The competent authority inspects and penalizes the administrative offense and forcibs the dismantling of the construction of the offense. Mr. Dinh asked, is this punishment correct?
 
The Ministry of Construction responds to this issue as follows:
 
In Clause 5, Article 13 of the Government's Decree No. 121/2013 / ND-CP dated October 10, 2013 stipulating the sanctioning of administrative violations in construction activities; Real estate business; Exploiting, producing and trading construction materials; Management of technical infrastructure works; Housing and office development management regulates: "Administrative sanction for acts of organizing construction of works in contravention of the granted construction permit".
 
At Point a, Clause 2, Article 6 of the Construction Ministry's Circular No. 02/2014 / TT-BXD of February 12, 2014 detailing and guiding the implementation of a number of articles of Decree No. 121/2013 / ND- CP detailing Clause 5, Article 13 of Decree No. 121/2013 / ND-CP as follows:
The construction of individual houses in one of the following cases is not considered to be a misconduct:
 
A) Change the design inside the building without affecting fire prevention and fighting; environment; Utility; Strengthen the main bearing structure or external architecture of the structure.
 
According to the application of Doan Van Dinh, his change of design inside the works does not affect the density of construction; fire protection; environment; Utility; Main bearing structure; Surface works.
 
So if the content of his reflection is correct, then he built the gap is not considered illegal construction and not be punished administrative violation and not dismantle the construction further.
 
 

 

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