1. What is a construction permit?

Construction permit is a legal document issued by a competent state agency to investors for new construction, repair, renovation, and relocation of works.

Construction projects must have a construction permit issued by a competent state agency to the investor according to regulations, except for some exempt cases prescribed by law. Construction permits include:

• New construction permit;
• License for repair and renovation;
• Construction relocation permit;
• Construction permit has a term.

2. Conditions for exemption from construction permits?

To be exempt from a construction permit, the construction project must fall into one of the following cases:

(1) State secret works; emergency construction works;

(2) Works belonging to projects using public investment capital are audited by the Prime Minister, heads of central agencies of political organizations, the Supreme People's Procuracy, the Supreme People's Court, and Auditors. State, Office of the President, Office of the National Assembly, ministries, ministerial-level agencies, agencies under the Government, central agencies of the Vietnam Fatherland Front and socio-political organizations, President People's Committees at all levels decide on construction investment;

(3) Temporary construction works as prescribed in Article 131 of the Construction Law 2020;

(4) Repair and renovation works inside the building or repair and renovation works on the outside that are not adjacent to urban roads have architectural management requirements according to regulations of competent state agencies. permission; The content of repair and renovation does not change the usability, does not affect the safety of the structure's load-bearing structure, and is consistent with the construction planning approved by a competent state agency. requirements for fire and explosion prevention and safety and environmental protection;

(5) Advertising works are not subject to construction permits according to the provisions of law on advertising; passive telecommunications technical infrastructure projects according to Government regulations;

(6) Construction works located in two or more provincial administrative units, construction works along lines outside urban areas in accordance with construction planning or technical and specialized planning that has been approved. Approval by competent state agency;

(7) Construction works that have been notified by a specialized construction agency of the results of construction design appraisal implemented after the basic design are eligible for construction design approval and meet the granting conditions. construction permit according to the provisions of this Law;

(8) Individual houses with a scale of less than 07 floors belonging to urban area construction investment projects, housing construction investment projects with detailed planning of 1/500 that have been approved by competent state agencies Browser;

(9) Level IV construction works, individual houses in rural areas with less than 07 floors and in areas without urban planning, functional area construction planning or detailed residential area construction planning Rural residence has been approved by a competent state agency; Level IV construction works, individual houses in mountainous areas and islands in areas without urban planning or functional area construction planning; except for works and individual houses built in conservation areas and historical and cultural relic areas;

Investors constructing works specified in Points (2), (6), (7), (8) and (9), except for individual houses specified in Point (9), are responsible for sending notices. At the time of construction commencement, construction design documents according to regulations are sent to the local state management agency on construction for management.

(Article 89 Construction Law 2020)

3. Application for construction permit

* Application for construction permit for new construction

(1). For non-linear projects:

a) Application for construction permit as prescribed in Form No. 01, Appendix II, Decree 15/2021/ND-CP;

b) One of the documents proving land use rights according to the provisions of land law;

c) Decision on project approval; Written notice of appraisal results from a specialized construction agency and basic design drawing documents with confirmation stamp attached (if any); Report on the results of construction design verification according to the provisions of Clause 4, Article 41 of Decree 15/2021/ND-CP; Certificate of design approval for fire prevention and fighting and accompanying approved documents and drawings according to the provisions of law on fire prevention and fighting; Written results of implementing environmental protection procedures according to the provisions of law on environmental protection in case of failure to appraise the construction investment feasibility study report at a specialized construction agency;

d) 02 sets of construction design drawings in the construction design dossier implemented after the basic design is approved according to the provisions of construction law, including; Drawing of the total project area, location plan of the project on the land lot; Architectural drawings of plans, elevations and main sections of the building; floor plan and foundation drawings; Drawings showing the main structural solutions of the project; Drawing of connection to the technical infrastructure system outside the work or project.

(2). For linear projects:

a) Application for construction permit as prescribed in Form No. 01, Appendix II, Decree 15/2021/ND-CP

b) One of the documents proving land use rights according to the provisions of land law or a written approval from a competent state agency on the location and route plan or a land recovery decision from the agency. competent state agencies according to the provisions of land law;

c) Documents as prescribed in Point c, Clause 1, Article 43 of Decree 15/2021/ND-CP;

d) 02 sets of construction design drawings in the construction design dossier implemented after the basic design is approved according to the provisions of construction law, including: construction route location diagram; overall floor plan or project map drawing; drawings of the main longitudinal and cross sections of the construction route; floor plan and foundation drawings; Drawings showing the main structural solutions of the project; Drawing of connection to the technical infrastructure system outside the work or project.

