Pursuant to the law on organization of the Government of 25 December 2001;

Pursuant to the law building on November 26, 2003;

Considering the recommendation of the Minister of construction, the DECREE: chapter I GENERAL PROVISIONS article 1. Scope of this Decree, detailing and guiding the implementation of the processing violates order in urban construction as defined in paragraph 1, 2, 4, 5 and 6 article 10; clause 5 Article 67; Article 86; Article 94 and Article 120 of law clause 2 build.

Article 2. Application object 1. The organization or individual operating the building have violations of the order of urban construction.

2. Officers, public servants, officers are assigned to manage the orderly urban construction and the Organization, other individuals involved.

Article 3. Processing rule violation 1. Construction works or parts of works (hereinafter referred to as the construction works) violated the order to build the municipality must be detected, prevented and treated promptly, thoroughly.

2. organizations, individuals involved in building activity in the process of violating the order of building and urban organizations, individuals are assigned the responsibility to manage the orderly urban construction to happen in violation must be dealt with according to the provisions of this Decree and relevant laws.

Article 4. The handle measures violating urban construction order violations in order to build urban must be processed under one or of the following forms: 1. Stop the construction works 2. The suspension of the construction works, apply measures to stop supplying electricity, water: notification to the competent authority not to provide water and electricity services, business activities, and other services for building construction.

3. Compulsive dismantling works violate 4. Tying compensation of damage caused by infringement of the administrative cause.

5. Sanctioning administrative violations in the construction activities. Serious violations may be dealt with under the provisions of the criminal law.

6. In addition to the forms of handling specified in plans 1, 2, 3, 4, and 5 of this Article, then for the owner, contractor, building contractor, a design contractor consultant supervising construction works have violations of the order to build the municipality were named on the website of the Ministry of construction and the announcement on the news media mass.

Article 5. Construction work violating urban construction order construction work violating urban construction order must be dealt with according to the provisions of this Decree include: 1. Construction work prescribed by the law to have a building permit without a building permit.

2. wrong content construction permits to build are the competent bodies.

3. wrong construction design authority approval evaluation; wrong construction detailed planning 1/500 ratio was granted the approval authority (for the construction works are exempt from building permit).

4. Construction work has impact on the quality of the surrounding buildings; affect the environment, residential community.

Chapter II the RESPONSIBILITY of ENSURING ORDERLY URBAN CONSTRUCTION article 6. The responsibility of the owner 1. Accepted the provisions of the law on construction.

2. Stop the construction works, demolition of construction works immediately after the violation has stopped the construction thereon.

3. Cases of coerced dismantling must bear the entire cost of implementing coercive dismantling.

4. Compensation for damage caused by his violation caused; If serious consequences are also dealt with in accordance with the provisions of the criminal law.

5. Other responsibilities prescribed by law.

Article 7. The responsibility of the contractor to build 1. Accepted the provisions of the law on construction.

2. Stop the construction when the minutes to stop the construction.

3. Compensation for damage caused by the violation.

4. other duties as prescribed by law.

Article 8. The responsibilities of the contractor design consultant, contractor supervision 1. The responsibility of the contractor to design a) comply with the provisions of the law in the design of construction works;

b) design works planning suitable building has been approved by the authority.

2. The liability of contractors supervising the construction works a) accepted the provisions of the law on construction; do not perform supervision of the work specified in article 5 of this Decree;

b) detects and asks the owner, construction contractor design done right has been the authorized appraisal, approval.

c) in the course of supervision, if the owner, the construction contractor design was done wrong browser must report the authorities responsible for the violation;

The case of collusion or for the investor, the building contractor construction design doing wrong to cause serious consequences is also dealt with under the provisions of the criminal law.

Article 9. The responsibility of the police, the Agency offers services of electricity, water and other related agencies 1. The heads of police agencies, the province has the responsibility to coordinate with the competent construction inspectors handle violation of order of urban construction, strictly implement the requirement in the decision to suspend construction, coercive decisions dismantling of authority; the case does not perform or tolerate violations to continue building works shall be handled according to the regulations or may be processed under the provisions of the criminal law when serious consequences to occur.

