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Legal Update

New Regulations Regarding The Handling By The Government Of Violations Of Construction Laws

17 October 2007
Mayer Brown JSM Legal Update


On 7 July 2007 the Ministry of Construction and the Ministry of Justice issued Joint Circular No. 04/2007/TTLT-BXD-BCA ("Circular 04") guiding the detection and treatment of violations of construction regulations.

Full Update

According to Circular 04, the authorities of the Ministry of Justice and the Ministry of Construction, depending on the function of each body, are responsible for coordinating on the detection and treatment of the following violations in respect of construction activities, including the violation of regulations on:

  • construction planning causing serious consequences;
  • foundation, assessment and approval of investment projects of building construction causing serious consequences;
  • construction surveys causing serious consequences;
  • construction design causing consequences;
  • construction issuance causing serious consequences;
  • execution of building construction and on the supervision of that execution of building construction causing serious consequences;
  • supervision causing serious consequence;
  • using raw materials and equipment during the construction causing serious consequences; and
  • The violation of regulations on bidding in construction activities causing serious consequences.

Any organisation or individual who breaches legal regulations shall be subject to administrative penalties or criminal prosecution depending on the nature and seriousness of the violation; and if a violator causes damage, the violator shall also have to pay compensation.

Circular 04 became valid on 16 August 2007.

Author: Anh Pham

For further information, please contact:

Name: Dao Nguyen
Phone: +844 822 8860
Fax: +844 822 8864

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