What are the procedures for applying for a high-rise building construction permit?
1. What are the procedures for applying for a high-rise building construction permit?
Step 1: Prepare documents.
Dossier to apply for a high-rise building construction permit includes:
– Application for construction permit;
– A certified copy of one of the documents proving land use rights according to regulations;
– Technical design drawings or construction drawing designs made by qualified organizations and individuals and have been appraised and approved by the investor according to the provisions of construction law;
– In case of installing equipment or other structures into a built project, if not owned by the investor, there must be a certified copy of the Contract with the project owner;
– In case the project has an additional basement, the application needs to be supplemented with a copy or photo file of the investor's written approval of foundation construction measures to ensure safety for the project and neighboring structures;
– Decision to approve the project accompanied by a written investment approval from the competent authority, written opinions on the basic design (if any) from the state management agency according to regulations.
Step 2: Submit application.
The investor directly submits 1 set of documents to the competent authority to issue construction permits according to regulations.
Step 3: Receive documents.
Within 10 working days from the date of receipt of the dossier, the agency competent to issue construction permits will review and check the dossier:
– In case the application meets the prescribed conditions: The competent authority will notify the investor of the receipt of the application through a receipt.
– In case the dossier does not meet the conditions and needs additional documents, the competent agency will notify the investor in writing to request additional and complete dossiers. In case the additional documents still do not meet the requirements, the competent authority will send written instructions to the investor. After two additions, if the application is still not eligible to apply for a license, the competent authority will not review the application and notify the investor in writing clearly stating the reason for this issue.
Step 4: Licensing.
The agency competent to grant construction permits will review the dossier and issue the construction permit according to regulations, within no more than 20 working days for construction projects and 15 days for individual houses in urban areas. town.
In fact, in case an additional review period is needed, the construction licensing agency must notify the investor in writing of the reason, and at the same time report to the competent authority directly managing the deadline. Additional extension must not exceed 10 working days from the expiration date.
Step 5: Receive results and pay fees.
The investor will go to the agency that received the application according to the time stated in the receipt to receive the results and pay the prescribed fee.
After paying the fee, the investor will receive a construction permit accompanied by design documents stamped by the construction licensing agency.
2. Projects that are exempt from construction permits:
Pursuant to the provisions of Clause 17, Article 3 of the Construction Law 2014, a construction permit is a legal document issued by a competent state agency, granting permission to organizations and individuals to conduct new construction or renovation. repair, renovation, and relocation of works. Construction permit is a tool for competent state agencies to perform the function of managing construction works on land.
Construction permit is an important step in the construction process, it has the role of monitoring and controlling construction activities to ensure that the work is carried out in accordance with legal regulations and required technical standards. set. At the same time, it also helps protect the rights and interests of the community, ensuring the safety and quality of construction works.
* Projects are exempt from construction permits:
As stipulated in Clause 2 of the 2014 Construction Law, projects that do not require a construction permit include:
– Works related to state secrets, works built under emergency orders and works located in two or more provinces;
– Works under investment projects according to decisions of the Prime Minister, Ministers, Heads of ministerial-level agencies, Presidents of People's Committees at all levels;
– Temporary construction works to serve the construction of main works;
– Construction projects approved or approved by a competent state agency on the project's alignment;
– Works belonging to industrial park projects, export processing zones, and high-tech zones with detailed planning of 1/500 have been approved by competent state agencies and have their designs evaluated according to regulations;
– Residential buildings belonging to urban development projects, housing development projects with a scale of less than 7 floors with a total floor area of less than 500 m2 and with detailed planning of 1/500 approved by state agencies. have approval authority;
– Repair, renovation, and installation of equipment inside the building does not change the load-bearing structure and does not change the usability, does not affect the environment or construction safety;
– Repair and renovation works that change the exterior architecture of the building and that work is not adjacent to an urban road when there are architectural management requirements;
– Technical infrastructure works in rural areas only require the preparation of economic and technical reports on construction investment and do not have detailed plans for construction of rural residential areas that have been approved;
– Construction works in rural areas that do not have urban development planning but have approved detailed construction planning; projects that are individual houses in rural areas, except for cases where individual houses are built in conservation areas or historical and cultural relic sites;
However, for some projects according to legal regulations, when constructing, the investor needs to notify the start time of construction along with construction design documents to the local construction management agency for follow-up. Monitor and save records.
3. Authority to issue construction permits:
As stipulated in Article 103 of the Construction Law 2014, the authority to grant construction permits is specified as follows:
– For special projects, construction permits will be issued by the Ministry of Construction;
– For level I and level II construction projects; religious works; historical-cultural relics, monuments, and monumental paintings are ranked; Works on main routes and streets in urban areas; For works belonging to projects with foreign direct investment, the authority to issue construction permits belongs to the Provincial People's Committee;
– For individual works and houses built in urban areas, commune cluster centers, in conservation areas, historical and cultural relic sites under district management, except for other works according to regulations. Construction permits will be issued by the District People's Committee.
Thus, based on the scale and administrative boundary unit of each type of project, the investor will determine the agency competent to issue construction permits to submit the application for construction permit according to regulations.
