Vietnam: 03 cases of violations on inconsistency between the construction work and the building permit

According to Clause 12 Article 15 of Decree No. 139/2017/NĐ-CP of Vietnam’s Government, the following construction works must be stopped when there are violations:

- Works that are inconsistent with the contents of the Construction Permit issued in the case of a repair or renovation permit;

- Works that are inconsistent with the contents of the granted Construction Permit, for the case of a new construction permit;

- The work does not have a construction permit, but according to regulations, a construction permit is required.

The time of forced stop of construction is the time of making records of administrative violations. Within 60 days from the issuance of the record of administrative violation, the organization or individual committing such violation is required to carry out procedures for adjustments to or issuance of a new building permit. Over this time limit, if the organization or individual committing such violation fails to present the building permit or the adjusted building permit to the officer authorized to impose administrative penalties, such organization or individual is liable to enforced demolition of the work or the work item built inconsistently with the law.

With regard to the violation prescribed in Clause 12 of this Article, if the finished work or work item is inconsistent with the building permit or the adjusted building permit, the organization or individual committing such violation is liable to demolish such work or work item before performing construction activities.

The above contents are according to Clauses 12, 13 of Decree No. 139/2017/NĐ-CP of Vietnam’s Government and Article 5 of Circular No. 03/2018/TT-BXD.

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