Hanoi voters believe that currently, the handling of violations of land and construction order according to the provisions of Decree No. 16/2022/ND-CP dated January 28, 2022 on administrative sanctions in the construction sector, Decree No. 91/2019/ND-CP dated November 19, 2019 on administrative sanctions in the land sector has a complicated process, takes a lot of time, the situation of violations is increasingly complicated, leaving many consequences, long-term petitions, complaints, and difficulties in the settlement process, causing waste of social assets in cases that must be dismantled.
Voters suggested that the Government study and amend in the direction of reducing procedures to handle and dismantle violating works right from the time they arise, at the same time, study and consider increasing the penalty level, possibly legalizing violations of land, construction order, and environment to increase deterrence.
After studying, the Ministry of Construction would like to answer as follows:
Currently, the Ministry of Construction is taking the lead in drafting a Decree regulating administrative sanctions for construction violations (replacing Decree No. 16/2022/ND-CP dated January 28, 2022 of the Government), this draft Decree has been sent to the Ministry of Justice for appraisal and is expected to be submitted to the Government in December 2025.
Accordingly, in the draft Decree sent to the Ministry of Justice for appraisal, the regulations on administrative sanctions for violations of construction order have been studied and revised to comply with specialized legal regulations and practical situations, specifically as follows:
Regarding the handling and dismantling of works that violate Article 81: Decree No. 16/2022/ND-CP only stipulates the handling procedures for cases where construction organizations violate the content of the license, do not have a license or do not match the appraised construction design but are under construction and are eligible for a construction permit or to adjust the construction permit or to adjust the construction design.
However, to promptly handle cases where construction is under construction and are not eligible for a construction permit or an adjustment permit, the draft Decree has added 01 Clause in the direction of clearly stipulating that for these cases, the measure of forcing the demolition of the construction works or the part of the construction works in violation will be immediately implemented.
Separate the target group and increase the fine according to the nature and scale of the violation: Previously, violations of construction order as prescribed in Article 16 of Decree No. 16/2022/ND-CP were classified according to the scale of:
(1) Individual housing;
(2) The project requires a feasibility study report for construction investment and the project must prepare an economic - technical report for construction investment;
(3) Other works.
The project must prepare an economic - technical report on construction investment with the project must prepare a feasibility study report on construction investment with a common penalty level.
However, to suit the nature and scale of the project, the draft Decree replacing Decree No. 16/2022/ND-CP has separated the above two types of projects to stipulate different fines.
Accordingly, violations of construction works that require a feasibility study report on construction investment will apply a higher penalty framework to ensure deterrence, prevention of violations and commensurate with the nature and severity of the violation.
The Ministry of Construction will continue to study voters' recommendations during the process of revising and finalizing the draft Decree to submit to the Government for promulgation in December 2025.
