Investors (including households and individuals) who violate construction order when constructing, in many cases, are allowed to "legalize" the illegal construction works, such as adjusting the construction permit for construction that is not in accordance with the content of the permit (wrong permit, illegal), or applying for a construction permit for construction without a permit (unlicensed construction).
However, construction that violates planning regulations will not be “legalized” so that construction works in general and individual houses in particular are allowed to exist. Instead, organizations and individuals who violate the regulations must demolish the houses, otherwise they will be forced to demolish them.
This content is clearly stipulated in Point c, Clause 15, Article 16 of Decree 16/2022/ND-CP as follows: Forced demolition of construction works and parts of construction works that violate the acts specified in Clause 4, Clause 6, Clause 7, Clause 8 (where the violation has ended), Clause 9, Clause 10, Clause 12, Clause 13 of this Article.
The forced demolition of houses if they are built in violation of construction planning and urban planning is a reasonable and understandable regulation.
Because the planning has been approved by the competent state agency, if it is "legalized", the planning will have to be adjusted (it is impossible to adjust the local planning because of a project of the people), at the same time, if it is legalized, there will be many violations leading to the breaking of the planning.
In addition, many cases are "legalized" so that housing is allowed to exist such as unlicensed or illegal construction, in essence, only need to apply for a construction permit, adjust the construction permit accordingly and ensure compliance with the planning to exist and not affect the interests of the State, organizations and other individuals.
