📋 Tender Overview
The Ministry of Construction is drafting a Decree regulating penalties for administrative violations in construction to replace Decree No. 16/2022/ND-CP. The Ministry of Construction proposed new regulations on sanctioning administrative violations in construction. The Ministry of Construction said that the development and promulgation of Decree No. dated January 28, 2022 of the Government regulating the sanctioning of administrative violations in construction has created a legal basis for handling administrative violations in construction, thereby contributing to improving the efficiency of state management. Decree No. 16/2022/ND-CP specifically and clearly stipulates violations and sanctions, and also clearly stipulates the statute of limitations for sanctioning administrative violations, determining the time to calculate the strict statute of limitations to help local agencies and people with sanctioning authority limit errors, ensure full, transparent and fair application of the law, bringing educational and deterrent effects. After more than 02 years of implementation Decree No. 16/2022/ND-CP, the handling of administrative violations in construction has achieved positive results, violations are handled promptly in accordance with the prescribed order and procedures; The awareness of law observance of organizations and individuals has been raised. The sanctions in the Decree are basically consistent with the actual situation, covering all areas of state management of the Ministry of Construction; The level of fines is generally consistent with the current socio-economic life situation. Although certain results have been achieved, however, in the process of implementing Decree No. 16/2022/ND-CP, some problems and problems have arisen that need to be researched, amended and supplemented to ensure compliance with practical requirements such as: difficulties in determining the time to stop violations; The time limit for violating organizations and individuals to carry out procedures for applying for and adjusting construction permits for construction investment projects is still inappropriate; Some areas of sanctions are not yet covered, sanctions for some administrative violations are not strong enough, not enough to deter, fines are low, some remedial measures are not yet feasible and difficult to implement. According to the Ministry of Construction, the development and promulgation of a Decree regulating penalties for administrative violations in construction (replacing Decree No. 16/2022/ND-CP) is necessary and has a basis to ensure compliance with organizations. organizational structure after being arranged and the 02-level local government model; At the same time, create a synchronous, unified, tight and feasible legal corridor in detecting, preventing and promptly handling violations of construction laws, improving the efficiency and effectiveness of state management of the Ministry of Construction. The draft Decree includes 97 articles, divided into 12 chapters. The Ministry of Construction said that it has reorganized the draft Decree by grouping administrative violations, sanctions and remedial measures into chapters according to management functions. State of the Ministry of Construction (construction segment) is stipulated in Decree No. 33/2025/ND-CP dated February 25, 2025 of the Government regulating the functions, tasks, powers and organizational structure of the Ministry of Construction including: Construction planning; architecture; construction investment activities; urban development; technical infrastructure; housing; real estate and construction materials market. For chapters with many violations, the content is divided into sections according to the order of specialized laws to ensure full regulation of violations according to specialized laws, clear application subjects, ensuring scientificity, consistency, ease of search and application such as: Chapter on construction investment activities: divide sections according to the order of the process of conducting construction investment activities prescribed in the Construction Law; Clearly identify the subject to be sanctioned in each clause. Chapter on housing and real estate market: divided into sections according to the order specified in the Housing Law 2023, Real Estate Business Law 2023; clearly identify the subject to be sanctioned in each clause. The draft Decree includes 97 articles, divided into 12 chapters. Basically, the draft Decree has amended and supplemented regulations on violations to be consistent with newly promulgated specialized legal documents (Housing Law, Real Estate Business Law, Urban and Rural Planning Law); Amend the positions with authority to sanction administrative violations in construction and apply remedial measures, the level of fine corresponding to each position on the basis of provisions in the Law on Handling of Administrative Violations and Chapter II of Decree No. 189/2025/ND-CP. Regarding the principles of sanctioning According to the Ministry of Construction, Article 6 of Decree No. 16/2022/ND-CP stipulates Organizations and individuals who have acts of opposing or obstructing people If performing the task of sanctioning administrative violations of construction as stipulated in this Decree, they will be sanctioned for administrative violations according to the form and level of fines for acts of opposing or obstructing people performing public duties as prescribed in the Governments decree on sanctioning of administrative violations in the field of security, order and social safety. Now, Clause 1, Article 4 of the draft Decree is amended to read Organizations and individuals who have acts of opposing or obstructing people performing official duties in handling administrative violations of construction. regulations in this Decree will be subject to administrative penaltiesaccording to the Governments regulations on sanctioning administrative violations in the field of secur
