Circular No. 24/2009/tt-Bxd: Detailing The Implementation Of Some Of The Content Of The Decree No. 23/2009/nd-Cp Dated 27 February 2009 By The Government On Sanctioning Administrative Violations In Construction Activities; Of Business ...

Original Language Title: Thông tư 24/2009/TT-BXD: Quy định chi tiết thi hành một số nội dung của Nghị định số 23/2009/NĐ-CP ngày 27 tháng 02 năm 2009 của Chính phủ về xử phạt vi phạm hành chính trong hoạt động xây dựng; kinh ...

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CIRCULAR detailing the implementation of some of the content of the Decree No. 23/2009/ND-CP dated 27 February 2009 by the Government on sanctioning administrative violations in construction activities; real estate business; extraction, manufacture and trading of building materials; manage the technical infrastructure works; development and management of the Department _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ pursuant to Decree No. 17/2008/ND-CP DATED April 2, 2008 of the Government functions, tasks, powers and organizational structure of the Ministry of construction;
Pursuant to Decree No. 23/2009/ND-CP dated 27 February 2009 by the Government on sanctioning administrative violations in construction activities; real estate business; extraction, manufacture and trading of building materials; manage the technical infrastructure works; development and management of the Department;
Pursuant to Decree No. 180/2007/ND-CP on December 7, 2007 the Government detailing and guiding the implementation of some articles of the law on construction order violation handling urban construction;
Pursuant to decision No. 89/2007/QD-TTg dated 18 June 2007 of prime of established building inspection, districts and communes, wards building inspector, town in the city of Hanoi and Ho Chi Minh City, the Ministry of construction stipulated some content about sanctioning administrative violations in construction activities; real estate business; extraction, manufacture and trading of building materials; manage the technical infrastructure works; development and management of the Department (referred to as the sanctioning of administrative violations in the field of construction) are as follows: article 1. Time limits for sanctioning of administrative violations in construction activity time sanctions against administrative violations by the owner, the contractor participated in projects of building construction is two years from the date of delivery of the project put to use for the project to have only one category of works , a building or two years from the date of the entire project was delivered put to use for the project has many categories of works, construction works.
Article 2. About administrative violations announced on website (Website) of the Ministry of construction and the people's committees of provinces and cities under central 1. With regard to the violations of the provisions of article 17, article 18, article 19, article 24, article 29, article 34 of Decree No. 23/2009/ND-CP of the authority issuing the decision on sanctions is responsible for this decision to send copies of the Website of the Ministry of construction and the provincial people's Committee Website , central cities (referred to as the provincial people's Committee) where sanction decisions issued within three days of signing the sanctioning decision. The decision to sanction can be sent by post, electronic mail or fax. Who issued the decision on sanctions are responsible for the accuracy of the copy submitted.
2. within five days of receiving the decision sanctioning authorities, Website of the Ministry of construction and the provincial people's Committee has the responsibility for editorial and post contents decided to sanction. Posted content including: organization name, personal offense; offending content; sanctions, fines; remedial measures (if any).
Department of construction of the posted content on the Website of sanction decisions the Department authorized construction of the provincial people's Committee.
Article 3. About owner sanctions violate the rules of groundbreaking ceremony, ceremony, inauguration ceremony of construction owner violated regulations on groundbreaking ceremony, ceremony, inauguration ceremony of construction works specified in paragraph 3 article 10, Decree No. 23/2009/ND-CP is in violation of the provisions of decision No. 226/2006/QD-TTg dated 10/10/2006 of General Government on the rules held groundbreaking ceremony, ceremony and inauguration of construction works and circular No. 103/2006/TT-BTC dated 31/10/2006 the Ministry of Finance shall guide the sanctioning administrative violations and compensation for damage in the practice of saving, against waste.
Article 4. About penalizing investors, contractors have violations of the regulations on the order of building 1. The wrong content construction building permit specified in clause 1 article 11, paragraph 1 Article 25 of Decree No. 23/2009/ND-CP is a violation of the content in the form of construction license in Appendix VI of Decree No. 12/2009/ND-CP on December 2, 2009 on the management of government investment project construction : a) change the location of the construction works;
b) Wrong background reinforced construction;
c) violates just about the red line, is just about building;
In addition to the cases specified in point a, point b and point c of paragraph 1 of this article, for civil, industrial and individual houses in the municipality of wrong content building permit remains in one of the following cases: d) Wrong building area (first floor);
DD) height works exceed the height specified in the building permit;
e) construction exceeds the number specified in the building permit;
g) violating the regulations on the management of urban architecture (for those areas already have approved urban design).