(3). For belief and religious works:

a) Dossier requesting a religious construction permit includes documents as prescribed in Clause 1, Article 43 of Decree 15/2021/ND-CP and written approval on the necessity of construction and scale Works of specialized agencies on beliefs and religions under the Provincial People's Committee;

b) Dossier to request a permit to construct religious works includes documents as prescribed in Article 46 of Decree 15/2021/ND-CP and opinions of the specialized agency on beliefs and religions under the Commission. Provincial People's Committee (in case the law on belief and religion has regulations); Report on the results of construction design verification for religious works that greatly affect safety and community benefits;

c) For dossiers requesting a license to construct belief and religious works under projects to preserve, repair and restore historical-cultural relics and scenic spots, in addition to the prescribed documents At Points a and b of this Clause, documents must be added on the necessity of construction and the scale of the project by the state management agency in charge of culture according to the provisions of the law on cultural heritage.

(4). Monuments and monumental paintings:

The application dossier for a construction permit includes documents as specified in the Documents of off-line projects and written approval of the necessity of construction and scale of the project from the state management agency in charge of civil works. chemistry.

(5). For advertising works:

Comply with the provisions of law on advertising.

(6). For works of diplomatic agencies and international organizations:

Applications for construction permits for works of diplomatic agencies, international organizations and foreign agencies investing in Vietnam are carried out in accordance with the corresponding regulations in Clause 1 or Clause 2, Article 43. Decree 15/2021/ND-CP and provisions of agreements or agreements signed with the Government of Vietnam.

*Dossier to request a construction permit in case of repair or renovation of works

(1). Application for a permit to repair or renovate works.

(2) Copy of one of the documents proving ownership, management, and use of works and houses according to the provisions of law.

(3). Drawings and photos of the current status of parts, construction items, and individual houses proposed to be renovated.

(4) For historical-cultural relics and classified landscapes, there must be a written approval of the necessity of construction and scale of the project from the state management agency. culture.

*Dossier to request a construction permit in case of project relocation

(1). Application for a project relocation permit.

(2). Copies of documents proving land use rights where the project will be relocated and legal documents on project ownership according to the provisions of law.

(3). Construction completion drawings (if any) or design drawings describing the actual status of the relocated project, including site plan, foundation cross-section and drawing of main load-bearing structure; Drawing of the general area of ​​the construction site to be relocated; floor plan and foundation cross section at the location where the project will be relocated.

(4). Report on survey results assessing the current quality of the project carried out by qualified organizations and individuals.

(5). Relocation plans implemented by qualified organizations and individuals include:

Explanation about the current status of the project and the area to which it will be relocated; Relocation solutions, plans for arranging the use of vehicles, equipment, and human resources; solutions to ensure safety for buildings, people, machinery, equipment and neighboring structures; ensure environmental hygiene; relocation progress; organizations and individuals carrying out project relocation;

Part of drawings of construction measures to relocate the project.

(Articles 95,96,97 Construction Law 2020)

Note: Applications for construction permits in some cases must note the following issues:

– Construction permit application documents are sent directly to the licensing authority or through the online public service portal according to regulations.

– Documents, papers, and design drawings in the application for construction permit are originals or certified copies or electronic copies.

– Construction design drawings in the application for a construction permit must comply with regulations on construction design document specifications according to Article 33 of Decree 15/2021/ND-CP;.

– When submitting documents in electronic copy form, the investor only needs to submit 01 set of construction design drawings.

(Article 42 of Decree 15/2021/ND-CP;)

4. Order and procedures for applying for a construction permit

Step 1: Submit application

The investor submits 02 sets of dossiers requesting a construction permit and adjusting the construction permit to the agency competent to issue construction permits;

Step 2: Receive documents

The dossier receiving department checks the dossier. If the dossier is incomplete, it requests the land user to add additional documents. If the dossier is complete, it writes a receipt and gives it to the land user. In case further consideration is required, the construction permit-issuing agency must notify the land user in writing of the reason, and at the same time report to the authority with direct management authority to consider and direct implementation.

Step 3: Get results

The land user comes to the dossier receiving place according to the time stated in the receipt to receive the results according to regulations.

The land user receives a construction permit accompanied by a design dossier stamped by the construction permit-issuing agency or a written response (in case of ineligibility for a construction permit).