IT ' S SMART

Detailed rules and guidelines that implement some of the provisions of the Digital Protocol 121 /2013/NĐ-CP

October 10, 2013 by the Government rules sanctions on the administrative breach in operation

building of construction; real estate business; mining, manufacturing, building materials business; and more.

management of the technical infrastructure; management of home development and jobs in

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Base of Protocol 62 /2013/NĐ-CP June 25, 2013 by the Government stipulated the functions, duties, powers, and organizational structure of the Ministry of Construction;

Base of Protocol 180 /2007/NĐ-CP December 7, 2007 of the Government rules the details and guidelines of some of the provisions of the Building Law on the Disposal Of Municipal Order Violations;

Base of Protocol 81 /2013/NĐ-CP July 19, 2013 by the Government of the Government rules out certain things and measures the implementation of the Administrative Violation Disposal Law;

Base of Protocol 121 /2013/NĐ-CP 10 October 2013 The Government provides for administrative violation of administrative violations in construction activities; property business; exploitation, manufacturing, building materials business; management of engineering infrastructure; management of home and public development; and the management of the government.

At the request of the Chief Inspector.

The Minister for Construction of the Board of Issuing Regulatory details some of the provisions of the Protocol 121 /2013/NĐ-CP of the Government.

What? 1. On the time of the statute of conduct violation in the construction operation stipulated at Point A 3 Article 4 Protocol No. 4 121 /2013/NĐ-CP

1. The time of the delivery, the use of the specified use is as follows:

a) For the state capital use process is the date of the receipt of the completed record receipt of the work item, the construction work to put into use or the date of the owner of the table table editor for the manager, the owner of the work;

b) For other capital use is the day of work, the work item entered into use.

2. For the project to have many works, the work category is the time for the execution of the administrative breach charged with each of the work, the work category.

What? 2. On the application of the remediation measure which forced the construction of construction work, the construction work department.

1. The application of regulation at paragraph 10 Article 13, point d 8 Article 16, point b 2 Articles 42, point b 4 Articles 46, point b 5 Articles 49, point b 4 Article 53 and point b 6 Article 55 of the Fifth Protocol 121 /2013/NĐ-CP following the following sequence:

a) Upon the discovery of administrative violations, the competent authority stipulated at Article 59 of the number. 121 /2013/NĐ-CP known as the following: administrative violations are being made, compiled by the No. 01 version, the administrative breach is over, and the compiled version of the 2nd ed.

b) Within the 24-hour period since the establishment of the foundation, the organization, the individual continues to perform violations of the violation of the authority stipulated at Article 17, Article 20 and Article 21 No. 21. 180 /2007/NĐ-CP is responsible for the decision to enact a suspension of the construction work under Annex II, Annex III, and Appendix IV issued with the Digital Protocol. 180 /2007/NĐ-CP;

c) In the 7-day period since the date of the administrative breach of the administrative breach (except for the case of a complex case under the provisions of the Administrative Breach Disposal Law), the person with the authority to execute the administrative charge has the decision to enact a decision to punish the administrative violation. The number 02 decision template issued with the Digital Protocol. 81 /2013/NĐ-CP of the Government of the Government to detail certain things and measures the implementation of the Administrative Breach Disposal Law. The person with a charge of the trial is responsible for sending the decision to sentence the administrative violation to the organization, the individual violation by regulation at Article 70 Administrative breach of the Administrative Disposal Laws;

d) The expiration of the statute of limitations on Article 73 of the Administrative infringes of the organization, the individual violated the decision to punish the administrative penalty, and the authority of the court to enforce the decision. Number 06 issued by Decree Number 6. 81 /2013/NĐ-CP, And then inform the Chairman of the Committee of the People's Committee to enact the demolition of the demolition. In the 01-day period since the date of the announcement, the Chairman of the People's Committee was responsible for the decision to forcibly dismantle it;

For the construction of the jurisdiction of the construction permit issued by the District People's Committee or the Construction Department, there is a court of law to be sent to the Chairman of the District People's Committee to enact the decision to resist the demolition. For the 2 days period since the date of receiving the file, the Chairman of the District People's Committee was responsible for the decision to forcibly dismantle the demolition.

