Regulations on construction permits with a term in Vietnam

Hi Lawyer, Can you tell me what is a Building Permit with a term? I would like to thank you very much for answering my questions.

Thank you for sending us your question. The registration of a construction permit is an important thing before proceeding with construction. To be able to provide you with information about What is a Term Building Permit? Lawyer X invites you to refer to our article below.

Legal grounds

• Construction Law Amendment 2020

What is a valid building permit?

When building a separate house or other construction, everyone wants to be granted a construction permit for an indefinite period. However, in some cases where there is construction planning that has been approved and announced by a competent state agency but has not yet been implemented and a decision on land recovery has not been issued, only a construction permit with a definite term shall be granted. to build works if conditions are met.

In other words, this type of permit is granted to investors who apply for a construction permit in an area with a construction zoning plan, a functional zone construction zoning plan, or a detailed planning, master plan. details of construction of functional zones have been approved and announced by competent state agencies but have not been implemented and no decision on land recovery has been issued if all conditions are met.

Note: Investors include households and individuals.

Conditions for granting a construction permit with a definite term

Clause 33, Article 1 of the revised Construction Law 2020 provides for the following conditions:

General conditions

(1) Belonging to an area with construction zoning planning, functional zone construction zoning planning or detailed planning, detailed construction planning of functional zones already approved by competent state agencies, announced but not yet implemented and no decision on land recovery has been issued by a competent state agency.

(2) In accordance with the scale of the work prescribed by the People’s Committee of the province for each area and the duration of the work’s existence according to the implementation plan of the construction subdivision planning, the zone construction subdivision planning; function or detailed planning, detailed planning on construction of functional zones already approved by competent state agencies.

(Based on Clause 33, Article 1 of the revised Construction Law 2020 and on the basis of the implementation plan of the construction planning, the location of the work, the People’s Committee of the province promulgates specific regulations on the scale and dimension. high; the duration of the work’s existence to serve as a basis for granting a construction permit with a definite term. Accordingly, in order to be granted a permit, this condition must be met).

(3) Suitable for land use purposes according to the documents proving the land use rights.

(4) The investor commits to demolish the work by itself when the term of existence of the work inscribed in the permit expires and the competent state agency issues a decision on land recovery; if they do not demolish themselves, they will be forced to and bear all costs for the demolition.

In case after this time limit, the construction planning cannot be implemented, the investor may continue to use the work until the state agency issues a decision on land recovery. The support when demolishing is carried out in accordance with the law on land.

Specific Conditions

For construction works other than individual houses

The following general and specific conditions must be met:

Ensuring safety for neighboring works and works and requirements on environmental protection, fire and explosion prevention and fighting; ensure a safe distance to inflammable, explosive and toxic works and important works related to national defense and security; ensure the safety of technical infrastructure, protection corridors for irrigation works, dikes, energy, traffic, cultural heritage sites, historical and cultural relics.

The construction design of the work has been appraised and approved according to the provisions of Clause 24, Article 1 of the revised Construction Law 2020.

There is a suitable application file for a construction permit.

For individual housing

The following general and specific conditions must be met:

• 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.
• Construction design must comply with the provisions of Clause 7 Article 79 of the Law on Construction 2014 (individual houses with a total construction floor area of ​​less than 250 m2 or with a height of less than 12 meters or less than 3 floors, the household self-designed family,…).
• Have a dossier of application for a construction permit as prescribed.

Note:

• When the expiration of the duration stated in the construction permit, but the adjusted construction planning prolongs the implementation plan, the agency that has issued the construction permit shall notify the extension of the existence of the construction permit. construction. In case the investor continues to have demand for new construction or repair or renovation, it shall issue a construction permit with a definite term according to the adjusted construction planning time limit.
• Construction works, separate houses in case (1) and having annual land use plans of the district level shall not issue construction permits with a definite term for new construction but only grant construction permits. construction with a limited time for repair and renovation.

In case, after 03 years from the date of publication of the district’s annual land use plan, the competent state agency has not yet issued a decision on land recovery or has not yet permitted the change of land use purpose according to the land use plan. If the annual land use plan of the district has been announced without adjustment or cancellation, or the adjustment or cancellation of the district-level annual land use plan has not been announced, the land users may the right to apply for a construction permit with a definite term.

Dossier of application for a construction permit with a term

This profile applies to villas, townhouses and independent houses)

Dossier of request for implementation as for new construction, specifically:

– Number of documents: 02 sets.

The application includes the following documents:

(1) An application form for a construction permit made according to Form No. 01 (the title alone must be changed to “Application for a construction permit with a definite term”).

(2) One of the documents proving the land use right such as Red Book, Pink Book.

(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 in case the law on construction requires it, including:

– A drawing of the construction site on the land lot, together with a map of the location of the work.

– Drawings of floors, elevations, and main sections of the work.

– Drawing of foundation plan and footing section together with connection diagram of technical infrastructure system outside the work including water supply, drainage, and electricity supply.

For works with adjacent works, there must be a commitment to ensure safety for adjacent works.

Procedures for applying for a construction permit with a term

Step 1: Submit your application

The investor (including households and individuals) shall submit it to the district-level Single Window for transfer to the district-level People’s Committee or by post.

Step 2: Receipt of application

Step 3: Process the request

Step 4: Return the result

Time limit for settlement: No more than 15 days from the date of receipt of complete and valid dossiers.

In case the time limit for granting a construction permit is reached but further consideration is required, it may be extended but must not exceed 10 days from the expiry date. In this case, the investor must be notified in writing of the reason.

Related article

• Regulations of Vietnamese law on conditions for granting construction permits
• Additional terms of construction insurance in accordance with Vietnamese law
• Issuing construction permits for foreign contractors in Vietnam

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