Currently, the practice of building houses without a building permit is still very common. If you do not apply for a construction permit, people will face a lot of legal risks. Decree 16/2022/ND-CP stipulating penalties for administrative violations in construction investment activities. In particular, the act of building a house without permission can be fined up to 100 million VND depending on the case. Therefore, it is very important to obtain a building permit. So, Procedures for applying for a housing construction permit in Vietnam? Lawyer X would like to introduce you to the following article.
Legal grounds
- Construction Law 2014
- Construction Law Amendment 2020
What is a building permit?
Pursuant to Article 3 of the Law on Construction 2014 stipulates:
“Construction permit is a legal document issued by a competent state agency to an investor to construct, repair, renovate or relocate a work.”
In addition, according to the Law on Construction 2014 on one of the conditions for starting construction as follows:
Article 107. Conditions for starting work construction
- The commencement of work construction must satisfy the following conditions:
b) Having a construction permit, for works required to have a construction permit as prescribed in Article 89 of this Law;
Therefore, it can be seen that a construction permit is one of the most important documents. It is one of the conditions for starting construction. The housebuilder before construction needs to go to the competent agency to apply for a construction permit.
Cases in which a building permit is required
Pursuant to Clause 30, Article 1 of the revised Construction Law 2020, the following cases must have a construction permit before starting construction:
(1) Separate houses in urban areas, except for separate houses with a scale of less than 07 floors in urban areas construction investment projects, housing construction investment projects with detailed planning 1/500 has been approved by the competent state agency.
(2) Separate houses in rural areas with a size of less than 07 floors but in areas with construction plannings for functional areas or detailed construction plannings for rural residential areas approved by competent state agencies. approval authority.
(3) Separate houses in rural areas but built in conservation areas, and historical-cultural sites.
(4) Separate houses in rural areas with 07 floors or more.
Cases in which housing is exempt from construction permits
Pursuant to Clause 30, Article 1 of the revised Construction Law 2020, the following cases are exempt from construction permits, specifically:
(1) Separate houses with a scale of less than 07 floors belonging to investment projects on construction of urban areas, investment projects on housing construction with detailed planning 1/500 already approved by competent state agencies. approval (in this case, the start time must be announced).
(2) Separate houses in rural areas with a size of less than 07 floors and in areas where there is no planning for construction of functional areas, urban planning or detailed construction planning for rural residential quarters that have been approved. approved by the competent state agency.
(3) Separate houses in mountainous areas, islands in areas without urban planning or construction planning for functional areas.
Dossier of application for a housing construction permit
- Number of records: 02 sets
- Profile composition:
Article 46 of Decree 15/2021/ND-CP stipulates that the composition of the dossier includes:
(1) An application for a construction permit made according to Form No. 01.
(2) One of the documents proving the right to use the land in accordance with the land law.
(3) 02 sets of construction design drawings enclosed with the Certificate of design approval for fire prevention and fighting together with the approved drawings in case the law on fire prevention and fighting requires it; a report on construction design verification results when required by construction law, including:
- A drawing of the construction site on the land lot, together with the location map of the work;
- Drawings of floors, elevations and main sections of the construction work;
- Drawing of foundation ground and cross-section, together with connection diagram of technical infrastructure system outside the work, including water supply, drainage, and power supply;
- In case there is an adjacent work, there must be a commitment to ensure the safety of that adjacent work.
Note: Depending on the specific conditions of the locality, the People’s Committee of the province or city directly under the Central Government publishes design drawing samples for households and individuals to refer to when making their own construction designs.
Procedures for applying for a housing construction permit in Vietnam
The process of applying for a housing construction permit follows the following steps:
Step 1: Submit your application
The investor (household, individual) shall submit to the Public Administration Service Center or the Division to receive and return results of administrative procedures settlement of the district-level People’s Committee.
Step 2: Receipt of application
The recipient is responsible for receiving and checking the dossier.
– If the application is complete and correct, write a receipt and give it to the submitter.If the dossier is incomplete or incorrect, the investor shall be instructed to complete the dossier in accordance with regulations.
Step 3: Resolve the request
Step 4: Return the result
Time limit for settlement: No more than 15 days from the date of receiving complete and valid dossiers as prescribed.
If the time limit is up but further consideration is required, the licensing agency must notify the investor in writing of the reason, but within 10 days from the expiration date.
Construction permit fee
Fees for licensing are regulated by the People’s Councils of provinces and cities, so there are differences in the rates between provinces and cities.
What is the penalty for building a house without permission?
Pursuant to Clause 7, Article 16 of Decree 16/2017/ND-CP, fines shall be imposed for the act of organizing the construction of works that do not have a construction permit but require a construction permit as follows:
a) A fine ranging from VND 60,000,000 to VND 80,000,000 shall be imposed for building separate houses;
b) A fine ranging from VND 80,000,000 to VND 100,000,000 shall be imposed for building separate houses in conservation zones, historical-cultural relics or other construction works;
c) A fine ranging from VND 120,000,000 to VND 140,000,000 shall be imposed for the construction of works requiring construction investment feasibility study reports or construction investment economic-technical reports. build.
In addition to fines, organizations or individuals that commit violations must stop construction and have a time limit of 60 days from the date of making the minutes to carry out the procedures for applying for a construction permit. If the construction permit cannot be presented within days, the measure of forced demolition shall be applied.
Please see more:
- Instructions for exclusive registration of company logos in Vietnam
- Service of changing the legal representative of Vietnamese enterprises
Services of Lawyer X
Prestigious professional services: Firstly, the team of consultants and consultants for many years in the field of civil status, and customer support.
On-time: Certainly, with the motto “Get your lawyer right at your fingertips”, we ensure the service always performs on time. The rights and interests of customers always come first.
Cost: Besides, Lawyer X’s service costs are highly competitive; depending on the nature of the particular case. So, we want our guests to have the best possible service experience. Therefore, costs which guaranteed to be the most suitable and economical for customers.
Confidentiality of client information: Finally, all brand personal information of client Lawyer X will be 100% confidential.
Please contact us immediately with questions about the “Procedures for applying for a housing construction permit in Vietnam”
Contact LSX Lawfirm
Finally, we hope this article is useful for you to answer the question: “
Please contact us immediately with questions about the “Procedures for applying for a housing construction permit in Vietnam”. If you need any further information, please contact LSX Law firm: at +84846175333 or Email: [email protected]
Frequently asked questions
Construction permits include:
a) New construction permit;
b) License for repair and renovation;
c) Work relocation permit;
d) The construction permit has a term.
The authority to issue construction permits is assigned to the Ministry of Construction, the People’s Committee of the province (Department of Construction); District-level People’s Committees, and industrial park management boards. As follows:
– Ministry of Construction
Issuance of construction permits for special works
Provincial People’s Committee
Decentralize the Department of Construction to issue construction permits for grade I and grade II construction works; religious works, works of historical-cultural relics, monuments and monumental works which have been ranked in the administrative boundaries under their management; works on main streets and roads in urban areas according to regulations of provincial People’s Committees; works under foreign direct investment projects; works under the project and other works assigned by the People’s Committee of the province;
– District People’s Committee
Granting construction permits for remaining works and separate houses in urban areas, including separate houses in areas recognized by the State for conservation within the administrative boundaries under their management.
Conclusion: So the above is Procedures for applying for a housing construction permit in Vietnam. Hopefully with this article can help you in life, please always follow and read our good articles on the website: lsxlawfirm.com
