Nowadays, land is a matter of great concern to many people. In big cities, houses and constructions are being sprouted more and more. So about the matter “What is illegal construction in Vietnam?” Let’s find out with LSX in the article below.
Legal grounds
- Construction Law 2014
- Decree 16/2022/ND-CP
What is illegal construction in Vietnam?
The construction law does not regulate or explain what illegal construction is. However, this is a common way of people to refer to organizations and individuals when the construction is not in accordance with the construction permit granted to the individual or organization by the district or provincial People’s Committee.
A construction permit is a document certified by a state agency that allows individuals or organizations to build houses, works and other properties on land according to their wishes within the land parcel.
In particular, the Construction Permit stipulates the contents to be licensed such as: Location, location of work construction, work construction route, Type and grade of work, Work construction core, Red line boundaries, indications world, environmental protection and construction safety.
Other contents specified for each type of work, Validity of permits.
Permit applicants comply with construction in accordance with state-issued construction permits. However, in case individuals and organizations do not comply with permits and build illegally, they will be sanctioned according to the provisions of law.
An illegal builder is a house that has some construction details that do not match the information on the construction permit that has been licensed by the state.
Violation details include:
• Construction area, construction status,
• Building height, construction boundary, number of floors,
• Safety: columns, foundations, building materials…
The part consistent with the construction permit is recognized by the state,
The construction part that is not suitable is not recognized by the state.
How to penalize illegal construction?
Pursuant to Article 16 of Decree 16/2022/ND-CP, which regulates the level of fines for violations against regulations on construction order, there are regulations on penalties for building houses without permits. Specifically, illegal construction activities are regulated as follows:
Penalty level for building a house without a construction permit for the case of granting a permit to repair, renovate or relocate the work
Penalties for building a house without a construction permit for the case of granting a permit to repair, renovate or relocate the work and a construction permit with a definite term.
Pursuant to the provisions of Clause 4, Article 16 on violations of regulations on construction order in Decree 16/2022/ND-CP, illegal construction will be penalized as follows:
4. Sanctions for acts of organizing the construction of works against the contents of the granted construction permit, for the case of granting a permit to repair, renovate or relocate the work and a construction permit with a definite term as follows: after:
a) A fine ranging from VND 15,000,000 to VND 20,000,000 shall be imposed for building separate houses;
b) A fine ranging from VND 25,000,000 to VND 30,000,000 shall be imposed for building separate houses in conservation zones, historical-cultural relics or other construction works;
c) A fine ranging from VND 70,000,000 to VND 90,000,000 shall be imposed for construction of works requiring construction investment feasibility study reports or construction investment economic – technical reports.
Penalty level for act of building a house without a construction permit in the case of a new construction permit
It is specified in Clause 6 as follows:
6. Penalties for acts of organizing the construction of works against the contents of the granted construction permit in the case of issuance of a new construction permit as follows:
a) A fine ranging from VND 30,000,000 to VND 40,000,000 shall be imposed for building separate houses;
b) A fine ranging from VND 50,000,000 to VND 70,000,000 shall be imposed for building separate houses in conservation zones, historical-cultural relics or other construction works;
c) A fine ranging from VND 100,000,000 to VND 120,000,000 shall be imposed for construction of works requiring construction investment feasibility study reports or construction investment economic-technical reports. build.
Sanctions for acts of construction in contravention of construction and urban planning
9. Penalties for acts of construction in contravention of the approved construction plannings or urban plannings are as follows:
a) A fine ranging from VND 80,000,000 to VND 100,000,000 shall be imposed for building separate houses;
b) A fine ranging from VND 100,000,000 to VND 120,000,000 shall be imposed for building separate houses in conservation zones, historical-cultural relics or other construction works;
c) A fine ranging from VND 160,000,000 to VND 180,000,000 shall be imposed for construction of works requiring construction investment feasibility study reports or works requiring construction investment economic – technical reports.
In addition to fines for violations in money, in the above cases, the remedial measure will also be applied, which is forcible dismantling of the violated works or parts of construction works according to the provisions of Point c, Clause 15, Article 16 of Decree No. 16/2022/ND-CP as follows:
c) Forcible demolition of works or construction works in violation with the acts specified in Clause 4, Clause 6, Clause 7, Clause 8 (with which the violation has ended), Clause 9, Clause 10, Clause 12, Clause 13 of this Article.
Clause 16 of this Decree also provides:
If the acts specified in Clauses 4, 6, 7 and 8 of this Article are under construction, in addition to being fined as prescribed, they must also comply with the order and procedures specified in Article 81 this decree.”
What is the difference between an unauthorized builder and an no permitted builder?
- An authorized builder
+ Having a building permit
+ The state recognizes the construction part in accordance with the construction permit, and the construction part is not licensed because it is not recognized + It is possible to complete the construction: if the status quo is returned to the correct construction permit.
+ May be forced by the state to remove part of the house that is not built within the scope of the permit
+ If it is planned: in addition to compensation for land value, the state will compensate for the part of the house built with the right license when recovering and clearing the ground, the wrong part is not compensated.
- A no permitted builder
+ The whole construction part is not recognized by the state
+ Construction cannot be completed.
+ Can be forced by the state to completely remove the house.
+ If it is planned: the state only compensates the land value, the illegally built part is completely dem
+ No building permit polished without compensation.
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Please see more
- What cases do not need to apply for a construction permit according to the provisions of Vietnamese law?
- Management of individual houses in Vietnam construction investment projects
- Dispute on a contract of capital contribution to the construction of housing projects in Vietnam
Frequently asked questions
The construction law does not stipulate or explain what is no permitted construction; This is a common way people call the following violations:
Unlicensed construction is an act of an organization or individual when starting construction without a construction permit issued by a competent state agency, unless otherwise exempted.
Penalties for failure to carry out procedures for adjustment and extension of construction permits are as follows:
a) A fine ranging from VND 15,000,000 to VND 20,000,000 shall be imposed for building separate houses;
b) A fine ranging from VND 25,000,000 to VND 30,000,000 shall be imposed for building separate houses in conservation zones, historical-cultural relics or other construction works;
c) A fine ranging from VND 60,000,000 to VND 80,000,000 shall be imposed for construction of works requiring construction investment feasibility study reports or works requiring construction investment economic-technical reports.
Penalties for failure to disclose construction permits at the construction site during the construction process are as follows:
a) A fine ranging from VND 5,000,000 to VND 10,000,000 shall be imposed for building separate houses;
b) A fine ranging from VND 10,000,000 to VND 20,000,000 shall be imposed for building separate houses in conservation zones, historical-cultural relics or other construction works;
c) A fine ranging from VND 20,000,000 to VND 30,000,000 shall be imposed for construction of works requiring construction investment feasibility study reports or works requiring construction investment economic-technical reports.
Conclusion: So the above is What is illegal construction in Vietnam?. Hopefully with this article can help you in life, please always follow and read our good articles on the website: lsxlawfirm.com
