Clubs · Dec 15, 2024 · 3 min read
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Clubs · Dec 15, 2024 · 3 min read
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This article provides detailed information on regulations and penalties for construction without a permit. Understanding these legal regulations will help you avoid unnecessary violations and protect your rights in the construction sector. The article will indicate the necessary penalties and remedies when violations occur.
The level of administrative penalties for violations of regulations on illegal construction, illegal construction, and construction without a construction permit is specified in Article 15 of Decree No. 139/2017/ND-CP as follows:
1. In case of construction with incorrect content on the construction permit for repair or renovation:
For individual houses in urban areas: Fine from 3 million VND to 5 million VND.
+ For construction projects requiring the preparation of economic-technical reports or investment projects: Fine from 20 million VND to 30 million VND.
+ For individual houses in cultural-historical relic areas, conservation areas, or other construction works not falling into the above 2 cases: The fine is from 5 million VND to 10 million VND.
2. In case of construction with incorrect content on the permit for new construction:
+ For individual houses in urban areas: Fine from 10 million VND to 20 million VND.
+ For construction projects requiring the preparation of economic-technical reports or investment projects: Fines from 30 million VND to 50 million VND.
+ For individual houses in cultural-historical relics, conservation areas, or other construction works not falling into the above two cases: The fine is from 20 million VND to 30 million VND.
3. In case of construction without a construction permit:
+ For individual houses in urban areas: Fine from 20 million VND to 30 million VND.
+ For construction projects requiring the preparation of economic-technical reports or investment projects: Fines from 30 million VND to 50 million VND.
+ For individual houses in cultural-historical relics, conservation areas, or other construction works not falling into the above two cases: The fine is from 10 million VND to 20 million VND.
4. For construction works exempted from construction permit:
Fines from 40 million to 50 million VND will be imposed if construction does not comply with the design that has been assessed and approved by a competent authority.
- The investor may also be fined from 50 million VND to 60 million VND if he/she violates one of the following cases:
+ Construction work is not on the right level.
+ Construction works violate construction boundaries.
+ Construction of works contrary to the planning approved by competent authorities.
+ Encroaching or expanding an area or space that affects individuals, organizations that are using or managing it, or affects public areas or common living areas.
+ Encroaching on the protection corridor of irrigation works, dykes, national defense and security works, traffic safety corridors, or deliberately constructing in places warned of the risk of landslides and flash floods.
- In cases where the owner has been penalized for construction contrary to the content of the license, or without a license and still re-offends:
+ For the case of a single-family house in an urban area: Fine from 70 million VND to 80 million VND.
+ For construction works requiring the preparation of an economic-technical report or investment project: Fine from 950 million VND to 1 billion VND.
+ For individual houses in cultural-historical relics, conservation areas, or other construction works not falling into the above two cases: The fine is from 10 million VND to 20 million VND.
In addition, if there is a repeat offense, the investor may also have their construction permit revoked for a period of 12 months (if applicable).
- Illegal construction, illegal construction, construction without a license may be subject to measures requiring remedial action:
+ For completed construction works, the construction and the violating part of the construction must be dismantled.
+ In case of construction works under construction, a penalty record will be drawn up and the illegal construction work will be required to stop.
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