Vietnam: Conditions for illegal construction works not to be dismantled

Duy Thinh

09:14, 15/05/2018

According to Decree No. 139/2017/NĐ-CP of Vietnam’s Government, the illegal construction of works such as: wrong content of the issued license, no construction permit in case of forced construction permit, etc. in addition to fines, may also be forced to dismantle.

However, it should be noted that construction works and houses are dismantled only when competent persons detect violations that have ended.

In case, when detected, the violating works are still under construction, they may not be subject to the measure of forced dismantling if the following conditions are met:

- Within a maximum period of 60 days from the date of making a record of administrative violations, the violating individual or organization must carry out procedures to request the grant or adjust the construction permit and present it to the person with sanctioning competence;

- Minutes of inspection and recording of the current state of the works certify that the current state of the works is in accordance with the issued or adjusted construction permits, the works may continue construction.

If the above 60-day time limit is exceeded without presenting the license to the person with sanctioning authority or the inspection report certifying that the current state of the work is not in accordance with the license granted or adjusted, the work will be forced to dismantle.

View more details at Decree No. 139/2017/NĐ-CP of Vietnam’s Government, effective from January 15, 2018.

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