Vietnam: Failure to obtain a building permit when executing the construction work shall be fined at least VND 10 million

This is a notable content mentioned in Decree 139/2017/NĐ-CP of Vietnam’s Government providing for penalties for administrative violations against regulations on investment and construction; extraction, processing and trading of minerals used in construction, production and trading of building materials; management of infrastructural constructions; real estate business, housing development, management and operation of apartment buildings and office buildings.

According to Article 15 of Decree No. 139/2017/NĐ-CP of Vietnam’s Government, failure to obtain a building permit when executing the construction work shall be fined up to VND 50 million. To be specific:

- A warning or a fine ranging from VND 500,000 to VND 10,000,000 shall be imposed for executing the construction work without coverage as regulated or letting building materials fall outside the construction site or improperly placing building materials at the construction site.

- A fine ranging from VND 3,000,000 to VND 30,000,000 shall be imposed for executing the construction work inconsistently with the building permit issued to repair or renovate the construction work.

- A fine ranging from VND 10,000,000 to VND 50,000,000 shall be imposed for executing the construction work inconsistently with the building permit which has been issued to build a new construction work; failure to obtain a building permit when executing the construction work which requires building permit as regulated by law.

- A fine ranging from VND 40,000,000 to VND 50,000,000 shall be imposed for construction of the work inconsistent with the appraised and approved construction design in case of exemption from building permit.

- A fine ranging from VND 50,000,000 to VND 60,000,000 shall be imposed for constructing the work inconsistently with the approved construction planning; constructing the work in violation of construction boundaries; constructing the work in violation of construction elevations.

Concurrently, according to Article 2 of the Circular No. 03/2018/TT-BXD of the Ministry of Construction of Vietnam, in addition to being imposed fines, the violating entity shall be subject to:

- Suspension of the building permit for 03 - 06 months in case of construction of single-detached house in a sanctuary or a cultural and historical relic site or other construction work. 

- Suspension of the building permit for 06 - 09 months in case of construction of single-detached house in an urban area;

- Suspension of the building permit for 09 - 12 months in case of construction of the work requiring the formulation of economic – technical report or construction project or construction of the work.

Note: The violating entity is not allowed to execute the construction work while its/his building permit is suspended.

- Nguyen Trinh -

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