ADMINISTRATIVE VIOLATIONS, FORMS OF SANCTION, AND REMEDIAL MEASURES IN CONSTRUCTION ACTIVITIES
The following sets out violations in construction activities from Articles 7 to 23 of Decree No. 16/2022/NĐ-CP on sanctioning administrative violations in construction.
Article 7. Violations of regulations on the selection of organizations and individuals participating in construction activities
1. A fine ranging from VND 60,000,000 to VND 80,000,000 shall be imposed for selecting organizations or individuals without sufficient capacity to participate in any of the following activities:
a) Construction surveying;
b) Formulating construction planning designs;
c) Construction project management;
d) Designing and appraising construction designs;
đ) Designing and appraising architectural designs;
e) Construction of works;
g) Construction supervision;
h) Construction cost management;
i) Construction assessment;
k) Specialized construction testing.
2. The project owner shall be fined from VND 100,000,000 to VND 120,000,000 for any of the following acts in relation to foreign contractors:
a) Allowing foreign contractors to participate in construction activities without obtaining a construction operation permit as prescribed;
b) Allowing foreign contractors to fail to comply with commitments in joint venture contracts with Vietnamese contractors or not to use Vietnamese subcontractors as prescribed;
c) Allowing foreign contractors to temporarily import and re-export construction machinery and equipment that are already available domestically;
d) Allowing foreign contractors to employ foreign workers for construction jobs that can be met by the Vietnamese labor market;
đ) Failing to notify relevant contractors and competent construction authorities when engaging foreign contractors in project management consultancy or construction quality supervision.
3. Additional sanction:
Suspension of construction activities from 03 to 06 months for projects, works, or work items committing violations prescribed at Points c and e, Clause 1 of this Article.
4. Remedial measures:
a) Compelling the selection of organizations and individuals with adequate capacity for acts specified at Points a, c, g, h, i, and k, Clause 1 of this Article (for projects not yet commenced or under construction), and at Points b, d, đ, and e, Clause 1 (for projects not yet commenced);
b) Compelling foreign contractors to obtain a construction operation permit for acts specified at Point a, Clause 2 of this Article;
c) Compelling project owners to require foreign contractors to rectify and comply with commitments in joint venture contracts with Vietnamese prime contractors, and to employ Vietnamese subcontractors as prescribed, in cases where projects have not yet commenced or are under construction, for acts specified at Point b, Clause 2;
d) Compelling project owners to require foreign contractors to re-export construction machinery and equipment for acts specified at Point c, Clause 2;
đ) Compelling written notification to relevant contractors and competent construction authorities for acts specified at Point đ, Clause 2.
Article 8. Violations of regulations on construction surveying
1. A fine ranging from VND 10,000,000 to VND 20,000,000 shall be imposed for failure to archive or insufficient archiving of construction survey reports as prescribed.
2. A fine ranging from VND 40,000,000 to VND 60,000,000 shall be imposed for failure to approve or approving construction survey reports incorrectly or incompletely.
3. A fine ranging from VND 60,000,000 to VND 80,000,000 shall be imposed for any of the following acts:
a) Failure to prepare or approve construction survey tasks;
b) Failure to prepare or approve construction survey technical plans;
c) Failure to prepare or approve amended or supplemented survey tasks before survey implementation for works requiring such amendments or supplements;
d) Preparing or approving incomplete or non-compliant construction survey tasks;
đ) Approving construction survey technical plans without approved survey tasks or inconsistent with approved survey tasks;
e) Failure to supervise construction surveys, or inadequate or non-compliant supervision;
g) Failure to approve or incorrect approval of survey cost estimates for projects funded by public investment, state capital outside public investment, or PPP projects;
h) Allowing actual human resources or equipment of the survey contractor at the site or laboratory (if any) to be inconsistent with the approved technical survey plan.
4. Remedial measures:
a) Compelling the preparation or approval of construction survey tasks in compliance with regulations for acts specified at Points a and d, Clause 3, for projects not yet commenced;
b) Compelling the preparation or approval of construction survey technical plans in compliance with regulations for acts specified at Points b and đ, Clause 3, for projects not yet commenced;
c) Compelling the preparation or approval of amended or supplemented construction survey tasks in compliance with regulations for acts specified at Point c, Clause 3, for projects not yet commenced;
d) Compelling the supervision of construction surveys in compliance with regulations for acts specified at Point e, Clause 3, for projects under construction;
đ) Compelling approval or re-approval of cost estimates for acts specified at Point g, Clause 3 (applicable where no economic contract has been signed with the survey contractor);
e) Compelling the supplementation of capacity or selection of organizations and individuals with adequate capacity for acts specified at Point h, Clause 3, during the survey implementation process.