2. The Heads of businesses and individuals, providing electric and water services and other services related to the construction violated the construction order the municipality to implement strictly the deadlines, required in the decision to suspend construction, coercive decisions dismantling of authority; case not made, made no timely or tolerate, abetting violations shall be dealt with according to the rules or can be dealt with under the provisions of the criminal law when serious consequences to occur.

Article 10. The responsibility of the head of the Agency has the authority to manage the order to build the municipality 1. Chairman of people's Committee of the communes, wards, town of (social) a) urging, order control construction of local municipalities, issued promptly decided to suspend the construction, coercive decisions dismantling works violated the order to build the municipality according to the authority;

b) treats the staff under assigned to manage the orderly urban construction to occur in violation of;

c) responsible for the situation violated the order of local urban construction;

2. The President of the people's Committee at district level a) urging, checking people's Committee Chairman level in the implementation of the orderly management of urban construction in the area; enact coercive decisions timely public demolition process violated the order to build the municipality according to the authority;

b) handles people's Committee Chairman granted the commune, under the command of officers was assigned to manage the orderly urban construction to occur in violation of;

c) responsible for the situation violated the order of local urban construction;

d) petitions the President of the people's committees of provinces and cities directly under the Central Government (provincial) enact the necessary measures, in line to manage the orderly urban construction effectively.

3. The Chairman of the provincial people's Committee a) issued the regulations, measures to handle, overcome the situation violated the order of urban construction. The decision sanctioning administrative violations in the jurisdiction;

b) handles people's Committee Chairman and district-level officials under the authority is tasked to manage the build order the municipality to breach occurred;

c) responsible for the situation in order to build the province's municipalities.

4. The competent management of urban construction order a) Chief Inspector of Department of building inspection responsibility, urging, order and grasp the situation of local urban construction, Facility Director petitions the build report and proposed provincial people's Committee, the renovation measures , fix;

b) Director of the Department of building inspection, Chief Building Inspector, Chief District and ward level building (if available), manage District municipalities (if any) and the heads of the other agencies that are tasked with managing the orderly urban construction is responsible for the situation in violation of order in urban construction management authority; handle the officers under was assigned to manage the orderly urban construction to occur.

Article 11. The responsibility of the officials and public servants, inspectors are tasked with managing the orderly urban construction 1. Inspection, detection and timely report the breach of order in urban construction are tasked to manage or take measures promptly violated the order to build the municipality jurisdiction.

2. Responsible for the violations directly or indirectly in the management of orderly urban construction. The case of the wrong building permit issuance, permit the slow build time limit prescribed by law, the wrong decision, decided not to correct jurisdiction, not the decision or the decision to slow compared to the time specified in this decree with regard to the process of violating the order to build the municipality to compensation , if serious consequences are also dealt with under the provisions of the criminal law.

Chapter III PROCESSED WORKS VIOLATE the ORDER to BUILD the MUNICIPALITY article 12. Handle construction work without building permit 1. The construction works in accordance to have a building permit, when building without a building permit, except in the case specified in clause 2 of this must be handled as follows: a) Established the minutes to stop the construction, ask the owner himself dismantling construction work violating the order of urban construction;

b) where the owner does not stop the construction to be suspended construction, forcing the dismantling construction work violating the order of urban construction; at the same time, apply the measures ceased to offer the services of electricity, water and other services related to the construction works; prohibition of the means of transport carrying supplies, materials, workers on the construction;


c) Enhanced processing and dismantling if the owner does not make the decision to suspend construction. The owner is responsible for the entire cost of demolition plans (if available) because the cost of coercive organizations dismantling.

