Decree No. 180/2007/ND-CP provides detailed regulations and guidance on implementing certain provisions of the Construction Law regarding the handling of violations of urban construction order.

DECREE

Detailed regulations and guidance on implementing certain provisions of the Construction Law regarding handling violations of urban construction order.

______________________

THE GOVERNMENT

Pursuant to the Law on Organization of the Government dated December 25, 2001;

Pursuant to the Construction Law dated November 26, 2003;

Considering the proposal of the Minister of Construction,

DECREE:

Chapter I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Decree specifies detailed regulations and provides guidance on handling violations of urban construction order as stipulated in Clause 1, 2, 4, 5, and Clause 6, Article 10; Clause 5, Article 67; Article 86; Article 94; and Clause 2, Article 120 of the Construction Law.

Article 2. Applicability

1. Organizations and individuals engaged in construction activities that commit violations of urban construction order.

2. Officials, civil servants, and employees assigned to manage urban construction order and other related organizations and individuals.

Article 3. Principles for Handling Violations

1. Construction works or parts thereof (hereinafter referred to as construction works) violating urban construction order must be promptly detected, stopped, and thoroughly dealt with.

2. Organizations and individuals participating in construction activities at construction works violating urban construction order and organizations and individuals assigned responsibility for managing urban construction order who allow such violations to occur shall be subject to the provisions of this Decree and relevant laws.

Article 4. Measures for Handling Violations of Urban Construction Order

Violations of urban construction order must be handled through one or more of the following forms:

1. Suspension of construction work.

2. Cease construction work, apply measures to stop power and water supply: notify competent authorities not to provide electricity and water services, business operations, and other services to the construction work in violation.

3. Forced demolition of construction work in violation.

4. Compel compensation for damages caused by administrative violations.

5. Administrative penalties for violations in construction activities. In cases of serious violations, criminal proceedings may also be initiated according to criminal law provisions.

6. In addition to the handling measures specified in Clauses 1, 2, 3, 4, and 5 of this Article, the project owner, construction contractor, design consultant, and construction supervision consultant involved in construction work violating urban construction order shall also have their names published on the Ministry of Construction's website and announced through mass media.

Article 5. Construction Works Violating Urban Construction Order

Construction works violating urban construction order must be handled according to the provisions of this Decree, including:

1. Construction works required by law to have a Construction Permit but lack such a permit.

2. Construction works that deviate from the contents of the Construction Permit issued by the competent authority.

3. Construction works that differ from the approved design reviewed and approved by the competent authority; or deviate from the approved detailed construction plan at a scale of 1/500 (for construction works exempted from obtaining a Construction Permit).

4. Construction works affecting the quality of adjacent works; impacting the environment and community.

Chapter II

RESPONSIBILITIES FOR ENSURING URBAN CONSTRUCTION ORDER

Article 6. Responsibilities of Project Owners

1. Strictly comply with all legal provisions concerning construction.

2. Immediately cease construction work and self-demolish construction works in violation upon receipt of a suspension notice.

3. Bear all costs incurred in forced demolition if subjected to such action.

4. Compensate for damages caused by their own violations; if serious consequences result, they will also face criminal liability under criminal law provisions.

5. Other responsibilities as stipulated by law.

Article 7. Responsibilities of Construction Contractors

1. Strictly comply with all legal provisions concerning construction.

2. Cease construction works upon issuance of a stop-work order.

3. Compensate for damages caused by violations.

4. Other responsibilities as prescribed by law.

Article 8. Responsibilities of Design Consulting Contractors and Construction Supervision Consulting Contractors

1. Responsibilities of Design Consulting Contractors

a) Comply with all legal provisions regarding design of construction projects;

b) Ensure that project designs conform to approved urban planning schemes.

2. Responsibilities of Construction Supervision Consulting Contractors

a) Strictly comply with legal regulations on construction; refrain from supervising construction of projects specified in Article 5 of this Decree;

b) Identify and require the project owner and construction contractors to strictly adhere to designs that have been reviewed and approved by competent authorities;

c) During supervision, if discovering that the project owner or construction contractor deviates from the approved design, report such violations to the responsible authority for handling;

In cases where there is collusion or allowing the project owner or construction contractor to deviate from the approved design causing serious consequences, they shall be subject to criminal penalties as prescribed by law.

Article 9. Responsibilities of Public Security Agencies, Utilities Providers, and Related Authorities

1. The head of public security agencies at commune, ward, town level has the responsibility to cooperate with authorized construction inspectors in handling violations of urban construction order, strictly implementing requirements in orders to halt construction and forced demolition issued by competent authorities; failure to implement or tolerating violations leading to continued construction will result in legal sanctions, which may include criminal penalties if serious consequences occur.