Article 9. Violations of regulations on preparation of construction planning and urban planning
1. A fine ranging from VND 150,000,000 to VND 200,000,000 shall be imposed for any of the following acts:
a) Preparing planning tasks, planning schemes, adjusted planning tasks or adjusted planning schemes that do not comply with the requirements, principles, contents, and timelines as prescribed;
b) Failing to collect opinions, or collecting opinions not in accordance with regulations, from relevant authorities, organizations, individuals, or local communities regarding planning tasks, planning schemes, adjusted construction planning tasks, or adjusted construction planning schemes as prescribed;
c) Preparing site master plans, architectural design schemes, or technical infrastructure solutions in the basic design of construction investment projects with a scale of less than 5 hectares (less than 2 hectares for apartment building projects) that are inconsistent with the approved subdivision planning.
2. Remedial measures:
a) Compelling the preparation of planning tasks, planning schemes, adjusted planning tasks, and adjusted planning schemes in compliance with regulations for acts specified at Point a, Clause 1 of this Article, if the planning has not yet been approved;
b) Compelling the collection of additional opinions from relevant authorities, organizations, individuals, or local communities for acts specified at Point b, Clause 1 of this Article, if the planning has not yet been approved;
c) Compelling the preparation of revised site master plans, architectural design schemes, and technical infrastructure solutions consistent with the approved subdivision planning for acts specified at Point c, Clause 1 of this Article, in cases where the construction works have not yet commenced or are under construction.
Article 10. Violations of regulations on adjustment of construction planning and urban planning
1. A fine ranging from VND 250,000,000 to VND 300,000,000 shall be imposed for any of the following acts:
a) Adjusting planning in a manner inconsistent with national technical regulations or applicable standards;
b) Adjusting planning without proper bases, conditions, principles, or procedures;
c) Adjusting site master plans, architectural design schemes, or technical infrastructure solutions in the basic design of construction investment projects with a scale of less than 5 hectares (less than 2 hectares for apartment building projects) that are inconsistent with the approved subdivision planning.
2. Remedial measures:
a) Compelling the adjustment of construction planning in compliance with regulations for acts specified at Points a and b, Clause 1 of this Article, for works not yet commenced or under construction;
b) Compelling the adjustment of site master plans, architectural design schemes, and technical infrastructure solutions in conformity with the approved subdivision planning for acts specified at Point c, Clause 1 of this Article, for works not yet commenced or under construction.
Article 11. Violations of regulations on architectural activities
1. A fine ranging from VND 40,000,000 to VND 60,000,000 shall be imposed for failure to organize an architectural design competition for works required to undergo such competition.
2. A fine ranging from VND 60,000,000 to VND 80,000,000 shall be imposed for any of the following acts:
a) Preparing architectural design dossiers and construction works inconsistent with national technical regulations;
b) Failing to prepare architectural design tasks or architectural designs as prescribed;
c) Organizing architectural design activities contrary to regulations.
3. Remedial measures:
a) Compelling the organization of an architectural design competition for acts specified at Clause 1 of this Article, for works not yet commenced;
b) Compelling the re-preparation of architectural design dossiers and construction designs consistent with national technical regulations, and architectural designs in accordance with regulations, for acts specified at Points a and c, Clause 2 of this Article, for works not yet commenced;
c) Compelling the re-preparation of architectural design tasks and architectural designs in accordance with regulations, for acts specified at Point b, Clause 2 of this Article, for works not yet commenced.
Article 12. Violations of regulations on preparation, appraisal, and approval of construction investment projects
1. A fine ranging from VND 60,000,000 to VND 80,000,000 shall be imposed for any of the following acts:
a) Failing to prepare, appraise, or approve construction investment projects for works that are required to have such projects prepared;
b) Failing to submit feasibility study reports on construction investment for appraisal by specialized construction authorities as prescribed.
2. A fine ranging from VND 80,000,000 to VND 100,000,000 shall be imposed for approving adjustments to construction investment projects in contravention of regulations.
3. A fine ranging from VND 100,000,000 to VND 120,000,000 shall be imposed for approving construction investment projects in any of the following cases:
a) Inconsistent with the construction planning approved by competent authorities;
b) Inconsistent technology solutions or design solutions as prescribed;
c) Failure to ensure adequate project funding as prescribed;
d) Failure to ensure financial efficiency or socio-economic efficiency for projects using public investment capital, state capital outside public investment, or PPP projects;
đ) Inconsistent with the investment policy approved or decided by competent state authorities.
