Regulations on construction order management in Vietnam

Regulations on construction order management in Vietnam (Internet image) 

What is construction activity?

More details can be found here.

Construction authorities in Vietnam

Pursuant to Clause 12, Article 3 of the Construction Law 2020, the construction authorities include:

Construction authorities include the Ministry of Construction, People’s Committees of provinces or centrally run cities (below collectively rcĩcưed to as provincial- level People’s Committees) and People’s Committees of rural districts, urban districts, towns or provincial cities (below collectively referred to as district-level People’s Committees).

Regulations on construction order management in Vietnam

Pursuant to Article 56 of Decree 15/2021/ND-CP stipulating the construction order management in Vietnam:

- Construction order management must be carried out after receipt of the notice of commencement to the time when the works are handed over and put into operation in order to detect, stop and handle any violation in a timely manner.

- Details of construction order management:

+ For works that are granted construction permits: The management of the construction order according to the contents of the issued construction permits and relevant provisions of law;

+ For works that are exempt from construction permits, details of construction order management are as follows: checking the eligibility for exemption from construction permits for works as prescribed in point g, clause 2, Article 89 of the Construction Law 2020, checking the compliance with construction plannings or technically-specialized plannings, approved architectural or urban design management regulations and relevant provisions of law; checking the conformity of the construction with the appraised main contents and parameters of the design for the construction design which has been appraised by a construction authority.

- When a violation is detected, the construction order authority must order the suspension of construction, handle it within competence or request the competent authority to handle the violation of construction order according to regulations.

- Responsibilities of the People's Committee of province:

+ Take full responsibility for the construction order management of construction works in the province (except for construction works involving state secrets);

+ Promulgate regulations on: construction order management; delegate or authorize construction order management to the People's Committees of districts, People's Committees of communes in accordance with the law and the actual circumstances; delegate or authorize to receive the commencement notice enclosed with construction design documents, in case the works are exempt from construction permits according to the provisions at Point g, Clause 2, Article 89 of the Construction Law 2020, which requires additional documents at the request of the construction authority according to the provisions of Clause 5, Article 38 of Decree 15/2021/ND-CP.

+ Promulgate regulations on management of architecture or urban design for each area as a basis for issuing construction permits and managing construction order in areas without detailed construction plannings in urban areas, in functional areas and rural residential detailed construction planning;

+ Direct the People's Committees of districts and communes to monitor, inspect, detect, prevent and promptly handle violations in the area; to direct and organize the enforcement of works in violation of construction order in their respective localities according to law provisions;

+ Solve materials, complex and problematic issues in the process of construction order management in the area.

- Responsibilities of the People's Committee of district and commune:

+ Take responsibility for construction order management in the district or commune as delegated or authorized by the People's Committee of the province;

+ Monitor, inspect, detect, prevent and promptly handle violations in the area; organize the enforcement of works in violation of construction order in their respective localities according to law provisions.

Nguyen Pham Nhut Tan

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