2. The heads of enterprises and individuals providing electricity, water, and other services related to construction projects violating urban construction order must strictly and timely implement requirements in orders to halt construction and forced demolition issued by competent authorities; failure to implement, delayed implementation, or tolerating violations will result in legal sanctions, which may include criminal penalties if serious consequences occur.

Article 10. Responsibilities of Heads of Authorities with Competence to Manage Urban Construction Order

1. Chairpersons of People's Committees at commune, ward, town level (referred to as commune level)

a) Urge and inspect the situation of urban construction order within their jurisdiction, promptly issue orders to halt construction and forced demolition of projects violating urban construction order within their authority;

b) Handle subordinates assigned tasks in managing urban construction order who fail to perform their duties;

c) Be responsible for the situation of violations of urban construction order within their jurisdiction;

2. Chairpersons of People's Committees at district level

a) Urge and inspect Chairpersons of People's Committees at commune level in performing management of urban construction order within their jurisdiction; promptly issue orders for forced demolition of projects violating urban construction order within their authority;

b) Handle Chairpersons of People's Committees at commune level and subordinates assigned tasks in managing urban construction order who fail to perform their duties;

c) Be responsible for the situation of violations of urban construction order within their jurisdiction;

d) Recommend Chairpersons of People's Committees at provincial level to adopt necessary and appropriate measures to effectively manage urban construction order.

3. Chairpersons of People's Committees at provincial level

a) Issue regulations and measures to address and rectify situations of violations of urban construction order. Decide on administrative penalties within their authority;

b) Handle Chairpersons of People's Committees at district level and subordinates assigned tasks in managing urban construction order who fail to perform their duties;

c) Be responsible for the situation of urban construction order within their provincial jurisdiction.

4. Authorities with Competence to Manage Urban Construction Order

a) The Director of the Construction Department's Inspectorate is responsible for inspecting, urging, and monitoring the situation of urban construction order within their jurisdiction, recommending the Director of the Construction Department to report and propose measures to the People's Committee at provincial level to correct and rectify;

b) The Director of the Construction Department, the Director of the Construction Department's Inspectorate, the Director of Construction Inspection at district and ward levels (if applicable), the District Urban Management Office (if applicable), and heads of other agencies assigned tasks in managing urban construction order are responsible for the situation of violations of urban construction order within their jurisdiction; handle subordinates assigned tasks in managing urban construction order who fail to perform their duties.

Article 11. Responsibilities of officials, civil servants, and inspectors assigned tasks to manage urban construction order

1. Timely inspect, detect, and report violations of urban construction order within the assigned management area, or take immediate measures to handle violations of urban construction order within their authority.

2. Bear responsibility for direct or indirect errors in managing urban construction order. In cases where a Construction Permit is issued incorrectly, issued late beyond the time limit prescribed by law, decisions are made incorrectly, decisions are made without proper authority, no decision is made, or a decision is made late compared to the time stipulated in this Decree for urban construction order violation projects, compensation for damages must be provided. If serious consequences result, criminal liability shall also be imposed according to criminal law provisions.

Chapter III

HANDLING OF URBAN CONSTRUCTION ORDER VIOLATION PROJECTS

Article 12. Handling of construction projects without a Construction Permit

1. Construction projects that must have a Construction Permit, when constructed without such a permit, except for cases specified in Clause 2 of this Article, shall be handled as follows:

a) Prepare a record to stop construction work, and require the project investor to demolish the construction project violating urban construction order on their own;

b) If the project investor does not stop construction work, they shall be ordered to halt construction work, forced to demolish the construction project violating urban construction order; at the same time, measures to stop the provision of electricity, water, and other services related to construction shall be applied; transportation vehicles carrying materials and workers for construction work shall be prohibited from entering the site;

c) Forced demolition shall be carried out if the project investor fails to implement the decision to stop construction work. The project investor shall bear full responsibility for all costs associated with preparing a demolition plan (if applicable), as these costs are incurred due to forced demolition.

2. For construction projects without a Construction Permit but meeting conditions for obtaining a Construction Permit as prescribed, handling shall be as follows:

a) Construction projects must be recorded to stop construction work, and the project investor must complete procedures to obtain a Construction Permit, including projects that comply with approved planning positions; construction projects on residential land with Land Use Right Certificates and House Ownership Certificates, complying with construction planning; new construction on old foundations or renovation of existing residences in compliance with construction planning; construction projects on land meeting conditions for issuing Land Use Right Certificates under land law regulations;

b) If the project investor does not stop construction work, the project must be ordered to halt construction work, required to apply for a Construction Permit, and measures prescribed in point b of Clause 1 of this Article shall be applied simultaneously.

