GOVERNMENT
-------
|
SOCIALIST
REPUBLIC OF VIETNAM
Independence – Freedom – Happiness
----------------
|
No. 16/2022/ND-CP
|
Hanoi, January 28, 2022
|
DECREE
IMPOSING PENALTIES FOR ADMINISTRATIVE VIOLATIONS IN
CONSTRUCTION
Pursuant to Law on
Governmental Organization dated June 19, 2015; Law on amendments to Law on
Government Organization and Law on Local Governmental Organization dated
November 22, 2019;
Pursuant to the
Law on Imposing Penalties for Administrative Violations dated June 20, 2012;
Law on amendment to the Law on Imposing Penalties for Administrative Violations
dated November 13, 2020;
Pursuant to Law
on Construction dated June 18, 2014; Law on amendments to Law on Construction
dated June 17, 2020;
Pursuant to Law
on Housing dated November 25, 2014;
Pursuant to Law
on Real Estate Trading dated November 25, 2014;
Pursuant to Law
on Urban Planning dated June 17, 2009;
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
Pursuant to Law
on Investment dated June 17, 2020;
Pursuant to Law
on Environmental Protection dated November 17, 2020;
At request of
Minister of Construction;
The Government
promulgates Decree imposing penalties for administrative violations in
construction.
Chapter
I
GENERAL
PROVISIONS
Article
1. Scope
This Decree
prescribes administrative violations, penalty form and amount, remedial
measures, and entitlement to produce offense notice and impose penalties for
administrative violations.
Administrative
violations in construction to be met with penalties under this Decree include:
construction affairs, construction material production, technical
infrastructure management, real estate trading, and housing management and
development.
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
1. Domestic and
foreign organizations and individuals committing administrative violations
within Vietnamese territory, unless otherwise regulated by International
agreement to which the Socialist Republic of Vietnam is a signatory.
2. Competent
individuals entitled to produce offense notice of administrative violations,
adopt remedial measures, and enforce penalties for administrative violations,
and competent individuals entitled to impose penalties for administrative
violations.
3. Other agencies,
organizations, and individuals related to the imposing of penalties for
administrative violations in accordance with this Decree.
Article
3. Definition
1. “other structure”
mentioned under this Decree means a structure that is not required to have
feasibility study of construction investment, structure that is not required to
have economic-technical report and not a detached house of a family or
individual.
2. “repeated
violation” refers to the case where an organization or individual is found to
have committed the same administrative violation at multiple construction sites
and/or work items within the same project without being met with penalties and
the prescriptive period for imposing penalties for those violations has not
expired. Repeated violations shall be met with penalties for each violation.
3. “an organization
or individual committing administrative violation” under this Decree is
construed as follows:
a) A domestic
organization, a foreign organization, or an enterprise shall be collectively
referred to as an organization. An organization may or may not have juridical
person;
b) A domestic
household or community or individual, a foreign individual, or an overseas
Vietnamese individual shall be collectively referred to as an individual.
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
1. Main forms of
penalty:
a) Warnings;
b) Fine;
2. Additional forms
of penalty:
a) Revocation of
permit, certificate for completion of training, certificate of construction practice,
or temporary suspension of operation for 3 to 24 months;
b) Confiscation of
exhibits and instrument of administrative violations.
3. In this Decree,
the maximum fine is regulated as follows:
a) VND 1.000.000.000
for construction and real estate trading;
b) VND 300.000.000
for construction material production, technical infrastructure management, and
housing development and management;
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
4. Remedial
measures:
For every
administrative violation, in addition to being met with penalties,
organizations and individuals committing the violation may also be met with one
or multiple of the following remedial measures:
a) Mandatory
restoration to original state;
b) Mandatory
adoption of environmental pollution remedial measures;
c) Mandatory
dismantlement of structure or part of structure of the violation;
d) Mandatory recall
of unqualified products and goods;
dd) Mandatory
destruction of unqualified products and goods;
e) Other measures
elaborated under this Decree.
5. The maximum fine
imposed by entities mentioned under Chapter VI hereof applies to an
administrative violation committed by an organization. The maximum fine imposed
on an individual committing administrative violation by any entity shall equal
half of that imposed on an organization committing administrative violation by
the same entity.
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
1. Prescriptive
period for imposing penalties for administrative violations is 1 year for real
estate trading, management of technical infrastructure, and production of
construction materials.
Prescriptive period
for imposing penalties for administrative violations is 2 year for housing
construction, management, and development.
2. Starting date of
prescriptive period mentioned under Clause 1 of this Article is regulated as
follows:
a) The date on which
the administrative violation ends and prescriptive period for imposing
penalties starts for construction activities (except for Article 9, Article 10,
Article 19, Article 20, Article 21 hereof) and violations under Clause 2 Article 41, Point b Clause 4 Article 44,
Point a Clause 2 Article 45, Clause 1 Article 47, Point a Clause 2 Article 48,
Point a Clause 1, Point a Clause 2 Article 55, Clause 3 Article 57, Point b
Clause 1, Point c, Point dd, Point e, Point h, Point i Clause 2 Article 63 is
the date on which the structure or work item is transferred as per the law;
For a detached
house, the date on which the administrative violation ends is the construction
completion date written under construction contract (if any) or the date on which
the structure is brought into operation;
b) The date on which
violations under Clause 1 Article 44, Point dd, Point g Clause 2 Article 47,
Clause 1 Article 48, Clause 1 Article 53, Point d Clause 1, Point dd Clause 3
Article 55, Point b Clause 1 Article 58, Point c Clause 2 Article 59, Point a
Clause 1 Article 60, Point b, Point c, Point d Clause 1 Article 61, Point a
Clause 1 Article 63, Point c Clause 5 Article 64, Point d Clause 1 Article 67,
Point b, Point c Clause 1 Article 68, Point d Clause 2 Article 69 end shall be
the date on which the violation has been done;
c) The date on which
violations under Point b Clause 5 Point 44, Clause 2 Point 46, Point a Clause 2
Point 47, Point b Clause 1 Point 55, Point c, Point dd Clause 1, Point a, Point
b Clause 2, Point a, Point d, Point dd, Point e, Point h, Point i Clause 3,
Point a, Point b Clause 4 Point 58, Point b, Point dd Clause 2, Point b Clause
3 Point 59, Point a, Point b Clause 1, Clause 3, Clause 4, Point a, Point b
Clause 5 Point 64, Point b, Point h Clause 2 Point 67, Point a Clause 1 Point
68 end shall be the date on which the parties fulfill obligations under signed
contracts or transaction documents or the date on which the contract is
finalized;
d) The date on which
violations under Clause 1 Article 46, Point a Clause 1 Article 49, Clause 1
Article 50, Point a Clause 1 Article 51, Point a Clause 2 Article 53 ends shall
be the date on which periodic inspection and assessment are conducted;
dd) The date on
which violations under Point c Clause 3 Article 58 and Clause 3 Article 63 end
shall be the completion date of the investment project written under investment
decision or document approving investment guidelines or decision extending
progress issued by competent authority; the date on which violations under
Point a and Point b Clause 2 Article 63 end shall be the date on which
investment guidelines of the housing construction project are approved by a
decision or document of competent authority;
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
g) The date on which
violations under Point e Clause 2, Point d Clause 3 Article 67, Point c, Point
d Clause 1 Article 69 end shall be date on which the elected Management board
request the handing over of maintenance expenditure in writing; the date on
which violations under Point d Clause 4 Article 67 end shall be the date on
which apartment building dossiers are handed over as per the law; the date on
which violations under Point b Clause 1 Article 69 end shall be the date on
which the elected Management board request the People’s Committee of district
in writing to request the project developer to hand over the dossiers;
h) The date on which
violations under Point b Clause 2 Article 45 end shall be the date on which
water supply planning is approved;
i) The date on which
violations under Point a, Point d Clause 1, Point b, Point c Clause 2, Point b
Clause 3 Article 61, Clause 1 Article 62 end shall be the date on which
certificate of course completion is issued as per the law;
k) The date on which
violations under Point b Clause 2 Article 44 end shall be the date on which the
equipment is transferred and brought into use; the date on which the violations
under Point b Clause 53 end shall be the date on which repair, replacement, or
new installation of lighting sources and equipment is completed;
l) The date on which
violations under Point a Clause 1 Article 56 end shall be the commencement date
of the structure;
m) The date on which
violations under Point d Clause 2 Article 63 end shall be date on which
relocation measures are approved by competent authority;
n) The date on which
violations under Point c Clause 2 Article 67 end shall be the date on which
maintenance expenditure is sent as per the law;
o) For violations
under this Decree that are not mentioned under Point a, Point b, Point c, Point
d, Point dd, Point e, Point g, Point h, Point i, Point k, Point l, Point m, or
Point n of this Clause, competent individuals entitled to impose penalties
shall rely on the Law on Imposing Penalties for Administrative Violations and
relevant documents to determine the starting date of prescriptive period.
Article
6. Imposing penalties for resisting or obstructing individuals tasked with
imposing penalties for administrative violations in construction mentioned
under this Decree
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
Chapter
II
ADMINISTRATIVE
VIOLATIONS, FORMS OF PENALTY, AND REMEDIAL MEASURES IN CONSTRUCTION ACTIVITIES
Section
1. FOR INDIVIDUALS DECIDING TO INVEST, PROJECT DEVELOPERS, OR INDIVIDUALS
OWNING, MANAGING, OR USING THE STRUCTURE
Article
7. Violation of regulations on selecting organizations and individuals for
construction activities
1. A fine ranging
from VND 60.000.000 to VND 80.000.000 shall be imposed on selection of
ineligible organizations or individuals for:
a) Construction
surveying; or
b) Preparation of
construction planning and design; or
c) Management of
construction investment project; or
d) Design or
assessment of construction design; or
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
e) Construction
work; or
g) Supervision of
construction work; or
h) Management of
construction investment; or
i) Construction
inspection; or
k) Construction
experimentation.
2. A project
developer utilizing a foreign contractor shall be met with a fine ranging from
VND 100.000.000 to VND 120.000.000 for:
a) Allowing the
foreign contractor to engage in construction activities without obtaining
construction permit as per the law; or
b) Allowing the
foreign contractor to defy commitment under the joint venture contract signed
with the Vietnamese contractor or failing to utilize Vietnamese contractors as
subcontractors as per the law; or
c) Allowing the
foreign contractor to temporarily import - re-export construction machinery or
equipment that can be supplied from domestic sources as per the law; or
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
dd) Failing to
inform relevant contractors and construction authorities about utilization of
the foreign contractor as counsel for managing construction investment or
supervising construction quality.
3. Additional forms
of penalty:
Suspending
construction activities for 3 to 6 months for projects, structures, and work
items where violations under Point c or Point e Clause 1 of this Article occur.
4. Remedial
measures:
a) Mandated
selection of eligible organizations and individuals for violations under Points
a, c, g, h, i, and k Clause 1 of this Article if the construction has not been
commenced or if the construction is in progress and Points b, d, dd, and e
Clause 1 of this Article if the construction has not been commenced;
b) Mandated
application of the foreign contractor for construction permit for violations
under Point a Clause 2 of this Article;
c) Mandated
rectification and compliance of the foreign contract with commitment under
joint venture contract signed with the Vietnamese main contractor or use of
Vietnamese subcontractors as per the law if the project has not been commenced
or if the project is in progress for violations under Point b Clause 2 of this
Article;
d) Mandated
re-export of construction machinery and equipment for violations under Point c
Clause 2 of this Article;
dd) Mandated written
notice issued to relevant contractors and construction authorities for violations
under Point dd Clause 2 of this Article.
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
1. A fine ranging
from VND 10.000.000 to VND 20.000.000 shall be imposed on failure to adequately
store reports on construction surveying results as per the law.
2. A fine ranging
from VND 40.000.000 to VND 60.000.000 shall be imposed on failure to approve
adequate reports on construction surveying results as per the law.
3. A fine ranging
from VND 60.000.000 to VND 80.000.000 shall be imposed on:
a) Failing to
organize preparation or approval of construction surveying tasks;
b) Failing to
organize preparation or approval of technical measures for construction
surveying:
c) Failing to
organize preparation and approval of revised construction surveying tasks
before the contractors conduct construction surveying for work items that
require revision as per the law;
d) Failing to
organize adequate preparation or approval of construction surveying tasks as
per the law;
dd) Approving
technical measures for construction surveying without construction surveying
tasks or without adhering to approved construction surveying tasks;
e) Failing to
organize adequate supervision of construction surveying as per the law;
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
h) Allowing capacity
of personnel and surveying equipment on site or in laboratories (if any) to be
unqualified according to approved technical measures for construction
surveying.
4. Remedial
measures:
a) Mandated
organization of law compliant preparation or approval of construction surveying
tasks for violations under Point a and Point d Clause 3 of this Article if the
construction has not been commenced;
b) Mandated
organization of law compliant preparation or approval of technical measures for
construction surveying for violations under Point b and Point dd Clause 3 of
this Article for construction that has not been commenced;
c) Mandated
preparation and approval of revised construction surveying tasks for violations
under Point c Clause 3 of this Article if construction has not been commenced;
d) Mandated
organization of supervision of construction surveying or supervision of
construction surveying for violations under Point e Clause 3 of this Article if
construction is in progress;
dd) Mandated
approval or re-approval of estimates for violations under Point g Clause 3 of
this Article (if economic contract has not been signed with the surveying
contractor);
e) Mandated capacity
improvement or selection of capable organizations and individuals for
violations under Point h Clause 3 of this Article if surveying work is in
progress.
Article
9. Violation of regulation on preparing construction planning and urban
planning
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
a) Organizing
preparation of planning tasks, planning schemes, revised planning tasks, or revised
planning schemes in a manner unsatisfactory to requirements, principles,
contents, and time;
b) Failing to
adequately consult relevant agencies, organizations, individuals, or
communities about planning tasks, planning schemes, revised planning tasks, and
revised planning schemes as per the law;
c) Producing master
planning, structural architectural measures, or technical infrastructure
solutions in fundamental design in a construction investment project under 5 ha
(or 2 ha for apartment building construction investment project) in a manner
not suitable for construction zone planning.
2. Remedial
measures:
a) Mandated
reorganization of planning tasks, planning schemes, revised planning tasks,
revised planning schemes, and submission for approval in accordance with Point
a Clause 1 of this Article if planning has not been approved.
b) Mandated
consultation with relevant agencies, organizations, individuals, or community
for violations under Point b Clause 1 of this Article if planning has not been
approved.
c) Mandated
production of master planning, structural architectural measures, or technical
infrastructure solutions to suit construction zone planning for violations
under Point c Clause 1 of this Article if construction has not been commenced or
is in progress.
Article
10. Violation of regulations on revised construction planning and revised urban
planning
1. A fine ranging
from VND 250.000.000 to VND 300.000.000 shall be imposed on:
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
b) Revising planning
with incorrect basis, requirements, principles, or procedures for revision;
c) Revising master
planning, structural architectural measures, or technical infrastructure
solutions in fundamental design in a construction investment project under 5 ha
(or 2 ha for apartment building construction investment project) in a manner
not suitable for construction zone planning.
2. Remedial
measures:
a) Mandated law
compliant revision of construction planning for violations under Point a and
Point b Clause 1 of this Article if construction has not been commenced or
construction is in progress;
b) Mandated revision
of master planning, structural architectural measures, and technical
infrastructure solutions in accordance with construction zone planning for
violations under Point c Clause 1 of this Article if construction has not been
commenced or is in progress.
Article
11. Violation of regulations on architectural activities
1. A fine ranging
from VND 40.000.000 to VND 60.000.000 shall be imposed on failing to organize
architectural plan competition for structure that requires so.
2. A fine ranging
from VND 60.000.000 to VND 80.000.000 shall be imposed on:
a) Producing
architectural and construction design dossiers unsatisfactory to national
technical regulations;
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
c) Failing to
organize architectural design in accordance with the law.
3. Remedial
measures:
a) Mandated
organization of architectural plan competition for violations under Clause 1 of
this Article if construction has not been commenced;
b) Mandated
preparation of architectural and construction design dossiers in accordance
with national technical regulations; mandated architectural design for
violations under Point a and Point c Clause 2 of this Article if construction
has not been commenced;
c) Mandated
preparation of architectural design tasks and mandated architectural design in
accordance with regulations and law for violations under Point b Clause 2 of
this Article if construction has not been commenced.
Article
12. Violation of regulation on preparation, appraisal, and approval of
construction investment
1. A fine ranging
from VND 60.000.000 to VND 80.000.000 shall be imposed on:
a) Failing to
organize preparation, appraisal, or approval of construction investment
projects when construction investment project of a structure is required;
b) Failing to
present the feasibility study of construction investment to construction
authorities for approval as per the law.
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
3. A fine ranging
from VND 100.000.000 to VND 120.000.000 shall be imposed on approving
construction investment projects where:
a) The projects are
not conforming to construction planning approved by competent authority; or
b) Technological
solutions and design solutions are not suitable as per the law; or
c) Capital of the
project cannot be guaranteed as per the law; or
d) Financial
performance or socio-economic effectiveness of projects utilizing public
investment, non-public investment state capital, or public-private partnership
projects cannot be guaranteed; or
dd) The projects are
not conforming to investment guidelines approved by competent authorities.
