Today, the real estate market is an issue that many people are interested in. Everyone wants to have their own home. So about the matter “Regulations on housing repair under Vietnam law” Let’s find out with LSX in the article below.
Legal grounds
- Construction Law 2014
- Decree No. 15/2021/ND-CP
When does housing repair or renovation need a permit?
According to Clause 2, Article 89 of the Law on Construction 2014, when repairing and renovating houses, there are 02 cases of exemption from construction permits, including:
Case 1: Repair, renovation and installation of equipment inside the work does not change the load-bearing structure, does not change the use function, does not affect the environment, public safety;
Case 2: Repair or renovation works that change the exterior architecture not adjacent to roads in urban areas with requirements on architectural management.
Thus, if not falling into the above two cases, a permit is required. In other words, when repairing or renovating a house with the following changes, a permit is required:
+ Changing the bearing structure;
+ Change the usability;
+ Affecting the environment and construction safety;
+ Changing the architecture of the outer surface that is not adjacent to the road in the urban area with requirements on architectural management.
According to the provisions of Clause 2, Article 89 of the Law on Construction 2014 (amended and supplemented in 2020), General regulations on granting construction permits and cases exempt from construction permits include:
a) Works that are state secret, works built under urgent orders and works located in the area of two or more provincial-level administrative units;
b) Works under construction investment projects decided on investment by the Prime Minister, Ministers, Heads of ministerial-level agencies, Presidents of People’s Committees at all levels;
c) Temporary construction works serving the construction of main works;
d) Works built along lines outside urban areas but in accordance with construction plannings already approved by competent state agencies or approved by competent state agencies in terms of work alignments;
đ) Construction works under projects of industrial parks, export processing zones, high-tech zones with detailed planning 1/500 already approved by competent state agencies and appraised for construction designs according to construction design regulations. provisions of this Law;
e) Houses under urban development projects, housing development projects with a scale of less than 7 floors and a total floor area of less than 500 m2 with a detailed 1/500 plan approved by a competent state agency. Browser;
g) Works to repair, renovate or install equipment inside the work without changing the load-bearing structure, without changing the use functions, without affecting the environment and safety of the works;
h) Repair or renovation works that change the exterior architecture not adjacent to roads in urban areas with requirements on architectural management;
i) Technical infrastructure works in rural areas only require the preparation of economic – technical reports on construction investment and in areas where there is no approved detailed construction planning for rural residential quarters;
k) Construction works in rural areas in areas where urban development planning and detailed construction planning have not yet been approved; separate houses in the countryside, except for separate houses built in conservation zones, historical-cultural relics;
l) The investor in the construction of works exempted from construction permits as prescribed at Points b, d, dd and i of this Clause is responsible for notifying the time of construction commencement enclosed with the construction design dossier to local construction management agency for monitoring and record keeping.
How to apply for a housing repair permit?
For the case of house repair with changes in bearing structure. The home repair process is quite complicated. You submit the application for repair permit at the District People’s Committee. You need to prepare 1 set of documents including the following documents:
1. Inspection dossiers;
2. Drawings applying for repair permission;
3. Ownership of the house;
4. Registration fee;
5. Minutes of commitment not to affect the surrounding households;
6. Minutes of signature confirmation.
The processing time for a permit to repair a house with changes to the bearing structure of the house is 20 working days from the time you submit the application to the competent agency for settlement.
After obtaining the license: You submit the drawing for permission and the contractor’s legal documents to the construction officer in charge of the local ward/commune the house you want to repair (Business registration license of the repair company. house, certificate of commander of the officer in charge of construction, accident insurance for workers)
Preparation for construction: Hang up the project information board, plastic injection construction permit in front of the project.
For the case of home repair without changing the bearing structure: The house repair procedure is quite simple, including: An application for house repair submitted to the ward’s construction officer. Implementation time: depending on local regulations.
Notes on the issue of building permits for level 4 houses: Level 4 houses are a familiar word for people. Level 4 houses are houses that have only the ground floor with tiled roofs, or corrugated iron roofs when talking about houses without floors, with corrugated iron or tile roofs. So when you repair a level 4 house without upgrading the floor, you will be in the 2nd case. Repairing a house at level 4, level 3, level 2, and level 1 must apply for a construction permit. So when repairing a level 4 house without raising the floor, without changing you are classified in the 2nd case.
Regulations on housing repair under Vietnam law
Article 47 of Decree No. 15/2021/ND-CP stipulating dossiers of application for construction permits in case of repair or renovation of works, specifically as follows:
“Article 47. Dossier of application for a construction permit in case of repair or renovation of works
1. An application form for a permit to repair or renovate works or separate houses, made according to Form No. 01, Appendix II of this Decree.
2. One of the papers proving the right to own, manage and use works or separate houses as prescribed by law.
3. Existing drawings of construction parts to be repaired or renovated, approved according to regulations, have a scale corresponding to the ratio of drawings in the dossier of application for repair or renovation permit and photos (minimum size 10 x 15 cm) of current status of works and neighboring works before repair or renovation.
4. Design dossiers for repair and renovation corresponding to each type of work as prescribed in Article 43 or Article 46 of this Decree.
5. For works of historical-cultural relics and ranked scenic spots, a written approval of the necessity for construction and size of the works must be obtained from the state management agency in charge of construction.”
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Please see more
- What is illegal construction in Vietnam?
- Management of individual houses in Vietnam construction investment projects
- An overview of Intellectual Property in Vietnam
Frequently asked questions
According to Clause 3, Article 89 of the Law on Construction 2014, the types of construction permits are as follows:
– Construction permits include 03 types of permits:
+ New construction permit;
+ License for repair and renovation;
+ Permit to relocate the work.
Pursuant to Article 97 of the 2014 Law on Construction, the dossier of application for a construction permit in case of work repair or renovation is as follows:
– An application for a license to repair or renovate a house.
– A copy of one of the papers proving the right to own, manage and use the house as prescribed by law.
– Drawings and photos of the current state of parts and items of individual houses to be renovated.
In addition, the application for a construction permit for repair and renovation of separate houses is detailed in Article 47 of Decree 15/2021/ND-CP as follows:
– An application form for a permit to repair or renovate separate houses, made according to Form No. 01, Appendix II of this Decree.
– One of the documents proving the right to own, manage and use the works or separate houses as prescribed by law.
– Existing drawings of construction parts to be repaired or renovated which have been approved according to regulations with a scale corresponding to the ratio of drawings in the application for repair and renovation permits and photos. Take pictures (minimum size 10 x 15 cm) of the current status of the works and neighboring works before repairing or renovating.
Regarding the conditions for temporary residence registration, based on Article 27 of the Law on Residence 2020 stipulates as follows:
“Conditions for temporary residence registration
1. Citizens who come to live in lawful places of residence outside the commune-level administrative units where they have registered their permanent residence to work, study or for other purposes for 30 days or more must make temporary registration.
2. The maximum temporary stay is 02 years and can be extended many times
3. Citizens may not register a new temporary residence at the place of residence specified in Article 23 of this Law.”
If the above conditions are satisfied, they may register for temporary residence, which is included in the application for temporary residence registration as prescribed at Point b, Clause 1, Article 28 of the Law.
Conclusion: So the above is Regulations on housing repair under Vietnam law. Hopefully with this article can help you in life, please always follow and read our good articles on the website: lsxlawfirm.com
