Cases of illegal construction that are not demolished

1. Schools that must demolish construction works

According to Clause 1, Article 118 of the 2014 Construction Law (amended in 2020), demolition of construction works is carried out in the following cases:

- To clear land for construction of new or temporary works;

- Construction works at risk of collapse affecting the community and neighboring works; construction works that must be urgently demolished to promptly prevent, combat, and overcome the consequences of natural disasters, catastrophes, epidemics, and urgent tasks to ensure national defense, security, and foreign affairs according to decisions of competent state agencies;

- Construction works in areas prohibited from construction as prescribed in Clause 3, Article 12 of the 2014 Construction Law;

- Construction works that are not in accordance with construction planning, construction works that do not have a construction permit for works that are required to have a permit, or construction works that are not in accordance with the contents specified in the construction permit;

- Construction works encroaching on public land, land under the legal use rights of organizations and individuals; construction works that are inconsistent with approved construction designs in cases exempted from construction permits;

- Individual houses need to be demolished for new construction.

2. Cases of illegal construction that are not demolished

Pursuant to Clause 1, Article 84 of Decree 16/2022/ND-CP, cases of unlicensed or illegal construction that are granted a construction permit or have their construction permit adjusted after the investor has completed paying the fine will not be demolished, including:

3. Illegal profits must be paid for illegal construction works

Illegal profits from individuals and organizations committing acts specified in item 2 payable is determined as follows:

- In case of construction for business purposes: the illegal profit is the total m2 of illegal construction floor multiplied by the unit price of 1 m2 according to the signed sale and transfer contract, but must not be lower than the investment capital rate for the same type and level of construction issued by the competent authority, multiplied by 50%;

- In case of construction of works not for business purposes: the illegal profit is the total m2 of illegal construction floor multiplied by the cost of 1 m2 of construction floor according to the approved estimate but not lower than the investment capital rate for the same type and level of construction issued by the competent authority, multiplied by 50%;

- In case there is no signed sales or transfer contract or approved estimate: the illegal profit is determined as the total m2 of illegal construction floor multiplied by the investment capital rate for the same type and level of construction issued by the competent authority, multiplied by 50%;

- The person with authority to sanction administrative violations shall apply the investment capital rate at the time of issuing the decision to sanction administrative violations and shall be responsible for determining the amount of illegal profits to be paid according to the above provisions.

Note: Do not apply the measure of forcing the return of illegal profits calculated according to the value ratio of the illegal construction part in the case of construction of individual houses.

(Clause 3, Article 84, Decree 16/2022/ND-CP)