4. Remedial
measures:
a) Mandated preparation,
appraisal, or approval of construction investment guidelines for violations
under Point a Clause 1 of this Article;
b) Mandated
submission of feasibility study of construction investment to construction
authorities for approval for violations under Point b Clause 1 of this Article
if construction has not been commenced or is in progress; or
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
d) Mandated
preparation of construction investment projects conforming to planning approved
by competent authorities for violations under Point a Clause 3 of this Article
if projects have not been commenced; or
dd) Mandated
preparation and approval of construction investment projects with adequate,
law-compliant technological solutions and design solutions for violations under
Point b Clause 3 of this Article if construction has not been commenced; or
e) Mandated
preparation and approval of construction investment projects in a manner
guaranteeing financial performance or socio-economic effectiveness for
violations under Point d Clause 3 of this Article; or
g) Mandated approval
and preparation of construction investment projects conforming to investment
guidelines approved by competent authorities for violations under Point dd
Clause 3 of this Article.
Article
13. Violation of regulation on construction design (design following
fundamental design, one-step design) and construction estimate
1. A fine ranging
from VND 40.000.000 to VND 60.000.000 shall be imposed on:
a) Failing to
approve construction design as per the law for structures within projects where
feasibility study report of construction investment is required;
b) Failing to submit
construction design to construction authorities for appraisal as per the law;
c) Failing to
organize commissioning in a manner satisfactory to regulations and law.
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
a) Failing to
organize preparation of construction design tasks in a manner satisfactory to
investment guidelines or containing adequate details as per the law;
b) Revising
construction design without obtaining reappraisal or reapproval as per the law
when any of the following details is changed: engineering geology, design
structural load, structural solutions, load-bearing structural components, or
construction solutions that effect safety and load-bearing capacity of the
structure;
c) Approving
construction design in a manner not satisfactory to national technical
regulations or applied standards or conforming to expired construction
standards;
d) Approving design
of the subsequent step in a manner unsatisfactory to primary details and
configurations of the design of the previous step; approving construction
drawing which is not conforming to design tasks in case of one-step design;
dd) Approving
technical specifications without conforming to technical regulations applicable
to the approved construction and requirements of construction design;
e) Approving safety
design in manner exceeding the regulations thereby causing waste in case of
construction utilizing public investment, non-public investment state capital,
public-private partnership projects.
3. A fine ranging
from VND 80.000.000 to VND 100.000.000 shall be imposed on:
a) Approving
construction design without meeting economic technical requirements or granting
earth and rock in a manner not suitable for geological surveying results or
calculating transport distance in a manner not suitable for surveying results
for construction utilizing public investment, non-public investment state
capital, public-private partnership projects;
b) Approving cost
estimates which contain details or norms not suitable for work or contain data
inconsistent with applied norms thereby increasing the cost estimates for
construction utilizing public investment, non-public investment state capital,
public-private partnership projects;
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
d) Approving
projects that contain: (i) incorrect calculation of transport costs of
materials and equipment, or (ii) incorrect calculation of costs for earth
removal and relocation, or (iii) incorrect calculation of workload, or (iv)
incorrect calculation of costs of materials, equipment, personnel, construction
machinery in a manner unsatisfactory to applicable regulations on construction
cost management, unsatisfactory to regulations applicable at the time of
determining construction estimates and market price of location of the
construction for projects utilizing public investment, non-public investment
state capital, public-private partnership projects;
dd) Approving design
or estimates in a manner disregarding regulations on use of materials or
non-baked construction materials.
4. Remedial
measures:
a) Mandated
law-compliant approval of construction design for violations under Point a
Clause 1 of this Article;
b) Mandated submission
of construction design to construction authorities for appraisal for violation
under Point b Clause 1 of this Article;
c) Mandated
commissioning or re-commissioning of construction design dossiers for
violations under Point c Clause 1 of this Article;
d) Mandated
preparation or re-preparation of law-compliant construction and design tasks
for violations under Point a Clause 2 of this Article if construction has not
been commenced or is in progress;
dd) Mandated
appraisal or approval of revised construction design for violations under Point
b Clause 2 of this Article if construction has not been commenced or is in
progress;
e) Mandated
re-approval of construction design in order to conform to national technical
regulations for violations under Point c Clause 2 of this Article;
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
h) Mandated re-approval
of technical specifications for violations under Point dd Clause 2 of this
Article if construction has not been commenced or is in progress;
i) Mandated
re-approval of estimates, contract package estimates for violations under
Points b, c, and d Clause 3 of this Article if contractor has not been selected
or economic contract has not been signed to serve as the basis for revising
contract package cost;
k) Mandated revision
of design and estimates using percentage of non-baked construction materials
for violations under Point dd Clause 3 of this Article if construction has not
been commenced or is in progress.
Article
14. Violation of regulations on investment in urban development
1. A fine ranging
from VND 80.000.000 to VND 100.000.000 shall be imposed on:
a) Executing urban
development investment area in a manner disregarding urban planning or slower
than the progress approved by competent authorities;
b) Transferring
structure or work items under construction investment projects or urban development
investment projects in a manner slower than the approved progress.
2. A fine ranging
from VND 100.000.000 to VND 120.000.000 shall be imposed on:
a) Allowing
secondary investors to invest in construction in a manner disregarding detail
construction planning or approved project progress;
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
c) Failing to
organize provision of urban services in a manner satisfying demands of
residence as per objectives of the projects until the date on which it is
transferred to the government or professional service management enterprises;
d) Failing to
transfer for administration as per the law;
dd) Failing to
supervise, examine, and promptly inform competent authorities about cases where
inhabitants build houses in urban areas illegally without permission; using
structure for incorrect purposes and violating regulations and law on using
houses as per the Law on Houses.
3. Remedial
measures:
a) Mandated
execution of urban development investment projects in a manner conforming to
urban planning for violations under Point a Clause 1 of this Article for
project in progress;
b) Mandated request
of level-1 investors for project execution of secondary investors adhering to
approved detail construction planning for violations under Point a Clause 2 of
this Article;
c) Mandated
application for written consent of competent authorities for violations under
Point b Clause 2 of this Article;
d) Mandated
provision of urban areas in a manner satisfying demands of inhabitants
according to project objectives for violations under Point c Clause 2 of this
Article;
dd) Mandated
adoption of procedures for transfer for administration for violations under
Point d Clause 2 of this Article;
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
Article
15. Violation of regulations on construction commencement
1. A fine ranging
from VND 5.000.000 to VND 10.000.000 shall be imposed on:
a) Failing to submit
notice on commencement date (together with copies of construction permit,
construction design dossiers) to local construction authorities where the structure
is built and construction agencies as per the law;
b) Failing to notify
local construction authorities in a timely fashion about the commencement date
or failing to attach construction design dossiers with the notice for cases where
construction permit is not required;
c) Failing to submit
reports that contain all of the following information to construction agencies:
name, address, name of structure, construction location, construction scale,
expected progress after commencement or failing to submit commencement notice
using the right form.
2. A fine ranging
from VND 30.000.000 to VND 50.000.000 shall be imposed on commencing
construction without (except for commencing construction of detached houses):
a) Construction
premise for total or partial transfer depending on project progress;
b) Construction
contract signed by project developers and the contractors;
c) Safety and
environmental protection measures for construction process.
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
4. Commencement of
construction without construction permit will be met with penalties in
accordance with Clause 7 Article 16 hereof.
5. Remedial
measures:
a) Mandated transfer
of construction premises depending on project progress for violations under
Point a Clause 2 of this Article;
b) Mandated signing
of construction contracts between project developers and contractors for
violations under Point b Clause 2 of this Article;
c) Mandated adoption
of safety and environmental protection measures during construction process for
violations under Point c Clause 2 of this Article.
Article
16. Violation of regulation on construction order
1. Imposing
penalties for failing to install adequate safety net during construction
process which leads to construction materials falling down neighboring areas or
failing to place construction materials in the right place, to be specific:
a) A fine ranging
from VND 3.000.000 to VND 5.000.000 shall be imposed in case of detached houses
or other structures;
b) A fine ranging
from VND 15.000.000 to VND 20.000.000 shall be imposed in case of structures
that require feasibility study of construction investment or economic -
technical report on construction investment.
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
a) A fine ranging
from VND 5.000.000 to VND 10.000.000 shall be imposed in case of detached
houses;
b) A fine ranging
from VND 10.000.000 to VND 20.000.000 shall be imposed on construction of
detached houses in sanctuaries, historical - cultural heritages, or other
structures;
c) A fine ranging from
VND 20.000.000 to VND 30.000.000 shall be imposed on construction of structures
that require feasibility study of construction investment or economic -
technical report on construction investment.
3. Impose penalties
for failing to adopt procedures for revising or extending the construction
permit as follows:
a) A fine ranging
from VND 15.000.000 to VND 20.000.000 shall be imposed in case of detached
houses;
b) A fine ranging
from VND 25.000.000 to VND 30.000.000 shall be imposed on construction of detached
houses in sanctuaries, historical - cultural heritages, or other structures;
c) A fine ranging
from VND 60.000.000 to VND 80.000.000 shall be imposed on construction of
structures that require feasibility study of construction investment or economic
- technical report on construction investment.
4. Impose penalties
for organizing construction in manner not conforming to construction permit
issued for repair, renovation or relocation, or term construction permit as
follows:
a) A fine ranging
from VND 15.000.000 to VND 20.000.000 shall be imposed in case of detached
houses;
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
c) A fine ranging
from VND 70.000.000 to VND 90.000.000 shall be imposed on construction of
structures that require feasibility study of construction investment or
economic - technical report on construction investment.
5. Impose penalties
for organizing construction in a manner violating regulations on construction
quality assurance thereby causing depression, crack, or damage to technical
infrastructure or neighboring structure or causing or potentially causing
neighboring structure to collapse without causing damage to health or lives of
other people as follows:
a) A fine ranging
from VND 30.000.000 to VND 40.000.000 shall be imposed in case of detached
houses;
b) A fine ranging
from VND 50.000.000 to VND 60.000.000 shall be imposed on construction of
detached houses in sanctuaries, historical - cultural heritages, or other
structures;
c) A fine ranging
from VND 80.000.000 to VND 100.000.000 shall be imposed on construction of
structures that require feasibility study of construction investment or economic
- technical report on construction investment.
6. Imposing
penalties for organizing construction in a manner not conforming to the issued
construction permit in case of new construction permit as follows:
a) A fine ranging
from VND 30.000.000 to VND 40.000.000 shall be imposed in case of detached
houses;
b) A fine ranging
from VND 50.000.000 to VND 70.000.000 shall be imposed on construction of
detached houses in sanctuaries, historical - cultural heritages, or other
structures;
c) A fine ranging from
VND 100.000.000 to VND 120.000.000 shall be imposed on construction of
structures that require feasibility study of construction investment or
economic - technical report on construction investment.
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
a) A fine ranging
from VND 60.000.000 to VND 80.000.000 shall be imposed in case of detached
houses;
b) A fine ranging
from VND 80.000.000 to VND 100.000.000 shall be imposed on construction of
detached houses in sanctuaries, historical - cultural heritages, or other
structures;
c) A fine ranging
from VND 120.000.000 to VND 140.000.000 shall be imposed on construction of
structures that require feasibility study of construction investment or
economic - technical report on construction investment.
8. A fine ranging
from VND 80.000.000 to VND 100.000.000 shall be imposed on implementing
construction in a manner not conforming to the approved construction design for
cases where construction permit is exempted.
9. Impose penalties
for implementing construction in a manner not conforming to approved
construction planning or urban planning as follows:
a) A fine ranging
from VND 80.000.000 to VND 100.000.000 shall be imposed in case of detached
houses;
b) A fine ranging
from VND 100.000.000 to VND 120.000.000 shall be imposed on construction of
detached houses in sanctuaries, historical - cultural heritages, or other
structures;
c) A fine ranging
from VND 160.000.000 to VND 180.000.000 shall be imposed on construction of
structures that require feasibility study of construction investment or
economic - technical report on construction investment.
10. Impose penalties
for encroaching on area or space under legal management and ownership or other
organizations and individuals or public spaces or common use area as follows:
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
b) A fine ranging
from VND 100.000.000 to VND 120.000.000 shall be imposed on construction of
detached houses in sanctuaries, historical - cultural heritages, or other
structures;
c) A fine ranging
from VND 180.000.000 to VND 200.000.000 shall be imposed on construction of
structures that require feasibility study of construction investment or
economic - technical report on construction investment.
11. For structure
built on land against land’s intended purposes as per land laws, impose
penalties in accordance with decrees of the Government on imposing penalties
for administrative violations in land.
12. Offenders who
continue the administrative violations mentioned under Clause 4, Clause 6,
Clause 7, Clause 8, Clause 9, and Clause 10 of this Article (before decisions
imposing penalties are issued) after receiving the offense notice despite being
requested by competent individuals to cease the administrative violations shall
be met with fines as follows:
a) A fine ranging
from VND 100.000.000 to VND 120.000.000 shall be imposed in case of detached
houses;
b) A fine ranging
from VND 120.000.000 to VND 140.000.000 shall be imposed on construction of
detached houses in sanctuaries, historical - cultural heritages, or other
structures;
c) A fine ranging
from VND 400.000.000 to VND 500.000.000 shall be imposed on construction of
structures that require feasibility study of construction investment or
economic - technical report on construction investment.
13. Offenders who
repeat the administrative violations under Clause 4, Clause 6, Clause 7, Clause
8, Clause 9, and Clause 10 of this Article after having been met with penalties
for previous violation and are not liable for criminal prosecution shall be met
with fines as follows:
a) A fine ranging
from VND 120.000.000 to VND 140.000.000 shall be imposed in case of detached
houses;
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
c) A fine ranging
from VND 950.000.000 to VND 1.000.0000.000 shall be imposed on construction of
structures that require feasibility study of construction investment or
economic - technical report on construction investment.
14. Additional forms
of penalty:
a) Suspension of
construction permit for 3 to 6 months (if any) for violations under Point a
Clause 12 and Point a Clause 13 of this Article;
b) Suspension of
construction permit for 6 to 9 months (if any) for violations under Point b
Clause 12 and Point b Clause 13 of this Article;
c) Suspension of
construction permit for 9 to 12 months (if any) for violations under Point c
Clause 12 and Point c Clause 13 of this Article;
d) Confiscation of
exhibits and instrument of administrative violations for violations under
Clause 12 and Clause 13 of this Article.
15. Remedial
measures:
a) Mandated
installation of safety nets as per the law and rectification of environmental
pollution (if any) for violations under Clause 1 of this Article;
b) Mandated adoption
of procedures for revision or extension of construction permit or disclosure of
construction permit for violations under Clause 2 and Clause 3 of this Article;
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
16. For violations
under Clause 4, Clause 6, Clause 7, and Clause 8 of this Article where construction
is in progress, offenders must also comply with procedures under Article 81
hereof in addition to the fine.
17. The case where
construction is implemented in a manner inconsistent with the issued
construction permit and construction permit is not required to be revised as
per the Law on Construction shall not be considered as construction against the
issued construction permit.
Article
17. Violation of regulations on construction execution
1. Impose warnings
for:
a) Failing to notify
relevant contractors about tasks and powers of individuals in quality
management system of investors or construction supervisor contractors (if any);
b) Failing to
produce adequate construction completion dossiers as per the law.
2. A fine ranging
from VND 10.000.000 to VND 20.000.000 shall be imposed on failing to install
adequate construction warning signs at the construction sites as per the law.
3. A fine ranging
from VND 20.000.000 to VND 40.000.000 shall be imposed on:
a) Failing to
organize supervision of construction work as per the law if construction is in
progress;
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
4. A fine ranging
from VND 40.000.000 to VND 60.000.000 shall be imposed on:
a) Failing to
inspect thereby causing insufficient capacity of personnel, construction
equipment, construction laboratories, or quality management system of
contractors compared to those under bidding documents;
b) Failing to
produce inspection results of construction solutions, safety and environmental
hygiene solutions of contractors;
c) Failing to submit
reports on safety measures to construction agencies as per the law if danger
zones in the construction sites pose great risk to community safety;
d) Failing to assign
sufficient personnel to supervise construction progress and manage safety in
construction;
dd) Allowing
incompetent organizations or individuals to construct detached houses as per
the law.
5. A fine ranging
from VND 40.000.000 to VND 60.000.000 shall be imposed on:
a) Failing to carry
out inspection thereby causing inconsistency between implementation of the
contractors and approved construction solutions;
b) Failing to carry
out inspection thereby causing failure of the contractors to extend contract
performance security in a timely fashion as per the law;
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
d) Allowing the contractors
to use materials that have not been declared for conformity in construction
despite being mandated by the law to be declared for conformity;
dd) Failing to
purchase construction insurance as per the law;
e) Failing to
organize experiments to examine and inspect quality of structure, work items,
and construction as per the law.
6. A fine ranging
from VND 60.000.000 to VND 80.000.000 shall be imposed on organizing
construction of emergency structure without emergency order as per the law.
7. A fine ranging
from VND 80.000.000 to VND 100.000.000 shall be imposed on failure to comply
with regulations on use of non-baked construction materials.
