Be cautious about measures such as cutting off electricity and water.

Many localities have previously proposed cutting off electricity and water supply to construction projects that violate building regulations. This measure is currently being applied in Hanoi in certain cases as stipulated by the Law on the Capital City.

However, the draft decree regulating administrative penalties for construction violations has not yet included this measure for nationwide application.

The draft is being finalized by the Ministry of Construction to replace Decree No. 16/2022/ND-CP, aiming to ensure consistency and uniformity with the specialized legal system recently passed by the National Assembly, especially the Construction Law, the Housing Law, the Real Estate Business Law, and the Urban and Rural Planning Law.

According to the drafting agency, the suspension of electricity and water supply to illegally constructed buildings is currently only regulated specifically for Hanoi under the Capital City Law, and lacks a solid legal basis in the Law on Handling Administrative Violations for widespread application nationwide. For strong measures such as suspending electricity and water supply, a thorough review of practical experiences from implementation in Hanoi is necessary.

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In reality, it is not uncommon for high-rise housing projects or urban areas to violate construction regulations, such as building beyond the permitted number of floors or deviating from detailed planning, yet the developers have already sold or leased the apartments. People buy apartments hoping for stable housing and may not be aware of the developers' violations during construction. If electricity and water supplies are cut off to force the developers to rectify the situation, the residents living in the buildings could be directly affected.

Furthermore, the provision of electricity and water is based on contracts between the service provider and the user. Applying administrative measures affects these contracts, while electricity and water users are not the parties committing the construction violations, potentially leading to complaints and lawsuits.

Therefore, the fact that the drafting agency has not yet proposed applying measures to cut off electricity and water supply nationwide is a cautious approach. Further practical experience needs to be summarized to provide a basis for research and proposals to improve the Law on Handling Administrative Violations, thereby creating a unified and effective legal framework for managing construction order.

The penalties must be strong enough to deter developers who intentionally violate the regulations, but at the same time must ensure that they do not affect the lives of people who are not directly involved in the violations.

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ANH THU

Source: https://www.sggp.org.vn/than-trong-voi-bien-phap-cat-dien-nuoc-post858526.html