How many days in advance must the construction starting date be notified to management agency in Vietnam?

How many days in advance must the construction starting date be notified to management agency in Vietnam? In the near future, our company will carry out the construction of the project, I want to know how many days in advance should the starting date be notified to the state agency? How much is penalty for failing to submit notice on commencement date in Vietnam? 

How many days in advance must the construction starting date be notified to management agency in Vietnam?

Pursuant to Clause 39, Article 1 of the revised Construction Law 2020, which stipulates that the commencement of construction of a work must satisfy the following conditions:

a) The construction grounds are available for entire or partial handover according to the construction schedule;

b) The construction permit has been granted for the work subject to the provisions of Article 89 of this Law;

c) The construction drawing design of the work item or the work to be constructed has been approved;

d) The project owner has signed a construction contract with the contractor performing construction activities related to the constructed work as prescribed by law;

dd) Measures have been developed to ensure safety and environmental protection in the course of construction;

e) The project owner has sent the written notification of the construction starting date to the local construction management agency at least 03 working days before the commencement of construction.

Thus, according to the above regulations in Vietnam, the notification of the construction starting date must be sent to the local construction management agency at least 03 working days before the commencement of construction.

How much is penalty for failing to submit notice on commencement date in Vietnam? 

In Clause 1, Article 15 of Decree No. 16/2022/ND-CP, the fine ranging from VND 5.000.000 to VND 10.000.000 shall be imposed on:

a) Failing to submit notice on commencement date (together with copies of construction permit, construction design dossiers) to local construction authorities where the structure is built and construction agencies as per the law;

b) Failing to notify local construction authorities in a timely fashion about the commencement date or failing to attach construction design dossiers with the notice for cases where construction permit is not required;

c) Failing to submit reports that contain all of the following information to construction agencies: name, address, name of structure, construction location, construction scale, expected progress after commencement or failing to submit commencement notice using the right form.

Thus, in case of failing to submit notice on commencement date, a fine of from VND 5,000,000 to VND 10,000,000 may be imposed in Vietnam.

Best Regards!

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