Vietnam: Application of suspension of the construction work execution for issuance of a new building permit

According to the Circular No. 03/2018/TT-BXD of the Ministry of Construction of Vietnam, if the competent officer finds that an organization or individual is committing the violation prescribed in Clause 2, Clause 4 or Clause 5 Article 15 of the Decree No. 139/2017/ND-CP, in addition to administrative penalty, the violating entity is also sanctioned as follows:

- The violating entity is obliged to suspend the execution of the construction work from the time when the administrative violation is recorded. The competent officer shall make a record of administrative violation using the prescribed form;

- Within a permitted period, the officer competent to record the administrative violation shall issue a decision on imposition of administrative violation. In case the officer recording the administrative violation is incompetent to impose penalty or such violation is beyond his/her competence, within a maximum period of 03 working days from the date on which such administrative violation is recorded, he/she must send the record of administrative violation and related documents (if any) to the officer competent to impose penalties for such administrative violation. The competent officer shall issue a decision on imposition of administrative penalties using the prescribed form;

- Within a maximum period of 60 days from the date on which the administrative violation is recorded, the violating entity is obliged to carry out procedure for applying for a new building permit or approval for changes or modifications to the existing building permit, and present the new building permit or modified one to the officer competent to impose administrative penalties;

- Over the prescribed time limit, if the violating entity is unable to present the new building permit or the modified one, the officer competent to impose administrative penalties shall give a notice of compulsory demolition of the construction work or work items built inconsistently with law regulations, using the form No. 03 enclosed with Circular No. 03/2018/TT-BXD. The notice shall be sent to the violating entity and the People’s Committee of commune where the construction work is located in an appropriate form, and publicly posted up at the construction site. In case the violating entity refuses to receive the notice or remove the notice posted up at the construction site, the People’s Committee of commune where the construction work is located is obliged to publicly post up such notice at its head office. Within a maximum period of 15 days from the date of sending the notice (printed on the post office stamp), the violating entity is obliged to demolish the construction work or work items built inconsistently with law regulations;

- Within a maximum period of 05 days from the date on which the violating entity presents the new building permit or the modified one, the officer competent to impose administrative penalties shall conduct an inspection of the existing construction work and make an inspection report certifying the conformity of the existing construction work with the new building permit or the modified one. The inspection report shall be made according to the prescribed form;

- The violating entity is allowed to continue the execution of construction work if the inspection report indicates that the existing construction work is conformable with the contents of the new building permit or the modified one. In case the inspection report states that the existing construction work is still not conformable with the new building permit or the modified one, within a maximum period of 15 days from the date on which the inspection report is made, the violating entity is obliged to demolish the construction work or work items found to be unconformable with the new building permit or the modified one.

The time period stated in days prescribed in Clause 1 hereof shall be calculated under the provisions of the Civil Code of Vietnam.

If a violating entity does not comply with the decision on imposition of administrative penalties or demolish the construction work or work items, enforcement measures will be taken in accordance with regulations of the Law on actions against administrative violations.

If adjustments to a construction design does not require the modification of the building permit as prescribed by the Law on construction, such case is not considered as the act of executing construction work inconsistently with the contents of the building.

View more details at Circular No. 03/2018/TT-BXD of the Ministry of Construction of Vietnam, effective from June 12, 2018.

-Thao Uyen-

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