MINISTRY OF CONSTRUCTION
REPUBLIC OF VIET NAM
Hanoi, July 22, 2009
DETAILING A NUMBER OF PROVISIONS OF THE GOVERNMENT'S DECREE NO. 23/2009/ND-CP OF FEBRUARY 27, 2009, ON SANCTIONING OF ADMINISTRATIVE VIOLATIONS IN CONSTRUCTION ACTIVITIES; REAL ESTATE BUSINESS; EXPLOITATION, PRODUCTION AND TRADING OF CONSTRUCTION MATERIALS; MANAGEMENT OF TECHNICAL INFRASTRUCTURE FACILITIES; AND MANAGEMENT OF DEVELOPMENT OF HOUSES AND OFFICES
THE MINISTRY OF CONSTRUCTION
Pursuant to the Government's
Decree No. 17/2008/ND-CP of February 4, 2008, defining the functions, tasks,
powers and organizational structure of the Ministry of Construction;
Pursuant to the Government's Decree No. 23/2009/ND-CP of February 27, 2009, on sanctioning of administrative violations in construction activities; real estate business; exploitation, production and trading of construction materials; management of technical infrastructure facilities; and management of development of houses and offices;
Pursuant to the Government's Decree No. I80/2007/ND-CP of December 7, 2007, detailing and guiding a number of articles of the Construction Law regarding the handling of violations of urban construction order;
Pursuant to the Prime Minister's Decision No. 89/2007/QD-TTg of June 18, 2007, on pilot establishment of construction inspectorates of urban districts or rural districts, and construction inspectorates of communes, wards or townships in Hanoi and Ho Chi Minh City,
The Ministry of Construction details a number of provisions on sanctioning of administrative violations in construction activities; real estate business; exploitation, production and trading of construction materials; management of technical infrastructure facilities; and management of development of houses and offices (below referred to as sanctioning of administrative violations in the domain of construction) as follows:
Article 1. Statute of limitations for sanctioning acts of administrative violation in construction activities
The statute of limitations for sanctioning acts of administrative violation committed by investors and contractors of investment projects on construction of works is 2 years after works are handed over and put into operation, for projects involving only one construction work or work item each, or 2 years after the whole projects are handed over and put into operation, for projects involving many construction works or work items.
Article 2. Notification of administrative violations on websites of the Ministry of Construction and People's Committees of provinces or centrally run cities
1. For violations specified in Articles 17, 18, 22, 24, 29 and 34 of Decree No. 23/2009/ND-CP, persons competent to issue sanctioning decisions shall copy and transmit copies of these decisions to websites of the Ministry of Construction and People's Committees of provinces or centrally run cities (below referred to as provincial-level People's Committees) where the sanctioning decisions are issued within 3 days from the date of signing these decisions. Sanctioning decisions may be sent by post or via, email or facsimile. Sanctioning decision issuers shall take responsibility for the accuracy of sent copies.
2. Within 5 days after receiving sanctioning decisions, website administers of the Ministry of Construction and provincial-level People's Committees shall edit and post up these decisions. Details of a decision to be posted up include the name of the violator; act of violation; sanctioning form and level; and remedies (if any).