4. Application for high-rise building license:
SOCIALIST REPUBLIC OF VIETNAM
Independence – Freedom – Happiness
—————–
APPLICATION FOR CONSTRUCTION PERMIT
(Used for projects: Off-line/On-line in urban areas/Monuments, monumental paintings/Advertising/Individual houses/Repair, renovation/In stages for non-line projects/In phases stages for works along lines in urban areas/Projects/Relocation of works)
Dear: …
1. Information about the investor:
– Investor name (name of household head): …
– Representative: … Position (if any): …
- Address: …
– House number: … Street/street… Ward/commune…
– District/district Province/city: …
- Phone number: …
2. Project information:
- Building site: …
– Plot number: … Area …m2.
– At house number: … Road/street …
– Ward/commune…District/district…
– Province, city: …
3. Content of license request:
3.1. For non-linear projects:
– Construction type: … Construction level: …
– Construction area: …m2.
– Construction core: …m
– Total floor area: ...m2 (specify the floor area of the basement, above ground floor, technical floor, mezzanine, attic).
– Construction height: ..m (specify the height of the basement, above ground floors, mezzanine, attic).
– Number of floors: (specify the number of basement floors, above ground floors, technical floors, mezzanine floors, attics)
3.2. For linear projects in urban areas:
– Construction type: …… Construction level: …
– Total project length: ...m (specify the length through each specific area, through each administrative boundary of commune, ward, district, province, city).
– Building strength: ...m (specify the strength in each area)
– Clearance height of the route: ...m (specify the height across areas).
– Construction depth: …m (specify the depth in each area)
3.3. For monuments and monumental paintings:
– Type of construction: …Level of construction: …
– Construction area: …m2.
– Construction core: …m
– Construction height: ...m
3.4. For advertising works:
– Construction type: … Construction level: …
– Construction area: …m2.
– Construction core: ….m
– Construction height: ….m
– Advertising content: …
3.5. For individual housing projects:
– Construction level: …
– Construction area of first floor (ground floor): …m2.
– Total floor area: ...m2 (in which clearly state the floor area of basements, floors above ground, technical floors, mezzanines, attics).
– Construction height: ...m (specify the height of the basement, above ground floors, mezzanine, attic).
– Number of floors: (specify the number of basements, above-ground floors, technical floors, mezzanines, attics)
3.6. In case of renovation and repair:
– Construction type: … Construction level: …
– Construction area of first floor (ground floor): …m2.
– Total floor area: ….m2 (specify the floor area of the basement, above ground floor, technical floor, mezzanine, attic).
– Construction height: ...m (specify the height of the basement, above ground floors, mezzanine, attic).
– Number of floors: (specify the number of basement floors, above ground floors, technical floors, mezzanine floors, attics)
3.7. In case of granting by stages for projects not following routes:
- State 1:
+ Construction type: …Project level: …
+ Construction area: ….m2.
+ Construction core: …m
+ Construction depth: ...m (calculated from the construction level)
- Phase 2:
+ Total floor area: ...m2 (specify the floor area of basements, floors above ground, technical floors, mezzanines, attics).
+ Building height: ...m (specify the height of the basement, above-ground floors, mezzanine, attic).
+ Number of floors: ...(specify the number of basements, above-ground floors, technical floors, mezzanines, attics)
3.8. In case of granting in stages for projects along urban lines:
– Type of construction: …Level of construction: …
– Total length of the project by stage: ...m (specify the length through each specific area, through each administrative boundary of commune, ward, district, province, city).
– Building's core: ...m (through areas in each phase)
– Clearance height of the route: ...m (specify the height across areas in each phase).
– Construction depth: ...m (specify depth across areas in each phase)
3.9. In case of project grant:
- Name of project: …
+ Has been: …approved, according to Decision No.: …. day …
– Including: (n) works
In there:
+ Project number (1-n): (project name)
* Construction type: … Construction level: …
* Main information of the project: ...
3.10. In case of project relocation:
– Projects that need to be relocated:
– Type of construction: …Level of construction: …
– Construction area of first floor (ground floor): …m2.
– Total floor area: …m2.
– Construction height: …m2.
– Location of the project being relocated to: …
– Plot number: … Area …m2.
– At: … Street: …
– Ward (commune) … District (district) …
– Province, city: …
– Number of floors: …
4. Design unit or person in charge: …
– Name of design unit: …
– Construction activity capacity certificate (if any): No...Issued date...
– Name of designer: …
– Personal practice certificate No.: …issued by…date:…
- Address: …
- Phone: …
– Practicing license number (if any): …issued on…
5. Estimated time to complete the project: ... months.
6. Commitment: I pledge to comply with the issued license. If I am wrong, I will take full responsibility and will be handled according to the law.
Attached to this application are the following documents:
1 –
2 –
…… day month Year ……
Applicant/Investor representative
Sign, write full name, stamp (if any)
Legal documents used in the article:
– Construction Law 2014;
– Housing Law 2014;
– Circular 06/2021/TT-BXD regulations on decentralization of construction works and instructions for application in the management of construction investment activities and construction instructions in the management of construction investment activities.