2. The case of administrative breach of conduct has run out of the statute of sanctions under regulation at Article 4 of the number 121 /2013/NĐ-CP then the act is as follows:

a) The person who has the authority to compile the compiled Form No. 02 issued this message and moved immediately to the Chairman of the People's Composition Committee where there is a breach of the breach. For a period of 5 days (for the work not to be demolished), 12 days (for the construction of the demolition method) since the date of the receipt by which the owner of the investment failed to complete the demolition of the breach, the Chairman of the People's Social Committee. issued the decision to forcibly destroy the specified case at this point b;

b) For the construction of the authority under the jurisdiction of the construction permit of the District People's Committee or the Construction Department, who has the authority to compile the compiled Form No. 02 issued by this Information. In the 2 days period since the date of the border, the People's Committee of the People's Committee, where there is a violation of the case, has to move the profile to the Chairman of the District People's Committee. In the three-day period since the date of the adoption, the Chairman of the District People's Committee was responsible for the decision to forcibly dismantle the breach of the breach, which was transferred to the Chairman of the Executive Committee.

3. In the course of the 07 days since the expiration of the statute of limitations on Clause 1, Clause 2 of which the Chairman of the People's Committee of the People's Committee not issued a decision to forcibly dismantle it, the Chairman of the District Committee on the Board is responsible for the decision to forcibly destroy it. Take it The chairman of the Social People ' s Committee must be dealt with for not issuing a timely timely decision at the Digital Protocol. 180 /2007/NĐ-CP.

For the duration of the 07-day period since the expiration of the statute of limitations on Clause 1, Clause 2 of which the Chairman of the Committee of the District of the District does not have the decision to forcibly dismantle it, the Chief Inspector of the Construction Department decided to forcibly dismantle it. The chairman of the District People ' s Committee must be treated for not issuing a timely decision by regulation at the Digital Protocol. 180 /2007/NĐ-CP.

4. The decision to forcibly remove the pattern in Appendix V or Appendix VI issued with the Digital Protocol 180 /2007/NĐ-CP.

5. infringed on the urban area of the urban area, and in the form of a suspension of the construction work, the decision to forcibly dismantle the construction of the building violated the "Urban" vote.

What? 3. On the handling of the subsiduation construction process, cracking, damaged neighboring work, at risk of collapsing or causing a collapse of the regulatory process at Clap 2, Clause 4 Articles 13; Clap 2, Clause 5 Articles 121 /2013/NĐ-CP

1. Organization, individuals with organizational behaviour, construction of a regulatory breach of the construction of subsiduation, cracking, and corrupt structures (including engineering infrastructure); there is a risk of collapse or collapse of adjacent structures. It is in accordance with Article 2, paragraph 4 Article 13; paragraph 2, paragraph 5 Article 27 Protocol 121 /2013/ND-CP, And at the same time, it was suspended for compensation in accordance with the provisions of Article 15 of the United States. 180 /2007/NĐ-CP according to the sequence, the procedure is as follows:

a) After the receipt of the administrative breach was established, if the breach and the side were unsatisfactory and the one party had a request, the Chairman of the People's Committee presided over the agreement of the reparation agreement between the breach and the damage. Oh, At the end of the seven-day period since the first day of the agreement failed or the party suffered from the end of the first agreement without a significant cause, the Chairman of the Comiyuan Committee held a second deal. At the second deal the damage continued without a significant reason, the breach was resumed after the transfer of the equivalent of the damage to the bank's bail. The chairman of the Social People ' s Committee decided the level of bail bail at the request of the damaged party, which is considering the offer, the breach of the breach;

b) The second case of agreement is not established, the two parties united to invite an independent, legal organization to determine the extent of the damage as a compensation basis. During the period of 7 days that the two sides did not agree to invite the organization to govern, the Chairman of the Social People's Committee decided to invite an organization to be determined by the cost of the breach.

c) In the 7-day period that one of the parties does not agree with the results of the organization, the party has the right to invite another organization.

And pay the costs. This result is the basis for determining compensation. The other case is not consistent with the second result, the Chairman of the Committee on the Social People's Committee determines the average level of compensation of the first and second-time monitoring results;

d) After 30 days in which the organization was not able to provide the results of the decision, the Chairman of the People's Committee decided to use the initial decision-making results as the basis of damages. The responsible party is responsible for opening up the deposit account at the bank and the full transfer of the amount of compensation according to the results of that account. After the damage was transferred enough money to the bank account, the Chairman of the Social People's Committee decided to allow the continued construction of construction work.

