Businesses and individuals who want to build a project need to apply for a construction permit, but not everyone is proficient in the necessary papers to make a permit application. Viet Tin we have experts who specialize in consulting for permits, who will definitely help you get a construction permit in the shortest time…
Legal basis
Construction Law 2014 (effective from January 1, 2015).
Decree No. 59/2015/ND-CP dated June 18, 2016 of the Government on construction investment project management (effective from August 5, 2015).
Circular No. 15/2016/TT-BXD dated June 30, 2016 of the Ministry of Construction guiding the issuance of construction permits (effective from August 15, 2016).
About building permits
Construction permit is a type of document issued by a state agency (according to a certain model) certifying the permission of an individual or organization to carry out the construction of houses and works according to their wishes within the scope of the construction. licensed content. It is a tool to organize the implementation of the approved urban plan, through which it is possible to determine whether people are building correctly or not according to the plan.
Regulations for building permits may vary from country to country. In Vietnam, the order and procedures for applying for and granting construction permits are prescribed in Laws, Decrees, Circulars and detailed implementation guidelines.
Objects to apply for a building permit
Depending on the country, there are different laws. In Vietnam, according to the provisions of Article 62 of the Law on Construction of Vietnam (guided by the specialized Decree), before starting construction, the investor must obtain a construction permit. However, the Law also excludes the construction of works that do not require a permit, including:
Works under state secrets, works built under urgent orders, temporary works in service of main construction;
Works built along lines that do not go through urban areas but are consistent with construction plannings and construction investment projects already approved by competent state agencies;
Construction works under projects of urban areas, industrial parks, export processing zones, high-tech zones, housing zones with detailed construction planning of 1/500 scale already approved by competent state agencies ;
Small-scale technical infrastructure works in remote and remote communes;
Separate houses in remote, non-urban areas, not in concentrated population quarters, rural residential areas without approved construction planning;
Works of repair, renovation and installation of internal equipment do not change the architecture, load-bearing structure and safety of the work;
Works under construction investment projects that have been approved by the Prime Minister, ministers, ministerial-level heads, and presidents of People's Committees at all levels, except for works requiring only economic-technical reports. .
Considering building permits
The construction permit-issuing agency is responsible for receiving construction permit application dossiers and checking the validity according to regulations. When receiving complete and valid dossiers, the construction permit-issuing agency must have a receipt, in which the date of return of results is scheduled. The receipt is made in 02 copies, 01 copy is delivered to the applicant for a construction permit and 01 copy is kept at the construction permit-issuing agency.
If the application file for a construction permit is invalid, the construction permit-issuing agency shall explain and guide the applicant for a construction permit and supplement the dossier in accordance with regulations. The time for completing the dossier is not included in the time limit for granting a construction permit.
To provide in writing information related to the issuance of a construction permit at the request of the applicant for a construction permit. The time limit for providing information is 7 working days from the date of receiving the request. Consult relevant agencies when it is necessary to clarify information to serve the issuance of construction permits. Within 10 working days from the date of receipt of the written request for opinions, the consulted organizations shall have to reply in writing to the construction permit-issuing agency. Past the above time limit, if there is no written reply, it is considered as having agreed and must be held responsible before law for all consequences caused by the failure to reply or reply late.
Issuance of construction permits within twenty working days from the date of receipt of complete and valid dossiers, for separate houses, the above-mentioned time limit shall not exceed fifteen days. Persons competent to issue construction permits must take responsibility before law and pay compensations for damage caused by incorrect issuance of permits or late issuance of permits according to regulations.
Collect fees for issuance of construction permits according to regulations
In addition, state agencies must comply with a number of regulations such as:
Not design organizations or individuals or set up affiliated design units to design for construction permit applicants;
To publicly post up and guide the regulations on the grant of construction permits at the headquarters of the construction permit-issuing agency;
Inspect the implementation of construction under permits, suspend construction, revoke construction permits when the construction investors commit violations;
Information badvise the competent authority not to provide electricity, water, business activities and other service activities for construction works that are not planned, built without a permit or construction works. construction not in accordance with the issued construction permit;
Settlement of complaints and denunciations about the issuance of construction permits.