4. Remedial measures:
a) Compelling the preparation, appraisal, or approval of construction investment projects for acts specified at Point a, Clause 1 of this Article;
b) Compelling submission of feasibility study reports on construction investment to specialized construction authorities for appraisal for acts specified at Point b, Clause 1 of this Article, for works not yet commenced or under construction;
c) Compelling re-approval of project adjustments in accordance with regulations for acts specified at Clause 2 of this Article;
d) Compelling the re-preparation of construction investment projects consistent with the construction planning approved by competent authorities for acts specified at Point a, Clause 3 of this Article, for projects not yet commenced;
đ) Compelling the re-preparation and re-approval of construction investment projects consistent with prescribed technology and design solutions for acts specified at Point b, Clause 3 of this Article, for works not yet under construction;
e) Compelling the re-preparation and re-approval of construction investment projects ensuring financial efficiency or socio-economic efficiency for acts specified at Point d, Clause 3 of this Article;
g) Compelling the re-preparation and re-approval of construction investment projects consistent with the investment policy approved by competent state authorities for acts specified at Point đ, Clause 3 of this Article.
Article 13. Violations of regulations on construction design (design prepared immediately after basic design, one-step design) and construction cost estimates
1. A fine ranging from VND 40,000,000 to VND 60,000,000 shall be imposed for any of the following acts:
a) Failing to approve construction designs for works in projects required to prepare feasibility study reports on construction investment;
b) Failing to submit construction designs to specialized construction authorities for appraisal as prescribed;
c) Failing to conduct acceptance testing or conducting acceptance testing of construction design dossiers in contravention of regulations.
2. A fine ranging from VND 60,000,000 to VND 80,000,000 shall be imposed for any of the following acts:
a) Failing to prepare or preparing construction design tasks inconsistent with the approved investment policy or failing to prepare sufficient principal contents as prescribed;
b) Adjusting construction designs without appraisal or re-approval as prescribed, in cases of changes in construction geology, design loads, structural solutions, load-bearing materials, or construction methods affecting the structural safety of works;
c) Approving construction designs inconsistent with national technical regulations or applicable standards, or using expired construction standards;
d) Approving subsequent design stages inconsistent with principal contents or specifications of prior design stages; approving construction drawings inconsistent with the design tasks in cases of one-step designs;
đ) Approving technical specifications inconsistent with approved national technical regulations or construction design requirements;
e) Approving over-standard safety designs causing waste for projects using public investment capital, state capital outside public investment, or PPP projects.
3. A fine ranging from VND 80,000,000 to VND 100,000,000 shall be imposed for any of the following acts:
a) Approving construction designs failing to meet economic–technical requirements or determining soil and rock grades inconsistent with geological survey results, or calculating transport distances inconsistent with survey results, for projects using public investment capital, state capital outside public investment, or PPP projects;
b) Approving cost estimates applying or applying incorrectly norms inconsistent with the nature of works, or with erroneous data, leading to increased costs in estimates for projects using public investment capital, state capital outside public investment, or PPP projects;
c) Approving cost estimates with quantities inconsistent with technical design dossiers, construction drawings, FEED designs, technical specifications, project requirements, or calculated design drawings;
d) Approving cost estimates containing errors such as miscalculated transportation costs of materials, miscalculated excavation and filling costs, miscalculated construction quantities, or determining construction material, labor, and machinery prices inconsistent with current regulations on construction price management, inconsistent with regulations at the time of determining construction estimates, or inconsistent with market prices at the construction site, for projects using public investment capital, state capital outside public investment, or PPP projects;
đ) Approving designs or cost estimates inconsistent with regulations on the use of building materials or non-fired materials.
4. Remedial measures:
a) Compelling approval of construction designs in accordance with regulations for acts specified at Point a, Clause 1 of this Article;
b) Compelling submission of construction designs to specialized construction authorities for appraisal in accordance with regulations for acts specified at Point b, Clause 1 of this Article;
c) Compelling acceptance testing or re-testing of construction design dossiers in accordance with regulations for acts specified at Point c, Clause 1 of this Article;
d) Compelling the preparation or re-preparation of construction design tasks in accordance with regulations for acts specified at Point a, Clause 2 of this Article, for works not yet commenced or under construction;
đ) Compelling appraisal or re-approval of adjusted construction designs for acts specified at Point b, Clause 2 of this Article, for works not yet commenced or under construction;
e) Compelling re-approval of construction designs consistent with national technical regulations for acts specified at Point c, Clause 2 of this Article;
g) Compelling re-approval of subsequent designs consistent with prior design stages or design tasks for acts specified at Point d, Clause 2 of this Article, for works not yet commenced;
h) Compelling re-approval of technical specifications for acts specified at Point đ, Clause 2 of this Article, for works not yet commenced or under construction;
i) Compelling re-approval of cost estimates or package estimates for acts specified at Points b, c, and d, Clause 3 of this Article, in cases where contractor selection has not yet been conducted or where contractor selection has been conducted but contracts have not yet been signed, serving as the basis for adjusting bid prices;
k) Compelling adjustment of designs or cost estimates to comply with prescribed ratios for the use of non-fired building materials in works, for acts specified at Point đ, Clause 3 of this Article, for works not yet commenced or under construction.