2. wrong construction design has been appraised, approved; detailed planning of the wrong building rate of 1/500 has been granted regulatory approval authority in paragraph 3 article 11, paragraph 3 Article 25 of Decree No. 23/2009/ND-CP belong to one of the following cases: a) to change the main bearing structure, architecture the facade works;
b) exceeds the maximum height;
c) changing the original uses was browsing;
d) Wrong building density, land use coefficient compared to the design appraisal, approval of construction detailed planning or the rate of 1/500.
3. no sanctions for wrong building construction license content for individual housing in one of the following cases: a) built the wrong location or change recorded in the license area for places not yet have detailed planning 1/500 ratio building or urban design has been approved but is located in an area of land in the right use of the hosts, without causing grievance, not stupid just about red line or just about to build, does not violate the provisions of art. 2 of article 3 of decision No. 39/2005/QD-TTg dated 28 February 2005 by the Prime Minister on the implementation of Article 121 of the law building;
b) changes inner architectural constructions that do not affect the main bearing structures;
c) reduce the number of stories than a building permit for places not yet have detailed planning 1/500 ratio building or urban design has been approved.
4. Fines of from 500,000,000 to copper copper 300,000,000 prescribed in clause 4 Article 11 and paragraph 4 Article 25 of Decree No. 23/2009/ND-CP is applied as follows: a Fine fellow to 500,000,000) construction work in violation of the object must set up investment projects in the construction works;
b) Fine copper 300,000,000 for construction breach is individual housing and other building works not subject to project construction investment.
5. Handle the construction violated the construction order as defined in item 5, item 6, item 7 article 11 and paragraph 5, clause 6, clause 7 article 25 of Decree 23/2009/ND-CP a) Clause 5 article 11 and paragraph 5 Article 25 of Decree No. 23/2009/ND-CP applied for individual housing other construction works, not set up investment projects in the construction of one of the violations as: no shield or shield but still to scattered material down the surrounding area; to the material in pavements, roadways, alleys, the neighborhood is not properly regulated.
b) violations of the provisions of clause 6, clause 7 article 11 and paragraph 6, paragraph 7 Article 25 of Decree No. 23/2009/ND-CP when discovered or have damaged party appeals, the authorized person must promptly set up the minutes according to annex II of Decree No. 23/2009/ND-CP, require the owner to stop immediately the construction works.
As soon as the minutes are set, if the two sides cannot negotiate and one side has a petition to the President of the people's Committee of social host offers the investor the work infringed and the damaged party representative to came to the compensation level agreement. After seven days from the date the first agreement failed or damaged party is absent without good reason, the Chairman of people's Committee of the social organization of the second agreement. Case in the agreement that the damaged party is absent without good reason, the owner works continued the construction. The case of the second agreement failed, the parties have the right to sue out to the Court to resolve, works were continued after the decision, the judgment of the Court.
The case of buildings in danger of collapse, the owner has the responsibility to support the money moving and temporary accommodation rental for the damaged party in time to solve.
Article 5. About penalizing the investor does not report the Agency has the authority to manage the building as specified when the problem works item 2 article 14 of Decree 23/2009/ND-CP applied for case construction problems that the owner does not submit reports for Department of construction where there is construction work going on the issue within 24 hours after the crash as specified in point c paragraph 1 Article 35 of Decree 209/2004/ND-CP dated 16 December 2004 by the Government on quality management of construction (Decree No. 209/2004/ND-CP).
Article 6. About penalizing contractors file construction plan and profile improperly building design regulation 1. Contractors prepare to build or plan of the premises is not the correct building regulations as defined in paragraph 3 Article 23 of Decree 23/2009/ND-CP belong to one of the following cases: a) establishment construction plan is not true, not enough content, profile component drawings , map, document, consistent presentation according to the provisions of article 9, article 17, article 26 and item 2 Article 34 of Decree 8/2005/ND-CP on August 24, 2005 by the Government on building planning (Decree No. 8/2005/ND-CP);
b) Establishment plan profile improperly building the sequence stipulated in article 2 of Decree 8/2005/ND-CP.

2. The contractor set up profile improperly building design regulations as defined in paragraph 1 article 24 of Decree 23/2009/ND-CP is making construction design, construction estimation is not correct, incomplete according to the provisions of article 13, article 14 and article 15 of Decree 209/2004/ND-CP. Article 7. About sanctioning construction contractor violates the provisions of safety construction according to article 26 of Decree No. 23/2009/ND-CP 1. Point b paragraph 1 Article 26 of Decree No. 23/2009/ND-CP stipulates "no media shield" are applicable to construction works of the project construction investment.