2. for the construction works does not have a building permit but eligible to license build according to the regulations, the handling is as follows: a) The construction works must be founded thereon cease construction, require the owner to do the procedure please include building permit : suitable construction planning position has been approved by the authority; construction works on the land in the certification of land use and ownership, proper planning construction; new construction on the site of the old house or renovating the House are in the proper planning of construction; construction works on the land have enough conditions on the certification of land use under the provisions of the law of the land;

b) where the investor did not stop the construction, the works are suspended construction, forcing the construction license application, and apply the measures specified in point b of paragraph 1 of this article.

Within a maximum of 60 days from the date of the decision to suspend the construction, the owner does not produce a building permit by the competent authority being coercive dismantling;

c) after being granted a building permit, if the work has the wrong content building building permit the owner to demolish the false part of content building permit. After manually dismantling works wrong content building permit, the new owner continued the construction.

The case owner not dismantling the wrong part of content building permit granted to coerced dismantling as stipulated in article 24 of this Decree and to take responsibility for the entire cost of coercive organizations dismantling;

d) where the owner denied the building permit or no permit to build after the deadline specified in point b of paragraph 2 of this Article, the owner must manually dismantling works infringed, if the owner is not in self coerced a dismantling dismantling and must take responsibility for the entire cost of coercive organizations dismantling.

Article 13. Handle construction works wrong content license sai building construction building permit content to be competent organ being treated as follows: 1. Set the minutes to stop the construction, automatic request demolition works part wrong content building permit.

2. where the owner does not stop the construction, the works are suspended construction, forcing investors to order demolition works part wrong content building permit; at the same time, apply the measures specified in point b of paragraph 1 article 12 of this Decree.

3. in case of non-owner auto dismantling parts works wrong content building permit granted to coerced dismantling. The owner is responsible for the entire cost of coercive organizations dismantling. Customize the level of violation, the owner must compensate the damages caused by the violation.

Article 14. Handle construction works wrong design, incorrect construction detail planning 1/500 was the authorized appraisal or approval for the case to be exempt from licensing to build 1. The construction violated the construction order following municipalities must be founded thereon cease construction, ask the owner himself: a) demolition of construction works of the project construction investment wrong design or engineering design is the competent State agency evaluation , approved;

b) construction project in the new urban area, industrial zones, residential construction detail planning of wrong ratio of 1/500 is approved.

2. where the owner does not stop the construction works, the suspended construction works demolition order, forcing the offense to simultaneously apply the measures specified in point b of paragraph 1 article 12 of this Decree.

3. in case the owner is not in self dismantling works, the works are coerced dismantling. The owner is responsible for the entire cost of demolition plans and cost of coercive organizations dismantling.

Article 15. Handle construction work affects the quality of the surrounding buildings; affect the environment, communities 1. The case building construction induced subsidence, cracks, infiltration, dilapidated condemned or risk collapse of the surrounding buildings, they must stop the construction to make compensation for damage: a) the compensation of damage caused by the investor and the damaged parties negotiate; The case of the non-party agreement was then the party has the right to damage compensation claims in court;

b) works are only allowed to continue construction when the parties reach agreement on the compensation of damage.

2. in case the construction of polluting the environment in the vicinity, to supplies, materials and equipment for construction and obstruct public traffic must stop the construction; owner, construction contractor must have remedial measures; the construction was allowed to continue when the owner, the contractor has completed the remedial, compensation for damage and ensure not to affect the environment in the vicinity.

3. The case of the owner, the contractor does not implement the provisions in paragraph 1, paragraph 2 this then suspended the construction, at the same time, apply the measures specified in point b of paragraph 1 article 12 of this Decree until the owner, construction contractor complete the remedial , in damages.

Chapter IV JURISDICTION to HANDLE VIOLATION of the ORDER to BUILD the MUNICIPALITY article 16. The authority of the inspectors, officers managed to build social 1. Set the minutes to stop the construction works, ask the owner himself dismantling works infringed 2. The Petitions Committee Chairman granted the commune decided to suspend the construction or coercive decisions dismantling works violated the order to build the municipality jurisdiction.

Article 17. Jurisdiction to handle violation of order construction of municipality of the people's Committee Chairman granted the town 1. The decision to suspend the construction for construction work in his violation of management; coercive decisions dismantling for construction work in violation of management by themselves except the provisions of Article 18 paragraph 1 of this Decree.