Within a maximum period of 60 days from the date of the decision to stop construction work, if the project investor does not present a Construction Permit issued by the competent authority, forced demolition shall be carried out;

c) After obtaining a Construction Permit, if the project has been constructed contrary to the contents of the Construction Permit, the project investor must demolish the parts that deviate from the Permit's contents on their own. After self-demolishing the parts that deviate from the Construction Permit's contents, the project investor may continue construction work.

If the project investor does not demolish the parts that deviate from the Construction Permit's contents on their own, forced demolition shall be carried out according to Article 24 of this Decree, and the project investor shall bear full responsibility for all costs associated with forced demolition organization;

d) If the project investor is denied issuance of a Construction Permit or does not have a Construction Permit after the deadline specified in point b of Clause 2 of this Article, the project investor must demolish the violating construction project on their own. If the project investor does not demolish it themselves, forced demolition shall be carried out, and the project investor shall bear full responsibility for all costs associated with forced demolition organization.

Article 13. Handling Construction Works Contravening the Content of the Construction Permit

Construction works contravening the content of the Construction Permit issued by the competent authority shall be handled as follows:

1. A record of cessation of construction work shall be established, and the owner of the project shall be required to demolish the part of the construction work that contravenes the content of the Construction Permit.

2. In cases where the owner of the project does not cease construction work, the construction work must be suspended, and the owner of the project shall be compelled to demolish the part of the construction work that contravenes the content of the Construction Permit; at the same time, measures prescribed in point b, Clause 1, Article 12 of this Decree shall be applied.

3. In cases where the owner of the project does not demolish the part of the construction work that contravenes the content of the Construction Permit, forced demolition shall be carried out. The owner of the project shall bear full responsibility for all costs associated with organizing the forced demolition. Depending on the degree of violation, the owner of the project may also have to compensate for damages caused by the violation.

Article 14. Handling construction works contravening design or detailed construction planning at a scale of 1/500 that has been reviewed or approved by the competent authority for cases exempted from obtaining a Construction Permit

1. Construction works violating urban construction order as follows must be recorded to stop construction work and require the owner of the project to self-demolish:

a) Construction works belonging to projects for constructing works that contravene the basic design or technical design reviewed and approved by the competent state agency;

b) Construction works belonging to new urban area, industrial zone, residential area projects that contravene the detailed construction planning at a scale of 1/500 that has been approved.

2. In cases where the owner of the project does not stop construction work, construction work must be suspended, and the owner of the project shall be compelled to self-demolish the violating construction work, while measures prescribed in point b, Clause 1, Article 12 of this Decree shall be applied.

3. In cases where the owner of the project does not self-demolish the violating construction work, the construction work must be forcibly demolished. The owner of the project shall bear full responsibility for all costs associated with formulating the demolition plan and organizing the forced demolition.

Article 15. Handling Construction Works Affecting the Quality of Adjacent Works; Affecting the Environment and Community

1. In cases where construction works cause subsidence, cracking, leakage, seepage, or pose a risk of collapse to adjacent works, construction work must be stopped to implement compensation for damages:

a) Compensation for damages shall be agreed upon between the owner of the project and the party suffering damage; if the parties cannot reach an agreement, the damaged party has the right to initiate a lawsuit for compensation before the court;

b) Construction work can only resume when the parties reach an agreement on compensation for damages.

2. In cases where construction works cause environmental pollution in the surrounding area, leaving materials and equipment that obstruct public traffic, construction work must be stopped; the owner of the project and the contractor must take measures to remedy the consequences; construction work can only resume when the owner of the project and the contractor have completed remedying the consequences, compensating for damages, and ensuring no impact on the surrounding environment.

3. In cases where the owner of the project and the construction contractor fail to comply with the provisions of Clauses 1 and 2 of this Article, construction work must be suspended, and measures prescribed in point b, Clause 1, Article 12 of this Decree shall be applied until the owner of the project and the construction contractor complete remedying the consequences and compensating for damages.

Chapter IV

COMPETENT AUTHORITY TO HANDLE VIOLATIONS OF URBAN CONSTRUCTION ORDER

Article 16. Competence of Inspectors and Construction Management Officers at Commune Level

1. Prepare records to halt construction works, request the project owner to demolish the violating construction work themselves.

2. Recommend the Chairman of the People's Committee at the commune level to decide on halting construction works or forcibly demolishing violating construction works within their jurisdiction.