Adjustment of Construction Permit
When there is a need to adjust the construction design of the work different from the content of the issued construction permit, the investor must apply for the adjustment of the construction permit before constructing the work according to the adjusted content. Distinct contents include: Construction location, work construction foundation, red line boundaries, construction boundaries, construction area, total floor area, building height, number of floors ( for civil works) and other contents stated in the construction permit, the investor must apply for adjustment of the construction permit before constructing the work according to the adjusted content. Other changes do not require an adjustment to the issued building permit.
The construction permit-issuing agency is the agency competent to adjust the construction permit to ensure conformity with the construction planning and is responsible for the content permitted for adjustment. Contents of adjustment to a construction permit shall be added in the "extension, modification" section of the issued construction permit or in the appendix attached to the construction permit granted to the investor.
A dossier of application for modification of a construction permit includes:
Application for modification of a Construction Permit;
The original of the issued Construction Permit;
Adjusted design drawings.
Renewal of Building Permit
Within 12 months from the date of issuance of a construction permit, if the construction work has not yet started, the applicant for a construction permit must apply for an extension of the construction permit.
Dossier of application for extension of a construction permit includes:
Application for extension of Construction Permit;
The original Construction Permit has been issued.
The time for consideration and extension of a construction permit is 5 working days from the date of receipt of a complete and valid dossier. The construction permit-issuing agency is the agency that renews the construction permit.
The process of applying for a building permit
Profile composition:
Application for construction permit – 03 originals;
Papers on land use rights, together with an extract of the map or measurements taken in the field or a plot of land plot boundaries - 03 notarized and authenticated copies;
Design documents – 04 sets (original);
Business registration license of the organization, practice certificate of individuals in charge of design, structure, survey - 03 notarized and authenticated copies;
Investment policy of the competent authority – 03 copies;
Decision on approval and economic and technical report – 03 copies;
Certificate of appraisal and approval of fire prevention and fighting (if any) – 02 copies;
Certificate of registration of environmental quality standards (if any) - 02 copies.
In case there is no copy of the house and land, it must be certified in writing by the People's Committee of the commune or town where he/she resides.
Other notes:
In case the application dossier is unsatisfactory after the appraisal, it must make a document clearly stating the reason. The second application is considered satisfactory, just wait until the official decision is received;
Once a month, the appraiser of the Industry and Trade Division makes a Report (BM/HT-01/04) reporting the construction permit in a month to the Committee's Leader;
The Department of Natural Resources & Return, when delivering the results to the people, must collect the Receipt of the application;
For cases in which the dossiers transferred from the previous stage to the next stage are delayed by the prescribed date, the application shall be handled as follows;
One day late, the person receiving the next stage shall make a Nonconforming Product Control Sheet (BM/QM-01/08) requesting the part causing the nonconformity to be handled;
Late by 02 days, the person receiving the next stage shall make a Request for corrective action - prevention (BM/QM-01/09) requesting the department causing the nonconformity to take corrective action. .
