Illegally built chapel in Cua Lo: If not demolished, it will be forced!
(Baonghean.vn)- Regarding the illegal construction of a chapel in Block 8, Nghi Tan Ward (Cua Lo town), Dr., Lawyer Nguyen Trong Hai, Head of Trong Hai & Associates Law Office, has the following opinion:
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Dr., Lawyer Nguyen Trong Hai |
“When constructing religious facilities, it is necessary to meet all necessary and sufficient conditions according to the provisions of the law. The intentional construction of a chapel by Mr. Tran Van Cay and a number of parishioners in Block 8, Nghi Tan Ward (Cua Lo Town) when the land use rights transfer contract did not fully meet the conditions for the validity of the land use rights transfer contract, and then built a chapel without applying for a construction permit is a violation of the provisions of the Land Law, the Construction Law and the Ordinance on Religious Beliefs, causing insecurity and disorder in the area, which must be handled strictly and promptly.
Thus, after the authorities draw up a record of the violation and decide to suspend the construction work, they will also request Mr. Tran Van Cay and related people to voluntarily dismantle the violating construction work within a certain period of time.
If the people involved do not voluntarily dismantle this illegal construction, according to the provisions of Decree 166/2013/ND-CP dated November 12, 2013 of the Government on the enforcement of decisions on administrative sanctions: "Vietnamese individuals and organizations; foreign individuals and organizations that have been sanctioned for administrative violations and have exceeded the time limit for enforcement or the time limit for postponement of enforcement of decisions on administrative sanctions or the time limit for enforcement of decisions on application of remedial measures for administrative violations but do not voluntarily comply..." then coercive measures will be applied to dismantle the illegal construction.
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The chapel area was built illegally. |
According to the provisions of Article 5, Decree 121/2013/ND-CP dated October 10, 2013 of the Government stipulating administrative sanctions in construction activities; real estate business; exploitation, production and trading of construction materials; management of technical infrastructure works; management of housing and office development, accordingly, violations in the construction field may be subject to the main sanctions (warnings, fines); additional sanctions and remedial measures (Forced demolition of construction works, parts of construction works violating the provisions of Decree No. 180/2007/ND-CP of the Government detailing and guiding the implementation of a number of articles of the Law on Construction on handling violations of urban construction order (point d, clause 3, article 5). |
NPV (record)
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