8. Remedial
measures:
a) Mandated
notification regarding tasks and powers of individuals in quality management
system of project developers or construction supervisor contractors (if any) to
relevant contractors for violations under Point a Clause 1 of this Article;
b) Mandated
preparation of law-compliant construction completion dossiers for violations
under Point b Clause 1 and Point b Clause 3 of this Article;
c) Mandated
installation of adequate warning signs at the construction sites for violations
under Clause 2 of this Article;
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
dd) Mandated
assignment of personnel, construction equipment, construction laboratories, or
quality management system of the contractors by the contractors in a manner
satisfactory to bidding documents at request of project developers for
violations under Point a Clause 4 of this Article;
e) Mandated
presentation of inspection results of construction solutions, safety and
environmental hygiene solutions of contractors for violations under Point b
Clause 4 of this Article;
g) Mandated
submission of reports on safety measures to construction agencies as per the
law in case danger zones of the construction pose great risk to community
safety for violations under Point c Clause 4 of this Article;
h) Mandated assignment
of adequate personnel to supervise construction activities and manage safety in
construction for violations under Point d Clause 4 of this Article;
i) Mandated
implementation of construction by contractors in a manner compliant with
approved construction solution design for violations under Point a Clause 5 of
this Article;
k) Mandated
submission of contract performance security of the contractors for violations
under Point b Clause 5 of this Article at request of project developers;
l) Mandated examination
of materials, modules, construction products or equipment installed in the
structure as per construction design and contract carried out by project
developers for violations under Point c Clause 5 of this Article;
m) Mandated
examination and re-verification of construction quality carried out by project
developers for work items which contain materials that have not been declared
for conformity for violations under Point d Clause 5 of this Article;
n) Mandated purchase
of construction insurance for violations under Point dd Clause 5 of this
Article for construction in progress;
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
p) Mandated
application for order for construction of emergency structure for violations
under Clause 6 of this Article;
q) Mandated
assurance of the percentage of non-baked materials for the remaining
unimplemented sections of the structure for violations under Clause 7 of this
Article.
Article
18. Violation of regulation on construction commissioning
1. A fine ranging
from VND 20.000.000 to VND 40.000.000 shall be imposed on:
a) Failing to
commission in the right procedures as per the law;
b) Failing to
request construction agencies to examine the commissioning affairs as per the
law.
2. A fine ranging
from VND 80.000.000 to VND 100.000.000 shall be imposed on bringing structural
components, work items, or construction into use without organizing commission
as per the law.
3. A fine ranging
from VND 100.000.000 to VND 120.000.000 shall be imposed on:
a) Commissioning
workload which have not been implemented or workload which is greater than the
workload which has been implemented for construction utilizing public
investment, non-public investment state capital, public-private partnership
projects;
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
4. Remedial
measures:
a) Mandated submission
of request of project developers to competent authorities for inspection of
commissioning affairs within 10 days from the date on which decisions imposing
penalties for administrative violations for violations under Point b Clause 1
of this Article;
b) Mandated
organization of commissioning of structural components and work items brought
into use for within 1 to 3 months for violations under Clause 2 of this
Article;
c) Mandated
organization of commissioning for actual workload implemented and recall of the
incorrectly commissioned or paid amount of money to accounts of project
developers for violations under Point a Clause 3 of this Article;
d) Mandated
rectification of structure quality as per the law for violations under Point b
Clause 3 of this Article.
Article
19. Violation of regulation on construction contract for projects utilizing
public investment, non-public investment state capital, PPP projects, and
preparation of construction investment estimates
1. A fine ranging
from VND 30.000.000 to VND 40.000.000 shall be imposed on failing to use
Vietnamese language in construction contract as per the law.
2. A fine ranging
from VND 80.000.000 to VND 100.000.000 shall be imposed on:
b) The case where
the price under signed contract exceeds the winning bid price or the price
according to negotiation results (except for workload outside of the contract
package permitted by individuals deciding to invest);
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
c) The case where
contract advance exceeds the regulated percentage or contract advance is made
without advance payment bond as per the law;
d) The case payment
for construction contract is made with incorrect number of installments,
incorrect stage of payment, incorrect payment date, or incorrect payment
deadline unless otherwise agreed upon by the parties;
dd) The case where
statement or finalization of construction contract is not made in a timely
manner as per the law.
3. A fine ranging
from VND 100.000.000 to VND 120.000.000 shall be imposed on failing to submit
settlement documents for construction investment to individuals deciding to
invest for approval in a timely manner from the date on which the commissioning
record of the structure has been signed and the structure has been brought into
operation.
4. Remedial
measures:
a) Mandated the use
of Vietnamese language when signing construction contract for violation under
Clause 1 of this Article if the contract is in effect;
b) Mandated
compliance with the winning when the price under signed contract exceeds the
successful bid or construction contract negotiation for violation under Point a
Clause 2 of this Article if the contract is in effect;
c) Mandated contract
revision for violations under Point b Clause 2 of this Article if the contract
is in effect;
d) Mandated
retrieval of contract advance that exceeds the percentage or retrieval of the
entire contract advance to account of project developers for violations under
Point c Clause 2 of this Article if the contract is in effect;
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
e) Mandated completion
of settlement documents of construction investment and submission to
individuals deciding to invest for approval within 1 month for violations under
Clause 3 of this Article.
Article
20. Violation of regulations on maintenance, operation, and utilization of
structure
1. A fine ranging
from VND 10.000.000 to VND 20.000.000 shall be imposed on:
a) Failing to
determine sufficient maintenance time as per the law;
b) Failing to
approve structure maintenance procedures as per the law;
c) Failing to
organize supervision and commissioning of rectification and repair of
construction contractors and/or construction material supplier contractors.
2. A fine ranging
from VND 30.000.000 to VND 40.000.000 shall be imposed on:
a) Failing to verify
completion of maintenance responsibility of the contractors;
b) Failing to
organize preparation of structure maintenance procedures or failing to maintain
structure in accordance with approved procedures;
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
d) Failing to
produce structure repair dossiers as per the law;
dd) Failing to
adequately and promptly transfer approved structure maintenance procedures to
structure owners or entities managing, utilizing the structure;
e) Failing to
produce maintenance estimates in approved maintenance plan as per the law for
construction utilizing public investment, non-public investment state capital,
PPP projects.
3. A fine ranging
from VND 40.000.000 to VND 60.000.000 shall be imposed on:
a) Failing to
examine, assess, control quality, or report to the authorities for
consideration and approval of extension of useful life of structure whose
useful life has expired as per the design;
b) Failing to
perform construction monitoring as per the law;
c) Using expired
technical regulations as the basis for maintenance work;
d) Failing to
organize periodic assessment regarding load-bearing safety, operational safety,
or failing to submit said assessment results to the authorities as per the law;
dd) Failing to
examine, repair, adopt emergency measures, or report as per the law after
discovering signs of danger, lack of safety in the structure or work items;
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
g) Failing to
organize dismantlement of temporary structure once the primary structure of a
project is brought into operation or once the registered period of the
structure expires.
4. Remedial
measures:
a) Mandated law
compliant approval of structure maintenance procedures for violations under
Point b Clause 1 of this Article;
b) Mandated
supervision and commissioning of rectification and repair work of construction
contractors, construction material supplier contractors for violations under
Point c Clause 1 of this Article;
c) Mandated
verification of completion of maintenance responsibility of contractors for
violations under Point a Clause 2 of this Article;
d) Mandated
development of maintenance procedures or mandated law compliant maintenance for
violations under Point b Clause 2 of this Article;
dd) Mandated
development of annual structure maintenance and const ruction plans for
violations under Point c Clause 2 of this Article;
e) Mandated law
compliant development of structure repair dossiers for violations under Point d
Clause 2 of this Article;
g) Mandated full
transfer of the approved structure maintenance procedures implemented by the
project developers for violations under Point dd Clause 2 of this Article;
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
i) Mandated
organization of load-bearing safety assessment and operational safety
assessment or mandated submission of assessment results to the authorities for
violations under Point d Clause 3 of this Article;
k) Mandated
inspection, repair, adoption of emergency measures, or mandated submission of
law compliant reports upon discovering signs of danger or lack of safety of the
structure or work items for violations under Point dd Clause 3 of this Article;
l) Mandated
reinforcement, renovation, or repair of any damage (if any) prior to
considering and deciding on continuous use of the structure, submission of
structure quality inspection, assessment, examination, and repair results (if
any) to the authorities for violations under Point e Clause 3 of this Article;
m) Mandated
dismantlement of temporary structure carried out by project developers for
violations under Point g Clause 3 of this Article.
Article
21. Violation of regulation on document management and storage
1. A fine ranging
from VND 20.000.000 to VND 40.000.000 shall be imposed on:
a) Failing to
adequately store scheme dossiers as per construction laws;
b) Failing to store
structure completion dossiers or failing to adequately store documents as per
the law.
2. Remedial
measures: mandated storage or addition to documents in store for violations under
Clause 1 of this Article.
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
1. A fine ranging
from VND 10.000.000 to VND 20.000.000 shall be imposed on:
a) Failing to report
construction incidents or occupational safety incidents in a timely manner;
b) Failing to
produce law compliant structure incident dossiers.
2. A fine ranging
from VND 40.000.000 to VND 60.000.000 shall be imposed on:
a) Failing to
organize protection of incident site or dismantling, cleaning up site of
incident without permission of the authorities;
b) Failing to
rectify and remediate consequences in case of construction incidents or
incidents that cause lack of occupational safety.
3. Remedial
measures:
a) Mandated submission
of written reports to the authorities for violations under Point a Clause 1 of
this Article;
b) Mandated
preparation of structure incident dossiers for violations under Point b Clause
1 of this Article;
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
d) Mandated handling
and remediation for violations under Point b Clause 2 of this Article.
Article
23. Violation of regulations on management of construction investment project
If consulting
contractors for project management, project management boards for specialized
construction projects, project management boards for area construction project
act as project developers, depending on the assigned task, consulting
contractors for project management and project management boards shall be met
with penalties for administrative violations mentioned under Article 7 through
Article 22 hereof.
Section
2. FOR CONTRACTORS, PROJECT DEVELOPERS (THAT IMPLEMENT CONSTRUCTION WORK BY
THEMSELVES), AND OTHER ORGANIZATIONS, INDIVIDUALS ENGAGING IN CONSTRUCTION WORK
Article
24. Violation of regulation on construction eligibility
1. A fine ranging
from VND 10.000.000 to VND 20.000.000 shall be imposed on individuals engaging
in construction work who:
a) Engage in
construction work with insufficient eligibility for operation as per the law;
b) Engage in
construction work without valid license of operation or engage in construction
work in a manner contradicting the license of operation;
c) Are foreigners or
overseas Vietnamese and engage in construction work in Vietnam without
converting license of operation as per the law.
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
a) Assign
individuals who lack the appropriate license of operation or eligibility to
work on certain type, level of construction;
b) Engage in
construction work without the appropriate eligibility as per the law;
c) Engage in
construction work without valid certificate of eligibility as per the law.
3. In addition to
the penalties under Clause 2 of this Article, the foreign contractors must also
incur fines ranging from VND 50.000.000 to VND 70.000.000 for:
a) Borrowing,
lending, hiring, or leasing license of operation for construction work;
b) Engaging in
construction work in Vietnam without construction permit;
c) Refusing to
establish joint venture with Vietnamese contractors or refusing to utilize
Vietnamese secondary contractors as per the law;
d) Refusing to
establish coordinating office after obtaining the construction permit; Refusing
to register or disclose address, phone number, fax number, e-mail, seal,
account, or TIN of the coordinating office as per the law;
dd) Employing
foreign workers who are not experts in economic management, technical
management or very high skilled workers which Vietnam cannot provide to do
construction work in Vietnam;
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
g) Failing to
clearly define contents, workload, or value of workload of the Vietnamese
contractors in a joint venture or Vietnamese secondary contractors;
h) Failing to
perform quality register for imported materials, equipment as per the contracts
or failing to perform safety register for construction equipment and traffic
relating to business activities of the foreign contractors as per Vietnamese
laws;
i) Violating report
policies dictated in the construction permit.
4. Additional forms
of penalty:
a) Suspension of
construction work for 3 to 6 months for violations under Point b Clause 2 of
this Article;
b) Suspension of
construction work for 6 to 12 months for cases where certificate of eligibility
is not available, suspension of construction work for 3 to 6 months for cases
where certificate of eligibility expires for violations under Point c Clause 2
of this Article;
c) Suspension of
license of operation for 6 to 12 months for violations under Point a Clause 3
of this Article;
d) Suspension of
construction work in Vietnam for 12 to 24 months for violations under Point b
Clause 3 of this Article.
5. Remedial measures
(for construction that has not commenced or is in progress):
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
b) Mandated
assignment of individuals with sufficient capacity or license of operation for
violations under Point a Clause 2 of this Article;
c) Mandated adoption
of procedures for issuance of construction permit for violations under Point b
Clause 3 of this Article;
d) Mandated
establishment of coordinating office implemented by foreign contractors once
construction permit has been issued or mandated additional registration or
information disclosure for violations under Point d Clause 3 of this Article;
dd) Mandated
adoption of outbound procedures for foreign workers carried out by project
developers for violations under Point dd Clause 3 of this Article;
e) Mandated
compliance of the project developers with construction permit for violations
under Point e Clause 3 of this Article;
g) Mandated addition
implemented by foreign contractors of contents, workload, or specific value of
workload of Vietnamese contractors in joint venture or Vietnamese secondary
contractors for violations under Point g Clause 3 of this Article;
h) Mandated law
compliant registration for violations under Point h Clause 3 of this Article;
i) Mandated
compliance of contractors with report policies for violations under Point i
Clause 3 of this Article.
Article
25. Violation of details of bid or contracts
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
2. Remedial
measures: Mandated compliance with the bid or contracts for violations under
Clause 1 of this Article if the contract is being implemented.
Article
26. Violation of regulations on national technical regulations, applied
standards, use of data and documents in construction activities
1. A fine ranging
from VND 20.000.000 to VND 30.000.000 shall be imposed on using foreign standards
without consent of individuals deciding on investment.
2. A fine ranging
from VND 30.000.000 to VND 40.000.000 shall be imposed on using experiment
results of construction experimenting organizations that are ineligible as per
the law.
3. A fine ranging
from VND 40.000.000 to VND 50.000.000 shall be imposed on using data or
documents that lack the legal basis.
4. A fine ranging
from VND 50.000.000 to VND 60.000.000 shall be imposed on failing to employ or failing
to employ the appropriate technical regulations, standards or failing to employ
valid standards.
5. Remedial
measures:
a) Mandated
termination of experiment results or data, documents that lack legal basis for
violations under Clause 2 and Clause 3 of this Article if construction has not
been commenced or is in progress;
b) Mandated
compliance with technical regulations for violations under Clause 4 of this
Article if construction has not been commenced or is in progress.
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
1. A fine ranging
from VND 30.000.000 to VND 40.000.000 shall be imposed on:
a) Utilizing
personnel, equipment, or laboratories in a manner not suitable for the approved
technical measures for construction surveying;
b) Producing
inadequate experiment result forms;
c) Failing to store
surveying samples or surveying documents as per the law.
2. A fine ranging
from VND 40.000.000 to VND 50.000.000 shall be imposed on:
a) Failing to
produce surveying tasks or technical measures for surveying;
b) Producing
technical measures for construction surveying not suitable for construction
surveying tasks or not suitable for applied standards, technical regulations on
construction surveying;
c) Producing
surveying tasks or technical measures for construction surveying not suitable
for type, class of construction or surveying model;
d) Surveying without
approved surveying task or technical measures for construction surveying;
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
e) Failing to
purchase professional liability insurance;
g) Failing to use
geography map suitable for specific construction planning schemes;
h) Failing to
conduct additional surveying when geography surveying maps are not appropriate
or not produced by agencies with juridical person at the time in which
construction planning is produced or when only cadastral maps are available.
3. A fine ranging
from VND 50.000.000 to VND 60.000.000 shall be imposed on producing reports on
surveying data, documents in a manner not consistent with the surveyed facts or
not compliant with regulations and law thereby requiring the design to be
revised.
4. Remedial measures:
a) Mandated the use
of personnel, equipment, and laboratories suitable for approved technical
measures for construction surveying for violations under Point a Clause 1 of
this Article if construction has not been commenced or is in progress;
b) Mandated
repetition of experiment with experiment result form containing adequate
information for violations under Point b Clause 1 of this Article;
c) Mandated
production of surveying tasks, technical measures for construction surveying
for violations under Point a Clause 2 of this Article if construction has not
been commenced or is in progress;
d) Mandated
production of surveying tasks, technical measures for construction measures and
repeated survey for violations under Points b, c, d, and đ Clause 2 of this
Article if construction has not been commenced or is in progress;
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
Article
28. Violation of regulations on producing construction planning
1. A fine ranging
from VND 10.000.000 to VND 20.000.000 shall be imposed on failing to meet the
deadline for planning.
2. A fine ranging
from VND 30.000.000 to VND 40.000.000 shall be imposed on:
a) Failing to ensure
compliance with regulations and law of drawing layout or legends;
b) Using geography
maps in a manner contradicting the law for producing planning schemes.
3. A fine ranging from
VND 40.000.000 to VND 50.000.000 shall be imposed on:
a) Failing to
produce adequate planning tasks as per the law;
b) Failing to
consult adequate entities in adequate form and in adequate time about planning;
c) Failing to
produce adequate documents for approval, inspection or documents consulting
about planning tasks, schemes;
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
dd) Failing to
submit approved planning dossiers to construction planning authority for
storage as per the law.
