Before starting the construction work, the contractor needs to complete the procedures to apply for a construction permit from the competent authority. This is a mandatory provision of the law, if an individual or organization is required to apply for a construction permit without carrying out the procedures for obtaining a permit, such individual or organization will be sanctioned. So, in this article, LSX legal firm would like to give you a guide with: “Procedures for applying for a construction permit in Vietnam”
Legal grounds
- Law on Construction 2014
- Decree 15/2021/ND-CP
When do you need to apply for a construction permit?
To start the construction of separate houses, the contractor must obtain a construction permit before starting construction, in case a permit required.
Under Clause 30, Article 1 of the revised Law on Construction in 2020, the following cases must have a construction permit before starting construction:
- Firstly, separate houses in urban areas, except for separate houses with a scale of less than 07 floors under urban construction investment projects, housing construction investment projects with detailed planning 1/500 approved by the competent state agency.
- Secondly, separate houses in rural areas with a size of less than 07 floors but in areas with construction plans for functional areas or detailed construction plans for rural residential areas already approved by competent state agencies.
- Thirdly, separate houses in rural areas built in conservation areas, and historical-cultural areas.
- Fourthly, separate houses in rural areas with a scale of 07 floors or more.
Procedures for applying for a construction permit
Step 1
The project owner shall submit 2 sets of dossier of application for a construction permit or request for adjustment of construction permit to the agency competent to grant construction permits.
Step 2
The agency competent to grant construction permits shall:
- Receive the dossier.
- Check the validity of the dossier.
- Write a receipt if the dossier valid as prescribed or guide the project owner to complete the dossier if it fails to meet prescribed requirements.
Step 3
Within 7 working days after receiving a dossier, the agency competent to grant construction permits shall organize an appraisal of the dossier and conduct a field inspection.
During the appraisal, the competent agency shall determine which documents are still missing, improper or untrue to reality and inform them once in writing to the project owner for supplementation and completion of the dossier.
If the supplemented dossier still fails to meet the notified requirements, within 5 working days the competent agency shall issue a written notice to the project owner guiding the latter to further improve the dossier.
The project owner shall supplement and complete the dossier according to the written notice.
If the supplemented dossier still fails to satisfy the notified contents, within 3 working days, the competent agency shall notify the project owner of the reason for the refusal to grant a permit.
Step 4
The agency competent to grant construction permits shall examine the size, characteristics, and category of the work and site of construction stated in the dossier of application for a construction permit against the conditions prescribed in the Law on Construction and send written requests for opinions of state management agencies in charge of fields related to the construction work in accordance with the law.
Step 5
Within 12 days, for works or separate houses, after receiving a dossier, consulted state management agencies shall issue written replies on the contents under their respective management functions.
After the above time limit, if they give no opinions, they shall be considered having agreed and shall take responsibility for the contents under their respective management functions; in pursuance to current regulations, the agency competent to grant construction permits shall decide to grant construction permits.
Step 6
From the date of receiving a valid dossier, the agency competent to grant construction permits shall examine the dossier for the grant of a permit within 20 days in the case of grant of construction permits, including also construction permits with definite terms, adjusted construction permits, and relocation permits, and within 15 days, for separate houses.
At the end of the time limit for the grant of a construction permit, if the agency competent to grant construction permits needs more time for examination, it shall notify in writing the reason to the project owner and at the same time report it to the direct management agency for consideration and direction, but within 10 days after the expiration of the time limit prescribed in this Clause.
Application for a construction permit
Separate house
- An application for a construction permit;
- A copy of one of the papers proving land use rights as prescribed by the land law;
- Construction designing drawings;
- A written commitment to ensure safety for adjacent works, for construction works adjacent to other works.
Work to be built not in line
- An application for a construction permit;
- A copy of one of the papers proving land use rights as prescribed by the land law;
- A copy of the project approval or investment decision;
- Construction designing drawings;
- Declarations on the capabilities and experiences of designing organizations or individuals in charge of construction designing, enclosed with copies of practice certificates of design managers.
Work to be built in line
- An application for a construction permit;
- A copy of one of the papers proving land use rights as prescribed by the land law;
- A copy of the project approval or investment decision;
- Construction designing drawings;
- Written approval of a competent State agency of the location and plan of the line;
- The land recovery decision of a competent state agency as prescribed by the land law.
Religious work
- An application for a construction permit;
- A copy of one of the papers proving land use rights as prescribed by the land law;
- A copy of the project approval or investment decision;
- Construction designing drawings;
- Declarations on the capabilities and experiences of designing organizations or individuals in charge of construction designing, enclosed with copies of practice certificates of design managers.
- Written approval of a competent state agency in charge of the religion of the necessity of construction and the size of the work.
Monument or mural
- An application for a construction permit;
- A copy of one of the papers proving land use rights as prescribed by the land law;
- A copy of the project approval or investment decision;
- Construction designing drawings;
- Declarations on the capabilities and experiences of designing organizations or individuals in charge of construction designing, enclosed with copies of practice certificates of design managers.
- A copy of the permit or written approval of a state management agency in charge of the culture of the necessity of construction and the size of the work.
Advertisement work
- An application for a construction permit;
- A copy of one of the papers proving land use rights as prescribed by the land law;
- A copy of the project approval or investment decision;
- Construction designing drawings;
- Declarations on the capabilities and experiences of designing organizations or individuals in charge of construction designing, enclosed with copies of practice certificates of design managers.
- A land or work lease contract, in case of lease of land or work for advertisement;
- A copy of the permit or written approval of a state management agency in charge of advertisement of the necessity of construction and the size of the work.
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;
- 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.
Contact LSX
This article contains information about “Procedures for applying for a construction permit in Vietnam” In recent years, we have supplied effective legal advice to businesses and individuals at reasonable prices and with efficient results. We always update and keep our operations and services in line with the law by adhering to legal principles. If you need any further information from the firm’s solicitors, please contact LSX Law firm: +84846175333 or Email: [email protected]
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Frequently asked questions
1. The Ministry of Construction shall grant construction permits for works of special grade.
2. Provincial-level People’s Committees grant construction permits for construction works of grades I and II; religious works; historical and cultural relic works, monuments and murals which have been ranked; works in main street lines and thoroughfares in urban centers; and works of foreign-invested projects. Provincial-level People’s Committees may decentralize powers to provincial-level Construction Departments, and management boards of economic zones, industrial parks, export processing zones and hi-tech parks to grant construction permits under the scope of management and functions of these agencies.
3. District-level People’s Committees shall grant construction permits for works and separate houses in urban centers, centers of commune clusters and in conservation zones and historical and cultural relic areas in the territories under their management, except construction works prescribed in Clauses 1 and 2.
Firstly, new grant of citizen separate houses (subject to permits): 75,000 VND.
Secondly, new grant for other works: 150,000 VND.
Thirdly, renewal of construction permits: 15,000 VND.
According to Clause 4, Article 103 of the Law on Construction, agencies competent to grant construction permits are competent to adjust, extend, re-grant, and withdraw construction permits they have granted.
Conclusion: So the above is Procedures for applying for a 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
