Procedures for applying for a license to build advertising works in Vietnam
The procedure for applying for a license to build advertising works is interesting to many businesses and investors because advertising is an extremely effective means of promoting products to consumers. In this regard, Lawyer X received the following question:
“Hello Lawyer X. I am Tran Thi N. Dear Lawyer, I am currently running a business specializing in the production of fertilizers. I plan to build an outdoor advertising screen with an area of about 30m2 in Hai Phong. So do I need to apply for a permit to build this advertising screen? If yes, what documents do I have to prepare and where do I go? Thank you, lawyers. We hope to receive advice from a lawyer soon.”
In your case, if you want to build an outdoor advertising screen in such an area, you will have to carry out the procedure for licensing the construction of advertising works. So how is this procedure regulated by law? Let’s find out with Lawyer X right here.
In case you need to apply for a permit
The construction of advertising works must apply for a construction permit in the following cases:
– Construction of outdoor advertising screens with an area of 20 square meters (m2) or more on one side.
– Construction of signs, and billboards with an area of over 20 square meters (m2) on one side of a metal frame or similar construction material attached to existing construction.
– Stand-alone billboards with an area of 40 square meters (m2) or more on one side.
Conditions for being licensed
To be licensed to build advertising works, the following conditions must be met:
– Conform to the detailed construction planning approved by the competent state agency. For construction works in areas or streets in urban areas that have been stabilized but have not yet had detailed construction planning and urban designs, they must conform to the architecture management regulations approved by competent state agencies. issuing authority.
– Suitable for land use.
– Ensure safety for neighboring works and works; requirements on environmental protection, fire and explosion prevention, and control; ensure the safety of technical infrastructure and work protection corridors; ensure a safe distance to inflammable, explosive, and toxic works and important works related to national defense and security.
– The construction design has been appraised and approved.
Please read for reference: Issuing construction permits for foreign contractors in Vietnam
Order and procedures for implementation
The order and procedures for granting construction permits for advertising works are as follows:
Step 1: Prepare documents:
Dossier for carrying out procedures for issuance of permits for construction of advertising works include:
– An application for a license to build advertising works.
– Copy of your business registration certificate.
– Certified copy of one of the following papers: certificate of land use right; written agreement or land lease contract for independent advertising works; a venue lease agreement between you and the legal owner/use for the advertising work associated with the existing work; written notice of the bid winning result, for the case where the advertising location in the planning is subject to bidding;
– In case the advertising works are associated with the previous works:
Must have your written agreement or contract with the owner/manager of the pre-existing building
– Design drawings of a legal design organization showing the typical location, cross-section, and elevation; the foundation ground of the work has the signature and stamp of the investor building the advertisement work. In case the advertising works are attached to the existing works, the design drawings must show the solution for linking the advertising works to the existing works.
Step 2: Submit your application:
You submit 02 sets of documents to the Department of Construction of the locality where you plan to build.
Please read more: Commodity buying and selling activities in Vietnam
Step 3: Get the result:
– In case the locality has approved the advertising planning:
Within 15 days, the Department of Construction issues a construction permit for you. In case of refusal to grant a permit, a written reply must be given stating the reason;
– In case the locality has not approved the advertising planning:
Within 2 working days, the Department of Construction sends a written request to the relevant departments, departments, and agencies. Then, within 5 working days, the departments, agencies, and sectors reply in writing to the Department of Construction. Within 13 days from the date of receipt of comments from the above-mentioned departments, departments, the Department of Construction must issue a license to build advertising works for you. In case of refusal to grant a permit, a written reply must be given stating the reason.
Frequently asked questions
There are 2 ways to do the procedure:
Option 1: Do it directly at the local Department of Construction
Method 2: Send the application by post to the Department of Construction to receive and return the results.
The fee for granting a construction permit shall comply with the regulations of the People’s Council of the province where the investor applies for a construction permit. Specifically, the fee for granting a construction permit in Hanoi according to Resolution 06/2020/NQ-HDND dated 7/7/2020 is 150,000 VND/1 permit.
The answer is yes. Acts of organizing the construction of advertising work without a construction permit but required a construction permit according to regulations shall be subject to a fine of between VND 10,000,000 and 20,000,000.
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