The needs of building houses are more and more increase from time to time in Vietnam. One of the first steps for building is investors must grant for construction permits. However, not many people know in detail how to grant for construction permits. Let Apolo Lawyers - Solicitors & Litigators (Tel: (+84) 903.419.479) introduce to you the latest procedures for granting construction permits accordance with Vietnamese law.
First of all, we jointly find out the meaning of construction permits.
Construction permits are legal documents issued by competent state agencies granting to investors to construct, repair, renovate or relocate a construction. It is a tool to organize the implementation of the Approved Urban Plan, through which it is possible to determine whether people are building accordance or inaccordance with the Plan. In Vietnam, it is mainly divided into three (03) types of permits, include: (i) permit for new construction; (ii) permit for repair and renovation; and (iii) permit for relocation.
For granting construction permits, investors or contractors need following documents:
First, an application for construction permits. The form of it is issued at Annex 2 Decree 15/2021/ND-CP on construction investment project management. It shows information about investor, construction, organization/individual makes and verifies a construction design, specific content that asks to construction permit, estimated time to complete the construction,…
Second, a copy of one of the papers proving land use right. Papers proving land use right can be the Property Title Certificate, certificate of house ownership and residential land use rights (pink book), certificate of construction ownership and state decision on leasing or allocating land.
Third, construction designing blueprints. The blueprint may show master, elevation, sector plan of the construction. You must make sure that your designing blueprint is consistent with the Plan. Otherwise, you will be evaluated as ineligable for the Aganies allow to provide a permit.
Fourth, a written commitment to ensure safety for adjacent works, for construction works adjacent to other works.
- In case the construction designing blueprint of the construction has been appraised by a specialized construction agency, the designing blueprints specified in this Clause are copies or files containing snapshots of the construction design blueprint already approved. professional construction agency.
- For constructions with basements, the dossier must also be supplemented with a copy or a file containing the original copy of an approval written of foundation-build measures of investors to ensure safety for the constructions and adjacent works
- For constructions with adjacent works, there must be a commitment of the investor to ensure safety for adjacent works.
Step 1: Submit 01 application to the Peoples Committee of the district where the construction is about to be built and want to apply for a construction permit.
Step 2: The dossier-receiving department checks the dossier, if the dossier is incomplete, the land user shall be requested to add additional papers, if the dossier is complete, write a receipt and hand it to the user. soil. If further consideration is required, the construction permit-granting agency must notify the land user in writing of the reason, and at the same time report it to the direct management competent authority for consideration and direction of implementation.
Step 3: After that, the land user goes to the receiving place according to the time stated in the receipt to receive the results and pay the prescribed fee. The land user receives the construction permit together with the design file with the seal of the construction permit-issuing agency or a written reply (in case of ineligibility for the issuance of a construction permit).
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There are several instances where the investor or contractor do not have to grant construction permits. If you are in these situation, you do not have to carry out the above contents. Such exceptions are:
a) Constructions that is State secret, or built under urgent orders and construction located in the area of two or more provincial-level administrative units;
b) Constructions under construction investment projects decided on investment by the Prime Minister, Ministers, Heads of ministerial-level agencies, Presidents of Peoples Committees at all levels;
c) Temporary construction works serving main constructions;
d) Constructions built along lines outside urban areas but in accordance with construction Plan already approved by competent state agencies or approved by competent state agencies in terms of work alignments;
đ) Constructions under projects of industrial parks, export processing zones, high-tech zones with detailed planning 1/500 already approved by competent state agencies and appraised for construction designs according to construction design regulations. provisions of this Law;
e) Houses under urban development projects, housing development projects with a scale of less than 7 floors and a total floor area of less than 500 m2 with a detailed 1/500 plan approved by a competent state agency;
g) Constructions to repair, renovate or install equipment inside the work without changing the load-bearing structure, without changing the use functions, without affecting the environment and safety of the works;
h) Repair or renovation constructions that change the exterior architecture not adjacent to roads in urban areas with requirements on architectural management;
i) Technical infrastructure constructions in rural areas only require the preparation of economic - technical reports on construction investment and in areas where there is no approved detailed construction planning for rural residential quarters;
k) Constructions in rural areas in areas where there is no approved urban development planning and detailed construction planning; separate houses in the countryside, except for separate houses built in conservation zones, historical-cultural relics;
l) The investor of the construction exempted from construction permits as prescribed at Points b, d, đ and i have to notifies the time of construction commencement enclosed with the construction design dossier to local construction management agencies to monitor and keep records.
5. Consulting service on granting for construction permits at Apolo Lawyers
There are many things that clients must be concerned about granting for construction permits. In case clients get in trouble with these procedures, feel free to contact us. Apolo Lawyers - Solicitors & Litigators (Tel: (+84) 903.419.479) with high-quality and professional solicitors and litigators team will give you a full stack of legal services about granting for construction permits as soon as possible. Using the service of the Apolo Lawyers team, you will be helped in the following tasks:
Proud to be an experienced law firm, Apolo Lawyers- Solicitors & Litigators claims to provide our clients legal service on granting permits in the best way. Do not hesitate to contact us.
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