How are violations of construction order regulations punished?

According to Article 16 of Decree 16/2022/ND-CP, violations of construction order regulations may be subject to administrative penalties with the following levels:

(1) Penalties for organizing construction without covering or covering but allowing construction materials to fall onto surrounding areas or leaving construction materials in the wrong place are as follows:

- Fine from 3,000,000 VND to 5,000,000 VND for construction of individual houses or other construction works;

- A fine of VND 15,000,000 to VND 20,000,000 shall be imposed on construction works requiring a feasibility study report on construction investment or works requiring a technical-economic report on construction investment.

(2) Penalties for not publicly disclosing construction permits at the construction site during the construction process are as follows:

- Fine from 5,000,000 VND to 10,000,000 VND for construction of individual houses;

- A fine from VND 10,000,000 to VND 20,000,000 for building individual houses in conservation areas, historical - cultural relic areas or other construction works;

- A fine of VND 20,000,000 to VND 30,000,000 shall be imposed on construction works requiring a construction investment feasibility study report or works requiring a construction investment economic-technical report.

(3) Penalties for failure to carry out procedures to adjust or extend construction permits are as follows:

- Fine from 15,000,000 VND to 20,000,000 VND for construction of individual houses;

- A fine of VND 25,000,000 to VND 30,000,000 for building individual houses in conservation areas, historical - cultural relic sites or other construction works;

- A fine of 60,000,000 VND to 80,000,000 VND for construction works requiring a construction investment feasibility study report or works requiring a construction investment economic-technical report.

(4) Penalties for acts of organizing construction of works that are not in accordance with the content of the granted construction permit in cases of granting permits for repair, renovation, relocation of works and construction permits with a term as follows:

- Fine from 15,000,000 VND to 20,000,000 VND for construction of individual houses;

- A fine of VND 25,000,000 to VND 30,000,000 for building individual houses in conservation areas, historical - cultural relic sites or other construction works;

- A fine of 70,000,000 VND to 90,000,000 VND for construction works requiring a construction investment feasibility study report or works requiring a construction investment economic-technical report.

(5) Penalties for acts of organizing construction works that violate regulations on construction quality management, causing subsidence, cracking or damage to technical infrastructure works, neighboring works, or causing collapse or risk of collapse of neighboring works but not causing damage to the health or life of others are as follows:

- Fine from 30,000,000 VND to 40,000,000 VND for construction of individual houses;

- A fine of VND 50,000,000 to VND 60,000,000 for building individual houses in conservation areas, historical - cultural relic sites or other construction works;

- A fine of VND 80,000,000 to VND 100,000,000 shall be imposed on construction works requiring a construction investment feasibility study report or construction works requiring a construction investment economic-technical report.

(6) Penalties for organizing construction of works that are not in accordance with the content of the granted construction permit in the case of granting a new construction permit are as follows:

- Fine from 30,000,000 VND to 40,000,000 VND for construction of individual houses;

- A fine of 50,000,000 VND to 70,000,000 VND for building individual houses in conservation areas, historical - cultural relic areas or other construction works;

- A fine of VND 100,000,000 to VND 120,000,000 shall be imposed on construction works requiring a construction investment feasibility study report or construction works requiring a construction investment economic-technical report.

(7) Penalties for the act of organizing construction of a project without a construction permit when a construction permit is required by regulations are as follows:

- Fine from 60,000,000 VND to 80,000,000 VND for construction of individual houses;

- A fine of VND 80,000,000 to VND 100,000,000 for building individual houses in conservation areas, historical - cultural relic sites or other construction works;

- A fine of VND 120,000,000 to VND 140,000,000 shall be imposed on construction works requiring a construction investment feasibility study report or works requiring a construction investment economic-technical report.

(8) A fine of VND 80,000,000 to VND 100,000,000 shall be imposed for the act of constructing a work that is not in accordance with the approved construction design in cases where a construction permit is exempted.