Article 17. Competence of the Chairman of the People's Committee at the Commune Level in Handling Violations of Urban Construction Order

1. Decide to halt construction works for violating construction projects under their management; decide to forcibly demolish violating construction projects under their management except those specified in Clause 1, Article 18 of this Decree.

2. Organize the implementation of forced demolition of all violating construction projects according to decisions made by the Chairman of the People's Committee at the commune level, the Chairman of the People's Committee at the district level, and the Director of the Construction Inspection Department.

3. Discipline officers under their charge responsible for urban construction order who fail to promptly handle violations or tolerate and cover up such violations.

4. Recommend the Chairman of the People's Committee at the district level to handle cases of urban construction order violations exceeding the competence of the Chairman of the People's Committee at the commune level; discipline officers involved in urban construction order management under the jurisdiction of the Chairman of the People's Committee at the district level.

Article 18. Competence of the Chairman of the People's Committee at the District Level in Handling Violations of Urban Construction Order

1. Decide to forcibly demolish construction projects violating urban construction order that have been granted construction permits by the People's Committee at the district level or the Construction Department, and have been decided to halt construction by the People's Committee at the commune level.

2. Direct the Chairman of the People's Committee at the commune level to organize the implementation of forced demolition of violating construction projects according to decisions made by the Chairman of the People's Committee at the district level and the Director of the Construction Inspection Department.

3. Discipline the Chairman of the People's Committee at the commune level and officers under their charge responsible for urban construction order who fail to promptly handle violations or tolerate and cover up such violations.

Article 19. Competence of the Chairman of the People's Committee at the Provincial Level in Handling Violations of Urban Construction Order

1. Issue regulations and decisions aimed at preventing and rectifying situations of violations of urban construction order within their jurisdiction.

2. Issue decisions to handle the Chairman of the People's Committee at the district level and officers under their charge responsible for urban construction order who fail to promptly handle violations or tolerate and cover up such violations.

Article 20. Competence of the Head of the Specialized Department Assisting the People's Committee at the District Level in Managing Urban Construction or the Director of the Construction Inspection Department at the District Level (if any) in Handling Violations of Urban Construction Order

1. Request the Chairman of the People's Committee at the commune level to issue decisions to halt construction works and to forcibly demolish violating construction works within their jurisdiction when the Chairman of the People's Committee at the commune level fails to issue them in a timely manner; simultaneously, recommend the Chairman of the People's Committee at the district level to impose disciplinary measures against the Chairman of the People's Committee at the commune level.

2. Submit to the Chairman of the People's Committee at the district level for issuing decisions to handle violations exceeding the competence of the Chairman of the People's Committee at the commune level; submit to the Chairman of the People's Committee at the district level for issuing decisions to forcibly demolish violating construction projects within their jurisdiction.

3. Issue decisions to halt construction works for violating construction projects that the People's Committee at the commune level fails to handle in a timely manner.

Article 21. Competence to handle violations of urban construction order of the Director of the Construction Department's Inspectorate

1. Deciding to suspend construction works and forcibly demolish construction projects violating urban construction order issued by the Construction Department or the People's Committee at district level in cases where the People's Committee at district level fails to manage strictly and does not issue decisions in a timely manner.

2. Recommending the Chairman of the People's Committee at provincial level to handle the Chairman of the People's Committee at district level, organizations, and individuals assigned to manage urban construction order for occurring violations.

Chapter V

PROCEDURE AND PROCEDURAL REQUIREMENTS FOR HANDLING VIOLATIONS OF URBAN CONSTRUCTION ORDER

Article 22. Establishing a record of suspension of construction work

1. The construction inspector or the construction management officer at commune level shall promptly detect violations of construction laws within their jurisdiction; establish a violation record of suspending construction work and require the project owner to implement the contents recorded in the record.

2. The record of suspension of construction work must clearly state the nature of the violation and measures for handling; it must be immediately sent to the Chairman of the People's Committee at commune level for reporting.

3. In case the project owner is absent or intentionally absent, the record still has legal effect.

4. The form and content of the record of suspension of construction work shall follow the model prescribed in Appendix I of this Decree.

Article 23. Suspension of construction work

1. Within 24 hours from the establishment of the record of suspension of construction work, if the project owner continues construction without implementing the contents in the record, the Chairman of the People's Committee at commune level shall issue a decision to suspend construction work and compel the project owner to implement the contents in the record of suspension of construction work.

