VietNamNet Bridge – The Ministry of Construction has again proposed that water and electricity supply be cut off at illegal constructions although this measure was discontinued in 2015 because of its inconsistency with regulations. 

Demolished: An illegal construction is being dismantled in Mai Dich Ward, Cau Giay District, Hanoi. — VNA/VNS Photo Hoang Lam

The regulation was introduced in the Prime Minister’s draft command on construction management being presented by the ministry to seek opinions.

At a recent conference in HCM City, a ministry inspection representative said stopping power and water supply would prevent people from completing illegal constructions.

This was regulated in Decree No.180 issued in 2007. However, the Law of Construction issued in 2014 and Decree No.139 on administrative fines in constructive activities adopted in January, 2015, do not regulate this measure.  

HCM City stopped applying the drastic measure in 2015, but some localities still found it difficult to deter people from building after being suspended.

Huynh Van Dong from HCM City Bar Association told Tuoi tre (Youth) Newspaper that the supply of water and electricity was part of civil relations between suppliers and users. Therefore, water and electricity providers cannot repudiate the supplement contracts if people do not break the terms.

Le Minh Nhut, head of Binh Tri Dong A Commune People’s Committee, said that regulations should have flexibility.

“In Binh Tri Dong A Commune, the local authorities ask people to obey the suspension. In case of an illegal construction on farming land, we will quickly hand it over to competent authorities for forcible dismantling,” Nhut said.

Tran Cong Ly Tao of HCM City Bar Association, emphasised the role of governmental management forces in preventing violations, not just waiting for violations to happen. People may sue water and electricity suppliers if they unreasonably stop providing services, he said.

A representative from Binh Phu Electricity Company said that it would only cut off electricity if local authorities applied coercion. He also recommended the functional forces to tighten management. Otherwise, to cut off water and electricity cut to address violations was not feasible as they were basic amenities.

Tran Van Hoang in Ward 25, Binh Thanh District said that if construction violations were detected, the relevant authorities could impose fines or suspension, not blocking water and electricity supply, to put people under pressure. 

Source: VNS