Decision No. 39/2005/QĐ-TTg on guiding the implementation of Article 121 of the Construction Law

DECISION OF THE PRIME MINISTER

Regarding the guidance on implementing Article 121 of the Construction Law

______________________________

PRIME MINISTER

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

Pursuant to the Construction Law dated November 26, 2003;

At the proposal of the Minister of Construction,

DECISION:

Article 1. Scope and regulated subjects

This Decision stipulates the handling of construction works currently existing within the territory of Vietnam but not in compliance with the provisions of the Construction Law, including construction works that comply with approved urban planning but are not in compliance with architectural requirements; construction works that do not comply with approved urban planning.

Article 2. Construction works currently existing that comply with urban planning but are not in compliance with architectural requirements

Construction works currently existing that comply with urban planning but are not in compliance with architectural and landscape regulations issued by competent authorities such as regulations on the form and volume of construction works, number of floors, facade architecture, building foundation level, first floor level, other levels; overhangs of balconies on the first floor, color of the construction work, roof of the construction work, and other regulations shall be allowed to exist in their current state. In cases where the owner of the construction work wishes to renovate, upgrade, or repair it, they must comply with the relevant provisions of the Construction Law and the architectural and landscape regulations of the area.

Article 3. Construction works currently existing that do not comply with urban planning

1. For the case where the entire construction work does not comply with urban planning, it shall be handled as follows:

a) In cases where urban planning is immediately implemented, the owner of the construction work must relocate to the planned area and be compensated according to the law.

b) In cases where urban planning has not yet been implemented, the construction work may continue to exist in its current state. If the owner wishes to repair, upgrade, or install internal equipment, they may do so without changing the architectural design, load-bearing structure, and safety of the construction work. In cases where repairs, upgrades, or renovations require a construction permit, the owner must apply for a temporary construction permit with a specified duration. Upon implementation of urban planning, the owner must demolish the construction work in accordance with the Construction Law.

2. For the case where only part of the construction work does not comply with urban planning, it shall be handled as follows:

a) In cases where urban planning is immediately implemented, the owner of the construction work must demolish the non-compliant portion and be compensated according to the law. The remaining land area may be constructed but must comply with urban planning, architectural and landscape regulations of the area, construction standards, and specific handling measures as follows:

- If the remaining land area is less than 15 m² with a frontage width or depth from the building boundary less than 3 m, construction is not permitted.

- If the remaining land area is from 15 m² to less than 40 m² with a frontage width of 3 m or more and a depth from the building boundary of 3 m or more, construction up to two stories is permitted.

- Other cases are permitted to construct but must comply with approved urban planning.

b) In cases where urban planning has not yet been implemented, the construction work may continue to exist in its current state. If the owner wishes to upgrade, repair, or renovate the non-compliant portion, they must apply for a temporary construction permit with a specified duration. If the owner wishes to upgrade, renovate, or construct anew in the portion that does not violate urban planning and meets the conditions set out in point a of this clause, they must apply for a construction permit in accordance with the Construction Law. Upon implementation of urban planning, the owner must comply with the provisions set out in point a of this clause.

Article 4. Implementation

1. People's Committees at all levels, based on their assigned functions and tasks, shall be responsible for:

a) Reviewing and compiling a complete list of construction works and areas that do not comply with urban planning and architectural and landscape regulations already approved within their jurisdiction and developing plans for handling them in accordance with the law.

b) Reviewing and compiling lists of areas that have urban planning but lack architectural and landscape regulations to issue them within their authority.

c) Organizing the development and publication of urban planning in accordance with the Construction Law for areas that do not have urban planning.

d) Organizing meetings with residential wards and communities to publicly disseminate national policies, regulations regarding the implementation of this Decision; publicly announcing construction works within the demolition area and compensation levels for immediate demolition.

2. Provincial People's Committees shall be responsible for organizing and directing district and commune People's Committees to implement this Decision. The Ministry of Construction shall be responsible for monitoring, guiding, urging localities to implement this Decision and compiling reports to the Prime Minister.

Article 5. Implementation Provisions

This decision shall take effect fifteen days from the date of publication in the Official Gazette.

2. Ministers, Heads of ministerial-level agencies, Heads of agencies under the Government, Chairmen of provincial People's Committees directly under the Central Government shall be responsible for enforcing this Decision.