(9) Penalties for construction not in accordance with approved construction planning and urban planning are as follows:

- Fine from 80,000,000 VND to 100,000,000 VND for construction of individual houses;

- A fine from VND 100,000,000 to VND 120,000,000 for building individual houses in conservation areas, historical - cultural relic areas or other construction works;

- A fine of VND 160,000,000 to VND 180,000,000 shall be imposed on construction works requiring a construction investment feasibility study report or construction works requiring a construction investment economic-technical report.

(10) Penalties for acts of construction, expansion, encroachment on areas, encroachment on spaces that are legally managed and used by other organizations, individuals, or public areas, common use areas are as follows:

- Fine from 80,000,000 VND to 100,000,000 VND for construction of individual houses;

- A fine from VND 100,000,000 to VND 120,000,000 for building individual houses in conservation areas, historical - cultural relic areas or other construction works;

- A fine of VND 180,000,000 to VND 200,000,000 shall be imposed on construction works requiring a construction investment feasibility study report or works requiring a construction investment economic-technical report.

(11) For construction works on land not used for the right purpose according to the provisions of the land law, penalties shall be imposed according to the provisions of the Government's decree on administrative penalties for violations in the land sector.

(12) Penalties for continuing to commit an administrative violation after a record of the administrative violation has been made (before the decision on penalty is issued) even though the competent person has requested to stop the violation for administrative violations specified in (4), (6), (7), (8), (9) and (10) of this section, the specific penalties are as follows:

- Fine from 100,000,000 VND to 120,000,000 VND for construction of individual houses;

- A fine of VND 120,000,000 to VND 140,000,000 for building individual houses in conservation areas, historical - cultural relic areas or other construction works;

- A fine of VND 400,000,000 to VND 500,000,000 shall be imposed on construction works requiring a construction investment feasibility study report or works requiring a construction investment economic-technical report.

(13.) Penalties for acts that have been administratively sanctioned according to the provisions in (4), (6), (7), (8), (9) and (10) of this section and are re-offended but not subject to criminal prosecution are as follows:

- Fine from 120,000,000 VND to 140,000,000 VND for construction of individual houses;

- A fine from VND 140,000,000 to VND 160,000,000 for building individual houses in conservation areas, historical - cultural relic areas or other construction works;

- A fine of VND 950,000,000 to VND 1,000,000,000 for construction works requiring a construction investment feasibility study report or works requiring a construction investment economic-technical report.

(14) Additional penalties:

- Revoke the right to use the construction permit from 03 months to 06 months (if any) for the acts specified in Point a, Clause 12 and Point a, Clause 13, Article 16 of Decree 16/2022/ND-CP;

- Revoke the right to use the construction permit from 06 months to 09 months (if any) for the acts specified in Point b, Clause 12 and Point b, Clause 13, Article 16 of Decree 16/2022/ND-CP;

- Revoke the right to use the construction permit from 09 months to 12 months (if any) for the acts specified in Point c, Clause 12, Point c, Clause 13, Article 16 of Decree 16/2022/ND-CP;

- Confiscate exhibits and means of administrative violation for the acts specified in Clause 12 and Clause 13, Article 16 of Decree 16/2022/ND-CP.

(15) Remedial measures:

- Forced to cover according to regulations and remedy environmental pollution (if any) with the acts specified in (1) of this section;

- Compel the implementation of procedures to adjust or extend the construction permit or compel the public disclosure of the construction permit as prescribed for the acts specified in (2) and (3) of this section;

- Forced demolition of construction works or parts of construction works that violate the provisions of (4), (6), (7), (8) (where the violation has ended), (9), (10), (12), (13) of this section.

(16) For the acts specified in (4), (6), (7) and (8) of this section while under construction, in addition to being fined according to regulations, the order and procedures specified in Article 81 of Decree 16/2022/ND-CP must also be followed.

(17) In case of construction not in accordance with the granted construction permit but not in the case of having to adjust the construction permit according to the provisions of the Construction Law, it is not considered an act of construction not in accordance with the content of the granted construction permit.

* Note: The above fine applies to violating organizations. If an individual commits a similar violation, the fine is half the fine for an organization. (According to Point c, Clause 3, Article 4, Decree 16/2022/ND-CP)