INSTRUCTIONS FOR THE LATEST PROCEDURES FOR APPLYING FOR A CONSTRUCTION PERMIT IN 2024

1. Application dossier for a housing construction permit

Pursuant to Clause 1, Article 95 of the 2014 Construction Law, the housing construction permit application includes:

• Application for construction permit;
• Copies of documents proving land use rights;
• Construction design drawings;
• Commitment to ensure safety for adjacent buildings or for construction projects with basements.

(Illustration, source: Internet)

In addition, the file must also be supplemented with a copy or file containing a copy of the original document approving the investor's foundation construction method to ensure the construction work and adjacent and neighboring works according to Article 11 of Circular 15. /2016/TT-BXD.

2. Procedures for applying for a construction permit

(Illustration, source: Internet)

The procedure for applying for a construction permit includes 3 steps. Below is the detailed procedure for applying for a construction permit:

Step 1: Prepare all documents and submit one application to the district People's Committee where you are preparing to build a house and want to apply for a construction permit.

Step 2: The application receiving department will conduct an inspection. If the documents are not complete, the land user will be asked to supplement them. If the documents are complete, a receipt will be written and given to the land user.

In case further consideration is required, the licensing agency must notify the land user in writing and notify the authority with direct management authority to consider and direct implementation.

Step 3: The land user comes to the dossier reception location according to the time stated on the receipt to receive results and pay the prescribed fee. The land user receives a license with a design document stamped by the licensing agency or a written response in case of ineligibility for a construction permit.

3. Where to submit construction permit application procedures?
Procedures for applying for a construction permit are submitted to the "District People's Committee" where you are preparing to build and want to apply for a construction permit. After submitting your application, you will have to wait for the application receiving department to check. If the application is incomplete, it must be supplemented. If it is complete, you will receive a receipt from the receiving department.

(Illustration, source: Internet)

Below are some state agencies competent to issue and issue construction permits today:

• Commune People's Committees issue permits to build individual houses in rural residential areas that have approved construction plans and in areas where construction requires a construction permit as prescribed by the district People's Committee. within the administrative boundaries under its management.
• District-level People's Committees issue construction permits for remaining works and individual houses in urban areas within the administrative boundaries under their management, except for specified subjects under the jurisdiction of the Provincial-level People's Committee. 
• The Provincial People's Committee authorizes the Department of Construction to issue construction permits for special level, level I, level II construction works, religious works, historical - cultural relics, and public works. monuments, works on main routes and streets in urban areas according to regulations of the Provincial People's Committee, works under projects with foreign direct investment.

* Note: If a project is constructed by an agency that issues a construction permit, issues related to editing, renewal, re-issue or revocation are handled by that agency. The Provincial People's Committee has the right to revoke construction permits issued by lower levels (Provincial People's Committee, Commune People's Committee) that do not comply with regulations.

4. How long does the construction permit procedure take?

(Illustration, source: Internet)

In the case of granting a new construction permit, including temporary construction permit, adjustment permit, and relocation permit, the time must not exceed 20 working days for the project; 15 working days for individual houses in urban areas; 10 working days for rural houses, from the date of receipt of valid documents.

In case of reissuing or renewing a license, it should take no more than 10 working days from the date of receipt of complete and valid documents.

5. Some questions about construction permit application procedures

(Hình minh họa, nguồn: Internet)

5.1. What is a construction permit?

To answer this question, Hung Nghiep Phu based on Clause 17, Article 3 of the Construction Law 2014, a construction permit is a legal document issued by a competent state agency to the investor for construction purposes new, repaired, renovated, and relocated works.

>>> Xem thêm: Quy trình xin cấp phép xây dựng mới nhất

5.2. Who must apply for a permit to build individual houses?

According to Clause 2, Article 3 of the 2014 Housing Law, an individual house is a house built on a separate plot of land under the legal use rights of households, individuals, and organizations, including villas, houses, and houses. townhouses and independent houses.

Before starting construction, the investor must have a construction permit issued by a competent authority, unless the project is exempt from a construction permit.

Individual housing investors are individuals who own capital or borrow capital to invest in construction. In other words, the investor who builds an individual house is the one who pays the bricklayer to build his or her individual house.

5.3 What do you need to apply for a housing construction permit?

The investor must prepare 02 sets of documents according to Article 11 of Circular 15/2016/TT-BXD, including:

- Application for construction permit;

- Copy or photocopy of documents proving land use rights.

- Copies and original copies of two sets of technical design drawings or construction drawing designs approved according to the provisions of construction law, each set includes:

• Drawing of the construction site on the land plot at a scale of 1/50 - 1/500, accompanied by a construction location diagram;
• Drawings of floor plans, facades and main sections of the building at a scale of 1/50 - 1/200;
• Drawing of foundation plan at scale 1/50 - 1/200 and foundation cross section at scale 1/50 with connection diagram of rainwater drainage system, wastewater treatment, water supply, power supply, scale information 1/50 - 1/200.

In case the construction design of the project has been appraised by a specialized construction agency, the design drawings specified in this content are copies or files containing copies of the construction design drawings that have been approved. specialized agency in construction appraisal.

• For construction projects with basements, in addition to the documents specified in Points 1, 2, 3 of this content, the dossier must also be supplemented with a copy or file containing a photocopy of the original document approving the construction method. The investor's foundation ensures safety for the project and neighboring structures.
• For construction projects with adjacent structures, there must be a written commitment from the investor to ensure safety for the adjacent structures.

>>> Xem thêm: Hồ sơ xin giấy phép xây dựng mới nhất năm 2024

5.4 Procedures for applying for a level 4 housing construction permit

(Illustration of construction design drawing, source: Internet)

To apply for a construction permit, some procedures are required as follows:

Step 1: The license applicant prepares all documents according to the law.

Step 2: Submit the application to the department responsible for receiving and returning results at the People's Committee of the commune or town during working time.

Step 3: Officers receive documents and conduct inspection.

• If the application is complete: The officer writes the receipt to the submitter;
• If the application is missing: The officer guides the submitter to supplement the missing documents.

Step 4: The officer transfers the file to the competent person for resolution and returns the results according to the submitter's appointment letter during office hours.

Step 5: The license applicant goes to the People's Committee to receive the results and pay the fee.

Above is an article guiding the latest construction permit application procedures. Hopefully Hung Nghiep Phu has brought you useful information through this article. Contact Hung Nghiep Phu Construction Investment Co., Ltd. for advice today!

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Source: collected on the Internet