2. coercive implementation all of the offending construction by coercive decisions of the people's Committee Chairman granted the commune people's Committee Chairman and Chief Inspector of the Department of construction.

3. Processing of staff under assigned to manage the orderly urban construction to occur without violations promptly, tolerate cover for violations.

4. Recommendations to the President of the people's Committee at district level to handle the case of violation of the order to build the municipality exceeded the authority of the President of the people's Committee of social level; personnel handling the management of the urban construction order under the authority of the Chairman of the Management Committee at district level.

Article 18. Jurisdiction to handle violation of order construction of municipality of the people's Committee Chairman granted the District 1. Coercive decisions dismantling for the construction works by the people's Committee at district level to grant a building permit or building construction license which construction work has been social people's Committee decided to suspend the construction.

2. Directing people's Committee Chairman social organizations make unloading the ferry compulsive construction violated by the decision of the President of the people's Committee at district level and of the Chief Inspector of the Department of construction.

3. Handle the people's Committee Chairman and township-level officials under the authority was assigned to manage the orderly urban construction to occur without violation promptly or tolerate covering up violations.

Article 19. Jurisdiction to handle violation of order construction of municipality of the people's Committee Chairman hamlet province 1. The promulgation of these regulations, the decision to prevent, redress the violation and order the construction of local municipalities.

2. Decision dealt with the people's Committee Chairman and district-level officials under the authority was assigned to manage the orderly urban construction to happen, not processed in time, tolerate cover for violations.

Article 20. The Authority handled violated the order to build the town of Chief expertise helps people's Committee at district level urban construction management or construction inspection Chief Justice at district level (if applicable) 1. Request a people's Committee Chairman social action Committee decided to suspend the construction work, coercive decisions dismantling works violate the jurisdiction in the case of the people's Committee Chairman granted the commune issued promptly; at the same time, the proposal Committee Chairman-level people have disciplined form for the President of the people's Committee of the social level.

2. The President of the people's Committee of the district level decision dealt with the violation exceeds the authority of the President of the people's Committee of social level; the President of the people's Committee at district level to enact coercive decisions dismantling buildings violated according to the authority.

3. the decision to suspend the construction for construction work in violation of order construction of urban social people's Committee did not promptly treated.

Article 21. The Authority handled violated the order of the municipality Mocst Chief Building Inspector Department of construction 1. The decision to suspend the construction work, coercive decisions dismantling works violated the order to build the municipality for those works by building or district-level people's committees issued a building permit in the case of the people's Committee at district level let go loose management, not issued timely decisions.

2. Petitions Committee Chairman provincial people's Committee Chairman treats the people of district level, organizations, individuals are assigned to manage the orderly urban construction to occur.

Chapter V the order HANDLING PROCEDURES VIOLATED the ORDER to BUILD the MUNICIPALITY Article 22. Set the minutes to stop the construction of 1. Building inspectors or managers to build social responsibility to timely detect violations of the law on social construction; establish a violation to stop the construction works and ask the owner to perform the content to be recorded in the minutes.


2. The minutes to stop the construction is clearly offending content and methods of handling; at the same time; send immediately to the Chairman of the Committee reports to the township level.

3. in case of absence of the owner, or deliberately absent then the minutes still worth implementing.

4. The form and content of the minutes to stop the construction works according to the form prescribed in annex I of this Decree.

Article 23. Suspension of construction 1. Within 24 hours, since the establishment of the construction stoppage memorandums that the investor does not stop the construction to make the content in minutes, then the President of the people's Committee of social action Committee decided to suspend the construction of buildings, forcing investors to make the content of the minutes to stop the construction.

2. Within 24 hours from the time of the decision to suspend the construction work of the township-level people's committees of the bodies concerned are responsible for implementation: a) the President of the people's Committee of social organization forces prohibited the transport of materials , materials, workers on the construction of public buildings violated the order of urban construction;

b) competent person contracting services to provide electricity, water and related services to stop providing the service for construction work in violation of.

