The latest updated construction permit application process when applying for permits to build workshops, factories, and project projects inside and outside the industrial park.
Update the latest construction permit application process, applied according to Circular 04/2022/TT-BXD.
Latest construction permit application process.
Below is a summary of some important contents about granting construction permits according to the latest legal regulations:
Construction permit is a legal document issued by a competent state agency to investors for new construction, repair, renovation, and relocation of works.
Pursuant to the provisions of Clause 30, Article 1 of the 2020 Amended Construction Law, construction permits include the following types:
- New construction permit;
- Repair and renovation license;
- Construction relocation permit;
- Construction permit for a limited period.
Latest regulations on granting construction permits in 2023
- Cases that do not require a construction permit include:
(1) State secret works; emergency construction works.
(2) Works belonging to projects using public investment capital are audited by the Prime Minister, heads of central agencies of political organizations, the Supreme People's Procuracy, the Supreme People's Court, and Auditors. State, Office of the President, Office of the National Assembly, ministries, ministerial-level agencies, agencies under the Government, central agencies of the Vietnam Fatherland Front and socio-political organizations, President People's Committees at all levels decide on construction investment.
(3) Temporary construction works as prescribed in Article 131 of the 2014 Construction Law (amended 2020).
(4) Repair and renovation works inside the building or repair and renovation works on the outside that are not adjacent to urban roads have architectural management requirements according to regulations of competent state agencies. permission; The content of repair and renovation does not change the usability, does not affect the safety of the load-bearing structure of the project, and is consistent with the construction planning approved by a competent state agency. requirements for fire and explosion prevention and safety and environmental protection.
(5) Advertising works are not subject to construction permits according to the provisions of law on advertising; Passive telecommunications technical infrastructure projects according to Government regulations.
(6) Construction works located in two or more provincial administrative units, construction works along lines outside urban areas in accordance with construction planning or technical and specialized planning that has been approved. approved by competent state agency.
(7) Construction works that have been notified by a specialized construction agency of the results of construction design appraisal implemented after the basic design are eligible for construction design approval and meet the granting conditions. construction permit according to the provisions of the 2014 Construction Law.
(8) Individual houses with a scale of less than 07 floors belonging to urban area construction investment projects, housing construction investment projects with detailed planning of 1/500 that have been approved by competent state agencies Browser.
(9) Level IV construction works, individual houses in rural areas with less than 07 floors and in areas without urban planning, functional area construction planning or detailed residential area construction planning Rural residence has been approved by a competent state agency; Level IV construction works, individual houses in mountainous areas and islands in areas without urban planning or functional area construction planning; except for works and individual houses built in conservation areas and historical and cultural relic areas.
Note: Investors constructing works in sections (2), (6), (7), (8) and (9), except for individual houses in section (9), are responsible for sending notice of the time of construction commencement. construction, construction design documents according to regulations to the local state management agency on construction for management.
- Cases requiring a construction permit: In addition to the above works that are exempt from construction permits, other construction works must have a construction permit issued by a competent state agency to the investor according to the provisions of the 2014 Construction Law (amended 2020). ). This means that these projects must apply for a construction permit before starting construction.
Grounds: Clause 2, Article 89 of the 2014 Construction Law amended by Clause 30, Article 1 of the 2020 Amended Construction Law.
(i) Conditions for granting construction permits for works in urban areas:
Pursuant to Article 91 of the 2014 Construction Law, Point a, Clause 1, Article 39 of the 2019 Architecture Law and Clause 31, Article 1 of the 2020 Amended Construction Law, the conditions for granting construction permits for urban works are as follows:
- In accordance with detailed construction planning approved by competent state agencies. For construction works in areas and streets in urban areas that are stable but do not have detailed construction planning or urban design, they must be in accordance with architectural management regulations approved by competent state agencies. issuance authority.
- Suitable for land use purposes according to the provisions of land law.
- Ensuring safety for the project and neighboring structures and requirements for environmental protection, fire and explosion prevention and control; ensure the safety of technical infrastructure, protection corridors of irrigation works, dykes, energy, traffic, cultural heritage areas, historical and cultural relics; Ensure a safe distance from flammable, explosive, toxic works and important works related to national defense and security.
- The construction design has been appraised and approved according to the provisions of Article 82 of the 2014 Construction Law (amended 2020).
- The application file for a construction permit is appropriate for each type of permit as prescribed in Articles 95, 96 and 97 of the 2014 Construction Law (amended 2020).
(ii) Conditions for granting construction permits for non-urban construction projects
Pursuant to Article 92 of the 2014 Construction Law, conditions for granting construction permits for non-urban construction projects are as follows:
- In accordance with the location and total area of the project approved in writing by a competent state agency.
- Ensuring safety for the project and neighboring structures and requirements for environmental protection, fire and explosion prevention and control; ensure the safety of technical infrastructure, protection corridors of irrigation works, dykes, energy, traffic, cultural heritage areas, historical and cultural relics; Ensure a safe distance from flammable, explosive, toxic works and important works related to national defense and security.
- The construction design has been appraised and approved according to the provisions of Article 82 of the 2014 Construction Law (amended 2020).
