Chương VIII Nghị định 16/2022/NĐ-CP: Điều khoản thi hành

Chapter VIII

IMPLEMENTATION

Section 1. TRANSITION CLAUSES

Article 83. With respect to administrative violations in construction taking place before the effective date hereof, adopt regulations and law on imposing penalties for administrative violations as follows:

1. If administrative violations have concluded but offence notice has not been produced, impose penalties in accordance with regulations and law applicable at the time in which the violations conclude.

2. If decisions imposing penalties for administrative violations have not been fully implemented, continue to conform to decisions imposing penalties for administrative violations or decisions on enforcement.

Article 84. Starting from the effective date hereof, regulations under Clause 2, Clause 3, Clause 4, Clause 5 Article 79 of Decree No. 139/2017/ND-CP shall be implemented as follows:

1. Failing to adhere to construction permit; failing to obtain construction permit for cases that require construction permit; failing to adhere to approved design, approved planning, or approved urban planning in cases where construction permit is exempted shall also be met with mandated refund of illegal revenues in accordance with Clause 9 Article 13, Decree No. 121/2013/ND-CP in addition to penalties for administrative violations if all of the following conditions are met:

a) The violations occurred during the interval between January 4, 2008 and ended before January 15, 2018 but were only discovered by competent individuals after January 15, 2018 or were discovered before January 15, 2018 and one of the following documents was issued: notice of administrative offence, decision on imposing penalties for administrative violations, or decision on adoption of remedial measures;

b) Construction boundary markers are not violated;

c) Adjacent structures are not affected;

d) No dispute is present;

dd) Construction does not occur on land under legal ownership;

e) Conform to construction planning approved by competent authorities.

2. With respect to violations that meet conditions under Point a, Point b, Point c, Point d, and Point dd Clause 1 without meeting conditions under Point e Clause 1 of this Article:

If the violations were discovered by competent individuals before January 15, 2018 who have produced offence notice, issued decision imposing penalties for administrative violations, decision adopting mandated refund of illegal revenues and the offending organizations and individuals have not paid the fine (if any) and illegal revenues by January 15, 2018, competent individuals entitled to impose penalties shall issue decision adopting mandated dismantlement of constructions, parts of constructions involved in the violation for violations under Point d Clause 11 Article 15 of Decree No. 139/2017/ND-CP as a substitute for mandated refund of illegal revenues.

3. The illegal revenues to be paid by offending organizations and individuals under Clause 1 of this Article are determined as follows:

a) If the construction serves business purposes: the illegal revenues shall equal total m² of illegally built floor area multiplied by unit price of 1 m² according to sale or transfer contracts without being lower than investment of the same construction class issued by competent authorities multiplied by 50%;

b) If the construction does not serve business purposes: the illegal revenues shall equal total m² of illegally built floor area multiplied by unit price of 1 m² according to approved estimates without being lower than investment of the same construction class issued by competent authorities multiplied by 50%;

c) In case no sale, transfer agreements or approved estimates are available: the illegal revenues shall equal total m² of illegally built floor area multiplied by investment of the same construction class issued by competent authorities multiplied by 50%;

d) Competent individuals entitled to impose penalties for administrative violations shall adopt investment value at the time of issuing decisions imposing penalties for administrative violations and be responsible for determining illegal revenues under Point a, Point b, and Point c of this Clause.

4. Mandated refund of illegal revenues calculated based on value percentage of sections built illegally or without permit shall not be adopted for detached houses.

5. Once offending organizations and individuals have paid fine for administrative violations and the illegal revenues and quality control results are issued, competent regulatory authorities are responsible for providing remarks regarding planning - architecture, issuing construction permit, revising construction permit, or revising construction design.

In addition to documents required by the law, the application for issuance of construction permit, revision of construction permit, or revision of construction design must include documents verifying complete payment of fine and illegal revenues (if any).

Once offending organizations and individuals fulfill all abovementioned procedures, competent authorities shall consider and issue certificate of ownership of buildings, construction as per the law.

Section 2. IMPLEMENTATION

Article 85. Entry into force

1. This Decree comes into force from the day of signing.

2. This Decree replaces Decree No. 139/2017/ND-CP dated November 27, 2017 of the Government and Decree No. 21/2020/ND-CP dated February 17, 2020 of the Government on amendment to Decree No. 139/2017/ND-CP dated November 27, 2018 of the Government.

3. Annul Point b, Point c Clause 5 Article 17 of Decree No. 38/2021/ND-CP dated March 29, 2021 of the Government.

Article 86. Responsibilities for implementation

Ministers, heads of ministerial agencies, heads of Governmental agencies, Chairpersons of People’s Committees of provinces and central-affiliated cities and relevant agencies are responsible for the implementation of this Decree.