Are there penalties for producing architectural and construction design dossiers unsatisfactory to national technical regulations in Vietnam?

1. Are there penalties for producing architectural and construction design dossiers unsatisfactory to national technical regulations in Vietnam?

Pursuant to Article 11 of Decree 16/2022/ND-CP stipulating violation of regulations on architectural activities as follows:

1. A fine ranging from VND 40.000.000 to VND 60.000.000 shall be imposed on failing to organize architectural plan competition for structure that requires so.

2. A fine ranging from VND 60.000.000 to VND 80.000.000 shall be imposed on:

a) Producing architectural and construction design dossiers unsatisfactory to national technical regulations;

b) Failing to organize preparation of architectural design tasks and implement architectural design as per the law;

c) Failing to organize architectural design in accordance with the law.

3. Remedial measures:

a) Mandated organization of architectural plan competition for violations under Clause 1 of this Article if construction has not been commenced;

b) Mandated preparation of architectural and construction design dossiers in accordance with national technical regulations; mandated architectural design for violations under Point a and Point c Clause 2 of this Article if construction has not been commenced;

c) Mandated preparation of architectural design tasks and mandated architectural design in accordance with regulations and law for violations under Point b Clause 2 of this Article if construction has not been commenced.

Thus, acts of making architectural and construction design dossiers that are not in accordance with national technical regulations will be fined from VND 60,000,000 to VND 80,000,000. In addition, mandated preparation of architectural and construction design dossiers in accordance with national technical regulations andmandated architectural design for violations in accordance with regulations if construction has not been commenced in Vietnam.

2. How much are penalties for violation of regulation on preparation, appraisal, and approval of construction investment in Vietnam? 

Pursuant to Article 12 of Decree 16/2022/ND-CP stipulating violation of regulation on preparation, appraisal, and approval of construction investment as follows:

1. A fine ranging from VND 60.000.000 to VND 80.000.000 shall be imposed on:

a) Failing to organize preparation, appraisal, or approval of construction investment projects when construction investment project of a structure is required;

b) Failing to present the feasibility study of construction investment to construction authorities for approval as per the law.

2. A fine ranging from VND 80.000.000 to VND 100.000.000 shall be imposed on revising construction investment project in a manner contradictory to regulations and law.

3. A fine ranging from VND 100.000.000 to VND 120.000.000 shall be imposed on approving construction investment projects where:

a) The projects are not conforming to construction planning approved by competent authority; or

b) Technological solutions and design solutions are not suitable as per the law; or

c) Capital of the project cannot be guaranteed as per the law; or

d) Financial performance or socio-economic effectiveness of projects utilizing public investment, non-public investment state capital, or public-private partnership projects cannot be guaranteed; or

dd) The projects are not conforming to investment guidelines approved by competent authorities.

4. Remedial measures:

a) Mandated preparation, appraisal, or approval of construction investment guidelines for violations under Point a Clause 1 of this Article;

b) Mandated submission of feasibility study of construction investment to construction authorities for approval for violations under Point b Clause 1 of this Article if construction has not been commenced or is in progress; or

c) Mandated approval of revised projects in accordance with regulations and law for violations under Clause 2 of this Article;

d) Mandated preparation of construction investment projects conforming to planning approved by competent authorities for violations under Point a Clause 3 of this Article if projects have not been commenced; or

dd) Mandated preparation and approval of construction investment projects with adequate, law-compliant technological solutions and design solutions for violations under Point b Clause 3 of this Article if construction has not been commenced; or

e) Mandated preparation and approval of construction investment projects in a manner guaranteeing financial performance or socio-economic effectiveness for violations under Point d Clause 3 of this Article; or

g) Mandated approval and preparation of construction investment projects conforming to investment guidelines approved by competent authorities for violations under Point dd Clause 3 of this Article.

In the above case, your company that submits architectural and construction design dossiers that do not conform to national technical regulations will be fined from VND 60,000,000 to VND 80,000,000 and mandated preparation of architectural and construction design dossiers in accordance with national technical regulations andmandated architectural design for violations in accordance with regulations if construction has not been commenced in Vietnam.

Best Regards!