- The application file for a construction permit is appropriate for each type of permit as prescribed in Articles 95, 96 and 97 of the 2014 Construction Law (amended 2020).
(iii) Conditions for granting construction permits for individual houses
Pursuant to Article 93 of the 2014 Construction Law, Point a, Clause 3, Article 39 of the 2019 Architecture Law and Clause 32, Article 1 of the 2020 Amended Construction Law, the conditions for granting construction permits for individual houses are specified as follows:
- General conditions for granting construction permits for individual houses in urban areas include:
+ Suitable for land use purposes according to the provisions of land law and architectural management regulations promulgated by competent state agencies;
+ Ensuring safety for construction and neighboring works and requirements on environmental protection, fire and explosion prevention and control; ensure the safety of technical infrastructure, protection corridors of irrigation works, dykes, energy, traffic, cultural heritage areas, historical and cultural relics; ensure a safe distance from flammable, explosive, toxic works and important works related to national defense and security;
+ Individual house construction design is carried out according to the provisions of Clause 7, Article 79 of the 2014 Construction Law (amended 2020);
+ Dossier to request a construction permit as prescribed in Clause 1, Article 95, Article 96 and Article 97 of the 2014 Construction Law (amended 2020).
- For individual houses in urban areas, they must meet the above conditions and be consistent with detailed construction planning; For individual houses in areas and streets in urban areas that are stable but do not have detailed construction plans, they must be in accordance with architectural management regulations or urban design approved by competent state agencies. issuance authority.
- For individual houses in rural areas, construction must be in accordance with the detailed planning for construction of rural residential areas.
(iv) Conditions for granting a construction permit for a limited period
Pursuant to Article 94 of the 2014 Construction Law as amended by Clause 33, Article 1 of the 2020 Amended Construction Law, stipulates the conditions for granting a construction permit with a term as follows:
(iv.1) General conditions for granting a construction permit with a term include:
- Belonging to an area with construction zoning planning, functional area construction zoning planning or detailed planning, detailed functional area construction planning that has been approved and announced by a competent state agency but it has not been implemented and there is no land recovery decision from a competent state agency;
- In accordance with the scale of the project prescribed by the Provincial People's Committee for each area and the duration of the project's existence according to the plan for implementing construction zoning planning and functional area construction zoning planning. or detailed planning, detailed planning for construction of functional areas approved by competent state agencies;
- In accordance with the land use purpose determined in the legal land documents of the applicant for a limited-term construction permit;
- When the term of existence of the project as stated in the construction permit expires and the competent state agency issues a decision to recover land, the investor commits to self-destructing the project, if not self-destructing. will be forced and bear all costs for demolition. If past this deadline the construction planning has not been implemented, the investor may continue to use the project until the competent state agency has a decision to recover the land. Support during demolition is carried out in accordance with the provisions of land law.
(iv.2) Construction works that are granted a construction permit for a period of time must meet the conditions in point (iv.1) and clauses 3, 4 and 5, Article 91 of the 2014 Construction Law (amended 2020).
(iv.3) Individual houses that are granted a construction permit for a period of time must meet the conditions specified in point (iv.1) and points b, c and d, clause 1, Article 93 of the 2014 Construction Law (edited). change 2020).
(iv.4) For construction projects and individual houses that are granted a construction permit with a limited term, when the construction's lifespan stated in the construction permit expires and the construction planning is adjusted to extend If the implementation plan is long, the agency that issued the construction permit is responsible for notifying the extension of the project's lifespan. In case the investor continues to have a need for new construction or repair or renovation, a construction permit shall be issued with a term according to the term of the adjusted construction planning.
(iv.5) For construction works and individual houses in areas with construction zoning planning, functional area construction zoning planning or detailed planning, detailed construction planning for functional areas has been approved and announced by a competent state agency but has not been implemented and has not had a land recovery decision from a competent state agency and there is an annual district-level land use plan. issue construction permits for a limited period of time for new construction, but only grant construction permits for a limited period for repairs and renovations.
In case after 03 years from the date of announcement of the district's annual land use plan, the competent state agency has not yet made a decision to recover land or not allowed to change the land use purpose according to the use plan. The district's annual land use plan has been announced without adjustment or cancellation, or if it has been adjusted or canceled but the adjustment or cancellation of the district's annual land use plan has not been announced, the land user may The right to request a construction permit for a limited period according to points (iv.2) and (iv.3).
Pursuant to Article 103 of the 2014 Construction Law and Clause 37, Article 1 of the 2020 Amended Construction Law, the authority to issue construction permits is stipulated as follows:
- Provincial People's Committees issue construction permits for works that require a construction permit in the province, except for works specified in Clause 3 of this Article. The Provincial People's Committee decentralizes and authorizes the Department of Construction, the Management Board of industrial parks, export processing zones, high-tech zones, economic zones, and district-level People's Committees to issue construction permits within their functions. and the scope of management of this agency.
- District-level People's Committees issue construction permits for level III, level IV works and individual houses in the area under their management.
- The agency competent to issue construction permits is the agency that has the authority to adjust, extend, reissue and revoke the construction permit it issues.
- In case the agency competent to issue construction permits does not revoke the construction permit issued improperly, the Provincial People's Committee shall directly decide to revoke the construction permit.
