Pursuant to the provisions of Clause 1, Article 81 of Decree 16/2022/ND-CP:
Article 81. Procedures for implementation as prescribed in Clause 16, Article 16 of this Decree
The acts specified in Clause 4, Clause 6, Clause 7 and Clause 8, Article 16 of this Decree that are eligible for a construction permit or construction permit adjustment or construction design adjustment under construction shall be handled as follows:
1. The competent person is responsible for drawing up a record of administrative violations and requesting the organization or individual with the violation to stop construction. Within 90 days for construction investment projects and 30 days for individual houses from the date of issuance of the decision to sanction administrative violations, organizations and individuals who commit violations must complete the dossier to request the competent authority to issue a construction permit or construction permit for adjustment or construction design for adjustment and have a construction permit or construction permit for adjustment or construction design for adjustment.
The application for a construction permit or a construction permit to adjust or adjust the construction design shall comply with the provisions of law on granting a permit, appraisal and supplementation of documents proving that the payment of administrative fines has been completed.
The competent state agency is responsible for granting a construction permit or an adjusted construction permit, the specialized construction agency is responsible for appraising the adjusted construction design according to the provisions of law.
Accordingly, when the investor constructs in violation of the content of the license (illegal construction), the competent authority will draw up a record of administrative violation and request to stop construction. After that, the investor has a deadline of 90 days for construction investment projects and 30 days for individual houses, from the date of issuance of the penalty decision, to complete the application for adjustment of construction permits or construction designs.
However, although the law allows adjusting construction permits for a certain period of time, it is not allowed to be adjusted to increase construction density, because:
- The pure construction density has been stipulated in the maximum limit in the National Technical Regulation on construction.
- The construction permit has also specifically determined the construction density in accordance with the land area.
For example: For a plot of land with an area of 120m2, the maximum construction density is 90%. If the owner arbitrarily builds the entire land area (ie 100%), when discovered, it is impossible to adjust the construction permit to legalize that violation, because the construction exceeding 90% has violated current legal regulations.
Thus, the construction permit cannot be adjusted to increase the construction density beyond the prescribed limit.
