Headlines 14/09/2020 10:33 SA

8 new regulations regarding construction permits in force from January 1, 2021

Thanh Lợi

2020 Amended Law on Construction (in effect on January 1, 2021) sets out multiple regulations related to construction permits, specifically including:

1. Construction works exempted from the construction permit requirement from January 1, 2021, including:

- Works involving state secrets; works constructed under emergency orders;

- Works of projects using public investment funds in which the construction investment is decided by the Prime Minister, heads of central-level agencies of political organizations, People’s Supreme Procuracy, People’s Supreme Court, State Audit Office of Vietnam, Office of the President, the Office of the National Assembly, ministers, heads of ministerial-level agencies, Governmental agencies, central-level agencies of Vietnamese Fatherland Front and of socio-political organizations or chairpersons of People’s Committees at different levels.

- Makeshift construction works as prescribed in Article 131 of the 2014 Law on Construction.

- Works undergoing repair or renovation of their interior parts or works undergoing repair or renovation of their external architecture not facing roads in urban centers subject to architectural management requirements of competent state agencies; such repair or renovation does not alter the functions and force-bearing structures of the works, and must be conformable with construction planning approved by competent state agencies and requirements on fire and explosion prevention and fighting, and environmental protection;

- Advertisement works not subject to construction permits as prescribed by the Law on advertisement; passive telecom infrastructure works as prescribed by the Government;

- Construction works located in the territories of two or more provincial-level administrative units, works constructed in lines outside urban areas which conform to construction planning or detailed planning approved by competent state agencies.

- Construction works of which results of appraisal of the construction design following the fundamental design have been notified by specialized construction agencies to meet conditions for approval and which meet requirements for construction permit prescribed by the 2014 Law on Construction.

- Detached houses with under 07 stories of urban area construction investment projects or housing construction investment projects under detailed planning of 1:500 scale approved by competent state agencies;

- Grade-IV construction works or detached houses with under 07 stories in rural areas without urban planning, function zone construction planning or detailed construction planning on rural residential points approved by competent state agencies; Grade-IV construction works or detached houses in mountainous areas or islands without urban planning or function zone construction planning, except detached houses built in conservation zones or historical and cultural relic zones;

2. Requirements for grant of definite-term construction permits in force on January 1, 2021

(1) General requirements for grant of definite-term construction, including:

- The construction works are located in areas with construction zone planning, sub-zone planning for construction of function zones or detailed planning or detailed planning for construction of function zones approved and announced by competent state agencies but not yet implemented, for which there are no land appropriation decisions of competent state agencies;

- The construction works are suitable to the size of works prescribed by provincial-level People’s Committees for each area and the existence duration of works according to plans for implementation of construction zone planning, sub-zone planning for construction of function zones or detailed planning or detailed planning for construction of function zones approved by competent state agencies;

- The construction work is conformable with land use purposes defined in lawful documents on land of the applicant for definite-term construction permit;

- Upon expiry of the existence duration stated in the definite-term construction permit and issuance of land appropriation decision by a competent state agency, the project owner shall undertake to demolish the works; if the project owner fails to demolish the works, the demolition shall be coerced and the project owner shall bear all demolition costs. After this period, if the construction planning is still not yet implemented, the project owner is allowed to use the construction work until a land appropriation decision is issued by competent state agency. The demolition shall be assisted in accordance with provisions of the Law on land.

(2) Works to be granted definite-term construction permits must meet the conditions prescribed in the aforesaid paragraph and the conditions prescribed in Clauses 3, 4 and 5 Article 91 of the 2014 Law on Construction.

(3) Works to be granted definite-term construction permits must meet the conditions prescribed in the aforesaid paragraph and the conditions prescribed in paragraphs b, c and d of clause 1 of Article 93 in the 2014 Law on Construction.

(4) For construction works and detached houses granted definite-term construction permits, if, upon expiry of the existence duration stated in the definite-term construction permit, the implementation plan is extended under the adjusted construction planning, the agency that has granted the construction permit shall make notification of extension of existence duration of the works. If the project owner wants to build a new construction, repair or renovation works, the definite-term construction permit to be issued shall have the term in line with the duration stated in the adjusted construction planning.

(5) For construction works and detached houses which are located in areas with construction zone planning, sub-zone planning for construction of function zones or detailed planning or detailed planning for construction of function zones approved and announced by competent state agencies but not yet implemented, for which there are no land appropriation decisions of competent state agencies and for which district-level annual land use plans have been issued, no new definite-term construction permits but only definite-term construction permits for repair or renovation shall be granted.

After 03 years from the date of announcement of a district-level annual land use plan, if a competent state agency issues no land appropriation decision or gives no approval for change of land use purposes according to the published district-level annual land use plan but fails to adjust or abrogate the district-level annual land use plan, or fails to publish the adjustment or abrogation of the district-level annual land use plan, land users may apply for definite-term construction permits according to the provisions in the aforesaid paragraph 2 and 3.

