Vietnam: Ministry of Construction requests taking measures to address violations against the regulations on the construction order

The Ministry of Construction of Vietnam requests taking measures to address violations against the regulations on the construction order

The Ministry of Construction of Vietnam requests the People's Committees of provinces and centrally-governed cities to direct and implement the following contents:

- For constructions that violate the construction order, take measures to ensure compliance with legal regulations, avoiding the legalization of violations by individuals and organizations in the construction sector.

- Increase the dissemination, promotion, and thorough understanding of the Construction Law 2014, amended and supplemented by several provisions in the Amended Construction Law 2020, Decree 15/2021/ND-CP, Decree 06/2021/ND-CP, Decree 16/2022/ND-CP, Decree 35/2023/ND-CP, etc., regarding compliance with construction planning, construction permits, and construction quality management so that local authorities and investors understand and seriously implement legal regulations on management of investment projects and constructions.

- Strengthen inspection and audit to promptly detect and strictly handle violations in construction order management within the locality, especially regarding unpermitted construction, incorrect construction, and construction that does not comply with the approved plans and incomplete implementation of construction investment project management regulations.

- For projects and constructions with contents to be supplemented and completed that construction authorities have noted in the feasibility study report evaluation results to meet the eligibility for approval or to proceed to the next step; rectify existing issues before completing the procedures for obtaining a construction permit:

+ Competent authorities for granting construction permits should only grant construction permits after the construction investment project meets the approval conditions, the construction design following the basic design of the project requesting the construction permit has been approved and complies with all requirements for granting construction permits.

+ For cases requiring amendment or supplement of contents before requesting a construction permit, the competent authorities for granting construction permits must verify the full implementation of these requirements before considering and evaluating the request for granting construction permits according to the regulations.

- For questions or inconsistencies to be researched, amended, and supplemented to suit the actual situation, localities in Vietnam must compile and report them to the Ministry of Construction of Vietnam for consideration and amendment or to propose relevant authorities for research, amendment, and supplementation.

More details can be found in Official Dispatch 2198/BXD-HDXD issued on May 21, 2024.

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