Vietnam: New regulations reducing the duration of suspension of building permits applied from June 12, 2018

Specifically, according to current regulations, the duration of suspension of building permit for violations of construction order specified in Clause 9 Article 15 of Decree No. 139/2017/ND-CP is 12 months.

However, the newly issued Circular No. 03/2018/TT-BXD of the Ministry of Construction of Vietnam has amended the above provision, according to which depending on the type of infringing construction work, the duration of suspension of building permit will be different, specifically as follows:

- 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 execution of a construction work other than the cases prescribed in Point b and Point c Clause 9 Article 15 of Decree No. 139/2017/ND-CP;

- Suspension of the building permit for 06 - 09 months in case of construction of single-detached house in an urban area other than the violations prescribed in Clause 7 Article 15 of Decree No. 139/2017/ND-CP;

- 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 in the cases prescribed in Clause 7 Article 15 of Decree No. 139/2017/ND-CP.

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

Moreover, Circular No. 03/2018/TT-BXD also provides guidance on procedures for adjustments to or issuance of a new building permit for construction works that have been applied the measure of suspension due to  inconsistency with the building permit or failure to obtain a building permit.

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

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