The workshop was organized in a combination of in-person and online sessions at more than 30 points of contact of the Departments of Construction nationwide.
Representatives were at the workshop.
Speaking at the opening of the workshop, Deputy Minister Nguyen Van Sinh said that recently, the Government has assigned the Ministry of Construction to be the agency in charge of drafting the Decree regulating administrative penaties in the construction sector, which is an important task in the state management of the Ministry of Construction.
The draft Decree was developed in early 2025 by the Inspectorate of the Ministry of Construction as the lead unit. However, due to many changes related to the merger between the former Ministry of Construction and the Ministry of Transport, the reorganization of the Ministry Inspectorate, and the arrangement of 2-level local governments in the past time have great impacts on legal documents related to the fields of the Ministry of Construction. Especially regarding the Decree on administrative penaties, which the Ministry of Construction had previously drafted and completed with localities, enterprises, and associations and submitted to the Government. However, in the face of many changes, the Ministry of Construction has proactively summarized, evaluated, reviewed, and reported to the Government to amend the Decree.
Deputy Minister Nguyen Van Sinh spoke at the meeting.
The Deputy Minister stated that the scope of the Decree covers areas related to planning, architecture, construction investment activities under construction law, as well as housing, real estate market, urban development, technical infrastructure, and construction materials. In terms of scope, the draft Decree does not differ significantly from the previous version; however, regarding authority, content, violations, and penalty levels, there will be changes.
Currently, the draft Decree is being posted on the Government's Electronic Information Portal and the Ministry of Construction's Electronic Information Portal to widely collect opinions from businesses, associations, localities, ministries and branches.
The Deputy Minister affirmed that workshop aims to listen to the opinions of delegates representing businesses, associations, departments and branches of localities, which are the subjects directly affected by the Decree. He hopes that delegates will contribute very specific and practical opinions, both to enhance the role of state management responsibility and responsibility in law enforcement in this field, ensuring that the Decree is issued on the principle of strengthening decentralization and delegation of power with clear and easy-to-implement regulations, not creating new barriers and difficulties for businesses, affecting socio-economic development.
Within the framework of the workshop, a representative from the Legal Department’s leadership presented an overview of the draft Decree on administrative penalties in the construction sector. Accordingly, the purpose of issuing the Decree is to fully and promptly institutionalize the Party’s guidelines and the State’s policies and laws on the development of the construction sector; to improve and establish a consistent, unified, stringent, and feasible legal basis for detecting, preventing, and promptly handling violations of construction laws; to address limitations and shortcomings encountered during the implementation of Decree No. 16/2022/NĐ-CP; and to enhance the effectiveness and efficiency of state management in the construction field.
Representative of the Legal Department’s leadership reported on the draft Decree.
This Decree provides regulations on administrative penaties, forms of penalties, penalty levels, remedial measures, the authority to issue administrative violation records, the authority to impose administrative penalties, the enforcement of administrative penalties, and the enforcement of remedial measures in the field of construction, including: construction and urban planning; architecture; construction investment activities; urban development; technical infrastructure; housing management and development; real estate business; and the production of construction materials.
The subjects of application of the Decree are Vietnamese organizations and individuals, as well as foreign organizations and individuals who commit administrative penaties specified in this Decree on the territory of the Socialist Republic of Vietnam, except in cases where an international treaty to which the Socialist Republic of Vietnam is a party provides otherwise.
Organizations specified in the draft Decree include: Economic organizations established under the Enterprise Law: private enterprises, joint-stock companies, limited liability companies, partnership companies, and the enterprise’s dependent units (branches, representative offices); Economic organizations established under the Cooperative Law: cooperatives, cooperative unions, and cooperative groups; Organizations established under the Investment Law: domestic investors, foreign investors (excluding individuals), and economic organizations with foreign-invested capital; State agencies that commit administrative violations not related to their assigned state management functions; Political-social organizations, social-professional organizations; Public service units; Apartment building management boards; Other organizations established under the provisions of law.
Persons authorized to prepare administrative violation records, apply preventive measures, and ensure the enforcement of administrative penalties, as well as persons authorized to impose administrative penalties.
The Ministry of Construction has reorganized the draft Decree by grouping administrative violations, forms of penalties, and remedial measures into chapters according to the state management functions of the Ministry as stipulated in Government Decree No. 33/2025/ND-CP dated February 25th, 2025, on the functions, tasks, powers, and organizational structure of the Ministry of Construction, which include: construction planning; architecture; construction investment activities; urban development; technical infrastructure; housing; real estate market; and construction materials.
For chapters with many violations, the content is divided into sections according to the order of specialized laws to ensure full regulation of violations according to specialized laws, clear applicable subjects, ensuring scientific, unified, easy to look up and apply such as:
Chapter on construction investment activities: divide sections according to the order of the process of carrying out construction investment activities prescribed by the Construction Law; clearly identify the subject of sanctions in each provision.
Chapter on housing and real estate market: divide sections according to the order prescribed in the Housing Law 2023, the Real Estate Business Law 2023; clearly identify the subject of sanctions in each provision.
“The draft Decree consists of 97 Articles divided into 12 chapters, amending and supplementing regulations on violations to align with newly issued specialized legal documents (the Law on Housing, the Law on Real Estate Business, and the Law on Urban and Rural Planning). It also revises the titles of officials authorized to impose administrative penalties in the construction sector and the application of remedial measures and corresponding fines for each title, based on the provisions of the Law on Handling of Administrative Violations and Chapter II of Decree No. 189/2025/NĐ-CP.
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Business representatives speak at the workshop.
At the workshop, representatives of businesses and corporations stated that the draft Decree has a clear and well-structured layout. During the drafting process, businesses provided many comments, and the Decree Editorial Team updated and supplemented reasonable contents. The businesses also offered additional feedback on several issues such as the penalties for violations by project owners related to construction order which remain unclear and overlapping; clarification of sanctioning authority, and matters related to the acceptance and completion of construction items…
Representatives of Associations, localities and Ministries also gave many direct comments at the Workshop and would continue to research, review and send written comments to the drafting agency, the Ministry of Construction.
Concluding the workshop, Deputy Minister Nguyễn Văn Sinh acknowledged and highly appreciated all the comments made by enterprises, associations, local authorities, and ministries. He expressed his hope that agencies, organizations, enterprises, and associations would continue to thoroughly review the draft Decree and send their written feedback to the Ministry of Construction for compilation and refinement. The Ministry of Construction will seriously and openly consider and fully incorporate all the comments from the participants, update and supplement the draft, and ensure that the Decree is completed on schedule.
For the host unit, the Legal Department, the Deputy Minister requested close coordination with relevant specialized units to complete this task, compile and continue to incorporate the opinions shared at workshop as well as written feedback from agencies and organizations, while also studying and reviewing overlapping, intersecting, or out-of-scope contents related to this Decree.