Penalties for violations of construction order according to new regulations

Như Hạ |

Decree 339/2026/ND-CP stipulates many levels of penalties for violations of construction order by investors.

The Government promulgates Decree No. 339/2026/ND-CP stipulating penalties for administrative violations in the fields of construction, management of technical infrastructure works, management, housing development, and real estate business. This Decree takes effect from August 26, 2026.

A fine of up to 25 million VND if the construction of the project is not covered or scattered construction materials into the surrounding area

For violations of investors regarding construction order, Clauses 1, 2, Article 25 of this Decree stipulate the following penalties:

1. Penalties for the act of organizing construction of works without covering or with covering but letting construction materials fall into surrounding areas or leaving construction materials in the wrong places as follows:

a) A fine of between VND 3,000,000 and VND 5,000,000 for building individual houses or other construction works;

b) A fine of between VND 15,000,000 and VND 20,000,000 shall be imposed for the construction of works that must prepare an economic - technical report;

c) A fine of between VND 20,000,000 and VND 25,000,000 shall be imposed for the construction of works that must prepare a Feasibility Study Report.

2. Sanctions for the act of not disclosing construction permits at construction sites during construction are as follows:

a) A fine of between VND 5,000,000 and VND 10,000,000 shall be imposed for building individual houses, except for the cases specified in point b of this clause;

b) A fine of between VND 10,000,000 and VND 20,000,000 shall be imposed for the construction of individual houses in the protected area I of the relic, world heritage area, protected area II of the relic, buffer zone of the world heritage area or other construction works;

c) A fine of between VND 20,000,000 and VND 30,000,000 shall be imposed for the construction of works that must prepare an economic - technical report;

d) A fine of between VND 30,000,000 and VND 40,000,000 shall be imposed for the construction of works that must prepare a Feasibility Study Report.

A fine of up to 120 million VND for the act of constructing works that do not ensure safety, causing damage and collapse of adjacent works.

Clause 5, Article 25 of this Decree stipulates penalties for the act of organizing construction of works not in accordance with the approved construction measures, not ensuring safety for adjacent construction works causing subsidence, cracking or damage to technical infrastructure works, adjacent works or causing collapse or risk of collapse of adjacent works but not causing damage to the health or life of others as follows:

a) A fine of between VND 30,000,000 and VND 40,000,000 shall be imposed for building individual houses, except for the cases specified in point b of this clause;

b) A fine of between 50,000,000 VND and 60,000,000 VND shall be imposed for the construction of individual houses in the protected area I of the relic, world heritage area, protected area II of the relic, buffer zone of the world heritage area or other construction works;

c) A fine of between VND 80,000,000 and VND 100,000,000 shall be imposed for the construction of works that must prepare an economic - technical report;

d) A fine of between VND 100,000,000 and VND 120,000,000 shall be imposed for the construction of works that must prepare a Feasibility Study Report.

Remedial measures

a) Forced to cover, collect, clean up fallen construction materials and restore the original state of the affected area for the acts specified in Clause 1 of this Article;

b) Forcing public disclosure of construction permits as prescribed for the acts specified in Clause 2 of this Article for construction projects under construction;

c) Forced to carry out procedures for requesting a construction permit or adjusting the construction permit or adjusting the construction investment project or adjusting the construction design implemented after the project is approved (in case of not adjusting the construction investment project) according to the provisions of Clause 2, Article 85 of this Decree for acts specified in Clauses 4, 6, 7 and 8 of this Article that are under construction;

d) Forcing the demolition of construction works, parts of construction works that violate and the violation has ended for the acts specified in Clauses 4, 6, 7, 8 of this Article;

d) Forcing the demolition of construction works, parts of construction works that violate the acts specified in clauses 9, 10, 11, 12 of this Article;

e) Forced to return the amount equal to the value of exhibits and means of administrative violations that have been consumed, disposed of, or destroyed in violation of the law for the acts specified in Clauses 11 and 12 of this Article.

In case construction is not in accordance with the content of the issued construction permit but does not fall into the case of having to adjust the construction permit according to the provisions of the law on construction, it is not considered an act of construction not in accordance with the content of the issued construction permit and is not subject to administrative penalties.

Như Hạ
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