4. A fine ranging
from VND 60.000.000 to VND 80.000.000 shall be imposed on:
a) Failing to ensure
adequacy of presentation or components of drawings in the planning schemes;
b) Failing to
produce urban planning design with adequate drawings and details and management
regulations as per the law;
c) Failing to
produce construction planning in a manner consistent and conforming to planning
of higher levels.
5. Remedial
measures:
a) Mandated law
compliant use of geography maps for preparation of planning schemes for
violations under Point b Clause 2 of this Article if planning has not been
approved;
b) Mandated
preparation of planning tasks, documents for inspection, approval or documents
on consultation for violations under Point a and Point c Clause 3 of this
Article if planning has not been approved;
c) Mandated
consultation with relevant agencies, organizations, individuals, or community for
violations under Point b Clause 3 of this Article if planning has not been
approved;
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
dd) Mandated
preparation of presentation, drawings of construction planning schemes, and
urban design dossiers for violations under Clause 4 of this Article if planning
has not been approved.
Article
29. Violation of regulations on inspection of construction investment projects,
construction design and estimates
1. A fine ranging
from VND 20.000.000 to VND 30.000.000 shall be imposed on:
a) Appraisal of
projects carried out by the creators or appraisal of structure carried out by
the designers;
b) Submission of
reports on incorrect appraisal results.
2. Remedial
measures:
a) Mandated
termination of appraisal results for violations under Point a Clause 1 of this
Article;
b) Mandated repeated
production of appraisal results for violations under Point b Clause 1 of this
Article if construction is in progress.
Article
30. Violation of regulations on construction design (design implemented
following fundamental design, one-step design) and estimates
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
a) Failing to
produce law-compliant construction design dossiers;
b) Failing to revise
construction design in a law-compliant manner;
c) Failing to
execute subsequent design steps in a manner conforming to previous approved
design steps.
2. A fine ranging
from VND 30.000.000 to VND 50.000.000 shall be imposed on:
a) Designating
producers and/or suppliers of construction materials, parts, and equipment to engage
in construction design work of construction utilizing public investment,
non-public investment state budget;
b) Failing to
regulate the use of non-baked materials in design dossiers for construction
that mandates the use of non-baked materials or failing to guarantee the
percentage of non-baked materials as per the law or failing to fulfill
regulations on the use of other materials for the construction;
c) Exceeding the
budget for safety design for construction utilizing public investment, non-public
investment state capital, PPP projects;
d) Granting earth
and rock in a manner not suitable for geological surveying results or
calculating transport distance in a manner not suitable for surveying results
for construction utilizing public investment, non-public investment state
capital, PPP project;
dd) Applying cost
estimates which contain details or norms not suitable for work or contain data
inconsistent with applied norms thereby increasing the cost estimates for
construction utilizing public investment, non-public investment state capital,
PPP projects;
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
g) Miscalculating
the quantity, producing estimates which contain quantity inconsistent with the
quantity calculated from design drawings, or including quantity in calculation
for construction cost estimates despite failing to produce design drawings for
auxiliary works for projects utilizing public investment, non-public investment
state capital, PPP projects.
3. A fine ranging
from VND 50.000.000 to VND 70.000.000 shall be imposed on:
a) Failing include
all standards and features of equipment, materials, and parts in design
dossiers;
b) Failing to
include geography surveying results in construction design dossiers, failing to
rely on geography surveying results for development of construction design
dossiers, or failing to ensure consistency between surveying results and
construction design dossiers;
c) Failing to
utilize sample design or typical design in construction as mandated by the law;
d) Failing to
fulfill regulations on environmental protection, fire safety, climate change
adaptation, and other safety conditions in the design;
dd) Failing to
adequately perform designer's supervision as per the law;
e) Failing to
purchase professional liability insurance.
4. Remedial
measures:
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
b) Mandated revision
of construction design dossiers for violations under Point b Clause 1 of this
Article if construction has not been commenced or is in progress;
c) Mandated
implementation of subsequent steps suitable for the preceding design steps for
violations under Point c Clause 1 of this Article if construction has not been
commenced or is in progress;
d) Mandated
inclusion of types, percentage of non-baked construction materials in design and
estimates for violations under Point b Clause 2 of this Article if construction
has not been commenced or is in progress;
dd) Mandated
preparation of law compliant estimates for violation under Point d, Point dd,
Point e, and Point g Clause 2 of this Article for structure, work items for
which the contractors have not been selected or economic contracts have not
been signed;
e) Mandated law
compliant design using geography surveying results for violations under Point b
Clause 3 of this Article if construction has not been commenced or is in
progress;
g) Mandated law
compliant designer’s supervision for violations under Point dd Clause 3 of this
Article if construction has not been commenced or is in progress;
h) Mandated purchase
of professional liability insurance for violations under Point e Clause 3 of
this Article if construction has not been commenced or is in progress.
Article
31. Violation of regulation on construction order
1. Imposing
penalties for failing to install adequate safety net during construction
process which leads to construction materials falling down neighboring areas or
failing to place construction materials in the right place, to be specific:
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
b) A fine ranging
from VND 15.000.000 to VND 20.000.000 shall be imposed in case of structures
that require feasibility study of construction investment or economic -
technical report on construction investment.
2. Impose penalties
for organizing construction in a manner violating regulations on construction
quality assurance thereby causing depression, crack, or damage to technical
infrastructure or neighboring structure or causing or potentially causing
neighboring structure to collapse without causing damage to health or lives of
other people as follows:
a) A fine ranging
from VND 30.000.000 to VND 40.000.000 shall be imposed in case of detached
houses;
b) A fine ranging from
VND 50.000.000 to VND 60.000.000 shall be imposed on construction of detached
houses in sanctuaries, historical - cultural heritages, or other structures;
c) A fine ranging
from VND 80.000.000 to VND 100.000.000 shall be imposed on construction of structures
that require feasibility study of construction investment or economic -
technical report on construction investment.
3. Impose penalties
on contractors who continue the construction for which the project developers
have previously been met with offense notices for administrative violations
under Clause 4, Clause 6, Clause 7, Clause 8, Clause 9, Clause 10 Article 16
hereof:
a) A fine ranging
from VND 80.000.000 to VND 100.000.000 shall be imposed in case of detached
houses;
b) A fine ranging from
VND 100.000.000 to VND 120.000.000 shall be imposed on construction of detached
houses in sanctuaries, historical - cultural heritages, or other structures;
c) A fine ranging
from VND 160.000.000 to VND 180.000.000 shall be imposed on construction of structures
that require feasibility study of construction investment or economic -
technical report on construction investment.
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
a) Revocation of
certificate of eligibility or license of operation for 3 to 6 months for violations
under Clause 3 of this Article;
b) Confiscation of
exhibits and instrument of violations under Clause 3 of this Article.
5. Remedial
measures: Mandated installation of safety nets as per the law and rectification
of environmental pollution (if any) for violations under Clause 1 of this
Article.
Article
32. Violation of regulations on safety in construction
1. A fine ranging
from VND 10.000.000 to VND 20.000.000 shall be imposed on failing to keep a
record of occupational safety conditions which must be fully recorded as per
the law.
2. A fine ranging
from VND 30.000.000 to VND 50.000.000 shall be imposed on:
a) Allowing
employees to disregard safety measures or violate regulations on using tools
and personal protective equipment in construction;
b) Failing to
produce occupational safety inclusive plans, failing to establish detail safety
measures for occupations with high possibility of occupational safety loss;
c) Using
construction machinery without circulation, operation documents or using construction
machinery which has not been registered or expired the registration period or
failing to adequately comply with details specified under circulation license,
operation, and registration documents;
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
dd) Failing to
assign employees who must be trained in occupational safety or construction
engineering and meeting other regulations on occupational safety and hygiene;
e) Failing to
instruct employees to identify risks that potentially lead to accidents and
solutions for preventing accidents on construction sites;
g) Failing to
produce and request project developers to approve safety measures for humans,
construction, assets, equipment, and instruments within danger zones during
construction;
h) Failing to
elaborate safety and environmental hygiene measures for construction solutions.
3. A fine ranging
from VND 50.000.000 to VND 70.000.000 shall be imposed on:
a) Violating
regulations on construction dismantlement solutions or measures;
b) Failing to
purchase insurance for employees working on construction sites and civil
liability insurance for third parties as per the law.
4. Remedial measures
(if construction is in progress):
a) Mandated
preparation of occupational safety inclusive plans, establishment of detail
safety measures for work with high possibility of occupational safety loss for
violations under Point b Clause 2 of this Article;
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
c) Mandated
installation of warning signs for accidents, assignment of instructors at
dangerous spots on construction sites for violations under Point d Clause 2 of
this Article;
d) Mandated
assignment of persons who will engage in management of occupational safety,
provide training and guidelines on occupational safety for employees for violations
under Point dd and Point e Clause 2 of this Article;
dd) Mandated
preparation and submission of safety measures for humans, construction, assets,
equipment, and instruments located within danger zones on construction sites
during construction to project developers for approval for violations under
Point g Clause 2 of this Article;
e) Mandated
elaboration on safety and environmental hygiene measures in construction
measures for violations under Point h Clause 2 of this Article;
g) Mandated adequate
compliance with dismantlement measures, solutions for violations under Point a
Clause 3 of this Article;
h) Mandated purchase
of insurance for violations under Point b Clause 3 of this Article;
Article
33. Violation of regulations on construction execution
1. A fine ranging
from VND 10.000.000 to VND 20.000.000 shall be imposed on:
a) Failing to return
premise, move materials, machinery, equipment, and other assets of contractors
out of construction sites once the construction has been commissioned and
transferred (except otherwise agreed upon in the contracts);
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
c) Failing to
receive and manage construction premise, failing to manage coordinate and
boundary markers, failing to manage construction site as per the law;
d) Failing to use
occupational safety-related expenditure in a law compliant manner;
dd) Failing to
report to project developers regarding progress, quality, workload,
occupational safety, and construction environmental hygiene in accordance with
construction contracts and other relevant law provisions;
e) Failing to
produce and store construction management dossiers in a law compliant manner or
failing to produce construction management dossiers corresponding to actual time
to implementation on construction sites.
2. A fine ranging
from VND 20.000.000 to VND 40.000.000 shall be imposed on failing to request
project developers to approve:
a) Plans for
experimenting, inspection, assessing, testing, implementing test run, and
measuring technical configurations of the structure depending on technical
design and specification demands;
b) Solutions for
inspection, controlling quality of materials, products, components, equipment
used for construction and construction measures;
c) Plans for
inspecting, commissioning construction affairs, commissioning construction
stages or construction work items, commissioning completion of work items and
construction;
d) Construction
progress.
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
a) Failing to
produce law compliant as-built drawing;
b) Failing to
identify danger zones in construction as per the law;
c) Failing designate
personnel and construction machinery in accordance with construction contracts
and relevant law provisions;
d) Failing to
organize experiments, inspection, tests, and assessment for materials,
components, construction products, construction equipment, and technological
equipment before and during construction process depending on design and
regulations on construction contracts;
dd) Failing to
utilize capable construction laboratories for conducting experiment or failing
to directly conduct experiments as per the law.
4. A fine ranging
from VND 50.000.000 to VND 70.000.000 shall be imposed on:
a) Failing to use
materials and components with adequate quality control dossiers;
b) Failing to adhere
to construction contracts, construction permit, approved construction design,
or technical specifications;
c) Lacking
experiment, assessment results of materials, products, components, and
equipment serving construction as required by technical regulations, applied
standards, and requirements of design during construction;
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
5. A fine ranging
from VND 70.000.000 to VND 80.000.000 shall be imposed on:
a) Failing to
produce and inform project developers and relevant entities about construction management
system of the contractors or failing to product construction management system
in a manner satisfactory to the scale and nature of the construction;
b) The construction
management system of the contractor when it fails to specify organizational
structure and responsibilities of each individual and department related to
construction quality assurance;
c) Failing to cease
construction work in case of any defect, error in construction quality or in
case of construction incident;
d) Failing to suspend
construction work immediately upon discovering risk of occupational accidents
or incidents causing loss of occupational safety;
dd) Failing to
rectify occupational accidents or incidents causing loss of occupational safety
during construction process.
6. Remedial
measures:
a) Mandated return
of premise, relocation of materials, machinery, equipment, and other assets of
the contractors from the construction site for violations under Point a Clause
1 of this Article;
b) Mandated
law-compliant construction record for violations under Point b Clause 1 of this
Article if construction is in progress;
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
d) Mandated
law-compliant use of occupational safety expenses for violations under Point d
Clause 1 of this Article if construction is in progress;
dd) Mandated
submission of reports on progress, quality, workload, occupational safety, and
environmental hygiene conditions in construction to project developers for
violations under Point dd Clause 1 of this Article if construction is in
progress;
e) Mandated
preparation of law-compliant construction management dossiers matching with
actual construction time on the construction site for violations under Point e
Clause 1 of this Article;
g) Mandated
presentation of plans for organizing experiments, inspecting, appraising,
testing, carrying out a test run of monitor and measurement of technical
parameters of construction to project developers for approval for violations
under Point a Clause 2 of this Article if construction is in progress;
h) Mandated
presentation of solutions for inspecting and controlling quality of materials,
products, components, equipment used for the structures, and construction
solutions to the project developers for approval for violations under Point b
Clause 2 of this Article if construction is in progress;
i) Mandated
presentation of plans for inspecting and commissioning construction work,
commissioning construction stages or work items, commissioning completion of
work items or structures to project developers for approval for violations
under Point c Clause 2 of this Article if construction is in progress;
k) Mandated
presentation of construction progress to project developers for approval for
violations under Point d Clause 2 of this Article if construction is in
progress.
l) Mandated
preparation of as-built drawings for violations under Point a Clause 3 of this
Article if construction is in progress;
m) Mandated
identification of danger zones in construction for violations under Point b
Clause 3 of this Article of construction is in progress;
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
o) Mandated
organization of experimentation, inspection, test, and assessment of materials,
structures, construction products, construction equipment, and technology
equipment before and during construction process according to the design and
construction contracts for violations under Point d Clause 3 of this Article if
construction is in progress;
p) Mandated the use
of construction laboratories eligible for conducting experiments and mandated
carrying out of experimentation for violations under Point dd Clause 3 of this
Article if construction is in progress;
q) Mandated completion
of quality control dossiers for violations under Point a Clause 4 of this
Article if construction has not been commenced or is in progress;
r) Mandated
assignment as per construction contracts, construction permit, construction
design, and technical specifications for violations under Point b Clause 4 of
this Article;
s) Mandated
surveying and monitoring of construction or mandated carrying out of
experiments and off-line, on-line test run prior to requesting commissioning
for violations under Point d Clause 4 of this Article if construction is in
progress;
t) Mandated
establishment of quality control system appropriate for construction scale for
violations under Point a Clause 5 of this Article if construction is in
progress;
u) Mandated
establishment of quality control system that clarifies organizational
structures and responsibilities of individuals and departments related to
construction quality control for violations under Point b Clause 5 of this
Article if construction is in progress;
v) Mandated
suspension of construction and rectification of errors, defects, and incidents
in order to ensure safety prior to continuing with the construction for
violations under Point c and Point d Clause 5 of this Article;
x) Mandated
rectification of occupational accidents, incidents causing loss of occupational
safety during construction for violations under Point d Clause 5 of this
Article.
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
1. A fine ranging
from VND 60.000.000 to VND 80.000.000 shall be imposed on:
a) Failing to
inspect for technical occupational safety of machinery and equipment that
requires strict occupational safety as per the law;
b) Failing to use
online software for managing inspection database in order to update data of
machinery and equipment that requires strict occupational safety during
construction and has been inspected.
2. Remedial
measures:
a) Mandated inspection
for technical occupational safety for equipment and machinery that requires
strict occupational safety for violations under Point a Clause 1 of this
Article if construction is in progress;
b) Mandated the use
of online software for managing inspection database to update the database for
violations under Point b Clause 1 of this Article.
Article
35. Violation of regulation on construction supervision
1. A fine ranging
from VND 30.000.000 to VND 40.000.000 shall be imposed on:
a) Failing to conduct
construction supervision;
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
c) Failing to produce
report on construction supervision as per the law.
2. A fine ranging
from VND 40.000.000 to VND 60.000.000 shall be imposed on:
a) Fabricating
supervision results;
b) Letting
construction contractors to build without adhering to construction permit or
approved design or use the incorrect type, forms of materials or build without
adhering to approved construction solutions;
c) Letting
construction contractors to not use non-baked materials as per the law;
d) Commissioning
construction work in a manner not conforming to regulations and law;
dd) Failing to
ensure that construction supervision contractors are separate from construction
contractors, manufacturing, production, and supply contractors for construction
materials, components, equipment for structures invested with public
investment, non-public investment state capital, and PPP projects.
3. Remedial
measures:
a) Mandated
supervision of construction for violations under Point a Clause 1 of this
Article if construction is in progress;
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
c) Mandated disposal
and re-preparation of supervision results adhering to facts for violations
under Point a Clause 2 of this Article if construction is in progress;
d) Mandated
adherence by construction contracts to construction permit, approved design, or
use of the correct construction material type or forms or adherence to approved
construction solutions for violations under Point b Clause 2 of this Article if
construction is in progress;
dd) Mandated the use
of non-baked construction materials for the remaining sections of construction
for violations under Point c Clause 2 of this Article if construction is in
progress;
e) Mandated
commissioning of construction work for violations under Point d Clause 2 of
this Article;
g) Mandated
replacement of construction supervision contractors independent of other
contractors for violations under Point dd Clause 2 of this Article if
construction package is being implemented.
