longer than the registered size in the construction permit. But because the wall has already been built, it cannot be demolished and rebuilt. I would like to know if I can keep the current state of the house and continue with the construction. Or is there a solution to this matter? (asked by Ms. Minh Thao – Dong Nai, Vietnam)

Thank you for your question. Regarding this matter, Lawnet has some comments as follows:

The construction exceeding the area, as in your case, violated the regulations on construction orders in Article 16 of Decree 16/2022/ND-CP of Vietnam.

Since you did not give any specific information on whether your current house was built for the first time or repaired, we refer to two cases corresponding to the sanction levels in Clauses 4 and 6 of this Article as follows:

Impose penalties for organizing construction in manner not conforming to construction permit issued for repair, renovation or relocation, or term construction permit as follows:

+ A fine ranging from VND 15.000.000 to VND 20.000.000 shall be imposed in case of detached houses;

+A fine ranging from VND 25.000.000 to VND 30.000.000 shall be imposed on construction of detached houses in sanctuaries, historical - cultural heritages, or other structures;

+ A fine ranging from VND 70.000.000 to VND 90.000.000 shall be imposed on construction of structures that require feasibility study of construction investment or economic - technical report on construction investment.

Imposing penalties for organizing construction in a manner not conforming to the issued construction permit in case of new construction permit as follows:

+ A fine ranging from VND 30.000.000 to VND 40.000.000 shall be imposed in case of detached houses;

+ A fine ranging from VND 50.000.000 to VND 70.000.000 shall be imposed on construction of detached houses in sanctuaries, historical - cultural heritages, or other structures;

+ A fine ranging from VND 100.000.000 to VND 120.000.000 shall be imposed on construction of structures that require feasibility study of construction investment or economic - technical report on construction investment.

Thus, depending on the actual situation of her house, the construction exceeding the registered area may be fined up to VND 70,000,000. A fine of up to VND 120.000.000 shall be imposed on construction of structures that require feasibility study of construction investment or economic - technical report on construction investment.

Best regards!

Offenders who continue the administrative violations after receiving the offense notice despite being requested by competent individuals to cease the administrative violations shall be met with fines as follows:

+ A fine ranging from VND 100.000.000 to VND 120.000.000 shall be imposed in case of detached houses;

+ A fine ranging from VND 120.000.000 to VND 140.000.000 shall be imposed on construction of detached houses in sanctuaries, historical - cultural heritages, or other structures;

+ A fine ranging from VND 400.000.000 to VND 500.000.000 shall be imposed on construction of structures that require feasibility study of construction investment or economic - technical report on construction investment.

Additional forms of penalty:

+ Suspension of construction permit for 3 to 6 months (if any) for for  the construction of separate houses;

+ Suspension of construction permit for 6 to 9 months (if any) for the construction of separate houses in conservation areas, historical-cultural relics, or other construction works; 

+ Suspension of construction permit for 9 to 12 months (if any) for construction of structures that require feasibility study of construction investment or economic - technical report on construction investment.

+ Confiscation of exhibits and instrument of administrative violations.

Remedial measures:

+ Mandated installation of safety nets as per the law and rectification of environmental pollution (if any) for violations under Clause 1 of this Article;

+ Mandated adoption of procedures for revision or extension of construction permit or disclosure of construction permit for violations under Clause 2 and Clause 3 of this Article;

+ Mandated dismantlement of structure, or parts of structure that violate regulations for violations under Clause 4, Clause 6, Clause 7, Clause 8 (if the violations have concluded), Clause 9, Clause 10, Clause 12, and Clause 13 of this Article.

Phuong Uyen
88


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