Article 14. Violations of Regulations on Urban Development Investment
1. A fine ranging from VND 80,000,000 to VND 100,000,000 shall be imposed for any of the following acts:
a) Implementing an urban development investment project in contravention of the approved urban planning or behind the schedule approved by a competent authority;
b) Delaying the handover of works or work items under a construction investment project or urban development investment project as per the approved schedule.
2. A fine ranging from VND 100,000,000 to VND 120,000,000 shall be imposed for any of the following acts:
a) Allowing secondary investors to carry out construction investment inconsistent with the detailed construction planning or the approved project schedule;
b) Changing the primary investor without written approval from a competent state authority;
c) Failing to organize the provision of urban services to serve residents in line with the project objectives until such services are handed over to local authorities or professional service management organizations/enterprises;
d) Failing to transfer administrative management in accordance with regulations;
dd) The primary investor of the urban development project failing to supervise, inspect, and promptly report to competent authorities in cases where residents illegally build houses within the urban area, misuse works, or violate housing use regulations under the Law on Housing.
3. Remedial measures:
a) Compelling compliance with urban planning for ongoing projects under Point a, Clause 1 of this Article;
b) Requiring the primary investor to ensure secondary investors comply with the approved detailed construction planning under Point a, Clause 2 of this Article;
c) Requiring written approval from a competent authority under Point b, Clause 2 of this Article;
d) Requiring the organization of urban services provision to meet residents’ needs in accordance with the project objectives under Point c, Clause 2 of this Article;
dd) Requiring the primary investor to supervise and inspect residents’ unauthorized housing construction in the urban area in accordance with Point dd, Clause 2 of this Article.
Article 15. Violations of Regulations on Commencement of Construction Works
1. A fine ranging from VND 5,000,000 to VND 10,000,000 shall be imposed for any of the following acts:
a) Failing to submit a written notification of the construction commencement date (enclosed with a copy of the construction permit and construction design documents) to the local construction management authority and the specialized construction authority as prescribed;
b) Failing to notify or late notification to the local construction management authority of the construction commencement date, or notifying without enclosing construction design documents in cases exempted from construction permits;
c) Failing to submit or inadequately submitting a report to the specialized construction authority containing information such as: name, contact address, project name, construction site, scale of construction, expected construction schedule, or notifying commencement not in the prescribed form.
2. A fine ranging from VND 30,000,000 to VND 50,000,000 shall be imposed for commencing construction works without one of the following conditions (except for individual houses):
a) Construction site prepared for handover wholly or partially according to the project schedule;
b) Construction contract signed between the investor and the contractor;
c) Measures to ensure safety and environmental protection during construction.
3. A fine ranging from VND 60,000,000 to VND 80,000,000 shall be imposed for commencing construction works without approved construction drawings of the works or work items.
4. In cases where construction commences without a construction permit as required, penalties shall follow Clause 7, Article 16 of this Decree.
5. Remedial measures:
a) Compelling handover of the construction site as per the project schedule for violations under Point a, Clause 2 of this Article;
b) Compelling the signing of a construction contract between the investor and the contractor for violations under Point b, Clause 2 of this Article;
c) Compelling the adoption of safety and environmental protection measures during construction for violations under Point c, Clause 2 of this Article.
Article 16. Violations of Regulations on Construction Order
1. Penalties for organizing construction without proper shielding or with shielding but allowing construction materials to spill into surrounding areas or leaving materials in unauthorized places:
a) A fine from VND 3,000,000 to VND 5,000,000 for individual houses or other construction works;
b) A fine from VND 15,000,000 to VND 20,000,000 for works requiring a feasibility study report or an economic–technical report.
2. Penalties for failing to publicly display the construction permit at the construction site throughout the construction process:
a) A fine from VND 5,000,000 to VND 10,000,000 for individual houses;
b) A fine from VND 10,000,000 to VND 20,000,000 for individual houses within conservation areas, historical–cultural relics, or other construction works;
c) A fine from VND 20,000,000 to VND 30,000,000 for works requiring a feasibility study report or an economic–technical report.
3. Penalties for failing to apply for adjustment or extension of construction permits:
a) A fine from VND 15,000,000 to VND 20,000,000 for individual houses;
b) A fine from VND 25,000,000 to VND 30,000,000 for individual houses within conservation areas, historical–cultural relics, or other construction works;
c) A fine from VND 60,000,000 to VND 80,000,000 for works requiring a feasibility study report or an economic–technical report.
4. Penalties for organizing construction in contravention of the contents of a construction permit issued for repair, renovation, relocation of works, or temporary construction permits, as follows:
a) A fine ranging from VND 15,000,000 to VND 20,000,000 shall be imposed for individual houses;
b) A fine ranging from VND 25,000,000 to VND 30,000,000 shall be imposed for individual houses located in conservation areas, historical–cultural relics, or other construction works;
c) A fine ranging from VND 70,000,000 to VND 90,000,000 shall be imposed for construction works requiring a feasibility study report or an economic–technical construction investment report.