2. The case on the side of the damage does not united with the compensation level, which has the right to sue in the Court.

3. The case of the party causing the damage not to be treated for administrative offenses is still applicable in points a, point b, point c, point d and point 1 This Article to resolve the damages.

4. The construction of a construction site is at risk of collapse or collapse of the neighboring structure, and the owner of the capital is responsible for supporting the move and renting a temporary accommodation for the damage during the settlement period.

What? 4. On penalties of false construction misconduct at Point 3 Article 15 and Clause 7 Article 16 Digital Protocol 121 /2013/NĐ-CP

1. The specified behavior at Point 3 Article 15 applies to construction work not to create a construction project investment project and is part of the right to serve as a construction permit.

2. The specified behavior at Clause 7 Article 16 applies to construction work on construction projects and in the case of a construction permit.

What? 5. On the administrative violation penalty for the consulting contractor management investment project construction of the regulatory process at Article 20 Digital Decree No. 20. 121 /2013/NĐ-CP

1. The first case for the founding of the project management committee is to apply the terms of the investment penalty to sanctipate to the project management within the range of tasks assigned.

2. The investment employer hiring a consulting contractor with a partial management project or the entire project is to apply the terms of the investment penalty to sanctipate to the project management consultant in the scope of the signed contract content.

What? 6. On penalty of regulatory misconduct in Clause 3, Clause 5 Article 13 Digital Protocol 121 /2013/NĐ-CP

1. Administrative construction of regulation in Clause 3, Clause 5 Article 13 Digital Protocol 121 /2013/NĐ-CP is understood to be the wrong construction of one of the contents of the construction permit and the design drawings issued by the construction of the construction license issue attached to the license-built license.

2. The individual housing construction belonging to one of the following cases is not considered as an error-building behavior:

a) Change the design inside the work without affecting the fire prevention; the environment; the use capacity; the main force structure or the building of the public face;

b) Reducing the number of floors compared to construction permits for areas that have not yet been planned to build a proportion of 1/500 or urban design has been approved.

What? 7. On the administrative violation of the prescribed behavior at Clause 8 Article 13 Digital Protocol 121 /2013/NĐ-CP

1. After the authority of the authority to compile the administrative breach on the specified behavior at Clap 3, Clap 5, Clap 6, Clause 7 Article 13 Number 121 /2013/NĐ-CP And it ' s organized, and the individual violation continues to do the behavior of the breach, and we ' re going to compile the administrative breach of the organization, and it ' s about the behavior of the organization, and it ' s about the behavior of the eight-Article 13. 121 /2013/NĐ-CP For the 2-day period since the date of the border, it must be transferred to the person with the jurisdiction to issue a decision to execute the administrative penalty.

2. The $500,000,000 fine was imposed on construction of the non-requirement construction project; the $1,00,000,000 fine imposed on construction of the required construction project.

What? 8. On determining the value of the authorized construction section, which is not allowed, wrong design is approved, false planning or wrong urban design specified in paragraph 9 Article 13 Digital Protocol. 121 /2013/NĐ-CP

1. paragraph 9 Article 13 Protocol 121 /2013/NĐ-CP It is only applicable to the case when the authority of the authority to detect the behavior of the administrative breach has ended, the construction work has been completed, put into use.

2. The value of the license portion of the license, which is not permitted, is wrong to be approved, the wrong planning or error of the approved municipal design is determined as follows:

a) For the work that only requires an economic report-construction engineering, construction project investment project or construction work other than individual housing:

-The construction case for business purposes is calculated by the number of m² of the construction of the multimillion-per-sq. m.

-The construction site is not intended to be calculated by the number of m² of the floor building infringed on the per-half-per-per-per-a-half.

b) For the individual housing, which is calculated by the number of m² construction of the human offender at a scale of 1m² built at the time of the breach plus the number of square meters of the land built by the annual sum of the land, in which the value of the land is issued annually. specify in the following principle:

-The first floor (or the ground floor) is 100% the amount of land per square in that position multiplied by the amount of land that builds the breach.