3. Procedures for grant and modification of construction permits in force from January 1, 2021, including:

- Project owners must submit 02 sets of application documents for grant and revision of construction permits to competent construction permit-granting authorities;  

- The agency competent to grant construction permits shall receive the submitted documentation, check it and write a receipt if such documentation is valid as prescribed or guide the project owner to complete the documentation if it fails to meet prescribed requirements;

- Within 7 working days after receiving a dossier, the agency competent to grant construction permits shall organize appraisal of the dossier and conduct field inspection. During appraisal, the competent agency shall determine which documents are still missing, improper or untrue to reality and inform them once in writing to the project owner for supplementation and completion of the dossier. If the supplemented dossier still fails to meet the notified requirements, within 5 working days the competent agency shall issue a written notice to the project owner guiding the latter to further improve the dossier. The project owner shall supplement and complete the dossier according to the written notice. If the supplemented dossier still fails to satisfy the notified contents, within 3 working days, the competent agency shall notify the project owner of the reason for refusal to grant a permit;

- The agency competent to grant construction permits shall examine the conditions prescribed in this Law and send written requests for opinions of state management agencies in charge of fields related to the construction work in accordance with law;

- Within 12 days, for works or detached houses, after receiving a dossier, consulted state management agencies shall issue written replies on the contents under their respective management functions. After the above time limit, if they give no opinions, they shall be considered having agreed and shall take responsibility for the contents under their respective management functions; in pursuance to current regulations, the agency competent to grant construction permits shall decide to grant construction permits;

- From the date of receiving a valid dossier, the agency competent to grant construction permits shall examine the dossier for the grant of a permit within 20 days in the case of grant of construction permits, including also definite-term construction permits, adjusted construction permits and relocation permits, and within 15 days, for detached houses. At the end of the time limit for the grant of a construction permit, if the agency competent to grant construction permits needs more time for examination, it shall notify in writing the reason to the project owner and at the same time report it to the direct management agency for consideration and direction, but within 10 days after the expiration of the time limit prescribed in this Clause. The time limit for grant of construction permits for advertisement works shall comply with the provisions of the Law on advertisement.

4. Regulations regarding authority to grant, adjust, extend, re-grant and revoke construction permits in force on January 1, 2021

- Provincial-level People’s Committees grant construction permits for construction works requiring construction permits in their provinces, except those prescribed in Clause 3 of this Article. Provincial-level People’s Committees may decentralize powers to provincial-level Construction Departments, and management boards of industrial parks, export processing zones, hi-tech parks and economic zones and district-level People’s Committees to grant construction permits under the scope of management and functions of these agencies.

- District-level People’s Committees grant construction permits for grade-III and grade-IV works and detached houses in the territories under their management.

- Agencies competent to grant construction permits are competent to adjust, extend, re-grant and withdraw construction permits they have granted.

- In case an agency competent to grant construction permits fails to withdraw a construction permit it has granted ultra vires, the provincial-level People’s Committee shall directly issue a decision to withdraw such construction permit.

5. Conditions for grant of construction permits for detached houses in force on January 1, 2021:

- The detached house is conformable with land use purposes as prescribed by the Law on land and architectural management regulations adopted by competent state agencies.

- Ensuring safety for the works and adjacent works and meeting requirements on environmental protection and fire and explosion prevention and fighting; ensuring safety for technical infrastructure and protection corridors of irrigation works, dikes, energy works, traffic works, cultural heritage zones, historical-cultural relics; ensuring safety distance to fire- or explosion-prone and hazardous facilities, and important works related to national defense and security;

- Having their construction designs made under Clause 7, Article 79 of the 2014 Law on Construction;

- Having dossiers of application for construction made under Clause 1, Article 95, and Articles 96 and 97 of the 2014 Law on Construction.

Detached houses in urban areas must meet the conditions prescribed in Clause 1 of this Article and conform with detailed construction plans. Detached houses located in stable areas or street routes in urban centers which have no detailed construction master plans, must comply with regulations on management of architecture or urban designs promulgated by competent state agencies.

Detached houses in rural areas, when constructed, must conform with detailed construction master plans for rural residential points.

6. Regulations on the dossier of application for a construction permit for a religious work or advertising work in force on January 1, 2021

 (1) Dossier of application for a construction permit for a religious work, including:

- Request form for grant of a construction permit;

- Copy of one of the written document proving the right to use land under laws on land;

- Copy of the decision on approval of project and investment decision;

- Construction design drawing;

- Declarations on the capabilities and experiences of designing organizations or individuals in charge of construction designing, enclosed with copies of practice certificates of design managers.

- The written opinions about the necessity of construction and the size of the construction work, given by a specialized religion agency affiliated to the provincial-level People's Committee.

 (2) Dossiers of application for construction permits for advertisement works shall comply with the provisions of the Law on advertisement.
 
7. Regulations on the dossier of application for construction permits for repair and alteration or improvement of construction works in force on July 1, 2021, including:

- Application form for grant of construction permit for repair, alteration or improvement of construction work.

- Copy of one of the papers proving the right to own, manage or use the work or house in accordance with law.

- Drawings or photos of the part or item of the work or house to be renovated.

- Written approval of a state management agency in charge of culture of the necessity of construction and the size of the work, for ranked historical and cultural relics and scenic works.

8. Regulations on rights and obligations of persons requesting the grant of construction permits in force on January 1, 2021

 (1) Organization and individual requesting the grant of construction permit shall be accorded the following rights:

- Request construction licensing agencies to explain, guide and comply with regulations on construction licensing;

- File complaints about, lawsuits and denunciations against illegal acts in the grant of construction permits;

- Start construction of works in accordance with this Law.

 (2) Organization and individual requesting the grant of construction permit shall take on the following obligations:

- submit complete dossiers and fully pay fees for the grant of construction permits;

- Bear responsibility for the accuracy and truthfulness of construction permit application dossiers.

- Send the written notification of the construction starting date to the local construction management agency at least 03 working days before the commencement of construction;

- Strictly observe construction permit's contents.

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