An improper construction activity is the construction contrary to one and/or several term(s) of construction permits and design drawings already granted/approved by the competent authority.

However, the construction of separate dwelling-houses in one of the following cases is not improper contruction activity:

- Changing the interior design of a construction work without affecting its fire safety, environment; use function; main weight-bearing structure or facade architecture;

- Reducing the number of floors fewer than specified in the construction permits for areas where there is no approved detailed construction master plan (Scale 1/500) or urban design.

- With respect to the works constructed contrary to the terms of permits or without permits for which there is a decision on an administrative penalty or compulsory demolition decision (under Decree No. 23/2009/ND-CP, which expired on 30 November 2013 and replaced by Decree 121 as aforementioned), if these construction works do not violate regulations on construction boundaries, not have an adverse effect on adjacent works nor involve in any disputes, and they are built on the land with a relevant land use rights certificate in areas where construction is permitted, the persons authorized to deal with administrative violations shall consider and decide as follows:

- Invalidating the compulsory demolition decision;

- Issuing the decision on additionally applying remedial measures to recover the illegal benefits obtained, equivalent to 40% of the value of the part of such improper or unlicensed construction work (for separate dwelling-houses), or 50% of the value of the part of construction works constructed without a license or contrary to the terms of permit, approved construction master plan or urban construction design (for construction works investment project or works with only required formulation of technical and economic report of construction.

This Circular 02 will take effect on 02 April 2014.

Number 02
Symbol 2014/TT-BXD
Issue date 12/2/2014
Effective date 2/4/2014
Expired Date null
Signer Nguyen Tran Nam
Descriptions Circular No. 02/2014/TT-BXD dated 12 February 2014 detailing and guiding the implementation of a number of articles of Decree No. 121/2013/ND-CP (“Decree 121”) dated 10 October 2013 on sanctioning of administrative violations in construction activities; real estate business; exploitation, production and trading of building materials; management of technical infrastructure; and management of housing and office development.
Office Ministry of Construction
Type of Document Circular
Field Inspector