In 2024, in what cases will construction works in Vietnam be dismantled?

In 2024, in what cases will construction works in Vietnam be dismantled?

Pursuant to Clause 1, Article 118 of the Construction Law 2014 as amended by Clause 44, Article 1 of the Amended Construction Law 2020 stipulating:

Dismantlement of construction works

1. Construction works shall be dismantled in the following cases:

a/ For clearance of sites for construction of new or makeshift works;

b/ Works are likely to collapse, thus affecting the community and adjacent works;

c/ Works are constructed in no-construction zones prescribed in Clause 3, Article 12 of this Law;

d/ Works are constructed at variance with construction planning, works are constructed without construction permits as required, or works are constructed at variance with their construction permits;

dd/ Works are constructed on public land, land under lawful use rights of organizations or individuals; works are constructed against approved designs, for works exempted from construction permit;

e/ Separate houses are dismantled for building new ones.

...

According to this Article, dismantlement of construction works is carried out in the following cases:

- For clearance of sites for construction of new or makeshift works;

- Works are likely to collapse, thus affecting the community and adjacent works;

- Works are constructed in no-construction zones prescribed in Clause 3, Article 12 of this Law;

- Works are constructed at variance with construction planning, works are constructed without construction permits as required, or works are constructed at variance with their construction permits;

- Works are constructed on public land, land under lawful use rights of organizations or individuals; works are constructed against approved designs, for works exempted from construction permit;

- Separate houses are dismantled for building new ones.

In 2024, in what cases will construction works in Vietnam be dismantled? (Image from the Internet)

In Vietnam, what content does a plan for demolition of construction works plan include?

According to Clause 3, Article 42, Decree 06/2021/ND-CP regulating the content of demolition of construction works:

- Bases for formulation of plans and approaches for demolition of construction works;

- General information about construction works and items to be demolished;

- List of applicable national technical regulations and standards;

- Formulation of demolition plans;

- Demolition schedule and budget;

- Others necessary for demolition activities (if any).

What are regulations on responsibilities for demolition of construction works in Vietnam?

Clause 2, Article 42, Decree 06/2021/ND-CP stipulates the responsibility for demolishing construction works as follows:

- Owners or managers or users of construction works shall undertake the demolition of construction works in accordance with the law on construction and regulations of other relevant laws;

- Presidents of provincial-level People's Committees, Presidents of district-level People's Committees or competent state authorities decide the demolition of construction works in accordance with the construction law and other relevant laws; decide to enforce the demolition and conduct the demolition of construction works in case investors, owners or managers or users of the construction works fail to fulfill their responsibilities for the demolition of construction works;

- Agencies competent to sanction administrative violations shall decide to apply mitigative measures in the form of the forced demolition of violating works or constituents in accordance with the law on handling of administrative violations;

- Competent authorities decide the demolition and enforcement of the demolition of residential houses as per laws on housing;

- The Minister of National Defense and the Minister of Public Security shall regulate the authority to demolish national defense and security construction works.

Best regards!