-From the second floor up to 50% of the land's worth of five-foot-land on the first floor multiplied by the amount of land for the breach.

3. The person with the authority to punish the administrative breach of the decision and be held accountable to the law on determining the value of the illegal, unauthorised, approved, planning, or false urban design is approved.

What? 9. On the application of an additional form of sanctions using the prescribed construction permit at paragraph 8 Article 13 Decree No. 121 /2013/NĐ-CP

1. Form of additional sanctions stipulated at paragraph 8 Article 13 Decree

number 121 /2013/NĐ-CP is applied as follows:

a) The rule of use of the construction permit from 3 months to 6 months on the conduct of regulation at paragraph 3 Article 13 of the Digital Protocol 121 /2013/NE- CP;

b) The rule of use of the construction permit from 6 months to 12 months for the prescribed behavior at paragraph 5 Article 13 of the Digital Protocol 121 /2013/NE- CP.

2. The decision to sanctiate the administrative breach with the applicable form of sanctions must be sent to the Chief of the City or Village Organization to inform the people at the site known, at the same time sent to the People ' s Committee and the building licensing body. Yeah.

What? 10. On the application of a criminal violation penalty

1. For the administrative violations of regulation at the Digital Decree. 121 /2013/NĐ-CP of the Government that does not apply to the application of remediation is the demolition of construction work, the construction department of the construction site, and the administrative breach of the administrative breach is created in the terms of the number 01, issued by the digital decree. 81 /2013/NĐ-CP.

2. Other examples in the administrative breach of the administrative violation under the regulation of the Digital Protocol 81 /2013/NĐ-CP.

What? 11. On the applicable transition applicable cases at Article 70 Digital Protocol. 121 /2013/NĐ-CP

1. For the administrative violation of the administrative breach, the border and board decision to punish the administrative breach, the decision to forcibly destroy the date of the Digital Decree date. 121 /2013/NĐ-CP It is effective, but by this time the decree is effective without implementation, and in the statute of limitations, it continues to enforce the case in Article 3 of this Article 3.

2. For the administrative breach of execution before Decree Number 1. 121 /2013/NĐ-CP has the enforcement effect that after this Decree Day has the newly discovered effect of being discovered (but also in the time of administrative violation) or earlier detection but has not yet issued a decision to punish the administrative breach and the deadline to issue a decision. Punishment, if you apply the Decree. 121 /2013/NĐ-CP It ' s beneficial to the organization, and the individual has that breach, and it applies the Digital Protocol. 121 /2013/NĐ-CP.

3. The illegal, unauthorised construction behavior approved, false planning or approved urban design, which issued a decision to punish the administrative breach, decided to forcibly dismantle the regulations at the United States Congress. 23 /2009/NĐ-CP But not yet, if you see that construction does not violate the construction of the building, it does not affect the neighborhood, there is no dispute, there is no dispute, built on land in the right to use, and in this land planning is allowed to be built. the right to the right to the administrative breach of the execution, the decision:

a) Undecided demolition of demolition;

b) The decision to apply the additional application of the remediation of the amount of illegal gain obtained by 40% of the license portion of the license section, which is not permitted to the work of individual housing and by 50% of the license portion of the license section, is not permitted, false. The design was approved, false planning or approved urban design to work on a construction project investment project or work that required only economic reporting-construction engineering.

For the prescribed case to have a construction permit, the construction permit authority is responsible for regulating or issuing a construction permit after the owner of the full approval process decides to punish the administrative breach, the decision to apply the additional measure. It's a remediation. The decision to apply the addition of the remediation method by the Decision Form 01 issued this message.

What? 12. Terms of execution

1. This message has the enforcement effect since April 02, 2014, replacing the Digital Information Digital. 24 /2009/TT-BXD July 22, 2009 by the Secretary of the Construction Building the details of the implementation of some of the content of the Digital Protocol. 23 /2009/NĐ-CP 27 February 2009 of the Government on the Administrative Violation Penalty in construction activities; property business; exploitation, manufacturing, building materials business; management of engineering infrastructure; management of home and public development.

2. The ministries, peer agencies, the people ' s committee of the ministries, the organization, the individual involved are responsible for the enforcement of this private practice. In the course of execution, if the invention is entangled, the offer reflects timely reflection on the Ministry of Construction for consideration, solution.