2. for construction work is individual housing or other building works not set investment project construction without the means of shielding the sanction prescribed in clause 5 article 11 and paragraph 5 Article 25 of Decree No. 23/2009/ND-CP.
Article 8. About the sanctioning organizations, individual training organizations have violations specified in art. 5 Article 29 and paragraph 1 Article 33 of Decree 23/2009/ND-CP of organization, personal training certification, improving supervision of construction works; Certificate of completed training courses, professional training assessment; Certificate of finished training, fostering knowledge on valuation, real estate broker, knowledge about the management and administration of real estate trading correct not specified in one of the following cases: 1. improper training curriculum, faculty have registered with the Ministry of construction;
2. No prescribed training regulation;
3. Not sure enough of lessons as prescribed;
4. Do not perform properly check regulations, practice, writing the post harvest;
5. Students do not qualify the provisions still complete certification course;
6. Do not notify Department of construction about the training (for the training organization of brokerage, valuation, management, operating real estate trading floor).
Article 9. About Duke the right to use the license, a certificate, the certificate of practice and revoked the certificate of completed training courses 1. Deprived of the right to use a building permit under the provisions of article 57, article 58 and article 61 of Decree 23/2009/ND-CP DATED as follows: a) Chief Inspector of Department of construction rights to Duke the right to use a building permit by the Department of construction, people's committees at district level to level when detecting the license built in violation of building laws.
b) Chief Inspector of the Ministry of construction, the Chairman of the provincial people's Committee was right to strip the building permit by the competent authority when discovering the license built in violation of building laws.
c) when the decision was deprived of the right to use the building permit of the competent person, the Chairman of the Committee responsible township-level people's decision to suspend the construction or coercive dismantling construction work in violation prescribed in Decree No. 180/2007/ND-CP DATED. 2. Deprived of the right to use the certificate of practice with respect to violations of the rules on the conditions of building activities, capacity building practice of the provisions of article 17 of Decree 23/2009/ND-CP DATED as follows: a) violations of the provisions of article 17 paragraph 1 point a Decree No. 23/2009/ND-CP shall be deprived of the right to use the certificate of practice three years;
b) violations of the provisions of article 17 paragraph 1 point b Decree No. 23/2009/ND-CP shall not be deprived of the right to use the certificate of practice if the first sanctioned, be deprived of the right to use the certificate of practice a year if sentenced for a second, be deprived of the right to use the certificate of practice three years if it continues to happen;
Active individual case exceeds the capacity condition of practice or works wrong practice crashes works shall be deprived of the right to use the certificate of practice is not the deadline.
c) who are not eligible for capacity building activities, level type respectively works that still assumed the titles specified in point a of paragraph 2 article 17, point b Article 22 paragraph 4 and paragraph 6 b article 24 of Decree No. 23/2009/ND-CP shall be deprived of the right to use the certificate of practice a year if first sanctioned , was stripped of the right to use the certificate of practice two years if sentenced for a second, be deprived of the right to use the certificate of practice is not the duration if continued re-offending.
3. Strip the right to use the training license as specified in paragraph 6 c 29 and paragraph 3 Article 33 of Decree 23/2009/ND-CP applied for one of the offences specified in article 8 of this circular are as follows: a) Organization, individual violation stripped the license training a year if first sanctioned; stripped of license training three years if sentenced for a second; for violations of the provisions in clause 5 article 8 of this circular shall be deprived of training licenses indefinitely if sanctioned.
b) authority issuing the decision to sanction measures also do not recognize the results of the training for the training course has violated by forcing the revocation certificate professional training supervision of construction works; Certificate of completed training courses, professional training assessment; Certificate of finished training, fostering knowledge on valuation, real estate broker, knowledge about the management and administration of real estate trading floor was level.
4. Removal business trading services in the real estate business registration certificate for the Organization, individuals violating regulations on real estate business activities as defined in paragraph 3 Article 31 of Decree No. 23/2009/ND-CP DATED as follows: a) for violations of the provisions of article 31 paragraph 1 of Decree 23/2009/ND-CP shall not be deprived of the right to business services real estate transaction if the first sanctioned; be deprived of the right business services real estate transaction a year if sentenced for a second; be deprived of the right business services real estate trading floor indefinitely if continued re-offending;
b) for violations of the rule in paragraph 2 Article 31 of Decree No. 23/2009/ND-CP shall not be deprived of the rights to real estate business if the first sanctioned; for violations of the provisions of art. 2 article 31 of Decree 23/2009/ND-CP shall be deprived of the right to property business for three years if sentenced for a second; for violations of the provisions of point b and point c paragraph 2 Article 31 of Decree No. 23/2009/ND-CP shall be deprived of the right to property trading deadline if not sanctioned.