Article
36. Violation of regulation on commissioning and settlement of construction
workload
1. A fine ranging
from VND 20.000.000 to VND 30.000.000 shall be imposed on prolonging completion
time of dossiers and documents serving commissioning, settlement, and
finalization of construction.
2. A fine ranging
from VND 50.000.000 to VND 60.000.000 shall be imposed on:
a) Commissioning workload
that has not been implemented or commissioning more workload than the amount of
workload actually implemented;
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
c) Commissioning
completion of work items or construction without commissioning fire safety,
environmental protection, and compliance with other regulations and law.
3. A fine ranging
from VND 100.000.000 to VND 120.000.000 shall be imposed on transferring
structures to owners or managing and using entities without organizing
commissioning.
4. Remedial
measures:
a) Mandated disposal
of commissioning results for violations under Point a and Point b Clause 2 of
this Article and recall of excessive payment to accounts of project developers
for violations under Point a Clause 2 of this Article;
b) Mandated
production of written fire safety commissioning record for violations under
Point c Clause 2 of this Article;
c) Mandated
commissioning for violations under Clause 3 of this Article.
Article
37. Violation of regulation on construction contracts
1. A fine ranging
from VND 40.000.000 to VND 60.000.000 shall be imposed on:
a) Signing secondary
contractor contracts in a manner not adhering to regulations and law for
construction utilizing public investment, non-public investment state capital,
PPP projects;
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
2. Remedial
measures:
a) Mandated singing
of secondary contractor contracts for violations under Point a Clause 1 of this
Article;
b) Mandated the use
of Vietnamese language in construction contracts for violations under Point b
Clause 1 of this Article.
Article
38. Violation of regulation on maintenance of construction
1. A fine ranging
from VND 20.000.000 to VND 30.000.000 shall be imposed on failing to produce
report on completion of maintenance work and submit to project developers.
2. A fine ranging
from VND 30.000.000 to VND 40.000.000 shall be imposed on failing to produce
maintenance procedures containing all basic details.
3. A fine ranging
from VND 40.000.000 to VND 60.000.000 shall be imposed on failing to fulfill
maintenance obligations.
4. Remedial
measures:
a) Mandated
submission of reports on completion of maintenance work to project developers
for violations under Clause 1 of this Article;
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
c) Mandated
fulfillment of maintenance obligations for violations under Clause 3 of this
Article.
Article
39. Violation of regulation on storage
1. A fine ranging
from VND 20.000.000 to VND 40.000.000 shall be imposed on:
a) Surveying, design
contractors which fail to store construction surveying, design dossiers in a manner
adhering to regulations and law;
b) Supervision
contractors which fail to store construction dossiers relating to supervision
work in a manner adhering to regulations and law;
c) Construction
contractors which fail to store quality control dossiers in a manner adhering
to regulations and law;
d) Organizing
construction experiments without storing experimentation documents, sampling
records, and experiment result records;
dd) Organizing professional
construction training without storing adequate course dossiers.
2. Remedial
measures: mandated storage of dossiers in a manner adhering to regulations and
law for violations under Clause 1 of this Article.
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
1. A fine ranging
from VND 40.000.000 to VND 50.000.000 shall be imposed on:
a) Conducting
quality control without adhering to procedures;
b) Submitting
reports on incorrect inspection results;
c) Conducting
quality control for construction under the offender’s supervision for
construction utilizing public investment, non-public investment state capital,
PPP projects.
2. A fine ranging
from VND 50.000.000 to VND 60.000.000 shall be imposed on:
a) Conducting
experiments without obtaining certificate of eligibility for conducting
construction experiments from competent authorities or without being eligible
for doing so;
b) Providing
incorrect or inadequate experiment result records;
c) Fabricating
experiment results or providing incorrect experiment results.
3. Remedial
measures:
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
b) Mandated adequate
execution of experiments and provision of adequate experiment results for
violations under Point b and Point c Clause 2 of this Article.
Chapter
III
ADMINISTRATIVE
VIOLATIONS, PENALTIES, AND REMEDIAL MEASURES IN CONSTRUCTION MATERIAL
PRODUCTION
Article
41. Violation of regulation on production of construction materials utilizing
white asbestos of serpentine group (hereinafter referred to as “chrysotile”)
1. A fine ranging
from VND 60.000.000 to VND 80.000.000 shall be imposed on using chrysotile to
produce construction materials as follows:
a) Using chrysotile
with unclear origin to produce roofing materials;
b) Using too much
chrysotile in production areas.
2. A fine ranging
from VND 100.000.000 to VND 120.000.000 shall be imposed on investing in new
construction or expanding construction material manufacturing facilities that
utilize chrysotile.
3. Remedial
measures:
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
b) Mandated adoption
of environmental pollution remedial measures for violations under Point b
Clause 1 of this Article;
c) Mandated
restoration to original state or dismantlement of construction, parts of
construction, and all equipment involved in the violation for violations under
Clause 2 of this Article.
Chapter
IV
ADMINISTRATIVE
VIOLATION, PENALTIES, AND REMEDIAL MEASURES IN MANAGEMENT OF TECHNICAL
INFRASTRUCTURE
Section
1. VIOLATION OF REGULATION ON WATER SUPPLY AND DRAINAGE
Article
42. Violation of regulation on protection of safety zones of groundwater
extraction wells, water sources serving clean water production, safety corridor
of raw water pipelines, clean water transport pipelines, and technical
infrastructure
1. A fine ranging from
VND 40.000.000 to VND 60.000.000 shall be imposed on:
a) Violating
regulations on protection of safety zones of groundwater extraction wells;
b) Violating
regulations on protection of safety corridor of raw water pipelines and clean
water pipelines;
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
2. A fine ranging
from VND 60.000.000 to VND 80.000.000 shall be imposed on violation of
regulations on protection of water supply sources, failure to construct water
supply safeguard zones or water supply structure.
3. Remedial
measures:
a) Mandated
restoration to original state for violations under Clause 1 of this Article;
b) Mandated
protection of water supply sources, construction of water supply safeguard zones
and water supply structures for violations under Clause 2 of this Article.
Article
43. Violation of regulations on signing water supply service agreements or
water supply development plans
1. A fine ranging from
VND 50.000.000 to VND 60.000.000 shall be imposed on:
a) Failing to sign
water supply service agreement with the authority as per the law;
b) Failing to
produce and request competent authority to approve annual and long-term water
supply development plan of the region as per the law.
2. Remedial
measures:
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
b) Mandated
production and submission for approval of annual and long-term water supply
development plan for violations under Point b Clause 1 of this Article.
Article
44. Violation of regulations on protection and use of water supply network
1. A fine ranging
from VND 10.000.000 to VND 20.000.000 shall be imposed on failing to submit
irregular report at request or periodic report to local governments and water
supply authorities in central and local governments.
2. A fine ranging
from VND 20.000.000 to VND 40.000.000 shall be imposed on:
a) Failing to
promptly inform customers to preserve water during the period in which water
supply service is to be restored;
b) Failing to ensure
adherence to regulations or technical standards when designing, installing,
maintaining, using, or inspecting equipment of customers which is connected to
the water supply network of the water supply service providers;
c) Violating quality
of service at the point of connection for clean water serving domestic
purposes;
d) Violating
regulations on protection and use of water supply network.
3. A fine ranging
from VND 40.000.000 to VND 60.000.000 shall be imposed on:
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
b) Failing to ensure
quality of clean water according to technical regulations when supplying clean
water for domestic purposes.
4. A fine ranging
from VND 60.000.000 to VND 80.000.000 shall be imposed on:
a) Failing to adopt
temporary water supply measures in a manner sufficient for basic routines of
inhabitants living in affected areas during the period in which incidents are
being remediated;
b) Failing to
install hydrant system in a law-compliant manner.
5. A fine ranging
from VND 100.000.000 to VND 120.000.000 shall be imposed on:
a) Polluting clean and
unused water, spreading toxic substances or infectious diseases or diseases
that are infectious within water supply network;
b) Partially or
wholly transferring the right to provide water supply service without consent
of competent authorities as per the law.
6. Remedial
measures:
a) Mandated
submission of reports for violations under Clause 1 of this Article;
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
c) Mandated
assurance of quality service at points of connection for violations under Point
c Clause 2 of this Article;
d) Mandated
restoration to original state for violation under Point d Clause 2 of this
Article;
dd) Mandated
maintenance of minimum water pressure of fire hydrants according to calculation
of pipeline network for violations under Point a Clause 3 of this Article;
e) Mandated supply
of clean water complying with technical regulations for violations under Point
b Clause 3 of this Article;
g) Mandated adoption
of temporary water supply measures in order to satisfy basic routines of
inhabitants of affected areas as per applicable laws for violations under Point
a Clause 4 of this Article;
h) Mandated
installation of law-compliant fire hydrants for violations under Point b Clause
4 of this Article;
i) Mandated
restoration to original state of clean water supply system for violations under
Point a Clause 5 of this Article;
k) Mandated
law-compliant application for approval of competent authorities regarding
transfer of the right to provide water supply services for violations under
Point b Clause 5 of this Article.
Article
45. Violation of regulations on water supply planning and plans
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
2. A fine ranging
from VND 60.000.000 to VND 80.000.000 shall be imposed on:
a) Investing in
construction of water supply structures without conforming to approved water
supply development plans;
b) Failing to invest
in development of network for distributing and connecting with customers when
water supply development plans have been approved by competent authorities.
3. Remedial
measures:
a) Mandated
compliance with water supply planning approved by competent authorities for
violations under Clause 1 of this Article;
b) Mandated
investment in water supply structures conforming to approved water supply plans
for violations under Point a Clause 2 of this Article;
c) Mandated
investment in development of network distributing, connecting with customers
for violations under Point b Clause 2 of this Article.
Article
46. Violation of regulations on water supply service agreement
1. A fine ranging
from VND 40.000.000 to VND 60.000.000 shall be imposed on failing to organize inspection
of water measurement instrument at request within the time limit prescribed by
measurement authorities as per the law.
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
3. Remedial
measures:
a) Mandated
inspection of water measurement instrument for violations under Clause 1 of
this Article;
b) Mandated submission
of water supply agreement to competent authorities for consideration and
written approval for violations under Clause 2 of this Article.
Article
47. Violation of regulation on use of water drainage system
1. A fine ranging from
VND 60.000.000 to ND 80.000.000 shall be imposed on connecting water drainage
system of the structure to general water drainage structure without adhering to
connection agreement.
2. A fine ranging
from VND 80.000.000 to VND 100.000.000 shall be imposed on:
a) Failing to manage
assets invested from funding sources of owners of water drainage and treatment
structures in a manner conforming to the signed contracts for managing,
operating water drainage systems;
b) Failing to
ensuring safety, efficiency, and effectiveness in managing and operating water
drainage and treatment systems as per the law;
c) Failing to
develop and organize implementation of procedures for managing and operating
water drainage systems;
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
dd) Failing to
provide information on connection agreement for requesting entities;
e) Failing to
maintain stability of water drainage service in a law-compliant manner;
g) Failing to submit
periodic report in a law-compliant manner to owners and regulatory authorities
regarding water drainage in central and local governments.
3. Remedial
measures:
a) Mandated
law-compliant connection for violations under Clause 1 of this Article;
b) Mandated
development and implementation of procedures for managing and operating water
drainage structures for violations under Point c Clause 2 of this Article;
c) Mandated
establishment of database and managing households connecting to water drainage
system under the offender’s management or mandated cooperate with water supply
service providers or mandated collection of service fees for violations under
Point d Clause 2 of this Article;
d) Mandated
provision of agreement information for requesting entities for violations under
Point d Clause 2 of this Article;
dd) Mandated
maintenance of water drainage service for violations under Point e Clause 2 of
this Article;
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
Article
48. Violation regarding management of elevation related to water drainage
1. A fine ranging
from VND 10.000.000 to VND 20.000.000 shall be imposed on water drainage
service providers that fail to provide information on elevation of water
drainage system to requesting organizations and individuals.
2. A fine ranging
from VND 30.000.000 to VND 40.000.000 shall be imposed on:
a) Organizations,
individuals, and households which invest in construction without complying with
basic urban level that has been provided;
b) Failing to
identify and failing to manage water elevation of detention basins, drainage
canals in order to maximize rainwater drainage and regulation capacity, prevent
flooding, and protect the environment;
c) Failing to manage
elevation of primary sewers and rainwater, wastewater sewer.
3. Remedial
measures:
a) Mandated
provision of information on elevation of water drainage system carried out by
water drainage service providers for violations under Point 1 of this Article;
b) Mandated
law-compliant management of elevation for violations under Point b and Point c
Clause 2 of this Article.
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
1. A fine ranging
from VND 10.000.000 to VND 20.000.000 shall be imposed on:
a) Failing to dredge
the basin and clean the lake bed or banks on a periodic basis;
b) Failing to
produce management procedures and regulations on utilizing detention basis;
c) Failing to obtain
permission of competent authorities for using detention basis for recreational,
aquaculture, tourism purposes, or other purposes.
2. A fine ranging
from VND 40.000.000 to VND 60.000.000 shall be imposed on failing to maintain a
stable water level of detention basins.
3. Remedial
measures:
a) Mandated periodic
dredging of lake bed, cleaning of lake bed and banks for violations under Point
a Clause 1 of this Article;
b) Mandated
preparation of procedures for managing and utilizing detention basis for
violations under Point b Clause 1 of this Article.
Article
50. Violation of regulations on management and operation of wastewater drainage
system
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
2. Remedial
measures: Mandated periodic inspection and assessment for violations under
Clause 1 of this Article.
Article
51. Violation of regulations on management of rainwater drainage and reuse
system
1. A fine ranging
from VND 60.000.000 to VND 80.000.000 shall be imposed on entities managing
rainwater drainage and reuse systems which:
a) Fail to ensure
that sewers, canals, manholes are dredged, maintained, preserved on a periodic
basis, allow the flow as per design or fail to regularly inspect, maintain manhole
covers, rainwater drainage and discharge gates, or fail to periodically
inspect, assess quality of sewers, structures within the network to propose
plans for replacement and repair;
b) Fail to establish
management procedures for rainwater drainage system satisfactory to management
and operation demands;
c) Reuse rainwater
for different purposes without satisfying appropriate technical standards and
regulations on water quality.
2. Remedial
measures:
a) Mandated periodic
dredging, maintenance, preservation of sewers, canals, manholes, assurance of
flow by design or mandated inspection, maintenance of manhole covers, rainwater
drainage and discharge gates or mandated inspection, assessment of sewers,
structures within the network to propose plans for replacement and repair for
violations under Point a Clause 1 of this Article;
b) Mandated
establishment of management procedures for rainwater drainage and reuse system
for violations under Point b and Point c Clause 1 of this Article.
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
1. A fine ranging
from VND 10.000.000 to VND 20.000.000 shall be imposed on failing to collect,
store, and transport sludge to treatment facilities as per planning or
locations permitted by the authorities to treat in a manner satisfactory to
environmental hygiene.
2. A fine ranging
from VND 20.000.000 to VND 40.000.000 shall be imposed on treating and reusing
sludge without complying with regulations on sludge management and use issued
by competent authorities and regulations on environmental protection.
3. In case
violations involve discharging untreated sludge into the environment or failing
to assure compliance with applicable regulations on discharge into the
environment after treating or failing to manage hazardous waste in accordance
with regulation on managing hazardous waste for sludge containing hazardous
components or failing to adopt suitable solutions for collecting and treating
sludge when investing in construction of wastewater treatment plants, impose
penalties in accordance with the Decree imposing penalties for administrative
violations in environmental protection.
4. Remedial measures:
a) Mandated
collection, store, and transport of sludge to treatment locations as per
planning or locations permitted by the authorities to carry out treatment in a
manner satisfactory to environmental hygiene for violations under Clause 1 of
this Article;
b) Mandated adoption
of environmental pollution remedial measures for violations under Clause 2 of
this Article.
Section
2. VIOLATION OF REGULATIONS ON LIGHTING, PUBLIC TREE, CEMETERY, CREMATORIUM
MANAGEMENT
Article
53. Violation of regulations on management, operation, and use of the public
lighting system
1. A fine ranging
from VND 5.000.000 to VND 10.000.000 shall be imposed on entities managing and
operating public urban lighting system that fail to submit periodic reports on
management and operation of public lighting system under their management to
urban governments and specialized agencies.
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
a) Failing to
periodically inspect and assess quality of light sources and equipment of the
public lighting system in order to propose timely solutions for replacement and
repair;
b) Failing to use
light sources and lighting equipment licensed with Energy efficient certificate
or labeled with energy efficient label issued by competent authorities when
repairing, replacing, installing new light sources and lighting equipment at
construction sites and urban lighting structures that utilize state budget;
c) Providing urban
public lighting in a manner not complying with technical procedures for
lighting, not guaranteeing safety and electricity efficiency, fire safety, and
operation time of the urban public lighting system as per the law.