5. Penalties for organizing construction in violation of construction quality management regulations causing subsidence, cracks, or damage to technical infrastructure works or adjacent works, or causing collapse or risk of collapse of adjacent works without causing harm to human health or life, as follows:
a) A fine ranging from VND 30,000,000 to VND 40,000,000 shall be imposed for individual houses;
b) A fine ranging from VND 50,000,000 to VND 60,000,000 shall be imposed for individual houses located in conservation areas, historical–cultural relics, or other construction works;
c) A fine ranging from VND 80,000,000 to VND 100,000,000 shall be imposed for construction works requiring a feasibility study report or an economic–technical construction investment report.
6. Penalties for organizing construction in contravention of the contents of a newly issued construction permit, as follows:
a) A fine ranging from VND 30,000,000 to VND 40,000,000 shall be imposed for individual houses;
b) A fine ranging from VND 50,000,000 to VND 70,000,000 shall be imposed for individual houses located in conservation areas, historical–cultural relics, or other construction works;
c) A fine ranging from VND 100,000,000 to VND 120,000,000 shall be imposed for construction works requiring a feasibility study report or an economic–technical construction investment report.
7. Penalties for organizing construction without a construction permit where such permit is required by law, as follows:
a) A fine ranging from VND 60,000,000 to VND 80,000,000 shall be imposed for individual houses;
b) A fine ranging from VND 80,000,000 to VND 100,000,000 shall be imposed for individual houses located in conservation areas, historical–cultural relics, or other construction works;
c) A fine ranging from VND 120,000,000 to VND 140,000,000 shall be imposed for construction works requiring a feasibility study report or an economic–technical construction investment report.
8. A fine ranging from VND 80,000,000 to VND 100,000,000 shall be imposed for constructing works inconsistent with the approved construction design in cases exempted from construction permits.
9. Penalties for construction inconsistent with approved construction planning or urban planning, as follows:
a) A fine ranging from VND 80,000,000 to VND 100,000,000 shall be imposed for individual houses;
b) A fine ranging from VND 100,000,000 to VND 120,000,000 shall be imposed for individual houses located in conservation areas, historical–cultural relics, or other construction works;
c) A fine ranging from VND 160,000,000 to VND 180,000,000 shall be imposed for construction works requiring a feasibility study report or an economic–technical construction investment report.
10. Penalties for expanding or encroaching upon areas or spaces lawfully managed and used by other organizations, individuals, public areas, or common-use areas, as follows:
a) A fine ranging from VND 80,000,000 to VND 100,000,000 shall be imposed for individual houses;
b) A fine ranging from VND 100,000,000 to VND 120,000,000 shall be imposed for individual houses located in conservation areas, historical–cultural relics, or other construction works;
c) A fine ranging from VND 180,000,000 to VND 200,000,000 shall be imposed for construction works requiring a feasibility study report or an economic–technical construction investment report.
11. For construction works built on land used for improper purposes in violation of land laws, penalties shall be imposed in accordance with the Government’s Decree on administrative sanctions in the field of land.
12. Penalties for continuing violations after an administrative violation record has been made (before issuance of a sanctioning decision) despite a competent authority’s request to cease, with respect to violations under Clauses 4, 6, 7, 8, 9, and 10 of this Article, are as follows:
a) A fine ranging from VND 100,000,000 to VND 120,000,000 shall be imposed for individual houses;
b) A fine ranging from VND 120,000,000 to VND 140,000,000 shall be imposed for individual houses located in conservation areas, historical–cultural relics, or other construction works;
c) A fine ranging from VND 400,000,000 to VND 500,000,000 shall be imposed for construction works requiring a feasibility study report or an economic–technical construction investment report.
13. Penalties for repeated violations of provisions under Clauses 4, 6, 7, 8, 9, and 10 of this Article after being administratively sanctioned, where criminal liability is not pursued, are as follows:
a) A fine ranging from VND 120,000,000 to VND 140,000,000 shall be imposed for individual houses;
b) A fine ranging from VND 140,000,000 to VND 160,000,000 shall be imposed for individual houses located in conservation areas, historical–cultural relics, or other construction works;
c) A fine ranging from VND 950,000,000 to VND 1,000,000,000 shall be imposed for construction works requiring a feasibility study report or an economic–technical construction investment report.
14. Supplementary sanctions:
a) Suspension of the right to use the construction permit for 03 to 06 months (if applicable) for violations under Point a, Clause 12 and Point a, Clause 13 of this Article;
b) Suspension of the right to use the construction permit for 06 to 09 months (if applicable) for violations under Point b, Clause 12 and Point b, Clause 13 of this Article;
c) Suspension of the right to use the construction permit for 09 to 12 months (if applicable) for violations under Point c, Clause 12 and Point c, Clause 13 of this Article;
d) Confiscation of exhibits and means used in administrative violations for acts prescribed under Clauses 12 and 13 of this Article.
