Regulations of Vietnamese law on conditions for granting construction permits

After receiving the application for a construction permit, the competent state agency will consider and grant a permit to the investor (including households and individuals) if they are eligible for a construction permit. construction permits in accordance with regulations. So what are the legal regulations on conditions for granting construction permits? To learn more about this, today, LSX Lawfirm will give you an article about “Regulations of Vietnamese law on conditions for granting construction permits”, as follows:

Legal grounds

Construction Law amending and supplementing in 2020.

General construction permit conditions

To be licensed for construction, all works must fully meet the following general conditions:

• Firstly, For areas where there are no urban plannings, construction plannings for functional areas, or detailed construction plannings for rural residential areas, the plannings of relevant technical and specialized nature of regulations on management of architectures must be considered. The structure of the document of the competent state agency approving the location and the total ground (for works that do not follow the route outside the urban area) is the basis for considering and granting a construction permit.
• Secondly, Works under construction investment projects that do not require detailed construction planning in accordance with the law on planning, works under construction investment projects organized by an investor with a large scale If the area is smaller than 05 hectares (less than 02 hectares for investment projects on construction of apartment buildings), the construction zoning planning is the basis for consideration and grant of construction permits.
• Thirdly, For construction works that greatly affect the safety and interests of the community, there is a requirement for verification according to the provisions of Clause 6, Article 82 of the Law on Construction 2014 as amended and supplemented in Clause 24, Article 1 of the Law on Construction and Amendment. In 2020, the report on inspection results, in addition to the investor’s specific requirements, must have a conclusion that meets the construction safety requirements, and the compliance with standards and technical regulations of the construction design documents.

Conditions for granting construction permits for separate houses

In order to issue a construction permit for an individual house, we need to base on the geographical location of that housing area as follows:

• To grant a permit to build separate houses in urban areas, the following conditions must be met:
• Be suitable for land use purposes according to the approved land use planning;
• Ensuring safety for neighboring works and works and requirements on environmental protection, fire and explosion prevention, and fighting; ensure the safety of technical infrastructure, protection corridors for irrigation works, dikes, energy, traffic, cultural heritage areas, historical-cultural relics; ensure a safe distance to inflammable, explosive and toxic works and important works related to national defense and security;
• Design and construction of separate houses shall comply with the provisions of Clause 7, Article 79 of this Law;
• Dossier of application for a construction permit according to the provisions of Clause 1, Article 95, Article 96, and Article 97 of the Law on Construction 2014 amended and supplemented by 2020.
• Besides, the licensing also needs to be consistent with the detailed construction planning;
• For separate houses in areas or streets in urban areas that have stabilized but have not yet had detailed construction planning, they must conform to regulations on management of urban planning, architecture, or urban design as approved by the agency. promulgated by the competent state agency. For separate houses in rural areas: When built, it must conform to the detailed construction planning of rural residential quarters.

Conditions for granting construction permits for works in urban areas

In order to grant a construction permit, works in urban areas must fully satisfy the following conditions:

• Conform to the detailed construction planning approved by the competent state agency. For construction works in areas or streets in urban areas; that have stabilized but have not yet had detailed construction planning, they must conform to the regulations on management; of urban planning, architecture, or urban design as approved by the authority. promulgated by the competent state agency.
• Be suitable for land use purposes according to the approved land use planning.
• Ensuring safety for neighboring works and works and requirements on environmental protection, fire and explosion prevention, and fighting; ensure the safety of technical infrastructure, protection corridors for irrigation works, dikes, energy, traffic, cultural heritage areas, historical-cultural relics; ensure a safe distance to inflammable, explosive and toxic works and important works related to national defense and security.
• The work construction design has appraised and approved according to the provisions of Article 82 of this Law. Dossier of application for a construction permit is suitable for each type of permit; as prescribed in Articles 95, 96, and 97 of the revised Construction Law 2014.

Conditions for granting construction permits for works that do not follow out-of-urban routes

Construction Law 2014 amended and supplemented in 2020 defines; that works along the lines of non-urban areas if they want to license for construction, must fully satisfy the following conditions:

• Firstly, In accordance with the location and total ground of the project, which has approved in writing by the competent state agency.
• Secondly, Ensuring safety for neighboring works and works and requirements on environmental protection, fire and explosion prevention, and fighting; ensure the safety of technical infrastructure, protection corridors for irrigation works, dikes, energy, traffic, cultural heritage areas, historical-cultural relics; ensure a safe distance to inflammable, explosive and toxic works and important works related to national defense and security then.
• Thirdly, The work construction design has appraised and approved according to the provisions of Article 82 of this Law.
• Finally, A dossier of applications for a construction permit is suitable for each type of permit in accordance with current construction laws.

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