Settlement of administrative violations in construction activities managed by the Ministry of National Defense in Vietnam

Settlement of administrative violations in construction activities managed by the Ministry of National Defense in Vietnam

Pursuant to Article 21 of Circular 174/2021/TT-BQP (Effective from February 12, 2022) regulations on settlement of administrative violations in construction activities managed by the Ministry of National Defense as follows:

- Subjects and forms of handling violations

+ Organizations and individuals performing construction activities in the form of Construction Contracts whose actions affect the quality of construction works or cause loss or waste in construction investment will be fined and must overcome the consequences. The investor is responsible for regulating the content of handling violations in the construction contract; In which, violations and forms of handling apply according to the provisions of Chapter II of Decree No. 139/2017/ND-CP dated November 27, 2017 of the Government stipulating administrative sanctions in construction activities;

+ Agencies, units, soldiers, civil servants, and defense officials assigned to carry out construction activities commit acts that affect the quality of construction works or cause loss or waste in their mind. Depending on the nature and severity of the violation, they will be administratively handled or prosecuted for criminal liability according to the provisions of Circular No. 16/2020/TT-BQP dated February 21, 2020 of the Ministry of National Defense regulates the application of disciplinary forms, order, procedures, statute of limitations, deadlines and disciplinary authority within the Ministry of National Defense.

- Authority and procedure for handling violations

+ Heads of agencies and units under the Ministry of National Defense, Heads of specialized construction agencies according to decentralization shall identify violations at works within the scope of management and notify in writing to investors and related parties;

+ For violations of the subjects specified in Point a, Clause 1 of this Article: Based on the written notice or the investor inspects and detects, make a record to determine the violation and handle it according to the Contract;

+ Heads of agencies and units managing the subjects specified in Point b, Clause 1 of this Article, based on the written notice specified in Point a of this Clause, shall handle according to their authority. In case the violator is outside its jurisdiction, the Head of the agency or unit under the Ministry of National Defense shall send a document to the competent authority for handling according to the provisions of law.

- Temporarily suspend construction works, temporarily stop using machinery and equipment: When detecting unsafe risks that affect the work, neighboring works and the community, heads of agencies and units in charge Under the Ministry of National Defense, Heads of specialized construction agencies according to hierarchy have the right to temporarily suspend construction within the scope of management. After overcoming the problems and ensuring safety requirements according to regulations, the investor reports to the Head of the agency or unit to suspend construction for inspection and decides to allow construction to continue.

- Construction specialized agencies have the right to publish names and violations of organizations and individuals participating in construction activities on websites and other information media of the Ministry of National Defense.

- In case of necessity, the Head of the competent agency or unit specified in Clause 2 of this Article, depending on the nature and severity of the violation, shall send a document to the competent authority for handling in accordance with the provisions of law on construction.

Settlement of administrative violations in construction activities managed by the Ministry of National Defense in Vietnam (Image from the Internet)

Award for construction quality is managed by the Ministry of National Defense in Vietnam

In Article 20 of Circular 174/2021/TT-BQP (Effective from February 12, 2022), regulations on awards for construction quality are as follows:

- Regulations on awards for construction work quality comply with the provisions of Article 8 of Decree No.06/2021/ND-CP.

- Before registering to participate in the construction quality award, the investor must report and receive approval from the specialized construction agency of the Ministry of National Defense.

Best regards!