15. Remedial measures:
a) Compelling proper shielding and remedying environmental pollution (if any) for violations under Clause 1 of this Article;
b) Compelling procedures for adjustment or extension of construction permits, or compelling public disclosure of construction permits, for violations under Clauses 2 and 3 of this Article;
c) Compelling demolition of works or parts of works in violation for acts prescribed under Clauses 4, 6, 7, 8 (where the violation has been completed), 9, 10, 12, and 13 of this Article.
16. For acts under Clauses 4, 6, 7, and 8 of this Article that are under construction, in addition to monetary fines, procedures under Article 81 of this Decree must also be followed.
17. Construction inconsistent with the issued construction permit but not subject to construction permit adjustment under the Law on Construction shall not be considered a violation of construction permit contents.
Article 17. Violations of regulations on construction works execution
1. A warning shall be imposed for any of the following acts:
a) Failing to provide notification of the tasks and powers of individuals in the quality management system of the project owner or of the construction supervision contractor (if any) to the relevant contractors as prescribed;
b) Preparing the completion dossier of the construction work without sufficient documents as prescribed.
2. A fine ranging from VND 10,000,000 to VND 20,000,000 shall be imposed for failure to install a construction signboard at the construction site or for a signboard lacking sufficient contents as prescribed.
3. A fine ranging from VND 20,000,000 to VND 40,000,000 shall be imposed for any of the following acts:
a) Failing to organize construction supervision of the work under construction as prescribed;
b) Failing to organize the preparation of the construction completion dossier.
4. A fine ranging from VND 40,000,000 to VND 60,000,000 shall be imposed for any of the following acts:
a) Failing to check, resulting in the actual capacity of personnel, construction equipment, specialized construction laboratories, or the quality management system of the construction contractor not being consistent with the bidding documents;
b) Failing to obtain inspection results of construction methods, safety measures, and environmental sanitation measures of the contractor;
c) Failing to report safety assurance measures to the specialized construction authority as prescribed in case the work under construction is located in a hazardous area seriously affecting community safety;
d) Failing to assign sufficient and appropriate personnel to perform construction supervision and safety management during construction;
dd) Allowing organizations or individuals without sufficient capacity conditions to carry out the construction of individual houses as prescribed.
5. A fine ranging from VND 40,000,000 to VND 60,000,000 shall be imposed for any of the following acts:
a) Failing to check, leading to the contractor executing construction works not in accordance with the approved construction method design;
b) Failing to check, leading to the contractor failing to extend the performance guarantee when it becomes due as prescribed;
c) Failing to check and approve materials, components, construction products, or equipment to be installed in the work;
d) Allowing the contractor to use construction materials not subject to conformity certification for works requiring conformity declaration as prescribed;
dd) Failing to purchase construction insurance as prescribed;
e) Failing to organize counter-testing or quality assessment of construction parts, items, or works as prescribed.
6. A fine ranging from VND 60,000,000 to VND 80,000,000 shall be imposed for organizing emergency construction works without an emergency order as prescribed.
7. A fine ranging from VND 80,000,000 to VND 100,000,000 shall be imposed for failure to comply with regulations on the use of non-baked building materials.
8. Remedial measures:
a) Mandatory written notification of the tasks and powers of individuals in the quality management system of the project owner or of the construction supervision contractor (if any) to the relevant contractors, for the act specified at Point a, Clause 1 of this Article;
b) Mandatory preparation of the construction completion dossier as prescribed, for the acts specified at Point b, Clause 1 and Point b, Clause 3 of this Article;
c) Mandatory installation of signboards with full prescribed contents at the construction site, for the act specified in Clause 2 of this Article;
d) Mandatory organization of construction supervision, for the act specified at Point a, Clause 3 of this Article;
dd) Mandatory requirement that the project owner requests the construction contractor to allocate sufficient personnel, construction equipment, specialized laboratories, or quality management system consistent with the bidding documents, for the act specified at Point a, Clause 4 of this Article;
e) Mandatory obtaining of inspection results of construction methods, safety measures, and environmental sanitation measures of the contractor, for the act specified at Point b, Clause 4 of this Article;
g) Mandatory reporting of safety assurance measures to the specialized construction authority in case of works in hazardous areas seriously affecting community safety, for the act specified at Point c, Clause 4 of this Article;
h) Mandatory assignment of sufficient and appropriate personnel to carry out construction supervision and safety management during construction, for the act specified at Point d, Clause 4 of this Article;
i) Mandatory requirement that the project owner request the contractor to execute the works in accordance with the approved construction method design, for the act specified at Point a, Clause 5 of this Article;
k) Mandatory requirement that the project owner request the contractor to extend the performance guarantee as prescribed, for the act specified at Point b, Clause 5 of this Article;
l) Mandatory requirement that the project owner check materials, components, construction products, or equipment installed in the work in accordance with the design and construction contract, for the act specified at Point c, Clause 5 of this Article;
m) Mandatory requirement that the project owner re-check and determine the quality of the work item where non-conformity-declared materials have been used, for the act specified at Point d, Clause 5 of this Article;
n) Mandatory purchase of construction insurance, for the act specified at Point dd, Clause 5 of this Article, in case the work is under construction;
o) Mandatory organization of counter-testing or quality assessment of construction parts, items, or works, for the act specified at Point e, Clause 5 of this Article;
p) Mandatory obtaining of an emergency order for emergency construction works, for the act specified in Clause 6 of this Article;
q) Mandatory assurance of the required proportion of non-baked building materials for the remaining part of the work not yet constructed, for the act specified in Clause 7 of this Article.