3. Remedial
measures:
a) Mandated
compliance with reporting policies for violations under Clause 1 of this
Article;
b) Mandated the use
of light sources and lighting equipment licensed with Energy efficient
certificate or labeled with energy efficient label of competent authorities for
violations under Point b Clause 2 of this Article;
c) Mandated
provision of urban public lighting in a manner complying with technical
procedures for lighting, guaranteeing safety and electricity efficiency, fire
safety, and operation time of the urban public lighting system as per the law
for violations under Point c Clause 2 of this Article.
Article
54. Violation of regulation on tree, park, and flower bed protection
1. A warning shall
be issued for:
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
b) Caring or
trimming trees without complying with technical procedures.
2. A fine ranging
from VND 20.000.000 to VND 30.000.000 shall be imposed on:
a) Disposing of
toxic substances or construction materials around trees; cooking, burning,
building platforms or steps around tree trunks;
b) Planting trees on
sidewalks, median strips, roads, traffic junctions, or public areas in a manner
not complying with regulations and law;
c) Planting trees
under list of prohibited trees or list of trees planted in limited number
without permission of competent authorities;
d) Obstructing the
planting of trees.
dd) Planting urban
trees without complying with technical procedures, without planting the right
cultivars, standards, and safety regulations.
3. A fine ranging
from VND 30.000.000 to VND 50.000.000 shall be imposed on felling, relocating,
digging around urban public trees or trimming roots without permission.
4. Remedial
measures:
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
b) Mandated planting
of urban trees in accordance with technical procedures, with appropriate
cultivars and standards for violations under Point dd Clause 2 of this Article.
Article
55. Violation of regulation on construction, management, and use of cemeteries
and crematoriums
1. A fine ranging
from VND 10.000.000 to VND 20.000.000 shall be imposed on:
a) Failing to
install surrounding walls or trees according to approved design for cemeteries
situated in urban areas or rural residential areas;
b) Transferring
personal burial plots for cases where such a transfer is not allowed;
c) Failing to
produce and keep adequate cemetery dossiers as per the law;
d) Failing to submit
report on management and use of cemeteries in an adequate and timely manner;
dd) Failing to issue
and publicize fees of cemetery service and crematorium service as per
applicable laws;
e) Failing to store
ashes in appropriate locations or locations not approved by competent
authorities.
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
a) Failing to ensure
safety clearance from outer walls of cemeteries and crematoriums to residential
areas and other public structures as per technical regulations regarding
construction planning;
b) Failing to close
cemeteries when there are no vacancies left, causing environmental pollution;
c) Using more land
for individual grave plots than permitted.
3. A fine ranging
from VND 40.000.000 to VND 60.000.000 shall be imposed on cremation service
providers which:
a) Operate without
being eligible as per the law;
b) Assign ineligible
personnel to operate the crematoriums;
c) Fail to produce management
procedures for crematoriums or fail to adhere to the approved management
procedures;
d) Fail to produce
log of cases of cremation as per the law;
dd) Fail to submit
reports on operation of crematoriums to competent authorities.
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
a) Bring unqualified
cemeteries or crematoriums into use;
b) Fail to ensure
minimum safety clearance from crematoriums constructed outside of cemeteries to
residential areas and public structures.
5. Additional forms
of penalties:
Suspension from 9 to
12 months for violations under Point b Clause 2 and Point a Clause 4 of this
Article.
6. Remedial
measures:
a) Mandated
construction of surrounding walls or trees according to approved design for
cemeteries in urban areas or in rural urban areas for violations under Point a
Clause 1 of this Article if construction is in progress;
b) Mandated recall
of personal burial plots that have been transferred for violations under Point
b Clause 1 of this Article;
c) Mandated
preparation of cemetery logs for violations under Point c Clause 1 of this
Article.
d) Mandated
submission of adequate and timely reports on management and use of cemeteries
for violation under Point d Clause 1 of this Article;
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
e) Mandated store of
ashes for violations under Point e Clause 1 of this Article;
g) Mandated close
down of cemeteries for violations under Point b Clause 2 of this Article;
b) Mandated
adherence to permitted land area for violations under Point c Clause 2 of this
Article;
i) Mandated
assurance of eligibility for violations under Point a and Point b Clause 3 of
this Article;
k) Mandated
preparation of management procedures of crematoriums or mandated adoption of
approved management procedures of crematoriums for violations under Point c
Clause 3 of this Article;
l) Mandated
preparation of logs of cremation cases for violations under Point d Clause 3 of
this Article;
m) Mandated
submission of reports on operation of crematoriums to competent authorities for
violations under Point dd Clause 3 of this Article;
n) Mandated
satisfaction of qualification for violations under Point a Clause 4 of this
Article;
o) Mandated
assurance of safety clearance from crematoriums constructed outside of
cemeteries to residential areas and public structures for violations under
Point b Clause 4 of this Article.
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
Article
56. Violation of regulation on management and use of urban underground
structure
1. A fine ranging
from VND 10.000.000 to VND 20.000.000 shall be imposed on:
a) Project
developers who fail to notify agencies and parties to the agreement of plans
and connection progress prior to making connection;
b) Construction
contractors who fail to notify project developers or managing and using
entities and design authorities for promptly solutions upon detecting any
irregularity during monitoring.
2. A fine ranging
from VND 40.000.000 to VND 60.000.000 shall be imposed on:
a) Making technical connection
and spatial connection without meeting requirements;
b) Project
developers of underground construction who do not negotiate with urban
technical infrastructure coordinators or owners or managers and users of
structures that are spatially connected (if any) when designing underground
construction;
c) Project
developers or managers and users which fail to perform technical surveying
during construction, extraction, and use of underground structures;
d) Using technical
tunnels and trenches without license or for the incorrect purposes;
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
3. A fine ranging
from VND 60.000.000 to VND 80.000.000 shall be imposed on:
a) Project
developers of new urban area projects, housing projects which do not invest in
sewers, technical tanks, tunnels, trenches in order to situate and install
technical lines and pipelines as per approved pipelines;
b) Violating safety
corridor and underground structure protection clearance.
4. Remedial
measures:
a) Mandated
submission of notice regarding plans, and connection progress to agencies and
parties to the agreements for violations under Point a Clause 1 of this
Article;
b) Mandated
restoration to original state for violations under Point a Clause 2 and Point b
Clause 3 of this Article;
c) Mandated reaching
of agreement with technical infrastructure coordinators of urban areas or
owners or managers, users of structures that have been spatially connected (if
any) for violations under Point b Clause 2 of this Article;
d) Mandated
implementation of technical surveying for violations under Point c Clause 2 of
this Article;
dd) Mandated the use
of technical tunnel and trench systems with license or for the right purposes
for violations under Point d Clause 2 of this Article;
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
g) Mandated law-compliant
construction activities of project developers of new urban, housing projects
for violations under Point a Clause 3 of this Article.
Article
57. Violation of regulation on management and common use of technical
infrastructure
1. A fine ranging
from VND 20.000.000 to VND 40.000.000 shall be imposed on:
a) Obstructing the
installation, operation, maintenance, or upgrade of equipment;
b) Violating
regulations on management, extraction, use, and maintenance of common technical
infrastructure.
2. A fine ranging
from VND 40.000.000 to VND 60.000.000 shall be imposed on installing, managing,
operating telecommunication, electricity, public lighting lines, wires, water
supply and drainage pipes, energy pipes, or equipment attached to common technical
infrastructure in a manner unsatisfactory to regulations and law.
3. A fine ranging
from VND 60.000.000 to VND 80.000.000 shall be imposed on constructing common
technical infrastructure without complying with urban planning, without
construction permit, or without complying with construction permit.
4. Remedial
measures:
a) Mandated
compliance with regulation on installation, operation, maintenance, and upgrade
of equipment for violations under Point a Clause 1 of this Article;
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
c) Mandated
law-compliant installation, management, and operation of telecommunication,
electricity, public lighting lines, wires, water supply and drainage pipes,
energy pipes, or equipment attached to common technical infrastructure for
violations under Clause 2 of this Article;
d) Mandated
dismantlement of structures or part of structures for violations under Clause 3
of this Article.
Chapter
V
ADMINSITRATIVE
VIOLATIONS, PENALTIES, AND REMEDIAL MEASURES IN IMMOVABLE PROPERTY TRADING,
HOUSING MANAGEMENT AND DEVELOPMENT
Section
1. VIOLATION OF REGULATION ON IMMOVABLE PROPERTY TRADING
Article
58. Violation of regulation on immovable property trading
1. A fine ranging
from VND 100.000.000 to VND 120.000.000 shall be imposed on:
a) Failing to
establish enterprises or cooperatives as required by the law when trading
immovable properties;
b) Failing to
publicize adequate details regarding immovable property projects or housing
construction projects as per the law;
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
d) Failing to
provide information on construction progress or the use of advance upon being
requested; failing to permit the buyer or lease buyer to inspect construction
progress and/or quality as per the law;
dd) Charging fees
related to immovable property transfer in a manner not conforming to
regulations and law.
2. A fine ranging
from VND 120.000.000 to VND 160.000.000 shall be imposed project developers or
owners of buildings, structures who:
a) Sign contracts
for sale or lease purchase of buildings, structures without attaching land use
right with the buildings or structures;
b) Fail to notify
the buyer about restrictions to ownership of buildings and structures (if any).
3. A fine ranging
from VND 400.000.000 to VND 600.000.000 shall be imposed on:
a) Trading immovable
properties that are not qualified as per the law or not permitted to be traded
as per the law;
b) Trading immovable
properties in the incorrect scope of trade;
c) Carrying out
construction of immovable property trading projects, housing construction
investment projects that are behind on progress approved by competent
authorities;
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
dd) Charging the
buyers, the lease buyers of off-plan immovable properties at the incorrect
progress of the projects according to agreements of the parties or charging
more than the percentage of contract value;
e) Authorizing or
assigning parties of cooperated investment, joint venture, connection, joint business,
or capital contribution to sign contracts for sale, transfer, or lease purchase
of immovable properties;
g) Refusing
verification without justifiable reasons or failing to verify in the documents
on transfer of contracts for sale, lease purchase of off-plan immovable
properties;
h) Transferring
contracts for lease purchase of built buildings, structures or transferring
contracts for sale, lease purchase of off-plan houses in a manner not complying
with regulations and law;
i) Failing to comply
with applicable regulations on sale price, transfer price, lease price, lease
purchase price of immovable properties;
k) In case the
violations involve failing to adopt procedures for issuing certificate for land
use right, ownership of houses and other assets attached to land to the buyers,
the lease buyers or failing to provide relevant documents and legal instruments
to the buyers, lease buyers as per the law, impose penalties for administrative
violations in accordance with Decree imposing penalties for administrative
violations in land.
4. A fine ranging
from VND 800.000.000 to VND 1.000.000.000 shall be imposed on project
developers of immovable property trading projects which:
a) Failing to adhere
to procedures when transferring projects in part or in whole;
b) Failing to
satisfy all requirements or conditions when transferring projects in part or in
whole;
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
d) Transferring
buildings, structures to customers without finishing houses, structures,
technical infrastructures and social infrastructures according to progress specified
in the approved projects, without connecting to the general infrastructure of
the area, without finishing the surface area (when transferring basic buildings
and structures), without commissioning or obtaining written approval of
commissioning results of competent authorities for bringing houses, social
infrastructures into use as per the law;
dd) Mobilizing
capital in a manner not complying with regulations and law;
e) Using capital mobilized
from organizations and individuals or advance of the buyers, lessees, lease
buyers of off-plan immovable properties for purposes other than those in the
agreement.
5. Additional forms
of penalties: Suspension of immovable property trading operation for 3 to 6
months for projects where violations under Point a, Point b, and Point e Clause
3 of this Article occur.
6. Remedial
measures:
a) Mandated adequate
disclosure of information for violations under Point b Clause 1 of this
Article;
b) Mandated
law-compliant preparation of contracts for violations under Point c Clause 1 of
this Article;
c) Mandated
provision of information on construction progress or the use of advance upon
being requested; mandated granting of permission for the buyers, lease buyers
to physically inspect progress at construction site as per the law for
violations under Point d Clause 1 of this Article;
d) Mandated refund
of the illegal charges relating to transfer of immovable properties to the
buyers for violations under Point dd Clause 1 of this Article;
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
e) Mandated
submission to notice to the parties regarding limitations to ownership of
buildings and structures (if any) for violations under Point b Clause 2 of this
Article;
g) Mandated
adherence to immovable property trading scope for violations under Point b
Clause 3 of this Article;
h) Mandated
preparation of contracts for guaranteeing financial obligations of project
developers for violations under Point d Clause 3 of this Article;
i) Mandated
collection of charges from the buyers, lease buyers of off-plan immovable
properties in accordance with project progress or mandated refund of the
excessive contract value for violations under Point dd Clause 3 of this
Article;
k) Mandated
law-compliant verification for violations under Point g Clause 3 of this
Article;
l) Mandated
law-compliant transfer of contracts for violations under Point h Clause 3 of
this Article;
m) Mandated
compliance with regulations and law on sale price, transfer price, lease price,
and lease purchase price of immovable properties and refund of the excessive
collectibles (if any) for violations under Point I Clause 3 of this Article;
n) Mandated
law-compliant transfer of projects in part or in whole for violations under
Point a and Point b Clause 4 of this Article;
o) Mandated
suspension of building and structure transfer, finishing of construction or
commissioning or obtaining of written approval of commissioning results issued
by competent authorities for violations under Point d Clause 4 of this Article;
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
q) Mandated use of
mobilized capital for the right purposes under the agreements for violations
under Point e Clause 4 of this Article.
Article
59. Violation of regulation on provision of immovable property trading service
1. A fine ranging
from VND 40.000.000 to VND 60.000.000 shall be imposed on:
a) Providing
independent immovable property trading services without an effective real
estate license as per the law;
b) Erasing or
fabricating or otherwise altering the real estate license;
c) Leasing, lending,
borrowing, or renting real estate license in order to engage in activities
relating to immovable property trading;
d) Acting as both
the brokers and the parties executing the contract in an immovable property
trade.
2. A fine ranging
from VND 120.000.000 to VND 160.000.000 shall be imposed on:
a) Providing
immovable property trading service without establishing enterprises as per the
law or not having sufficient number of employees having effective real estate
license;
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
c) Immovable
property trading broker service providers, immovable property trading platform
service providers, or individuals engaging in independent immovable property
trading service provision which fail to fulfill reporting policies as per the
law;
d) Immovable
property trading platforms that do not have operating regulations or operate
against the regulations approved by competent authorities or operate without
name, address or change name or address without notifying the authorities;
dd) Charging
immovable property trading service fees that are not regulated by the law.
3. A fine ranging
from VND 200.000.000 to VND 250.000.000 shall be imposed on:
a) Listing
unqualified immovable properties on immovable properties trading platforms;
b) Failing to
provide truthful documents and information on the immovable properties being
brokered.
4. Additional forms
of penalties:
a) Suspension of real
estate license for 3 to 6 months for violations under Point c Clause 1 of this
Article;
b) Suspension of
operation of immovable property trading platforms for 6 to 9 months for
violations under Point a Clause 2 and Point a Clause 3 of this Article.
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
a) Mandated
acquisition of real estate license when providing independent immovable
property trading services for violations under Point a Clause 1 of this
Article;
b) Mandated
submission of fabricated, erased, or otherwise altered real estate license to
competent authorities that issue the license for violations under Point b
Clause 1 of this Article;
c) Mandated
establishment of enterprises when providing immovable property trading services
or mandated maintaining of sufficient number of employees issued with real
estate license for violations under Point a Clause 2 of this Article;
d) Mandated
production of contracts or contracts for provision of immovable property
trading services containing all basic information as per the law for violations
under Point b Clause 2 of this Article;
dd) Mandated
compliance with reporting policies for violations under Point c Clause 2 of
this Article;
e) Mandated refund
of immovable property trading fees to the payers for violations under Point dd
Clause 2 of this Article;
g) Mandated
provision of information on immovable properties for violations under Point b
Clause 3 of this Article.
Article
60. Violation of regulation on management, use, and declaration of information
regarding houses and immovable property market
1. A fine ranging
from VND 60.000.000 to VND 80.000.000 shall be imposed on:
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
b) Providing a third
party data regarding houses and immovable property market received from
competent authorities without permission of agencies managing housing and real
estate information systems;
c) Failing to
clarify, explain, and adjust information on immovable property market provided
by the offenders at request of agencies managing housing and real estate
information systems
d) Fabricating,
damaging, or losing information or data on houses and immovable property market
in the information system, national and local housing databases as per the law;
dd) Illegally
appropriating or disposing information or data on housing and immovable
property market within the information system, and national and local housing
databases;
e) Obstructing
extraction or use of information or data on housing and immovable property
market within the information system, national and local housing databases;
g) Failing to promptly
inform agencies managing the housing and real estate market information systems
about error of provided information and system.
2. Remedial
measures:
a) Mandated adequate
provision of information and data on immovable property market to agencies
managing the housing and real estate market information systems for violations
under Point a Clause 1 of this Article;
b) Mandated
clarification, explanation, and adjustment to information on immovable property
market for violations under Point c Clause 1 of this Article;
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
d) Mandated return
or restoration of information and data on housing and immovable property market
for violations under Point dd Clause 1 of this Article;
dd) Mandated
compliance with regulations on extraction and use of information and data on
housing and immovable property market for violations under Point e Clause 1 of
this Article;
e) Mandated
notification on errors of provided information and data for violations under
Point g Clause 1 of this Article.
