Is it possible to change the investor in the construction permit in Vietnam?

For cases when the investor has applied for a construction permit, but due to many problems, it is impossible to build according to the construction content that has been granted by a competent state agency, then it will have to do the following: Continue to adjust construction permits according to the provisions of law. When wanting to change a thing written on a construction permit in Vietnam, investors should pay attention to legal issues, now the State has also made very clear regulations on the cases in which the investor must adjust the construction permit in Vietnam. Permits for this construction are stipulated in the Law on Construction. We invite you to read through the article of Lawyer X to understand and understand the regulations on “Change the investor in the construction permit in Vietnam” which can help readers understand more deeply the law.

Legal grounds

Construction Law 2014

Decree 15/2021/ND-CP

Cases where the investor must adjust the construction permit in Vietnam

According to the provisions of Clause 1, Article 98 of the Law on Construction 2014 as follows:

“Article 98. Adjustment of construction permits

1. In the course of construction, if there is a design adjustment that changes one of the following contents, the investor must request the adjustment of the construction permit:

a) Changing the architectural form of the work’s exterior, for works in urban areas in areas with requirements on architectural management;

b) Changing one of the elements of construction location and area; scale, height, number of floors of the work and other factors affecting the main load-bearing structure;

c) When adjusting the design inside the work, it changes the use function, affecting safety, fire and explosion prevention and fighting, and environmental protection.”

(1) Changing the architectural form of the work’s exterior, for works in urban areas in areas with requirements on architectural management;

(2) Change of one of the factors of location, construction area; scale, height, number of floors of the work and other factors affecting the main load-bearing structure;

(3) When adjusting the design inside the work, it changes the use function, affecting safety, fire and explosion prevention and fighting, and environmental protection.

Thus, it can be seen that the investor cannot be changed in the construction permit

Dossier of application for a construction permit in Vietnam for new construction

(1) For non-linear works

– An application form for a construction permit as prescribed in Form No. 01, Appendix II of Decree 15/2021;

– One of the documents proving the land use right in accordance with the law on land;

– Decision approving the project; a written notice of appraisal results by a specialized construction agency and dossier of basic design drawings enclosed with certification stamps (if any); report on construction design verification results as prescribed in Clause 4, Article 41 of Decree 15/2021; certificate of approval for design of fire prevention and fighting and approved documents and drawings enclosed with the provisions of law on fire prevention and fighting; documents on results of implementation of procedures for environmental protection in accordance with the law on environmental protection in case the construction investment feasibility study report is not appraised at a specialized construction agency;

– 02 sets of construction design drawings in the construction design dossier, deployed after the basic design is approved in accordance with the law on construction, including; the drawing of the total ground of the whole project, the location of the work on the land lot; architectural drawings of the main plans, elevations and sections of the work; floor plan, foundation section; drawings showing the main structural solution of the work; ground drawings connected to the technical infrastructure system outside the work or project.

(2) For works along the route

– An application form for a construction permit as prescribed in Form No. 01, Appendix II of Decree 15/2021;

– One of the documents proving the land use right as prescribed by the law on land or the written approval of the competent state agency on the location and route plan or the decision on land recovery of the agency. competent state in accordance with the law on land;

– Decision approving the project; a written notice of appraisal results by a specialized construction agency and dossier of basic design drawings enclosed with certification stamps (if any); report on construction design verification results as prescribed in Clause 4, Article 41 of Decree 15/2021; certificate of approval for design of fire prevention and fighting and approved documents and drawings enclosed with the provisions of law on fire prevention and fighting; documents on results of implementation of procedures for environmental protection in accordance with the law on environmental protection in case the construction investment feasibility study report is not appraised at a specialized construction agency;

– 02 sets of construction design drawings in the construction design dossier, deployed after the basic design is approved in accordance with the law on construction, including: location diagram of the work route; general plan drawing or construction plan drawing; drawings of major longitudinal and transverse sections of the construction route; floor plan, foundation section; drawings showing the main structural solution of the work; ground drawings connected to the technical infrastructure system outside the work or project.

