Voters in Hanoi have urged the government to increase penalties - and even consider criminal charges - for violations related to land use, construction order, and environmental management, in a bid to enhance deterrence and restore discipline in urban planning.

In response, the Ministry of Construction has issued a formal reply to the proposal, which was submitted prior to the 10th session of the 15th National Assembly. The petition also called for streamlining enforcement procedures and expediting the handling of violations in urban construction.

According to the petitioners, enforcement under Decree 16/2022 (on administrative sanctions in construction) and Decree 91/2019 (on land use violations) remains lengthy and complicated. Meanwhile, violations are growing more complex and widespread, resulting in long-standing complaints, unresolved disputes, and serious wastage of resources when illegally built structures are forced to be dismantled.

Faced with this reality, voters have asked the Government to amend current policies in two key directions: simplify enforcement procedures - allowing immediate removal of unauthorized structures - and increase penalties, including criminal prosecution for serious violations in land, construction, and environmental sectors.

Ministry moves to draft stricter construction sanctions

This draft has already been submitted to the Ministry of Justice for appraisal and is scheduled for submission to the Government in December 2025. Throughout the drafting process, several provisions have been revised to align more closely with practical enforcement challenges and legal frameworks across related sectors.

One major change in the new draft involves clearer and firmer regulations for handling and dismantling illegal structures.

Under the current Decree 16, enforcement only applies to structures that are: (i) built incorrectly based on a granted permit; (ii) constructed without a permit; or (iii) built not in accordance with approved design plans. These measures only apply if the structure is still eligible for a permit or design adjustment.

For more serious violations - cases where structures are fundamentally illegal from the outset - the new decree proposes immediate demolition of offending parts, removing delays and reinforcing deterrence.

Fines to be scaled by project size and severity

Another important addition is a new framework that differentiates violators based on the nature and scale of the project, assigning corresponding levels of fines.

Currently, Article 16 of Decree 16/2022 classifies violations into three groups: single-family homes; projects requiring a feasibility study report; and projects requiring a technical-economic justification report. However, in practice, the penalty ranges for the latter two groups are currently merged, which fails to reflect differences in scale or impact.

The draft decree proposes separating these two categories, introducing higher fine brackets for projects requiring a full feasibility study. This adjustment aims to reflect the greater complexity and societal impact of larger-scale projects, thereby strengthening the law’s deterrent effect.

Ministry signals readiness to adopt stronger enforcement measures

The Ministry of Construction confirmed that the concerns and suggestions raised by voters will be seriously considered in finalizing the decree before it is officially submitted later this month.

The move marks a significant step toward strengthening legal enforcement, particularly in a market where construction and land-use violations have often gone unpunished or delayed due to bureaucratic procedures.

It also reflects growing public demand for accountability and deterrence, especially amid rising urban development and land speculation challenges.

Hong Khanh