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Construction law

PROCEDURES FOR CONSTRUCTION PERMITS


1. Construction permits: Before starting the construction of works, investors must have construction permits, except for the construction of the following works:

         a) Works of State secrets.

         b) Works constructed under emergency orders.

         c) Temporary works in service of construction of major works.

         d) Works built along lines not passing through urban centers but in accordance with approved construction plannings.

         e) Works under construction investment projects approved by competent state agencies, except for works only for making economic - technical report. However, prior to commencement of construction of a work, the investor must send the results of the basic design evaluation to the construction licensing agency for monitoring and management.

         f) Construction works belonging to projects of new urban areas, industrial parks and residential areas with detailed construction planning of 1/500 scale already approved by competent state agencies.

         g) Interior repair, renovation and installation works that do not change the architecture, load-bearing structures and safety of the work.

         h) Technical infrastructure works with total investment of less than VND 7 billion belonging to remote communes not located in areas where cultural and historical relics are preserved.

         i) Separate houses in deep-lying and remote areas not in urban areas or in concentrated residential areas; Individual houses in rural residential areas do not have an approved construction planning.

2. The construction of separate works and houses in the region where the approved construction planning has been announced but has not yet been implemented shall only be granted a temporary construction permit with a term according to the time limit for implementation of the planning.

3. Dossiers of application for construction permits: (The dossier includes 02 sets)

A. For urban constructions and houses

         1. An application for a construction permit, made according to a set form. In case of applying for a temporary construction permit with a definite term, there must also be a commitment to demolish the work on its own when the State performs the liberation. ground.

         2. A notarized copy of one of the land use right papers prescribed by the land law.

         3. Design drawings showing typical positions, cross sections and verticals; foundation ground of the work; location diagram or work route; system diagram and technical connection points of electricity, water supply and drainage; snapshot of the current situation (for repair or renovation works requiring construction permits).

For works that have been appraised by basic design authorities, investors shall submit results of evaluation of basic designs instead of documents mentioned in this Clause. "

B. For rural houses:

         1. An application for a construction permit, made according to a set form.

         2. A copy of one of the land use right certificates certified by the commune People's Committee.

         3. A plan of the work construction ground on the land lot and adjacent works, if any, drawn by the house owner.

4. Time of construction permit:

         For works: 20 working days from the date of receipt of complete and valid file.

         For housing: 15 working days from the date of receipt of complete and valid file.

         After the above-mentioned time limit, if the construction licensing agency does not give a written reply stating the reason for refusal to grant a construction permit when the building permit conditions are fully met, the person requesting construction permit make a letter to the People's Committee of the commune and ward and have the right to start construction.

5. Extension of construction permits:

         1. Within 12 months from the date the construction permit is granted but the work has not yet been started, the person applying for a construction permit must apply for the extension of the construction permit.

         2. A dossier of application for extension of a construction permit comprises:

                  a) An application for construction permit extension;

                  b) The original of construction permit issued.

         3. The time limit for considering and granting a construction permit extension is 5 working days after the receipt of a complete and valid dossier.

         4. Construction licensing agencies are agencies that extend construction permits.

6. Adjustment of construction permits:

         1. When wishing to adjust a work construction design different from the content of a construction permit already granted, the investor must apply for adjustment of the construction permit before carrying out the construction of works according to the adjusted contents. . Construction permit-granting agencies are agencies competent to modify construction permits.

         2. A dossier of application for adjustment of a construction permit comprises:

                   a) An application for modification of a construction permit;

                   b) The original of construction permit issued;

                   c) Adjustable design drawings.

          3. The time limit for considering and adjusting a construction permit is 10 working days after receiving a complete and valid dossier.

7. Competence to grant construction permits:

The district-level People's Committee shall grant a permit to build houses and constructions with a floor area of ​​up to 1,000 m2 or an investment of up to VND 5 billion, larger works licensed by the construction department.

8. Construction permit fee:

         Individual people's houses: 50,000 VND.

         Construction works: 100,000 VND

         License renewal: 10,000 VND

 

See also: Ho Chi Minh City tightens housing construction activities with unauthorized and unauthorized permits

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