Hello Lawyer! The temple of my village has been built for a long time, so now it shows signs of deterioration and needs to be repaired. I want to ask what are the regulations on repair and renovation of construction works? I hope the lawyer will respond soon to answer my questions. Thank you!
Thank you for submitting your question to Lawyer. We will answer your questions in the following article. Please refer.
Legal grounds
Construction Law 2014
Law on Construction Amended and Supplemented 2020
Decree 15/2021/ND-CP
What is renovation and repair work?
Renovation is the process of renewing a building or construction site by repairing what already exists. In some cases, people also add new components to the building when renovations are carried out.
Construction repair includes changing the entire design and construction structure of the building.
Exemption from construction permits
According to Clause 2, Article 89 of the 2014 Construction Law, which is amended and supplemented with Clause 30, Article 1 of the revised and supplemented Construction Law 2020, the following works are exempt from construction permits:
State secret works, works built under urgent orders and works located in the area of two or more provincial-level administrative units;
Works under construction investment projects approved by the Prime Minister,
Ministers, heads of ministerial-level agencies, presidents of People’s Committees at all levels shall decide on investment;
Temporary construction works in service of construction of main works;
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;
Construction works under projects of industrial parks, export processing zones, high-tech zones with detailed planning 1/500 approved by competent state agencies and appraised for construction designs in accordance with regulations of law. This Law;
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 detailed planning 1/500 already approved by competent state agencies;
Works that repair, renovate and install equipment inside the work do not change the load-bearing structure, do not change the use functions, do not affect the environment and the safety of the works;
Repair and renovation works that change the exterior architecture not adjacent to roads in urban areas with requirements on architectural management;
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;
Construction works in rural areas in areas where there is no approved urban development planning and detailed construction planning; separate houses in rural areas, except for separate houses built in conservation zones, historical-cultural relics;
The investor in the construction of works exempted from construction permits as prescribed at Points b, d, đ and i of this Clause is responsible for notifying the construction commencement time together with the construction design dossier to the construction agency. local construction managers to monitor and keep records.
Do you need a permit to repair or renovate a construction project?
According to regulations, when repairing or renovating a construction work, a permit is required, except for the following cases:
Works that repair, renovate and install equipment inside the work do not change the load-bearing structure, do not change the use functions, do not affect the environment and the safety of the works;
Repair and renovation works that change the exterior architecture not adjacent to roads in urban areas have requirements on architectural management.
Regulations on repair and renovation of construction works
Dossier of application for a construction permit
According to Article 47 of Decree 15/2021/ND-CP, an application for a construction permit in case of repair or renovation of construction works includes:
An application form for a license to repair or renovate works or houses, made according to the form in Appendix 1 to this Circular.
One of the documents proving the right to own, manage and use 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 of the dossier of application for repair and renovation permit and photos taken. (minimum size 10 x 15 cm) current status of works and neighboring works before repair or renovation.
Design dossiers for repair and renovation corresponding to each type of work are specified in Article 43 or Article 46 of this Decree.
For the works of historical-cultural relics and ranked scenic spots, there must be a written approval of the necessity for construction and the scale of the works from the state management agency in charge of culture. .
Procedures for applying for a construction permit for repair and renovation of construction works
Submit the application file at the People’s Committee of the district where the house is located.
Receipt of dossiers: District-level People’s Committees are responsible for receiving dossiers and examining dossiers. If the application is complete, the receipt will be given to the submitter. If the application is not completed correctly, the instructions for completing the application will be guided.
Request handling
Return of results: The district-level People’s Committee shall grant the investor the permit enclosed with the design file submitted for construction permit with the seal of the competent authority.
Order and contents of consideration for grant of construction permits
According to Article 54 of Decree 15/2021/ND-CP, the order and contents of consideration for issuance of construction permits are prescribed as follows:
Construction permit-issuing agencies shall inspect and evaluate dossiers and issue construction permits according to the process specified in Article 102 of the 2014 Law on Construction as amended and supplemented according to the provisions of Clause 36, Article 1. of Law No. 62/2020/QH14;
Construction permit-issuing agencies shall use their own electronic signatures or seal samples as prescribed in Form No. 13, Appendix II of this Decree to affix their seals to certify the design drawings enclosed with the construction permits issued to them. investor.
The construction permit-issuing agency is responsible for examining the conditions for granting a construction permit specified in Article 41 of this Decree. The examination of the contents which have been appraised, appraised and verified by agencies or organizations in accordance with the law shall be carried out as follows:
Compare the conformity of construction design drawings in the application for construction permit with the basic design appraised and certified by a specialized construction agency, for works under the project. request appraisal of the feasibility study report at a specialized construction agency;
Check the conformity of construction design drawings in the application for construction permit with the construction design drawings approved by competent authorities on fire prevention and fighting for construction works in the province. subject to request for appraisal and approval on fire prevention and fighting;
Check the completeness and validity of the report on verification results for works requiring design verification according to the provisions of this Decree.
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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Frequently asked questions
When the dossier is ready, the project owner can send the dossier directly at the district-level People’s Committee or by post to the dossier-receiving division of the district-level People’s Committee where the land is located.
According to Clause 3, Article 89 of the Law on Construction 2014, construction permits include:
Construction permit
– License for repair and renovation
Permit to relocate the work.
Conclusion: So the above is Regulations on repair and renovation of construction works in Vietnam. Hopefully with this article can help you in life, please always follow and read our good articles on the website: lsxlawfirm.com
