Chương III Nghị định 64/2012/NĐ-CP: Quản lý trật tự xây dựng theo giấy phép xây dựng

Chapter 3.

CONSTRUCTION ORDER MANAGEMENT UNDER CONSTRUCTION PERMITS

Article 16. Construction order management

Contents of the construction permit as a basis for construction order management include:

1. For works granted construction permits:

The management of construction order is based on the contents stated in the construction permit granted and the provisions of this Decree.

2. For the works exempted from construction permits:

a) The management of construction order is based on the approved construction plans and the provisions of other relevant laws. Where urban construction is made, it must also be based on the approved urban design;

b) The management content of construction order for the works to be exempted from construction permits is consideration of compliance with construction planning, urban design (if any) approved and meeting of the regulations on red line, construction boundaries; assurance of work safety and adjacent works; clearance limit; waterway; environmental safety conditions, fire prevention and fighting, technical infrastructure (such as transport, electricity, water, communication), protection corridor of irrigation works, dikes, energy, transport, cultural heritage zones, historical, cultural relics and assurance of the distance to combustible, explosive, toxic works.

Article 17. Inspection and examination

1. State management agencies for construction, the provincial-level People's Committees are responsible for directing the construction-specialized inspection agencies to make plan of inspection, examination of the implementation of the construction order in the areas according to provisions of this Decree and handle violations or propose the competent agencies to handle in accordance with current regulations.

2. Construction inspectorates at all levels and district-level construction order management agencies according to decentralization are responsible for presiding over and coordinating with the concerned agencies to inspect, examine the construction on the basis of the grounds specified in this Decree.

3. For works of state secrets, the inspection and examination shall comply with the provisions of the Government on management of specific work construction investment.

Article 18. Handling of violations

1. The handling of violations for construction works without construction permits, built wrongly compared with the permit granted, construction not in accordance with the construction planning and not in accordance with the other provisions of the law are made in accordance with the Government's provisions on handling of violations of urban construction order and the sanctioning of administrative violations in the construction activities.

2. Revocation of construction permits:

The cases to be revoked the granted construction permits:

a) Construction permits issued not in accordance with current regulations;

b) After six months from the date of renewal of construction permits that investors have not yet started the construction of works;

c) Beyond the time limit stated in the document of handling violations for the case of the wrong construction compared with construction permits granted that the investors have not taken remedy measure of the violation as required by the competent authority.

3. Cancelation of construction permits:

After 10 working days from the date of the decision to revoke construction permit made by the competent authority for the cases specified in Clause 2 of this Article, if the investor fails to return the construction permit to the licensing agency, the licensing agency or competent agency shall issue decision to cancel construction permit, and notify the commune-level People's Committee and post on the web page of the Department of Construction.