What cases do not need to apply for a construction permit according to the provisions of Vietnamese law?

To build a certain project (house, restaurant, …) you must apply for a construction permit. Only when a building permit is obtained can the work be carried out. However, there are also cases where a building permit is not required. Which cases are those? Today, LSX Lawfirm will give you an article about “What cases do not need to apply for a construction permit according to the provisions of Vietnamese law?“, as follows:

Legal grounds

Law on Construction 2014.

What is the concept of a building permit?

Clause 17, Article 3 of the Law on Construction 2014 stipulates that a construction permit is a legal document issued by a competent state agency to an investor for new construction, repair, renovation, or relocation of work.

Construction permits include the types of permits specified in Clause 3, Article 89 of the Law on Construction 2014, specifically as follows:

– Firstly, a New construction permit;

– Secondly, License for repair and renovation;

– Thirdly, Work relocation permit.

What are the building permits?

– New construction permit.

This type of permit is granted to investors wishing to build new works. Construction permits are divided into two types of paper:

+ Construction permit with a definite term: A construction permit with a definite term a construction permit issued for the construction of works or separate houses to use within a certain period of time according to the implementation plan of the construction planning.

+ Phased construction permit: A phased construction permit a construction permit granted to each part of a work or each work of a project when the construction design of the work or of the project has not yetimplemented. finished show.

Thus, according to the Law on Construction 2014, regulations on construction permits also include construction permits with a term and a construction permit in stages. Accordingly, a construction permit with a definite term a permit granted for works or separate houses to use within a certain period of time according to the implementation plan of the construction planning. A phased construction permit is a construction permit for each part of a work or each work of a project when the construction design of the work or the project has not completed.

In addition

– License for repair and renovation.

The law stipulates that for cases where there is a need to repair or renovate, which changes the load-bearing structure, area of ​​the work, or project, people will need to apply for a permit. In case the exterior of the architectural works adjacent to the road changes, affecting the environment, the safety of the work, or the use of the work changes, a construction permit must obtain.

Subjects will need to prepare all the necessary documents to submit to the competent authority for consideration of the application. With valid documents, they will schedule to receive permits within 15 days for individual houses, and 30 days for other works. Invalid documents must supplement or amended then.

– Permit to relocate the work.

The specific cases in which the subjects need to apply for a construction permit to relocate the work are as follows:

+ Firstly, Relocating individual houses, works in urban areas need to apply for a construction permit to relocate the works.

+ Secondly, Relocating individual houses, and works in the center of commune clusters need to apply for a construction permit to relocate the works.

+ Thirdly, Relocating individual houses, works in conservation zones, and cultural-historical relic areas need to apply for a construction permit to relocate the work.

The investors of the works need to fully meet the conditions for relocation of the works. In addition, investors also need to prepare all necessary documents and fees to granted a license.

Cases that do not require a building permit 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 then;

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 then;

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, and 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 then;

And

e) Houses under urban development projects, housing development projects; with a scale of fewer than 7 floors; and a total floor area of ​​less than 500m2 with a detailed 1/500 plan approved by a competent state agency ;

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 then;

h) Repair or renovation works that change the exterior architecture of the urban areas; do not contiguous with 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 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 approved; separate houses in the countryside, except for separate houses built in conservation zones, historical-cultural relics;

Note: For the above cases exempted from construction permits, it is responsible; to notify the time of construction commencement enclosed; with construction design documents to the local construction management agency; for monitoring and storage. documents (According to Clause 2, Article 89, Law on Construction 2014).

Thus, we provided the necessary information about the cases in which a building permit not required.

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Above is LSX Lawfirm’s advice on the content of the problem “What cases do not need to apply for a construction permit according to the provisions of Vietnamese law?”. And all the above knowledge to use in work and life. If you have any questions and need more advice and help, please contact the hotline for the reception. Lawyer X is a place that provides reputable and fast business services at reasonable prices. Customers will be extremely satisfied when using our services.

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