Prohibited Acts Under the 2025 Construction Law
According to Article 15 of the 2025 Construction Law, the following acts are strictly prohibited:
1. Constructing works in areas where construction is prohibited
The construction of works in areas designated as prohibited construction zones is strictly prohibited.
2. Constructing works that fail to comply with applicable regulations and standards
Construction works must comply with applicable technical regulations and selected standards. Constructing works that fail to meet these requirements constitutes a prohibited act.
3. Commencing construction without satisfying the required conditions
Investors may not arbitrarily commence construction before fully satisfying the legally prescribed conditions for commencement.
This is particularly important during the project preparation stage, as compliance with construction commencement requirements is a key basis for ensuring that a project is implemented in accordance with regulations.
4. Producing or using construction materials that fail to meet quality requirements
The Law prohibits the production or use of construction materials that do not meet required quality standards.
This provision is directly linked to requirements for controlling construction quality and ensuring safety throughout the construction process.
5. Violating regulations on safety and environmental protection
Acts that violate regulations on occupational safety, protection of people and property, fire prevention and firefighting, security and public order, and environmental protection are all prohibited.
This demonstrates that safety requirements in construction extend beyond construction-site safety to include people, property, fire safety, public order and the environment.
6. Using a construction work for an improper purpose or function
Once completed, a construction work must be used for its approved purpose and function in accordance with applicable regulations.
Using a construction work for an improper purpose or function is one of the prohibited acts under Article 15.
7. Giving or receiving bribes or using other entities to participate in construction activities
The Law prohibits giving or receiving bribes and using other individuals or legal entities to participate in construction activities.
These provisions are intended to promote transparency and integrity throughout the construction sector.
8. Abusing positions or powers
Abusing one's position or authority in a manner that results in violations of construction laws is also classified as a prohibited act.
This provision is particularly relevant to the responsibilities of competent authorities involved in the management, approval and organization of construction activities.
9. Obstructing lawful construction activities
Acts that obstruct construction activities carried out in compliance with the law are also prohibited.
10. Arbitrarily modifying designs that have been appraised or approved
Entities involved in construction activities may not arbitrarily modify construction designs that have already been appraised or approved if such modifications affect construction safety, the environment, or fire prevention and firefighting requirements.
This is a notable provision, particularly as the 2025 Construction Law further clarifies the responsibilities of entities involved in construction activities and strengthens the investor's responsibility for project organization and management.
Key Takeaway: Greater Accountability Beyond Procedural Compliance
Overall, the provisions on prohibited acts form part of the broader direction of the 2025 Construction Law: streamlining procedures while increasing the accountability of entities involved in construction activities.
The Law moves away from an approach heavily focused on multi-layered “pre-inspection” procedures toward a “single-point control” approach with greater emphasis on post-inspection. It also abolishes enterprise capacity certificates and increases investors' responsibilities throughout project implementation.
This means that businesses must not only satisfy legal and procedural requirements but also place greater emphasis on actual capabilities, construction quality, safety, transparency and accountability at every stage of a project.
What Should Businesses Pay Attention To?
For investors, contractors and other entities involved in construction activities, understanding the prohibited acts is an important basis for controlling legal risks throughout project implementation.
Key areas requiring particular attention include:
- Fully verifying all conditions before commencing construction.
- Controlling the quality of construction materials and the construction process.
- Complying with applicable technical regulations and selected standards.
- Ensuring occupational safety, fire prevention and firefighting, and environmental protection.
- Using construction works for their intended purposes and functions.
- Strictly controlling design modifications.
- Ensuring transparency throughout project implementation.
The 2025 Construction Law not only establishes requirements for procedural compliance but also places greater emphasis on the responsibility of each participating entity for the quality, safety and transparency of construction activities.