Article 18. Violations of regulations on acceptance of construction works
1. A fine ranging from VND 20,000,000 to VND 40,000,000 shall be imposed for any of the following acts:
a) Acceptance conducted not in accordance with prescribed order and procedures;
b) Failure to submit a written request to the specialized construction authority for inspection of acceptance work as prescribed.
2. A fine ranging from VND 80,000,000 to VND 100,000,000 shall be imposed for putting a work part, work item, or construction work into use without conducting acceptance as prescribed.
3. A fine ranging from VND 100,000,000 to VND 120,000,000 shall be imposed for any of the following acts:
a) Conducting acceptance for unexecuted work volume or for a larger volume than the actual executed volume with respect to projects using public investment capital, state capital other than public investment, or PPP projects;
b) The work has been accepted but fails to ensure construction quality.
4. Remedial measures:
a) Within 10 days from the date of issuance of the sanctioning decision, the project owner must submit a written request to the competent authority for inspection of acceptance work, for the act specified at Point b, Clause 1 of this Article;
b) Within 01 to 03 months, the project owner must organize acceptance of the work part or work item already put into use, for the act specified in Clause 2 of this Article;
c) Mandatory re-acceptance according to the actual construction and recovery of the wrongly accepted or paid amount to the project owner’s account, for the act specified at Point a, Clause 3 of this Article;
d) Mandatory remediation of construction quality as prescribed, for the act specified at Point b, Clause 3 of this Article.
Article 19. Violations of regulations on construction contracts applicable to projects using public investment capital, state capital other than public investment, PPP projects, and settlement of construction investment capital
1. A fine ranging from VND 30,000,000 to VND 40,000,000 shall be imposed for entering into a construction contract without using the Vietnamese language as prescribed.
2. A fine ranging from VND 80,000,000 to VND 100,000,000 shall be imposed for any of the following acts:
a) The contract price exceeds the winning bid price or the results of contract negotiation, except for additional work volumes outside the bidding package approved by the investment decider;
b) Adjusting the contract not in accordance with prescribed order, procedures, competence, or conditions for contract adjustment;
c) Contract advance exceeding the prescribed percentage or making contract advance without an advance guarantee as prescribed;
d) Contract payment not in accordance with the number of installments, payment stages, timing, or deadlines specified in the contract, unless otherwise agreed by the parties;
dd) Settlement or liquidation of construction contracts delayed beyond the prescribed time limit.
3. A fine ranging from VND 100,000,000 to VND 120,000,000 shall be imposed for late preparation of construction investment capital settlement dossiers for submission to the investment decider for approval, counted from the date the work is signed off as completed and handed over for use.
4. Remedial measures:
a) Mandatory use of Vietnamese language when entering into construction contracts, for the act specified in Clause 1 of this Article with respect to ongoing contracts;
b) Mandatory implementation of the winning bid price when the contract price exceeds the winning bid price or results of negotiation, for the act specified at Point a, Clause 2 of this Article with respect to ongoing contracts;
c) Mandatory adjustment of the contract in accordance with regulations, for the act specified at Point b, Clause 2 of this Article with respect to ongoing contracts;
d) Mandatory recovery of the excessive contract advance or full contract advance value to the project owner’s account, for the act specified at Point c, Clause 2 of this Article with respect to ongoing contracts;
dd) Mandatory execution of payment, settlement, and liquidation of contracts in accordance with regulations, for the acts specified at Points d and dd, Clause 2 of this Article;
e) Within 01 month, mandatory completion of the construction investment capital settlement dossier and submission to the investment decider for approval, for the act specified in Clause 3 of this Article.
Article 20. Violations of regulations on warranty, maintenance, operation, and use of construction works
1. A fine ranging from VND 10,000,000 to VND 20,000,000 shall be imposed for any of the following acts:
a) Determining the warranty period of a construction work shorter than the statutory minimum;
b) Failure to approve the maintenance procedure of the construction work as prescribed;
c) Failure to organize supervision and acceptance of the contractor’s rectification and repair works (construction contractor, equipment supplier).