Article
61. Violation of regulation on training for real estate brokerage and immovable
property trading platform coordination
1. A fine ranging
from VND 5.000.000 to VND 10.000.000 shall be imposed on:
a) Issuing the
incorrect form of certificate for course completion;
b) Failing to send
information of training facilities to Ministry of Construction and Department
of Construction where the head office is located in order to be uploaded on
website;
c) Failing to send
information of immovable property trading platform to Ministry of Construction
and Department of Construction where the head office is located in order to be
uploaded on website;
d) Failing to store
training dossiers or documents relating to final exams.
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
a) Failing to
organize inspection, assessment, or ranking of studying results for learners;
b) Using final exam
question sheets to issue real estate license without being approved;
c) Allowing
ineligible individuals to participate in final exams for real estate license.
3. A fine ranging
from VND 60.000.000 to VND 80.000.000 shall be imposed on:
a) Using teaching
materials not suitable for framework programs;
b) Failing to
guarantee sufficient teaching and program duration before issuing real estate
license.
4. A fine ranging
from VND 80.000.000 to VND 100.000.000 shall be imposed on:
a) Using examination
expenditure in a manner not satisfactory to regulations and law;
b) Failing to
oversee exam questions or disclosing exam questions.
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
a) Mandated
submission of information of immovable property trading platform to Ministry of
Construction and Department of Construction for violations under Point c Clause
1 of this Article;
b) Mandated storage
of training dossiers or documents relating to final exams for violations under
Point d Clause 1 of this Article;
c) Mandated approval
of exam questions and re-organization of exams if the previous exam is not up
to quality for violations under Point b Clause 2 of this Article;
d) Mandated
fulfillment of eligibility for participation in examination. If eligibility cannot
be fulfilled, the certificate must be annulled for violations under Point c
Clause 2 of this Article;
dd) Mandated use of
teaching materials suitable with framework program for violations under Point a
Clause 3 of this Article;
e) Mandated annulment
of certificates, re-organization of training and re-issuance of certificate
without charging additional fees for violations under Point b Clause 3 of this
Article.
Article
62. Violation of regulation on training for apartment building coordination
1. A fine ranging
from VND 20.000.000 to VND 40.000.000 shall be imposed on issuing the incorrect
form of certificate of completion of apartment building management and
coordination course
2. Remedial
measures: Mandated disposal of certificates that use the incorrect form and
re-issuance of certificate using the right form for violations under Clause 1
of this Article.
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
Article
63. Violation of regulation on housing development
1. A fine ranging
from VND 80.000.000 to VND 100.000.000 shall be imposed on:
a) Failing to submit
report, provide housing information in a truthful manner or in a manner
satisfactory to regulations and law or in a manner compliant with request of
competent authorities, failing to submit reports on implementation and results
of housing construction projects to competent authorities;
b) Naming or
adjusting name of housing construction projects or naming areas in the projects
in a manner not conforming to regulations or not decided by competent
authorities.
2. A fine ranging
from VND 100.000.000 to VND 120.000.000 shall be imposed on project developers
which:
a) Revise:
implementation progress, type of houses to be built, total floor area, total number
houses, percentage of buildings, or total investment of housing construction
projects utilizing public investment, non-public investment state capital, PPP
projects before competent authorities decide;
b) Fail to
prioritize commercial housing in the projects for owners of cleared houses who
wish to relocate in the project sites;
c) Fail to build
houses to facilitate relocation in the area planned for construction of houses
for employees in industrial parks or designate houses in other location for owners
of cleared houses who wish to relocate when implementing industrial park
infrastructure projects;
d) Fail to allocate
land fund to serve individuals eligible for relocation in housing construction
projects to serve relocation in rural areas;
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
e) Fail to reserve
adequate area for construction of social houses in order to lease (for social
housing construction projects not located in areas where social housing
investment and construction projects must be produced in order to lease);
g) Fail to pay
guarantee for housing transaction in accordance with regulations and law on
immovable property trading;
h) Fail to adhere to
applicable standards and regulations when designing and constructing social
houses;
i) Use housing area
and other equipment for the purposes other than those approved and accepted by
competent authorities.
3. A fine ranging
from VND 120.000.000 to VND 160.000.000 shall be imposed on project developers
who are slow to invest in social housing construction using the land fund
reserved for social housing development in commercial housing development
projects in urban areas.
4. A fine ranging
from VND 160.000.000 to VND 200.000.000 shall be imposed on project developers
who fail to invest in social housing construction using the land fund reserved
for social housing development in commercial housing development projects in
urban areas.
5. A fine ranging
from VND 260.000.000 to VND 300.000.000 shall be imposed on project developers
who do not reserve residential land area which has been invested for
construction of technical infrastructure in the projects in order to build
social houses for commercial housing investment and construction projects in
urban areas.
6. Remedial
measures:
a) Mandated
submission of reports on project execution to competent authorities for
violations under Point a Clause 1 of this Article;
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
c) Mandated
annulment of revision results for violations under Point a Clause 2 of this
Article;
d) Mandated prioritization
of commercial housing performed by project developers for violations under
Point b Clause 2 of this Article;
dd) Mandated
construction of houses to facilitate relocation for violations under Point c
Clause 2 of this Article;
e) Mandated arrangement
and allocation of land fund performed by project developers to serve production
for violations under Point d Clause 2 of this Article;
g) Mandated
construction of relocation houses and auxiliary structures (if any) in a manner
adhering to construction standards for violations under Point dd Clause 2 of
this Article if construction has not been commenced or is in progress;
h) Mandated
reservation of sufficient area for construction of social houses for violations
under Point e Clause 2 of this Article;
i) Mandated payment
of guarantee for housing transaction for violations under Point g Clause 2 of
this Article;
k) Mandated
adherence of project developers to design approved by competent authorities and
construction standards and regulations for violations under Point h Clause 2 of
this Article if construction has not been commenced or is in progress;
l) Mandated
commencement of social housing construction performed by project developers for
violations under Clause 3 of this Article within 30 days from the date on which
decisions imposing penalties for administrative violations;
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
n) Mandated
reservation of land plot by project developers to develop social houses for
violations under Clause 2 of this Article.
Article
64. Violation of regulation housing transaction management
1. A fine ranging
from VND 40.000.000 to VND 60.000.000 shall be imposed on:
a) Selling, leasing,
lease purchasing state-owned houses with inappropriate authorization, for the
incorrect buyers, or under incorrect conditions;
b) Selling, leasing,
lease purchasing social houses to the incorrect buyers;
c) Selling, leasing,
lease purchasing social houses without sufficient conditions as per the law.
2. A fine ranging
from VND 100.000.000 to VND 120.000.000 shall be imposed on:
a) Converting,
selling, subleasing without consent of the authorities when renting or rent
purchasing state-owned houses;
b) Selling,
subleasing, or lending social houses during rent, rent purchase, or sale while
renting, rent purchasing, or purchasing social houses.
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
a) A fine ranging
from VND 20.000.000 to VND 40.000.000 shall be imposed on leasing houses
without notifying housing authorities of districts in writing where the houses
are located;
b) A fine ranging
from VND 60.000.000 to VND 80.000.000 shall be imposed on paying for purchase,
lease purchase of houses via other than credit institutions legally operating
in Vietnam;
c) A fine ranging
from VND 160.000.000 to VND 200.000.000 shall be imposed on leasing houses,
turning houses into office, or using houses for purposes other than residential
purposes.
4. A fine ranging
from VND 200.000.000 to VND 260.000.000 shall be imposed project developers of
social housing investment projects who sign rent agreement for off-plan social
houses in a manner not conforming to regulations and law (unless otherwise
regulated by the law).
5. A fine ranging
from VND 260.000.000 to VND 300.000.000 shall be imposed on project developers
who:
a) Sell more houses
than the quantity allowed to be owned by foreign individuals and organizations;
b) Sell houses to
foreigners in areas where foreign organizations and individuals are not allowed
to own houses;
c) Fail to send
information on houses sold to foreign organizations and individuals (via
electronic or written form) in order to upload on website of Department of
Construction.
6. Remedial
measures:
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
b) Mandated
appropriation of social houses and refund of social house purchase, lease,
lease purchase price to the parties that purchase or rent purchase social
houses for violations under Point b and Point c Clause 1 of this Article;
c) Mandated appropriation
of state-owned houses which have been converted, sold, or subleased without
consent of the authorities for violations under Point a Clause 2 of this
Article;
d) Mandated
appropriation of social houses for violations under Point b Clause 2 of this
Article;
dd) Mandated
recollection of payments made via other than credit institutions legally
operating in Vietnam for violations under Point b Clause 3 of this Article;
e) Mandated
cancellation of lease of the leasing parties for violations under Point c
Clause 3 of this Article;
g) Mandated
appropriation of houses sold to foreign individuals, refund of all payments
paid by the buyers, and payment of damages for the buyers for violations under
Point a and Point b Clause 5 of this Article.
Section
3. VIOLATION OF REGULATION ON HOUSING MANAGEMENT AND USE
Article
65. Violation of regulation on management and use of official residence,
state-owned houses, and social houses
1. A fine ranging
from VND 80.000.000 to VND 100.000.000 shall be imposed on individuals renting,
rent purchasing state-owned houses, renting official residence who:
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
b) Use houses for
purposes other than those specified in rental agreement.
2. A fine ranging from
VND 100.000.000 to VND 120.000.000 shall be imposed on individuals renting
official residence who:
a) Fail to use
houses for residential purposes and domestic needs of themselves and their
family members during rental period;
b) Modify, renovate,
or dismantle official residence without permission;
c) Sublease or
authorize other individuals to manage official residence;
d) Fail to return
official residence to the state when no longer eligible for renting houses as
per the law.
3. Remedial
measures:
b) Mandated
restoration to original state for violations under Point a Clause 1 and Point b
Clause 2 of this Article;
b) Mandated the use
of official residence for the right purposes for violations under Point b
Clause 1 and Point a Clause 2 of this Article;
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
Article
66. Violation of regulation on management and use of villas
1. A fine ranging
from VND 250.000.000 to VND 300.000.000 shall be imposed on:
a) Altering any of
the following factors of a group 1 villa: exterior shape or architecture,
interior structure, building intensity, number of storey, or height;
b) Altering exterior
architecture of a group 2 villa.
2. Remedial
measures: Mandated restoration to original state for violations under Clause 1
of this Article.
Article
67. Violation of regulation management and use of apartment buildings of
project developers
1. A fine ranging
from VND 80.000.000 to VND 100.000.000 shall be imposed on:
a) Operating dance
bars;
b) Failing to open
accounts for maintenance expenditure of common areas in apartment buildings in
a manner conforming to regulations and law;
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
d) Failing to
adequately inform Departments of Construction where projects take place in writing
about name accounts, number of accounts, credit institutions where the accounts
are opened, and term of maintenance expenditure deposit;
dd) Failing to
produce annual maintenance plans conforming to regulations and law;
e) Failing to inform
Departments of Construction where apartment buildings are located in order to
monitor after maintenance expenditure has been transferred to the elected Board
of directors.
2. A fine ranging
from VND 160.000.000 to VND 200.000.000 shall be imposed on:
e) Miscalculating
maintenance expenditure of common areas of apartment buildings;
b) Failing to
specify accounts for maintenance expenditure of common areas of apartment
buildings in the contracts for sale, lease purchase of houses or other areas of
apartment buildings;
c) Failing to make
term deposit of maintenance expenditure for common areas of apartment buildings
at local credit institutions where sold, purchased, or lease purchased houses
are located;
d) Failing to close
accounts for maintenance expenditure after transferring all maintenance
expenditure to the elected Board of directors of apartment buildings;
d) Failing to
publicize and disclose the use of operation expenditure, maintenance
expenditure for common areas of apartment buildings;
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
g) Choosing
ineligible or incompetent entities to manage and operate apartment buildings;
h) Selling or
leasing motor vehicle parking lots in apartment buildings in a manner not
conforming to regulations and law.
3. A fine ranging
from VND 200.000.000 to VND 260.000.000 shall be imposed on project developers
who:
a) Fail to reserve
area to use as community houses in accordance with standards and regulations;
b) Manage and use
maintenance expenditure in a manner not conforming to regulations;
c) Fail to organize
first-time apartment building meeting;
d) Fail to produce settlement
record of maintenance expenditure.
4. A fine ranging
from VND 260.000.000 to VND 300.000.000 shall be imposed on:
a) Repurposing
common areas or repurposing non-residential areas in apartment buildings that
serve mixed purposes;
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
c) Failing to make
adequate deposit to accounts for maintenance expenditure of common areas for
flat area and other areas reserved by the project developers without being sold
or lease purchased by the time the apartment buildings are transferred and
brought into use;
d) Failing to
transfer apartment building dossiers in an adequate or timely manner to the
elected Boards of directors;
dd) Failing to use
maintenance expenditure.
5. Remedial
measures:
a) Mandated
operation conforming to regulations and law for violations under Point a Clause
1 of this Article;
b) Mandated opening
of maintenance expenditure of common areas of apartment buildings conforming to
regulations and law for violations under Point b Clause 1 of this Article;
c) Mandated request
for reorganization of apartment building meeting implemented by People’s
Committees of communes for violations under Point c Clause 1 of this Article;
d) Mandated submission
of documents notifying the opening of accounts for maintenance expenditure to
Departments of Construction for violations under Point d Clause 1 of this
Article;
dd) Mandated
preparation of annual maintenance plans conforming to regulations for violations
under Point dd Clause 1 of this Article;
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
g) Mandated
calculation of maintenance expenditure of common areas of apartment buildings
conforming to regulations and law for violations under Point a Clause 2 of this
Article;
h) Mandated
inclusion of details about accounts for maintenance expenditure of common areas
of apartment buildings in the contracts for violations under Point b Clause 2
of this Article;
i) Mandated submission
of maintenance expenditure of common areas of apartment buildings conforming to
regulations and law for violations under Point c Clause 2 of this Article;
k) Mandated closure
of accounts for maintenance expenditure for violations under Point d Clause 2
of this Article;
l) Mandated
disclosure of the use of operation expenditure and maintenance expenditure of
common areas of apartment buildings for violations under Point d Clause 2 of
this Article;
m) Mandated transfer
of maintenance expenditure of common areas of apartment buildings conforming to
regulations and law for violations under Point e Clause 2 of this Article;
n) Mandated
selection of eligible and competent entities for managing and operating
apartment buildings for violations under Point g Clause 2 of this Article;
o) Mandated selling,
leasing of motor vehicle parking lots in apartment buildings conforming to
regulations and law for violations under Point h Clause 2 of this Article;
p) Mandated
reservation of area serving as community houses in accordance with standards
and regulations for violations under Point a Clause 3 of this Article;
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
r) Mandated
organization of first-time apartment building meetings for violations under
Point c Clause 3 of this Article;
s) Mandated
production of settlement record of maintenance expenditure for violations under
Point d Clause 3 of this Article;
t) Mandated
restoration to original state or mandated dismantlement of structures, parts of
structures violating the law for violations under Point a Clause 4 of this
Article;
u) Mandated adoption
of calculation of flat area or areas in apartment buildings other than common
areas for violations under Point b Clause 4 of this Article;
v) Mandated adequate
deposit of maintenance expenditure of common areas of apartment buildings to
opened accounts for violations under Point c Clause 4 of this Article;
x) Mandated adequate
or timely transfer of apartment building dossiers to the elected Boards of
directors of apartment buildings for violations under Point d Clause 4 of this
Article;
y) Mandated use of
maintenance expenditure conforming to regulations and law for violations under
Point dd Clause 4 of this Article.
Article
68. Violation of regulation on management and use of apartment buildings of
entities managing and operating apartment buildings
1. A fine ranging
from VND 60.000.000 to VND 80.000.000 shall be imposed on:
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
b) Failing to submit
public reports on management and operation of apartment buildings to the
elected Boards of directors or at request of competent authorities;
c) Failing to submit
reports on management and operation at apartment building meetings; failing to
collect feedback of inhabitants about the provision of apartment building
management and operation services.
2. A fine ranging
from VND 80.000.000 to VND 100.000.000 shall be imposed on:
a) Managing and
operating apartment buildings without being eligible for doing so;
b) Lacking
professional departments specializing in management and operation of apartment
buildings;
c) Employing
individuals lacking certificate for professional training and education
regarding apartment building management and operation affairs to perform
professional work;
d) Manage and use
maintenance expenditure in a manner not conforming to regulations;
dd) Maintaining
common areas of apartment buildings as per contracts without being eligible for
doing so.
3. Remedial
measures:
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
b) Mandated
submission of public reports on management and operation of apartment buildings
to the elected Boards of directors or at request of competent authorities for
violations under Point b Clause 1 of this Article;
c) Mandated
submission of reports on management and operation at apartment building
meetings or mandated collection of feedback of inhabitants regarding provision
of apartment building management and operation services for violations under
Point c Clause 1 of this Article;
d) Mandated
fulfillment of apartment building management and operation eligibility for violations
under Point a Clause 2 of this Article;
dd) Mandated
adequate organization of professional departments specializing in management
and operation of apartment buildings for violations under Point b Clause 2 of
this Article;
e) Mandated
employment of individuals licensed with certificate for professional training
and education regarding apartment building management and operation for
violations under Point c Clause 2 of this Article;
g) Mandated
management and use of maintenance expenditure of apartment buildings conforming
to regulations and law for violations under Point d Clause 2 of this Article;
h) Mandated
assurance of maintenance capability when maintaining common areas of apartment
buildings for violations under Point dd Clause 2 of this Article.