Applicable form:
No. SAMPLE NAME SAMPLE NUMBER CODE PLACE OF TIME SAVING
01 Receipt of dossier BM/HT-01/01 Department of permanent CT
02 Control sheet of construction permit process BM/HT-01/02 Permanent CT Department
03 Minutes of field inspection no Permanent CT Department
04 Application for a construction permit According to the form of Permanent CT Department
05 Report No Permanent CT Room
06 Construction Permit No Office + CT+ Commune/Tran Vinh Permanent
07 Written refusal or request for additional records No VP + CT Permanently
08 Sanctioning minutes on administrative violations According to the form TP + VP + CT + Commune/Tran Vinh Vinh
09 Book of receiving and returning results No Department of Revenue & Return of Results Permanently
10 Report on BM/HT-01/03 CT + Office 01 year
11 Under Components of Application (above) No Permanent CT Department
Licensing conditions
Conditions for granting work construction permits in urban areas, the granting of work construction permits in urban areas must satisfy the following conditions:
Consistent with the approved detailed construction planning;
Ensure regulations on red line lines, urban design construction boundaries, safety requirements for surrounding works, ensure protection corridors for traffic, irrigation and dike works , energy, cultural heritage sites, historical sites –cultural and protected areas of other works as prescribed by law;
Construction works and separate houses in conservation zones of cultural heritages and historical-cultural relics must ensure construction density, land for green trees, places to park vehicles, and not affect the environment. environmental landscape;
Repair and renovation works must not affect adjacent works in terms of structure, distance to surrounding works, water supply, drainage, ventilation, lighting, environmental sanitation, rooms, etc. Explosion-proof;
Ensure the prescribed distance for sanitation works, warehouses containing toxic chemicals, and other works that are likely to cause environmental pollution, without affecting users in adjacent works. ;
When constructing and renovating streets, it is necessary to build a system of underground tunnels in order to synchronously install the system of technical infrastructure works. urban design;
For high-rise buildings of special grade, grade I must have basement design, except for other cases with separate requirements on basement design.
Dossier to apply for projects, Housing in urban areas
1. An application form for a construction permit (for houses, the form must be certified by the local People's Committee). Quantity: 01.
2. Notarized copies of papers on land use rights as prescribed by the law on land. Quantity: 01 set - includes:
To decide on land allocation or land lease;
Certificates of land use rights;
Excerpt from the topographic map of the land.
3. Design drawings. Quantity: 03 sets – including components:
Location map or work route;
Construction site plan (overall plan);
Typical floor plans, sections and elevations of the work;
The foundation plan of the building, the typical detailed cross-section of the foundation;
Diagram of the system and technical connection points for electricity supply, water supply and drainage.
Note:
* For public works: in addition to the above documents, the investor must add the following documents:
Investment permit policy and project approval decision of the competent authority;
Planning certificate (if any);
The dossier must be verified and approved by a competent unit in accordance with current regulations.
* For the works under the project that has the basic design appraised:
The investor can apply for a construction permit for one project, once for many works or once for all works under the project.
a) In case of applying for a construction permit for a work:
Documents as specified at Points 1, 2 – Section A – Part III;
Results of basic design appraisal.
b) In case of applying for a construction permit once for many works or once for all works under the project:
An application for a construction permit made according to the form (in Appendix 9 of Circular 02/2007/TT-BXD);
Notarized or authenticated copies of papers on land use rights as prescribed by law;
Results of appraisal of basic designs of works for which the investor applies for a construction permit.
* For existing houses, applying for a repair or renovation permit: in addition to the above documents, the investor must add the following documents:
A copy of one of the papers on house ownership as prescribed by law;
Photograph of the current state of the old building;
The drawings show the current status of the ground, floor sections, elevations and demolition measures (if any).
Application for a rural house permit
A dossier of application for a rural house construction permit includes:
Application form for a construction permit;
A copy of one of the papers on land use rights, certified by the Commune People's Committee;
The floor plan for construction of works on the land lot and adjacent works, if any, is drawn by the owner himself according to the form (in Appendix 8 of Circular 02/2007/TT-BXD).
Authority to issue construction permits
1. Provincial People's Committees authorize the Director of the Department of Construction to issue construction permits for construction works of special grade, grade I (according to the decentralization of works in Decree 209/2004/ND-CP). ); religious works; historical and cultural relics; monuments, advertisements, monumental paintings within the administrative boundaries under their management; works on main routes and streets in urban areas; works under foreign direct investment projects; works under the project and other works prescribed by the provincial-level People's Committees.
2. District-level People's Committees shall grant construction permits for remaining works and separate houses in urban centers within their administrative boundaries, except for the subjects specified at Point 1 above.
3. Communal People's Committees grant construction permits for separate houses in rural residential areas with approved construction plannings within the administrative boundaries under their respective management.
