In terms of construction work, you have to get a permit from the competent authority for certain types of buildings. However, not everyone understands clearly the related regulations prescribed by the law regarding construction. In some cases, it may confuse people when they want to build kinds of construction work on their land. So, in this article, LSX legal firm would like to provide information regarding: “Do I need a permit to build a restroom in Vietnam?”
Legal grounds
- Civil Code 2015
- Decree 15/2021/ND-CP
- Decree 16/2022/ND-CP
- Law on Construction Work 2014, amended and supplemented in 2020
Do you need a permit to build a restroom in Vietnam?
Under the provisions of the amended and supplemented Law on Construction 2020, some cases are exempted from construction permits.
Accordingly, building a restroom does not belong to cases exempted from construction permits. Therefore, when building a toilet, you must obtain a construction permit from the competent authority before proceeding with construction.
Article 89. General provisions on grant of construction permits
Cases in which construction permit is exempted:
a) Works involving state secrets; works constructed under emergency orders;
b) Works of projects using public investment funds in which the construction investment is decided by the Prime Minister, heads of central-level agencies of political organizations, People’s Supreme Procuracy, People’s Supreme Court, State Audit Office of Vietnam, Office of the President, the Office of the National Assembly, ministers, heads of ministerial-level agencies, Governmental agencies, central-level agencies of Vietnamese Fatherland Front and of socio-political organizations or chairpersons of People’s Committees at different levels;
c) Makeshift construction works as prescribed in Article 131 hereof;
d) Works undergoing repair or renovation of their interior parts or works undergoing repair or renovation of their external architecture not facing roads in urban centers subject to architectural management requirements of competent state agencies; such repair or renovation does not alter the functions and force-bearing structures of the works and must be conformable with construction planning approved by competent state agencies and requirements on fire and explosion prevention and fighting, and environmental protection;
dd) Advertisement works not subject to construction permits as prescribed by the Law on advertisement; passive telecom infrastructure works as prescribed by the Government;
e) Construction works located in the territories of two or more provincial-level administrative units, works constructed in lines outside urban areas which conform to construction planning or detailed planning approved by competent state agencies;
g) Construction works of which result of appraisal of the construction design following the fundamental design have been notified by specialized construction agencies to meet conditions for approval and which meet requirements for construction permit prescribed by this Law;
h) Detached houses with under 07 stories of urban area construction investment projects or housing construction investment projects under detailed planning of 1:500 scale approved by competent state agencies;
…
Application for a permit to build a restroom
Based on Article 43 of Decree 15/2021/ND-CP, you need to prepare the following documents:
- Firstly, an application form for issuance of construction permit No. 01 of Appendix II hereto;
- Secondly, a copy of one in written proofs of land use rights as prescribed in legislation on land;
- Thirdly, project approval decision; the written notice of appraisal result of the construction authority and the basic design drawing documents enclosed with a certification stamp (if any); report on construction design assessment result according to the provisions of Clause 4, Article 41 of this Decree; certificate of fire safety design appraisal and approved documents and drawings enclosed as per the law on fire safety; the result of environmental protection in accordance with the law on environmental protection in case of failure to appraise the feasibility study report at the construction authority;
- Fourthly, 02 sets of construction drawings in the construction design documents following the basic design approved in accordance with the construction law, including the master plan of the project, site plan showing the location of the work; architectural drawings of primary plans, elevations, and sections of the works; footing plans and sections; drawings reflecting structural solutions of the work; site plan linked with outside infrastructure.
Procedures for applying for a permit to build a restroom
Step 1: Submit your application
After preparing all the required documents, investors (including households and individuals) wishing to apply for a restroom construction permit shall submit an application for a construction permit at the People’s Committee of the district where they intend to build.
Step 2: Receive and accept the settlement
Construction permit-issuing agencies shall inspect and evaluate dossiers and issue construction permits according to the prescribed process:
- Firstly, compare the conformity of construction design drawings in the application for a construction permit with the basic design appraised by a specialized construction agency and stamped for certification for works under the project requesting appraisal of feasibility study reports at specialized construction agencies;
- Secondly, check the conformity of the construction design drawings in the application for construction permits with the construction design drawings approved by the competent authority on fire prevention and fighting for the construction works subjected to appraisal and approval on fire prevention and fighting;
- Lastly, check the completeness and validity of the report on verification results for works requiring design verification according to the law.
Step 3: Return the result
Construction permit-issuing agencies shall use their own electronic signatures or seal samples as prescribed to stamp for certification of design drawings enclosed with construction permits issued to investors.
Legal service of LSX Legal Firm
LSX legal firm provides legal services to clients in various legal areas. To make your case convenient, LSX will perform:
- Legal advice related to new regulations in business suspension;
- Representing in drafting and editing documents;
- We commit the papers to be valid, and legal for use in all cases;
- Represent to submit documents, receive results, and hand them over to customers.
With a team of experienced, reputable, and professional consultants; The firm is always ready to support and work with clients to solve legal difficulties.
Furthermore, using our service, you do not need to do the paperwork yourself, We guarantee to help you prepare documents effectively and legally.
Also, you will not have to waste time preparing the application, submitting application, or receiving results. At those stages, we will help you do it smoothly.
After all, LSX provides the service with the desire that customers can experience it the best way. Additionally, we guarantee the cost to be the most suitable and economical for customers.
Related articles
- What cases do not need to apply for a construction permit according to the provisions of Vietnamese law?
- Regulations of Vietnamese law on conditions for granting construction permits
- Dossiers, procedures to establish construction company in Vietnam 2022
Related questions
1. The issuing agency shall publish the contents of the issued construction permits on its website.
2. The investor shall publish the contents of the construction permit at the construction sites during the construction process so that other entities can monitor and supervise according to the provisions of relevant law.
The construction practicing certificate shall be issued to:
Firstly, any individual applying for the practicing certificate for the first time or adjusting his/her practicing certificate rank;
Secondly, any individual applying for renewal of the practicing certificate;
Thirdly, any individual applying for adjustments or amendments to eligibility certificate;
Fourthly, any individual applying for reissuance of the practicing certificate in case the old unexpired certificate is lost or damaged or misstated; or
Lastly, the individuals mentioned in Clause 2 Article 62 of Decree 15/2021/ND-CP
An individual whose practicing certificate shall be revoked in one of the following cases:
Firstly, the individual no longer satisfies the conditions specified in Clause 1 Article 66 of this Decree;
Secondly, the application for issuance of the practicing certificate contains counterfeit documents;
Thirdly, the holder of the practicing certificate rents it, lends it, leases it, borrows it or allows another person to use it;
Fourthly, contents of the practicing certificate are corrected, erased or falsified;
Also, the practicing certificate is misstated at the fault of the issuing authority;
The practicing certificate is issued ultra vires;
Lastly, the practicing certificate is issued in the case of failure to meet eligibility requirements as prescribed.
Contact LSX
Finally, hope this article is useful for you to answer the question about “Do you need a permit to build a restroom in Vietnam?”. If you need any further information, please contact LSX Law firm: +84846175333 or Email: [email protected]
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