2. Within 24 hours from the issuance of the decision to suspend construction work by the People's Committee at commune level, relevant agencies must organize implementation:

a) The Chairman of the People's Committee at commune level shall organize forces to prohibit transportation vehicles carrying materials and workers from entering the construction site of the violating project.

b) The person authorized to sign contracts for electricity, water supply, and related services shall cease providing these services to the violating construction project.

3. In case the project owner is absent or intentionally absent, the decision to suspend construction work remains valid.

4. The form and content of the decision to suspend construction work shall follow the model prescribed in Appendix II of this Decree. For decisions issued by the Director of the Construction Department's Inspectorate at district level and the Director of the Construction Department's Inspectorate, they shall follow the models prescribed in Appendices III and IV of this Decree.

Article 24. Forced demolition of violating construction projects

1. The People's Committee at commune level shall issue a decision on forced demolition and organize its execution:

a) Three days after the decision to suspend construction work is issued for construction projects that do not require a demolition plan (excluding holidays);

b) Ten days after the decision to suspend construction work is issued for construction projects that require a demolition plan but the project owner does not implement the contents recorded in the record of suspension of construction work.

2. The project owner must bear all costs for preparing the demolition plan and organizing the forced demolition.

3. For construction projects violating urban construction order issued by the People's Committee at district level or the Construction Department, within 24 hours from the issuance of the decision to suspend construction work by the People's Committee at commune level, the People's Committee at commune level shall submit the file to the Chairman of the People's Committee at district level. Within three days from receiving the file, the Chairman of the People's Committee at district level must issue a decision on forced demolition. The Chairman of the People's Committee at commune level shall be responsible for organizing the forced demolition.

4. In cases where the suspension of construction work compels the project owner to apply for a construction permit as stipulated in Clause 2, Article 12 of this Decree, the deadline for issuing a decision on forced demolition shall be as stipulated in Clause 2, Article 12 of this Decree. The People's Committee at commune level shall issue a decision on forced demolition and organize its execution. The project owner must bear all costs for organizing the forced demolition.

5. In case the project owner is absent or intentionally absent, the decision on forced demolition must still be organized and implemented.

6. The form and content of the decision on forced demolition of construction projects shall follow the model prescribed in Appendix V of this Decree. For decisions issued by the Director of the Construction Department's Inspectorate, they shall follow the model prescribed in Appendix VI of this Decree.

Article 25. Demolition Plan for Urban Construction Violations

1. The demolition of construction works must have a plan to ensure safety during the demolition process. For construction works that require approval of a demolition plan, such plan must be prepared by the investor; in cases where the conditions to prepare a demolition plan are not met, the investor must hire a consulting organization with the necessary capacity to prepare it. In cases of forced demolition, the authority issuing the forced demolition decision shall designate a consulting organization to prepare the demolition plan, and the investor shall bear all costs related to preparing the demolition plan.

2. Contents of the Demolition Plan

The demolition plan must include measures and procedures for demolition, equipment and machinery for demolition purposes, protective measures to ensure safety of lives and property, public order, and environmental hygiene; the sequence, progress, and budget for demolition. The demolition plan must be approved by a specialized agency under the People's Committee of the district, except in cases provided for in Clause 3 of this Article.

3. Cases Not Requiring Approval of a Demolition Plan

a) Temporary construction works;

b) Parts of construction works or construction works with a height of up to 3 meters above ground level;

c) Foundations of construction works made of brick or stone; independent concrete foundations not connected to adjacent construction works.

4. Organizations conducting demolition must meet the capacity requirements stipulated by law. In cases where a demolition plan does not need to be prepared, the demolition must ensure safety for people, property, and environmental hygiene.

Chapter VI

IMPLEMENTING PROVISIONS

Article 26. Propaganda and Dissemination of the Decree

The provincial People's Committee is responsible for:

1. Organizing propaganda and dissemination of this Decree to inform the public and encourage compliance.

2. Directing and coordinating with Radio Stations, Television Stations, central and local press agencies to report and promote achievements of organizations and individuals in detecting violations of urban construction order; at the same time, naming investors, contractors, design consultants, and construction supervision consultants who violate urban construction order along with measures for handling such violations.

3. Sending documents to management agencies of organizations and individuals who violate urban construction order and requesting heads of these agencies to take appropriate measures according to the law.

Article 27. Effective Date

This Decree shall take effect fifteen days after its publication in the Official Gazette.

The Ministry of Construction is responsible for inspecting the implementation of this Decree.

Article 28. Responsibility for Implementation

The Ministers, Heads of ministerial-level agencies, Heads of government-attached agencies, Chairpersons of provincial People's Committees under the central city shall be responsible for implementing this Decree./.