Some new points on penalties for violations in construction activities

The Government has issued Decree 16/2022/ND-CP stipulating penalties for administrative violations in construction, effective from January 28, 2022. Accordingly, there are many new points related to the sanction of administrative violations in construction activities.

Some new points on penalties for violations in construction activities

Some new points on sanctioning violations in construction activities (Artwork)

1. A fine of up to 20 million VND if the report on construction survey results is not archived

This is the new content specified in Clause 1, Article 8 of Decree 16/2022/ND-CP , specifically:

A fine ranging from 10 to 20 million dong shall be imposed for failing to store or storing incompletely the construction survey results report as prescribed.

2. Sharp increase in fines for violations on construction and urban planning

According to Article 9 of Decree 16/2022 , a fine of between VND 150-200 million for one of the following acts:

- Organize the formulation of planning tasks, planning projects, adjustment planning tasks or planning adjustment projects that do not conform to the prescribed requirements, principles, content and time; (Previously, the fine for this act was 30-40 million VND)

- Failing to collect opinions or give opinions in contravention of regulations of relevant agencies, organizations, individuals or residential communities on planning tasks, planning projects, adjusted construction planning tasks, construction planning adjustment project according to regulations; (Previously, the fine for this act was 30-40 million VND)

- Organize drawing of total ground, work architecture plan, technical infrastructure solutions in basic design content for construction investment projects with scale of less than 5 hectares (less than 2 hectares). ha (for investment projects on construction of apartment buildings) that do not conform to the construction subdivision planning. (New content added)

3. Double the fine for the act of approving investment projects with insufficient capital

According to Clause 3, Article 12 of Decree 16/2022/ND-CP :

A fine ranging from VND 100-120 million shall be imposed for approving an investment project for the construction of works that do not ensure sufficient capital for the project as prescribed.

(Previously, the fine for this behavior was from 50-60 million VND)

4. Strongly increase the fines for the act of building unshielded or covered works but letting construction materials drop onto the surrounding areas

According to Clause 1, Article 16 of Decree 16/2022/ND-CP :

- A fine of between VND 3-5 million for building separate houses or other construction works.

(Previously, the penalty for this behavior was a warning or a fine of between VND 500,000 and 1 million.)

- A fine of between VND 15-20 million shall be imposed for construction of works requiring construction investment feasibility study reports or construction investment economic-technical reports.

(Previously, the fine for this behavior was from 5-10 million VND)

5. Heavy fines for executing works without construction permits

Pursuant to Clause 7, Article 16 of Decree No. 16/2022/ND-CP stipulating fines for acts of organizing the construction of works without a construction permit but requiring a construction permit as follows:

- A fine of between VND 60-80 million for building separate houses;

(Previously, the fine for this act was 20-30 million VND)

- A fine of between VND 80-100 million shall be imposed for building separate houses in conservation zones, historical-cultural relics or other construction works;

(Previously, the fine for this act was 10-20 million VND)

- A fine of between VND 120-140 million shall be imposed for construction of works requiring the preparation of a construction investment feasibility study report or a construction investment economic-technical report.

(Previously, the fine for this act was 30-50 million VND)

Thus, compared with the past, the fine for construction of works without a construction permit has increased many times.

6. Sharp increase in fines for not installing signs at construction sites

In Clause 2, Article 17 of Decree 16/2022 stipulates:

A fine ranging from VND 10-20 million shall be imposed for failing to install construction signs at construction sites or signs with incomplete contents as prescribed.

(Previously, the fine for this act was a warning or a fine of between VND 500,000 and VND 1 million.)

7. Additional fines for the employee's failure to comply with technical safety measures

According to Point a, Clause 2, Article 32 of Decree 16/2022 stipulating:

A fine ranging from VND 30-50 million shall be imposed for letting workers fail to comply with technical safety measures or violate regulations on the use of personal protective equipment and tools to participate in construction work. construct.

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