Article
69. Violation of regulation on management and use of apartment buildings of
elected Boards of directors of apartment buildings
1. A fine ranging
from VND 60.000.000 to VND 80.000.000 shall be imposed on:
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
b) Failing to
request Chairpersons of People’s Committees of districts to request project
developers to transfer dossiers when the project developers fail to transfer
apartment building dossiers in a manner conforming to regulations and law;
c) Failing to
request project developers in writing to transfer maintenance expenditure;
d) Failing to
request People’s Committees of provinces where apartment buildings are located
in writing to enforce transfer of maintenance expenditure for common areas by
project developers;
dd) Receiving the
transfer of maintenance expenditure of common areas of apartment buildings
without the settlement record of maintenance expenditure;
e) Failing to
re-transfer dossiers, records, and instruments under their management to the
new elected Boards of directors.
2. A fine ranging
from VND 100.000.000 to VND 120.000.000 shall be imposed on:
a) Managing or using
maintenance expenditure of common areas in a manner not conforming to
regulations and law;
b) Repurposing
common areas without permission;
c) Deciding on
apartment building management and operation service fees without consulting
apartment building meetings;
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
dd) Failing to
adhere to operation regulations or financial regulations approved by apartment
building meetings;
e) Failing to open
accounts to receive maintenance expenditure of common areas of apartment
buildings;
g) Failing to openly
post expenses made from the maintenance expenditure for common areas of
apartment buildings on notice boards of apartment buildings;
h) Failing to
produce annual maintenance plans which contain adequate details.
3. Remedial
measures:
a) Mandated request
for project developers' transferring of apartment building dossiers for
violations under Point a Clause 1 of this Article;
b) Mandated request
for People’s Committees of districts’ requesting for project developers'
transfer of apartment building dossiers for violations under Point b Clause 1
of this Article;
c) Mandated request
for project developers’ transfer of maintenance expenditure for violations
under Point c Clause 1 of this Article;
d) Mandated request for
enforcement of project developers' transfer of maintenance expenditure for
common areas of apartment buildings carried out by People’s Committees of
districts where apartment buildings are located for violations under Point d
Clause 1 of this Article;
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
e) Mandated transfer
of dossiers, documents, and instruments under their instrument to new elected
Boards of directors for violations under Point e Clause 1 of this Article;
g) Mandated
management and use of maintenance expenditure of common areas of apartment
buildings conforming to regulations and law for violations under Point a Clause
2 of this Article;
h) Mandated the use
of common areas of apartment buildings for the right purposes and functions for
violations under Point b Clause 2 of this Article;
i) Mandated
annulment of regulations on apartment building management and operation service
fees and organization of apartment building meetings to approve new management
and operation service fees for violations under Point c Clause 2 of this
Article;
k) Mandated
production of reports on revenue and expenditure at next apartment building
meetings for violations under Point d Clause 2 of this Article;
l) Mandated
compliance with operation regulation or financial regulations approved by
apartment building meetings for violations under Point dd Clause 2 of this
Article;
m) Mandated opening
of accounts to receive maintenance expenditure of common areas of apartment
buildings conforming to regulations and law for violations under Point e Clause
2 of this Article;
n) Mandated public
posting of expenses made from the maintenance expenditure for common areas of
apartment buildings on notice boards of apartment buildings for violations
under Point g Clause 2 of this Article;
o) Mandated
preparation of annual maintenance plans conforming to regulations for violations
under Point h Clause 2 of this Article.
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
1. A fine ranging
from VND 20.000.000 to VND 40.000.000 shall be imposed on:
a) Soaking or
leaking water to apartment buildings that are not under their ownership,
management, or use;
b) Using paint or
decorating the exterior of the flats or apartment buildings in a manner
conforming to regulations on design and architecture;
c) Selling hazardous,
explosive commodities, providing repair services for motorized vehicles, or
cattle slaughtering services;
d) Operating
restaurants, karaoke venues, or bars in commercial sections of apartment
buildings without satisfying soundproofing or fire safety requirements;
dd) Running business
activities in areas not reserved for business activities of apartment
buildings;
e) Using flats for
purposes other than residential purpose.
2. A fine ranging
from VND 60.000.000 to VND 80.000.000 shall be imposed on:
a) Illegally
appropriating housing area; occupying surrounding space, occupying common areas
or individual areas of other owners in any shape or form;
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
c) Using areas and
equipment intended for common use for individual purposes;
d) Using common
areas or service areas for the wrong purposes in mixed-use apartment buildings.
3. Remedial
measures:
a) Mandated
restoration to original state for violations under Point a, Point b Clause 1,
Point a, Point b Clause 2 of this Article;
b) Mandated
relocation of hazardous, explosive commodities out of residential areas or
mandated suspension of repair services for motorized vehicles or suspension of
cattle slaughtering services in apartment buildings for violations under Point
c Clause 1 of this Article;
c) Mandated
fulfillment of soundproofing and fire safety regulations for violations under
Point d Clause 1 of this Article;
d) Mandated the use of
apartment flats for residential purposes for violations under Point e Clause 1
of this Article;
dd) Mandated return
of areas and equipment intended for common use for violations under Point c
Clause 2 of this Article;
e) Mandated the
correct use of common areas or service areas in mixed-use apartment buildings
for violations under Point d Clause 2 of this Article.
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
1. A fine ranging
from VND 40.000.000 to VND 60.000.000 shall be imposed on failing to adequately
produce or store housing dossiers when building houses for lease.
2. Remedial
measures: Mandated adequate preparation and storage of housing dossiers for
violations under Clause 1 of this Article.
Chapter
VI
ENTITLEMENT
TO PRODUCE OFFENCE NOTICE AND IMPOSE PENALTIES FOR ADMINISTRATIVE VIOLATIONS
Article
72. Entitlement to produce record of administrative violation
Competent
individuals entitled to produce offence notice of administrative violations for
violations mentioned under this Decree include:
1. Competent
individuals mentioned under Articles 73, 74, 75, 76, 78, 79, and 80 hereof.
2. Public officials
affiliated to People’s Committees of all levels assigned to inspect and
discover administrative violations in construction specified under this Decree.
3. Public officials,
officials, and inspectors affiliated to government construction inspectorate
assigned to conduct independent inspection or specialized inspection or
inspection in form of inspectorate.
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
5. Competent
individuals entitled to impose penalties under Article 77 hereof are entitled
to produce offence notice for administrative violations under Article 6 hereof.
Article
73. Entitlement to impose penalties of construction inspectors (or transport -
construction inspectors)
1. Issue a warning.
2. Impose a fine up
to VND 1.000.000.
3. Confiscate
exhibits and instrument of administrative violations whose value does not
exceed VND 2.000.000.
4. Adopt remedial
measures specified in Point a and Point b Clause 4 Article 4 hereof.
Article
74. Entitlement to impose penalties of heads of specialized inspectorate
1. Heads of
specialized inspectorate of Inspectorates of Department of Construction (or
Inspectorates of Department of Transport - Construction) are entitled to:
a) Impose a warning;
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
c) Suspend the
license, certificate temporarily or suspend operation temporarily;
d) Confiscate
exhibits and instrument of administrative violations whose value does not
exceed VND 200.000.000;
dd) Adopt
rectification measures specified in Clause 4 Article 4 of this Decree.
2. Heads of
specialized inspectorate of Inspectorates of Ministry of Construction are
entitled to:
a) Impose a warning;
b) Impose a fine of up
to VND 500.000.000 for construction, immovable property trading; up to VND
210.000.000 for production of construction materials, management of technical
infrastructure, and housing management and development;
c) Suspend the
license, certificate temporarily or suspend operation temporarily;
d) Confiscate
exhibits or instrument of administrative violations whose value does not exceed
VND 1.000.000.000 for construction, immovable property trading; up to VND
420.000.000 for production of construction materials, management of technical
infrastructure, and housing development and management;
dd) Adopt
rectification measures specified in Clause 4 Article 4 of this Decree.
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
1. Issue a warning.
2. Impose a fine up
to VND 100.000.000.
3. Suspend the
license, certificate temporarily or suspend operation temporarily.
4. Confiscate exhibits
and instrument of administrative violations whose value does not exceed VND
200.000.000.
5. Adopt
rectification measures specified in Clause 4 Article 4 of this Decree.
Article
76. Entitlement to impose penalties of Chief inspector of Ministry of
Construction
1. Issue a warning.
2. Impose a fine:
a) Up to VND
300.000.000 for production of construction materials, management of technical
infrastructure, and housing management and development;
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
3. Suspend the
license, certificate temporarily or suspend operation temporarily.
4. Confiscate
exhibits and instruments of administrative violations.
5. Adopt remedial
measures specified in Clause 4 Article 4 hereof.
Article
77. Entitlement to impose penalties of the People’s Public Security
Competent
individuals entitled to impose penalties affiliated to the People’s Public
Security are entitled to impose penalties for violations under Article 6 hereof
in accordance with the Decree imposing penalties for administrative violations
in security, social order and safety.
Article
78. Entitlement to impose penalties of Chairpersons of People’s Committees of
communes
1. Issue a warning.
2. Impose a fine up
to VND 10.000.000.
3. Confiscate
exhibits and instrument of administrative violations whose value does not
exceed VND 20.000.000.
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
Article
79. Entitlement to impose penalties of Chairpersons of People’s Committees of
districts
1. Issue a warning.
2. Impose a fine up
to VND 200.000.000.
3. Suspend the
license, certificate temporarily or suspend operation temporarily.
4. Confiscate exhibits
and instruments of administrative violations.
5. Adopt remedial
measures specified in Clause 4 Article 4 hereof.
Article
80. Entitlement to impose penalties of Chairpersons of People’s Committees of
provinces
1. Issue a warning.
2. Impose a fine:
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
b) Up to VND
1.000.000.000 for construction and immovable property trading.
3. Suspend the
license, certificate temporarily or suspend operation temporarily.
4. Confiscate
exhibits and instruments of administrative violations.
5. Adopt remedial
measures specified in Clause 4 Article 4 hereof.
Chapter
VII
IMPLEMENTATION
SOLUTIONS
Article
81. Procedures for implementing Clause 16 Article 16 hereof
If violations under
Clause 4, Clause 6, Clause 7, and Clause 8 Article 16 hereof fall under cases
eligible for issuance of construction permit or revision of construction permit
or revision of construction design during construction process:
1. Competent
individuals are responsible for producing offence notice and requesting
offending organizations and individuals to cease all construction work. Within
90 days for construction investment projects and 30 days for detached houses
from the date on which decisions imposing penalties for administrative
violations are issued, offending organizations and individuals must submit
application for issuance of construction permit or revised construction permit
or revised construction design and obtain construction permit or revised
construction permit or construction design.
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
Competent
authorities are responsible for issuing construction permit or revised
construction permit, construction agencies are responsible for inspecting
revised construction design in accordance with regulations and law.
2. If offending
organizations and individuals fail to present construction permit or revised
construction permit or revised construction design which has been approved,
competent individuals entitled to impose penalties shall request the offending
organizations and individuals in writing to dismantle construction or parts of
construction involved in the violation.
Within 15 days from
the date on which the written request is sent (based on postal stamp) or from
the date on which delivery record is produced, offending organizations and
individuals are responsible for dismantling structures or parts of structures
involved in the violations.
3. Within 5 days
from the date on which offending organizations and individuals present
construction permit or revised construction permit or revised construction
design which has been approved, competent individuals entitled to impose
penalties are responsible for inspecting conditions of the construction,
producing record of conformity of construction conditions with construction
permit or revised construction permit or revised construction design which has
been approved.
4. Offending
organizations and individuals shall only be allowed to proceed with
construction work if inspection record verifies conformity of the construction
with construction permit or revised construction permit or revised construction
design which has been approved.
If the construction
does not match with the conditions specified in construction permit or revised
construction permit or revised construction design which has been approved,
within 15 days from the date on which the record of inspection and verification
of construction conditions is produced, offending organizations and individuals
must dismantle the constructions or parts of the constructions that do not
match with construction permit or revised construction permit or revised
construction design which has been approved.
5. If offending
organizations and individuals proceed with construction work during the period
in which they are applying for construction permit or revised construction
permit or revised construction design, they shall be met with actions in
accordance with Clause 13 Article 16 hereof.
Organizations and
individuals that fail to dismantle in accordance with Clause 2 and Clause 4 of
this Article shall be enforced to do so in accordance with regulations on
imposing penalties for administrative violations.
Article
82. Responsibilities of competent individuals entitled to impose penalties for
administrative violations in cases where houses, fabricated or otherwise
altered license must be recalled
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
Chapter
VIII
IMPLEMENTATION
Section
1. TRANSITION CLAUSES
Article
83. With respect to administrative violations in construction taking place
before the effective date hereof, adopt regulations and law on imposing
penalties for administrative violations as follows:
1. If administrative
violations have concluded but offence notice has not been produced, impose
penalties in accordance with regulations and law applicable at the time in
which the violations conclude.
2. If decisions
imposing penalties for administrative violations have not been fully
implemented, continue to conform to decisions imposing penalties for
administrative violations or decisions on enforcement.
Article
84. Starting from the effective date hereof, regulations under Clause 2, Clause
3, Clause 4, Clause 5 Article 79 of Decree No. 139/2017/ND-CP shall be
implemented as follows:
1. Failing to adhere
to construction permit; failing to obtain construction permit for cases that
require construction permit; failing to adhere to approved design, approved
planning, or approved urban planning in cases where construction permit is
exempted shall also be met with mandated refund of illegal revenues in
accordance with Clause 9 Article 13, Decree No. 121/2013/ND-CP in addition to
penalties for administrative violations if all of the following conditions are
met:
a) The violations
occurred during the interval between January 4, 2008 and ended before January
15, 2018 but were only discovered by competent individuals after January 15,
2018 or were discovered before January 15, 2018 and one of the following
documents was issued: notice of administrative offence, decision on imposing
penalties for administrative violations, or decision on adoption of remedial
measures;
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
c) Adjacent
structures are not affected;
d) No dispute is
present;
dd) Construction
does not occur on land under legal ownership;
e) Conform to
construction planning approved by competent authorities.
2. With respect to
violations that meet conditions under Point a, Point b, Point c, Point d, and
Point dd Clause 1 without meeting conditions under Point e Clause 1 of this
Article:
If the violations
were discovered by competent individuals before January 15, 2018 who have
produced offence notice, issued decision imposing penalties for administrative
violations, decision adopting mandated refund of illegal revenues and the
offending organizations and individuals have not paid the fine (if any) and
illegal revenues by January 15, 2018, competent individuals entitled to impose
penalties shall issue decision adopting mandated dismantlement of
constructions, parts of constructions involved in the violation for violations
under Point d Clause 11 Article 15 of Decree No. 139/2017/ND-CP as a substitute
for mandated refund of illegal revenues.
3. The illegal
revenues to be paid by offending organizations and individuals under Clause 1
of this Article are determined as follows:
a) If the
construction serves business purposes: the illegal revenues shall equal total m2
of illegally built floor area multiplied by unit price of 1 m2
according to sale or transfer contracts without being lower than investment of
the same construction class issued by competent authorities multiplied by 50%;
b) If the
construction does not serve business purposes: the illegal revenues shall equal
total m2 of illegally built floor area multiplied by unit price of 1
m2 according to approved estimates without being lower than
investment of the same construction class issued by competent authorities
multiplied by 50%;
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
d) Competent
individuals entitled to impose penalties for administrative violations shall
adopt investment value at the time of issuing decisions imposing penalties for
administrative violations and be responsible for determining illegal revenues
under Point a, Point b, and Point c of this Clause.
4. Mandated refund
of illegal revenues calculated based on value percentage of sections built
illegally or without permit shall not be adopted for detached houses.
5. Once offending
organizations and individuals have paid fine for administrative violations and
the illegal revenues and quality control results are issued, competent
regulatory authorities are responsible for providing remarks regarding planning
- architecture, issuing construction permit, revising construction permit, or
revising construction design.
In addition to
documents required by the law, the application for issuance of construction
permit, revision of construction permit, or revision of construction design
must include documents verifying complete payment of fine and illegal revenues
(if any).
Once offending
organizations and individuals fulfill all abovementioned procedures, competent
authorities shall consider and issue certificate of ownership of buildings,
construction as per the law.
Section
2. IMPLEMENTATION
Article
85. Entry into force
1. This Decree comes
into force from the day of signing.
2. This Decree
replaces Decree No. 139/2017/ND-CP dated November 27, 2017 of the Government
and Decree No. 21/2020/ND-CP dated February 17, 2020 of the Government on
amendment to Decree No. 139/2017/ND-CP dated November 27, 2018 of the
Government.
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
Article
86. Responsibilities for implementation
Ministers, heads of ministerial
agencies, heads of Governmental agencies, Chairpersons of People’s Committees
of provinces and central-affiliated cities and relevant agencies are
responsible for the implementation of this Decree.
PP. GOVERNMENT
ACTING PRIME MINISTER
DEPUTY PRIME MINISTER
Le Van Thanh