5. Removal business trading services in the real estate business registration certificate for the Organization, individuals violating regulations on the establishment and operation of real estate transaction under the provisions of article 32 of Decree 23/2009/ND-CP) violation of regulations on establishment and operation of real estate trading floor as specified in paragraph 1 to article 32 Decree No. 23/2009/ND-CP belong to one of the following circumstances: there is no names, trading stable signs within a period of twelve months from the date of certificate of business registration; do not send notification to the Department of building where the establishment of the floor before the operation; set the floor does not ensure sufficient regulatory area; the Manager, operating the floor does not have a certificate of completion of a course on the management of real estate trading floor as specified; not enough people have the certificate according to regulation, there is no regulation or activity but not enough content.
b) organizations, individuals with violations in one of the cases specified in point a of this paragraph have not been deprived of the right business services real estate transaction if the first sanctioned; be deprived of the right business services real estate transaction a year if sentenced for a second; be deprived of the right business services real estate trading floor three years if it continues.
6. Deprived of right to use professional brokers, property valuation and management certificates, operating real estate transactions prescribed in paragraph 4 to article 34 of Decree 23/2009/ND-CP a) violations specified in point c paragraph 1 to article 34 of Decree 23/2009/ND-CP shall be deprived of the right to use professional brokers real estate valuation, and certificate management, operating the real estate transaction a year if first sanctioned; be deprived of the right to use professional brokers, property valuation and management certificates, operating real estate trading floor two years if sentenced for a second; be deprived of the right to use professional brokers, property valuation and management certificates, operating real estate trading floor three years if it continues.
b) violations of the provisions of point b paragraph 1 to article 34 of Decree 23/2009/ND-CP shall be deprived of the right to use professional brokers, property valuation and management certificates, operating real estate trading floor three years if first sanctioned; be deprived of the right to use professional brokers, property valuation and management certificates, operating real estate trading floor indefinitely if sanctioned.
7. Deprived of business licenses for building materials as defined in point b of paragraph 3 to article 36 of Decree 23/2009/ND-CP a) for violations of the provisions of paragraph 1 to article 36 of Decree 23/2009/ND-CP shall not be deprived of the right to use the business registration certificate if the first sanctioned; be deprived of the right to use the business registration certificate for one year if it.
b) for violations of the rule in paragraph 2 Article 36 of Decree 23/2009/ND-CP shall be deprived of the right to use the business registration certificate for one year if the first sanctioned; be deprived of the right to use the business registration certificate no time limit if re-offense.
Article 10. About the authority sanctioning administrative violations of the Chief Inspector of construction at district level by decision No. 88/2007/QD-TTg dated Chief Justice Inspector of construction at district level in the city of Hanoi and Ho Chi Minh City was fined for administrative violations specified in Decree No. 23/2009/ND-CP that has maximum fines not to exceed 10,000,000.

Chief building inspector at district level in the city of Hanoi and Ho Chi Minh City is entitled to apply the sanctions, additional sanctions and remedial measures equivalent to the authority of the Chief of police at district level in accordance with clause 6 article 1 amending Ordinance additional, some Ordinances handling administrative violations of the Standing Committee of the National Assembly no. 04/2008/UBTVQH12 April 2, 2008.
Article 11. The jurisdiction to apply additional sanctions of the people's Committee Chairman at district level in addition to the provisions of article 61 of Decree No. 23/2009/ND-CP, Chairman of the people's Committee at district level are also authorized to apply additional sanctions measures are deprived of the right to use the business registration license building permits, licenses, and certificates of practice in other competent committees at district level; confiscated exhibits, the means used to administrative violations as defined in clause 5 article 1 Ordinance amending and supplementing some articles of the Ordinance on handling administrative violations of the Standing Committee of the National Assembly no. 04/2008/UBTVQH12 April 2, 2008.
