1. What is a construction permit?

A construction permit is a form of document issued by state agencies and competent organizations to individuals, organizations, and groups when there is a need to build houses or related projects.

Before starting construction, complete the procedures for applying for a construction permit at the authorities.

This is a very necessary and must-have document form when an individual, organization or group embarks on the process of building a project according to their own wishes. In Vietnam, the procedures, procedures and process of applying for construction permits are clearly specified in regulations and Laws and Construction Codes.

2. Subjects need to apply for construction permit

- The project is subject to new construction, repair, conversion or relocation according to the decision of the State.
- Industrial parks, export processing plants, manufacturing workshops.
- Projects, commercial centers, housing...
- The project belongs to a project to invest in local technical facilities.
- Planned housing projects or housing that is allowed to be built on land recognized by the state on land use documents.

3. Conditions for granting construction permits

- Comply with regulations on construction and construction planning.
- Ensure compliance with urban and construction boundaries.
- Safe and does not affect other structures, no acts of encroachment or encroachment on public works, roadsides, sidewalks, etc.
- There will be no negative impact or damage to architectural works, scenic spots, historical relics, or cultural heritage recognized and protected by the state.
- Do not pollute the environment.
- Implement safety regulations in construction, comply with safe distances from industrial parks and chemical warehouses.
- Does not affect public works such as drainage, irrigation or electricity lines..

4. Contents of construction permit

- Construction site.
- Type of construction.
- Construction boundaries.
- Legal effect of license.
- Environmental status and construction safety.

In addition, for types of projects such as industrial or civil, certain terms are required such as usable area, height of each floor, maximum height of the building or colors used in the building.

5. Why do you need to apply for a construction permit?

Construction permits are understood as a tool to inspect and monitor urban planning activities and thereby determine whether individuals and organizations are properly implementing current regulations or not. Below are some reasons why you need to apply for a construction permit:

• Let the state protect the legal rights of your home against bad people.
• Avoid possible complaints and lawsuits.
• Determine factors such as land use rights, usage area, and urban planning clearly recorded in the red book.
• In case you want to build a house on garden land or industrial land, you need to follow the procedures to convert in accordance with state regulations.

6.  The consequences of not having a construction permit but still deliberately constructing the project.

According to current regulations and compliance with the Construction Code, individuals and organizations that build, repair or relocate housing projects without a construction permit will be fined. According to Clause 6, Article 13 of Decree 121/2013/ND - CP, "Fine fines for organizing construction works without construction permits are as follows:

a) Fine from 3,000,000 VND to 5,000,000 VND for building individual houses in rural areas or constructing other works not falling into the cases specified in Point b and Point c of this Clause;

b) Fine from 10,000,000 VND to 15,000,000 VND for construction of individual houses in urban areas;

c) Fine from 30,000,000 VND to 50,000,000 VND for construction works in cases where economic - technical reports for construction works or construction investment projects must be prepared."

Thus, the most serious violation, depending on the location of the house built in rural or urban areas according to the separate housing model, will be subject to a fine of 15,000,000 VND.

Authorities and competent authorities will be able to suspend construction works and carry out demolition if there is intentional failure to comply with regulations.

7. Procedures when applying for a license

The documents required before applying for a construction permit are as follows:

According to Clause 1, Article 95 of the Construction Law, dossiers requesting a new construction permit for individual houses include:

• Application for permit before construction begins.
• A copy of one of the documents proving land use rights according to the provisions of land law.
• Construction design drawings.
• Construction works with adjacent works must have a written commitment to ensure safety for the adjacent works.

Procedures for applying for a construction permit

• At the Department of Construction: construction works of special level, level 1, religious works, historical relics, temples, monuments, and advertising of the city are regulated by the City People's Committee.
• At the People's Committee of the district: individual houses of people, other construction works within the scope of that locality.
• At the investment and construction management board of new urban areas, industrial parks, export processing zones, and high-tech zones: temporary construction, repair, and renovation works that according to regulations must apply for a construction permit within the scope the boundary of that urban, export processing, and industrial area.
• At the Commune People's Committee: individual houses in rural residential areas with construction plans within that commune.

Construction permit time is as follows:

• Issuance of new construction permit (temporary construction permit, adjustment permit, relocation permit...): duration 20 days.
• Reissue or extension: 10 days.

Above is important information surrounding the issue of construction permits. Hopefully these shares from Hung Nghiep Phu will help customers make the construction process more convenient.

Hung Nghiep Phu Construction Investment Company Limited - specializes in completing civil and industrial projects.  We hope to be able to accompany customers in construction projects as well as legal procedures such as preparing planning documents, applying for construction permits, completing works, and applying for fire prevention certificates. ,... If you have any questions or are in need of designing and completing a project, please contact us immediately for a free consultation!

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Facebook: Công ty TNHH Đầu tư Xây dựng Hưng Nghiệp Phú (興業富)

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