Vietnam: Guidance on application of measures to force the demolition of the work or work item

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 has committed the violation, in addition to administrative penalty, the violating entity is also liable to demolish the construction work or work items built inconsistently with law regulations.

- The construction work or work items built inconsistently with law regulations must be demolished according to the approved demolition plan or solution until the bearing capacity of the remaining work item is ensured when it is put into operation.

- The investor shall prepare, appraise, submit for approval and implement the plan or solution for demolition of the construction work or work items built inconsistently with law regulations. The demolition plan or solution must ensure the safe operation of the construction work after the work items built inconsistently with law regulations have been demolished, life and health of people, safety of adjoining buildings as well as hygiene and environment.

- If the investor is not proactive in demolishing the construction work or work items built inconsistently with law regulations, enforcement measures shall be taken. The officer competent to make decisions on implementation of enforcement measures shall hire a qualified consultant to prepare a demolition plan or solution, and assign a specialized construction agency of the same level to verify before granting approval for such demolition plan or solution. The investor is obliged to pay all costs of taking enforcement measures for demolishing the construction work or work items built inconsistently with law regulations, including costs of preparing, verifying, granting approval and implementing the demolition plan or solution.

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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