Article 12. On the application of the system in the form of handling administrative violations as stipulated in Decree No. 180/2007/ND-CP and Decree No. 23/2009/ND-CP 1. When detected violations of the order to build the municipality specified in Decree No. 180/2007/ND-CP and violation of construction order is specified in article 11; Article 25; paragraph 3 to article 38; d paragraph 4 to article 42; paragraph 3, point e point a paragraph 4 to article 52; point a clause 2 Article 54 of Decree No. 23/2009/ND-CP, the authorized person is on duty to promptly establish the minutes as Appendix II of Decree 23/2007/ND-CP.
This record is grounds for decision sanctioning administrative violations according to annex III of Decree No. 23/2009/ND-CP and decided to suspend the construction works according to annex II, annex III and annex IV of Decree 180/2007/ND-CP. Cases of violations of order construction in rural areas, in the form, remove the word "municipality".
The sanction is made according to the procedures stipulated in Decree No. 23/2009/ND-CP; the handling of the dismantling is done according to the procedures stipulated in Decree No. 180/2007/ND-CP DATED. 2. When other administrative violations are not violations of the order, the Building Authority must promptly set up the minutes according to annex I of Decree No. 23/2009/ND-CP. The sanctions are implemented according to the procedures stipulated in Decree No. 23/2009/ND-CP.     
3. organizations and individuals have more violations in which violations of the order, the Building Authority set up a general report on the form prescribed in annex II of Decree No. 23/2009/ND-CP. 4. The case of the inspection, the inspection found administrative violations, the Agency inspected, checked up the minutes according to the form prescribed in Decree No. 23/2009/ND-CP and transfer decision-making authority prescribed sanctions unless the opinion of the Prime Minister.
5. Representatives of the organizations and individuals who violate the burn patterns in the minutes of the Organization, individuals violating the assigned tasks at the work going on offense.
Article 13. About the Organization of the implementation of the decision on handling administrative violations 1. For the city of Hanoi and Ho Chi Minh City people's Committee, the Chairman of the competent social organization, social public security chief just made the prohibition of transport of supplies, materials and workers on the construction of public buildings in violation prescribed in clause 4 article 9 decision No 89/2007/QD-TTg and organizations make the coercive dismantling works infringement as defined in paragraph 4 Article 10 of decisions 89/2007/QD-TTg;
2. for the province, other central cities, Chairman of the people's Committee of social responsible organization, mobilized the police force under the authority to make decision on coercive dismantling for violation of order construction under the provisions of Decree No. 180/2007/ND-CP article 14. About complaints, accusations against coercive decisions dismantling works violated the order to build 1. The Organization, individuals with violation of the order sanctioned to build administration by shape and apply measures to handle the demolition of buildings in violation prescribed in Decree No. 180/2007/ND-CP and Decree No. 23/2009/ND-CP DATED. 2. The case of organizations, individual complaints, accusations against coercive decisions dismantling works in violation of the competent agency, the Organization, that individual must still obey the administrative punishment decision, the Agency has the authority to temporarily suspend the enforcement of coercive decisions dismantling to complaint resolution According to the report, the sequence, procedure and time limit for complaints legislation, regulation accusations.
3. During the temporary suspension of coercive decisions dismantling construction work violating, decided to suspend the construction violated the construction remains effective implementation. If the Organization, individuals with violations still continue construction during the temporary suspension of coercive decisions dismantling works, the Agency issued a decision on coercive demolition works have rights organizations made right decision on coercive dismantling construction work violating.
Article 15. Handle construction violated the construction order was processed in violation before the Decree No. 23/2009/ND-CP effective but not yet handle end to point 1. If construction work is in violation of planning to build stable neighborhoods that build the wrong permission on the floors, on the construction area but not affecting surrounding structures allow investors to keep the construction under the condition when doing the planning construction details rate 1/500 are browser, then the owner must manually dismantling parts wrong permission without compensation.
 2. If the constructions violated is not in residential construction planning, but planning the construction of this area haven't made right then asked the owner to commit to dismantling itself and not be compensated when implementing the construction area.
3. If the offending construction lies in the planning of construction of residential stability but reclaimed space, land encroachment, encroachment of just about building, informally just about red line it must resolutely dismantling.
When the processor must consider each specific works, clarify the responsibilities of each individual organization to occur in violation without processing the end point.
Article 16. Implementation of this circular is effective from September 2009 and replaces circular No. 01/2005/TT-BXD DATED January 31, 2005 of the Ministry of construction instructions detailing the implementation of a number of articles of Decree No. 126/2004/ND-CP of the Government on sanctioning administrative violations in construction activity construction management, urban infrastructure and management use.
The problems arising in the process of implementing the proposal reflects the timeliness of the Ministry of construction to consider, resolve./.

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