Is it true that the construction of a freestanding advertising board is exempt from a building permit in Vietnam?

Is it true that the construction of a freestanding advertising board is exempt from a building permit in Vietnam?

Pursuant to Clause 2 Article 89 of the Law on Construction in 2014 (amended by Clause 30 Article 1 of the Law on amendments to the Law on Construction in 2014) stipulating cases in which construction permit is exempted as follows:

a) Works involving state secrets; works constructed under emergency orders;

b) Works of projects using public investment funds in which the construction investment is decided by the Prime Minister, heads of central-level agencies of political organizations, People’s Supreme Procuracy, People’s Supreme Court, State Audit Office of Vietnam, Office of the President, the Office of the National Assembly, ministers, heads of ministerial-level agencies, Governmental agencies, central-level agencies of Vietnamese Fatherland Front and of socio-political organizations or chairpersons of People’s Committees at different levels;

c) Makeshift construction works as prescribed in Article 131 hereof;

d) Works undergoing repair or renovation of their interior parts or works undergoing repair or renovation of their external architecture not facing roads in urban centers subject to architectural management requirements of competent state agencies; such repair or renovation does not alter the functions and force-bearing structures of the works, and must be conformable with construction planning approved by competent state agencies and requirements on fire and explosion prevention and fighting, and environmental protection;

dd) Advertisement works not subject to construction permits as prescribed by the Law on advertisement; passive telecom infrastructure works as prescribed by the Government;

e) Construction works located in the territories of two or more provincial-level administrative units, works constructed in lines outside urban areas which conform to construction planning or detailed planning approved by competent state agencies;

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Pursuant to Clause 2 Article 31 of the Law on Advertising in 2012, the construction of outdoor advertising screens, signboards, independent billboards attached to another existing construction must be issued with the construction license from local competent agencies in charge of construction in the following cases:

a) Building outdoor advertising screens with 20 m² of one side or above;

b) Building signboards, billboards with over 20 m² of one side with metal structure or similar materials and attached to another existing construction.

c) Independent billboards with 40 m² one side or above.

As regulations above, the construction of a freestanding advertising board with a single-face area of ​​40 square meters or more requires a building permit, while a single-face area of ​​less than 40 square meters is exempt from a building permit. The advertising board you are building for B Joint Stock Company has a single-face area of ​​50 square meters, so you still need to apply for a building permit.

Is it true that the construction of a freestanding advertising board is exempt from a building permit in Vietnam? - Source: Internet

What is the fine for building an advertising board that is exempt from a building permit but is not in accordance with the design in Vietnam?

Pursuant to Clause 8 and 15, Article 16 of the Decree 16/2022/NĐ-CP stipulating violation of regulation on construction order as follows:

8. A fine ranging from VND 80.000.000 to VND 100.000.000 shall be imposed on implementing construction in a manner not conforming to the approved construction design for cases where construction permit is exempted.

15. Remedial measures:

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

b) 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;

c) 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.

Therefore, the construction of an advertising board that is exempt from a building permit but is not in accordance with the design will be fined from 80 million to 100 million VND. In addition, the advertising board that is built in violation of the design must be demolished.

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