Legal and Tax Updates

Instruction on Quality Strengthening and Construction Safety

On 10 January 2020, Ministry of Land Management, Urban Planning, and Construction (“MLMUPC”) has issued the instruction No. 002 DNS/SNN, on Quality Strengthening and Construction Safety (“Instruction”) which strongly focuses on strengthening construction law enforcement and other relevant regulations to the competent authorities in the field of construction, the General Department of Construction, Capital-Provincial General Department of Land Management, Urban Planning, and Construction, Office of Land Management, Urban Planning, and Construction, and Land Municipal, District/Khan (“Competent Authority”).

In accordance with this Instruction, the Competent Authority shall issue an immediate suspension of construction and if the construction still continues, the Competent Authority shall file the complaint to the court according to the procedure in force in the event that there is any misconduct to any of the followings occurs:

  • It is strictly forbidden to construct any building without a construction permit, to repair or to demolish and permit for opening construction site.
  • It is strictly forbidden for any building work or demolition by builders who have no license or certificate to conduct the business issued by the MLMUPC.
  • It is strictly forbidden for construction​ site which construct or demolish without the​ engineer at the site as person in charge.
  • It is strictly forbidden to stay in any building under construction even it is just a temporary and strongly prohibit non-duty person entering into the construction site.
  • It is strictly forbidden to use any kind of construction without a certificate of construction use or construction permit issued by the competent authority.

In addition, in order to ensure the security and safety of construction site, the Competent Authorities must take into account on the main conditions of the following key points: (1) Construction, repair or demolition permit, (2) Permit for opening construction site, (3) Arrangement of construction site, (4) Process of construction site, and (5) Certification work.

Should you need any advice and/or clarification on this matter, please do not hesitate to contact us.