Chương VII Nghị định 16/2022/NĐ-CP: Biện pháp thi hành

Chapter VII

IMPLEMENTATION SOLUTIONS

Article 81. Procedures for implementing Clause 16 Article 16 hereof

If violations under Clause 4, Clause 6, Clause 7, and Clause 8 Article 16 hereof fall under cases eligible for issuance of construction permit or revision of construction permit or revision of construction design during construction process:

1. Competent individuals are responsible for producing offence notice and requesting offending organizations and individuals to cease all construction work. Within 90 days for construction investment projects and 30 days for detached houses from the date on which decisions imposing penalties for administrative violations are issued, offending organizations and individuals must submit application for issuance of construction permit or revised construction permit or revised construction design and obtain construction permit or revised construction permit or construction design.

Application for issuance of construction permit or revised construction permit or revised construction design shall conform to regulations and law on issuance, inspection, and addition of documents verifying payment of fine of administrative violations.

Competent authorities are responsible for issuing construction permit or revised construction permit, construction agencies are responsible for inspecting revised construction design in accordance with regulations and law.

2. If offending organizations and individuals fail to present construction permit or revised construction permit or revised construction design which has been approved, competent individuals entitled to impose penalties shall request the offending organizations and individuals in writing to dismantle construction or parts of construction involved in the violation.

Within 15 days from the date on which the written request is sent (based on postal stamp) or from the date on which delivery record is produced, offending organizations and individuals are responsible for dismantling structures or parts of structures involved in the violations.

3. Within 5 days from the date on which offending organizations and individuals present construction permit or revised construction permit or revised construction design which has been approved, competent individuals entitled to impose penalties are responsible for inspecting conditions of the construction, producing record of conformity of construction conditions with construction permit or revised construction permit or revised construction design which has been approved.

4. Offending organizations and individuals shall only be allowed to proceed with construction work if inspection record verifies conformity of the construction with construction permit or revised construction permit or revised construction design which has been approved.

If the construction does not match with the conditions specified in construction permit or revised construction permit or revised construction design which has been approved, within 15 days from the date on which the record of inspection and verification of construction conditions is produced, offending organizations and individuals must dismantle the constructions or parts of the constructions that do not match with construction permit or revised construction permit or revised construction design which has been approved.

5. If offending organizations and individuals proceed with construction work during the period in which they are applying for construction permit or revised construction permit or revised construction design, they shall be met with actions in accordance with Clause 13 Article 16 hereof.

Organizations and individuals that fail to dismantle in accordance with Clause 2 and Clause 4 of this Article shall be enforced to do so in accordance with regulations on imposing penalties for administrative violations.

Article 82. Responsibilities of competent individuals entitled to impose penalties for administrative violations in cases where houses, fabricated or otherwise altered license must be recalled

When imposing penalties for administrative violations which include remedial measures for cases under Point b Clause 5 Article 59, Point a, Point b, Point c, Point d, and Point g Clause 6 Article 64, Point c Clause 3 Article 65 of this Decree, competent individuals entitled to impose penalties for administrative violations are responsible for informing regulatory authorities for actions as per the law.