(3) For works of belief and religion

– An application file for a permit for the construction of a religious work includes the same documents as for a work not following the above route and a written approval of the necessity for construction and the scale of the work from a specialized agency in charge of religious affairs. belief and religion of the People’s Committee of the province;

– Dossier of application for a license to build a belief work includes the documents specified in Article 46 of Decree 15/2021 and opinions of the specialized agency in charge of belief and religion of the People’s Committee of the province. (if the law on belief and religion provides for it); report on construction design verification results for religious works that greatly affect the safety and interests of the community;

For dossiers of application for permits for construction of belief and religious works under the project of preservation, renovation and restoration of historical-cultural relics, scenic spots, in addition to the above documents, the following documents must be submitted. supplement documents on the necessity of construction and scale of works by the state management agency in charge of culture in accordance with the law on cultural heritage.

(4) Monumental works, monumental paintings

An application file for a construction permit includes documents such as regulations for works not following the above-mentioned route and a written approval of the necessity for construction and the size of the work from the state management agency in charge of construction documents. chemical.

(5) For advertising works

Comply with the law on advertising.

(6) For works of diplomatic missions and international organizations

Dossier of application for a construction permit for works of diplomatic missions, international organizations and foreign agencies investing in Vietnam shall comply with the corresponding regulations applicable to non-linear or non-linear works. for the works along the line and the provisions of the Agreements or agreements signed with the Government of Vietnam.

Procedures for applying for the construction permit in Vietnam

Step 1: Prepare documents for the construction permit in Vietnam

Number of documents: 02 sets.

Profile composition:

Dossier of application for modification of a construction permit is specified in Clause 2, Article 51 of Decree 15/2021/ND-CP as follows:

1. An application for modification of a construction permit, made according to the following form:
2. The original of the issued construction permit.
3. The investor’s report on appraisal results and written approval of the adjusted construction design (except for separate houses), which must contain contents on assurance of load-bearing safety, and safety against prevention and combat. fire, explosion, environmental protection.
4. 02 sets of construction design drawings in the construction design dossier, which are adjusted and deployed after the basic design is approved in accordance with the respective construction laws as prescribed in Articles 43, 44, Article 45, Article 46 or Article 47 of Decree 15/2021/ND-CP.

Step 2: Submit your application

Submit dossiers at the one-stop-shop to transfer to the construction permit-granting agency, specifically:

• District-level one-stop shop for works and individual houses that are granted by the district-level People’s Committees.
• Provincial-level one-stop-shop (public administration center) for works for which construction permits are issued by provincial-level People’s Committees.

Note: If the locality has not yet established a one-stop shop to receive documents, it must be submitted directly to the agency that previously issued the construction permit.

Step 3: Receipt of application

Agencies competent to issue construction permits are responsible for receiving dossiers of organizations and individuals requesting the grant or modification of construction permits; check records; write a receipt in case the dossier meets the regulations or guide the investor to complete the dossier in case the dossier does not meet the regulations.

Within 07 working days from the date of receipt of the dossier, the agency competent to issue the construction permit must organize the appraisal of the dossier and conduct a field inspection. When appraising dossiers, competent agencies must identify missing documents, documents that are not in accordance with regulations or reality in order to notify once in writing to the investor to supplement and complete the dossier profile.

In case the supplemented dossier fails to satisfy the requirements specified in the written notice, within 05 working days, the competent authority shall notify in writing and instruct the investor to continue completing the dossier. profile.

The investor is responsible for supplementing and completing the dossier according to the written notice. In case the addition of the dossier still fails to satisfy the notification contents, within 03 working days, the competent authority shall notify the investor of the reason for not granting the permit.

Processing time: Within 20 days for works, within 15 days for individual houses, from the date of receiving complete and valid dossiers.

Step 4: Return the result

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Please see more:

Environmental protection costs in construction in Vietnam

Procedures for applying for a construction permit in Vietnam

Regulations on future house purchase and sale contracts in Vietnam

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