3. in case of absence of the owner, or deliberate absence, decided to suspend the construction still in effect.

4. The form and content of the decision to suspend the construction works according to the form prescribed in annex II to this Decree. As for the decision to suspend the construction works by the Chief Building Inspector, Chief Inspector of the Department of construction enacted shall follow the form prescribed in annex III and annex IV of this Decree.

Article 24. Coercive dismantling works breached 1. The township-level people's Committee issued decision on coercive demolition and dismantling institutions: a) after the time limit of 10 days (from the day of rest), since the decision to suspend the construction for buildings not demolition plans;

b) after 10 days (including holidays), since the decision to suspend the construction for buildings to demolition plans that the owner does not make the content recorded in the minutes to stop the construction.

2. The owner must bear the entire cost of demolition plans and cost of coercive organizations dismantling.

3. for construction work in violation of that people's level by the Committee or the Department of building construction permit, within 24 hours from when the social people's Committee issued decision to suspend construction, the people's Committee of social responsibility to send up people's Committee Chairman at district level. Within 10 days from the receipt of the record, the President of the people's Committee at district level to enact coercive decisions dismantling. Chairman of people's Committee of social responsible organization coercive dismantling.

4. for the case to suspend the construction forced the owner must apply for a license to build according to the provisions in clause 2 article 12 of this Decree, the deadline to enact coercive decisions dismantling under the provisions of clause 2 article 12 of this Decree. The township-level people's Committee issued decision on coercive dismantling and coercive organizations make dismantling. The owner must bear the entire costs holding coercive dismantling.

5. in case of absence of the owner, or deliberately absent then the coercive decisions dismantling must still be made.

6. The form and content of the coercive decisions dismantling programs built according to the form prescribed in annex V of this Decree. For coercive decisions dismantling by the Chief Inspector of the Department issued the construction according to the form prescribed in annex VI of this Decree.

Article 25. Works demolition approach violated the order to build the municipality 1. The demolition works must have in order to assure the dismantling process. With regard to the construction approval required dismantling the dismantling plan must do the owner; SC case not qualified plans demolition, the owner to hire qualified consultancy organization the capacity to set up. Cases of coerced dismantling the authority to enact coercive decisions dismantling specify consulting organization plans demolition, the owner must bear all costs of demolition plans.

2. Content of plan demolition demolition projects must show the measures, process equipment, dismantling machinery, demolition, shielding measures to ensure safety of life and property, security, environmental hygiene; order and progress, the cost of demolition. Demolition projects must be professional body in the people's committees at district level approval except where the provisions of paragraph 3 of this article.

3. The case of not dismantling approval: a temporary constructions);

b) Division of public works, construction works have a height from 3 m back down against the background of land;

c) Foundation building is brick, stone foundations; independent concrete foundations are not link with neighboring buildings.

4. hold the break must be eligible under the provisions of the law. Case plans not dismantling the dismantling must ensure the safety of people, property and the environment.

Chapter VI PROVISIONS Enacted 26. Propaganda, common implementation decree provincial people's Committee has the responsibility to: 1. Organizing advocacy, dissemination of this Decree to the people to know and implement.

2. Directs, in cooperation with radio stations, tv stations, the agencies of the Central and local press coverage and the merits of the Organization, individuals in detecting the violations of the order of urban construction; at the same time stated the name of owner, contractor, building contractor, a design contractor consultant supervising construction there are violations of the order to build the municipality enclosed processing measures.

3. submit to the governing body of the Organization, the individual violations of the order of urban construction and requested the heads of the authorities handling measures prescribed by the law.

Article 27. Effective enforcement of this Decree has effect after 15 days from the date The report.

The Ministry of construction is responsible for checking the implementation of this Decree.

Article 28. Responsibility of Ministers, heads of ministerial agencies, heads of government agencies, the Chairman of people's Committee of the central cities, is responsible for the implementation of this Decree.