Prohibited acts in construction investment activities in 2023

Pursuant to the provisions of Article 12 of the 2014 Construction Law (amended at Point c, Clause 64, Article 1 of the 2020 amended Construction Law), when conducting construction investment activities, entities are strictly prohibited from performing the following acts:

(1) The decision to invest in construction is not in accordance with the provisions of the 2014 Construction Law.

(2) Starting construction of a project when the conditions for starting construction are not met according to the provisions of the Construction Law 2014.

(3) Constructing works in areas where construction is prohibited; constructing works encroaching on the protection corridors of national defense, security, traffic, irrigation, dike, energy, historical-cultural relic sites and other protected areas of works as prescribed by law; constructing works in areas where there have been warnings about the risk of landslides, flash floods and flash floods, except for works constructed to overcome these phenomena.

(4) Constructing works that are not in accordance with construction planning, except in cases where there is a construction permit with a term; violating construction boundaries and construction levels; constructing works that are not in accordance with the granted construction permit.

(5) Establishing, appraising, and approving designs and estimates of construction works using public investment capital or foreign capital invested in public investment contrary to the provisions of the 2014 Construction Law.

(6) Contractors participating in construction activities without sufficient capacity to carry out construction activities.

(7) The investor selects a contractor that does not have sufficient capacity to carry out construction activities.

(8) Construction works that do not comply with the technical standards and regulations selected for application to the works.

(9) Production and use of construction materials that are harmful to public health and the environment.

(10) Violation of regulations on labor safety, property, fire and explosion prevention and fighting, security, order and environmental protection in construction.

(11) Using a construction not in accordance with its purpose and function; building extensions, encroaching on areas, encroaching on spaces that are being legally managed and used by other organizations, individuals, and public areas, common use areas.

(12) Giving or receiving bribes in construction investment activities; taking advantage of other legal entities to participate in construction activities; arranging or colluding to distort the results of project preparation, survey, design, and construction supervision.

(13) Abusing position and power to violate construction laws; covering up and delaying the handling of violations of construction laws.

(14) Obstructing lawful investment and construction activities.