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Building a house that encroaches on a neighbor's property can be fined up to 200 million VND

16/02/2022


On January 28, 2022, the Government issued Decree 16/2022/ND-CP dated January 28, 2022, which sharply increased the fine level for the act of building a house encroaching on the area, encroaching other individual's property.

Accordingly, in Clause 10, Article 16 of Decree 16/2022, expansion and encroaching the area or the space being legally managed and used by other organizations or individuals or of the area Penalties for public and common areas will be fined as follows:

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A fine of between VND 80-100 million for construction of separate houses;

A fine of between VND 100 and 120 million shall be imposed for building separate houses in conservation zones, historical-cultural relics or other construction works;

A fine ranging from VND 180 to VND 200 million shall be imposed for construction of works requiring construction investment feasibility study reports or construction investment economic-technical reports.

In addition, violators are also forced to demolish the infringing works or parts of construction works.

Previously, according to Decree 139/2017, encroaching on the area or the space being legally managed and used by other organizations and individuals or of the public area were fined from 50 - 60 million dong only.

In addition, organizing the construction of works against the contents of the granted construction permit, for the case of granting a new construction permit, the competent authority will impose a fine ranging from 30 million VND to 40 million VND for the construction of separate houses; from VND 50 million to VND 70 million for building separate houses in conservation zones, historical-cultural relics or other construction works; from VND 100 million to VND 120 million shall be imposed for construction of works requiring construction investment feasibility study reports or construction investment economic-technical reports.

For the failure to publicize the construction permit at the construction site during the construction process as follows: a fine of between VND 5 million and 10 million for the construction of separate houses; a fine ranging from VND 10 million to VND 20 million shall be imposed for building separate houses in conservation zones, historical-cultural relics or other construction works; a fine ranging from VND 20 million to VND 30 million shall be imposed for construction of works requiring construction investment feasibility study reports or construction investment economic-technical reports.

Decree 16/2022/ND-CP takes effect from the date of signing and promulgation.