2. A fine ranging from VND 30,000,000 to VND 40,000,000 shall be imposed for any of the following acts:
a) Failure to confirm completion of the contractor’s warranty obligations;
b) Failure to prepare a maintenance procedure for the construction work or failure to carry out maintenance in accordance with the approved procedure;
c) Failure to prepare an annual construction work maintenance plan as prescribed;
d) Failure to prepare repair records of the construction work as prescribed;
dd) Failure to hand over, late handover, or incomplete handover of the approved construction work maintenance procedure to the owner or managing entity;
e) Failure to prepare maintenance cost estimates in the approved maintenance plan as prescribed for works funded by public investment capital, state capital other than public investment, or PPP projects.
3. A fine ranging from VND 40,000,000 to VND 60,000,000 shall be imposed for any of the following acts:
a) Failure to inspect, test, or assess the current quality status, and to report to the competent authority for approval of extended service life for works whose design lifespan has expired;
b) Failure to carry out monitoring of construction works as prescribed;
c) Using expired technical standards for maintenance;
d) Failure to organize periodic assessment of structural safety or operational safety of the work, or failure to submit the results to the competent authority as prescribed;
dd) Failure to inspect, repair, apply emergency measures, or report as prescribed upon detecting dangerous signs or unsafe conditions in a construction work or work item;
e) Failure to implement reinforcement, renovation, or repair (if any) before deciding on continued use of the construction work, or failure to report results of inspection, testing, quality assessment, or repairs (if any) to the competent authority for expired works;
g) Failure to demolish temporary works when the main construction work is put into operation or when the lifespan of the temporary work expires.
4. Remedial measures:
a) Mandatory approval of the construction work maintenance procedure for the act specified at Point b, Clause 1 of this Article;
b) Mandatory supervision and acceptance of contractors’ rectification and repairs for the act specified at Point c, Clause 1 of this Article;
c) Mandatory confirmation of completion of the contractor’s warranty obligations for the act specified at Point a, Clause 2 of this Article;
d) Mandatory preparation or implementation of construction work maintenance procedures for the act specified at Point b, Clause 2 of this Article;
dd) Mandatory preparation of an annual construction work maintenance plan for the act specified at Point c, Clause 2 of this Article;
e) Mandatory preparation of construction work repair records for the act specified at Point d, Clause 2 of this Article;
g) Mandatory handover of the full approved maintenance procedure to the owner for the act specified at Point dd, Clause 2 of this Article;
h) Mandatory preparation of maintenance cost estimates in the approved plan by the owner/manager for the act specified at Point e, Clause 2 of this Article;
i) Mandatory assessment of structural and operational safety or submission of results to the competent authority for the act specified at Point d, Clause 3 of this Article;
k) Mandatory inspection, repair, application of emergency measures, or reporting to the competent authority when dangerous signs appear, for the act specified at Point dd, Clause 3 of this Article;
l) Mandatory reinforcement, renovation, or repair (if any) before continued use, and reporting of inspection, testing, and repair results (if any) to the competent authority, for the act specified at Point e, Clause 3 of this Article;
m) Mandatory demolition of temporary works for the act specified at Point g, Clause 3 of this Article.
Article 21. Violations of regulations on management and storage of records
1. A fine ranging from VND 20,000,000 to VND 40,000,000 shall be imposed for any of the following acts:
a) Failure to store, or insufficient storage of, construction planning project records as prescribed;
b) Failure to store, or insufficient storage of, construction completion records or mandatory documents as prescribed.
2. Remedial measure: Mandatory storage or supplementation of complete document records for the act specified in Clause 1 of this Article.
Article 22. Violations of regulations in case of construction incidents
1. A fine ranging from VND 10,000,000 to VND 20,000,000 shall be imposed for any of the following acts:
a) Failure or delay in reporting a construction incident or labor safety incident;
b) Failure to prepare construction incident records as prescribed.
2. A fine ranging from VND 40,000,000 to VND 60,000,000 shall be imposed for any of the following acts:
a) Failure to preserve the scene of a construction incident or arbitrarily demolishing/cleaning the site without approval of the competent authority;
b) Failure to handle and remediate consequences of a construction incident or labor safety incident.
3. Remedial measures:
a) Mandatory written report to the competent authority for the act specified at Point a, Clause 1 of this Article;
b) Mandatory preparation of construction incident records for the act specified at Point b, Clause 1 of this Article;
c) Mandatory preservation of the scene of a construction incident for the act specified at Point a, Clause 2 of this Article;
d) Mandatory remediation and consequence handling for the act specified at Point b, Clause 2 of this Article.
Article 23. Violations of regulations on management of construction investment projects
Where a project management consultant, a specialized construction project management unit, or a regional construction project management unit acts as the project owner, depending on the scope of assigned duties, such entities shall be administratively sanctioned for violations prescribed in Articles 7 through 22 of this Decree.
