PROCEDURES FOR COMPLETING LATEST CONSTRUCTION WORKS
When completing a construction project, we must carry out an administrative procedure called completion. So do you know the procedures for completing the latest construction projects? Join Hung Nghiep Phu to study this article to understand more about "completing the work"!
Completion of housing according to regulations is an administrative procedure in housing construction activities, to confirm the fact that the investing and construction parties have completed the housing after being granted a construction permit and have Completion of construction and acceptance of completed housing. Completion of housing is also a condition to be granted a new pink book, which shows changes in the current status of real estate after construction. Many people also call it another name, pink book of completion. . After most constructions are completed, they need to complete completion procedures and apply for a completion permit.
Currently, according to the provisions of Clause 30, Article 1 of the Construction Law amended and supplemented in 2020, the following cases are allowed to be exempt from construction completion as follows:
- State secret projects; emergency construction works;
- Works belonging to construction investment projects using public investment capital are approved by the Prime Minister, heads of central agencies of political organizations, the People's Procuracy, the Supreme People's Court, the State Audit, the Office of the President, The Office of the National Assembly, ministries, ministerial-level agencies, Government agencies, central agencies of the Vietnam Fatherland Front and socio-political organizations, Chairman of People's Committees at all levels decide on investment;
- Temporary construction works according to the provisions of Article 131 of the Construction Law;
- Repair and renovation works inside the building or repair and renovation works on the outside not adjacent to urban roads with architectural management requirements according to regulations of competent state agencies; 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 on environmental protection and fire and explosion safety;
- Advertising works are not subject to construction permits according to the law on advertising; passive telecommunications technical infrastructure projects according to Government regulations;
- Construction works in two or more provinces, construction works along routes outside urban areas in accordance with construction planning or technical and specialized planning approved by competent state agencies. Browser;
- The construction project has been notified by a specialized construction agency of the results of construction design appraisal implemented after the basic design is eligible for construction design approval and meets the licensing conditions. constructed according to the provisions of this Law;
- Individual houses with a scale of less than 7 floors belonging to urban area construction investment projects, housing construction investment projects with detailed planning of 1/500 approved by competent state agencies;
- Level IV construction works, individual houses in rural areas with a scale of less than 7 floors and in areas without urban planning, functional area construction planning or detailed planning for construction of rural residential areas The village has been approved by a competent state agency; 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-cultural relic areas;
- Investors constructing works specified in Points b, e, g, h and i of this Clause, except for individual houses specified in Point i of this Clause, are responsible for sending notice of the time of construction commencement. Enclosed with construction design documents according to regulations to the local state management agency on construction for management.
The principle of completing construction works and houses is carried out based on the construction permit previously issued by the competent state agency. However, works in the above cases are exempt from construction permits and will therefore also be exempt from completion procedures.
In reality today, registering construction completion procedures still has many shortcomings but is not completely difficult as many people think. Skipping completion procedures or not completing completion procedures can bring trouble and trouble for the homeowner later. Here are some reasons you should complete construction early for your house or important construction on your land.
- Completing construction completion procedures will be granted ownership of the house or project.
- Completion helps recognize assets attached to land, making it more convenient for future valuation. If you want to borrow money from a bank, the value is higher.
- If the construction is not completed, there will be damage when the State plans and clears it. At that time, the State will not compensate the value of the house.
- When construction is completed, we will have an as-built drawing that is the most accurate to the actual status quo. Therefore, future home repair and maintenance work becomes easy.
- Completing construction completion procedures, business registration or making a household registration book or temporary residence book will be easier.
- If the house is not completed, the house will not be sold at a high price, or it will be difficult to sell because the buyer is afraid of difficulties in legal procedures.
On the other hand, if the construction is not completed for a long time, if you want to do the procedure later, it will cause many obstacles and difficulties for the homeowner because the completion procedure requires documents on the construction contract with the contractor.
2. Application for confirmation of completed construction (construction completion procedures)
- Construction permit.
- Construction contract signed by the homeowner with survey, design, construction, and construction supervision contractors (if any). Accordingly, the parties include the owner, investor, design units, supervision unit and construction unit. This contract must express the agreement between related parties regarding the rights and obligations regarding the project. This contract needs to be drafted on paper and must be backed up in many different copies.
- Report on construction survey results.
- Construction drawing design documents.
- Report on verification results and documents on appraisal results of construction drawing designs.
- As-built drawings (in case the construction is different from the construction drawing design).
- Report on test and inspection results (if any).
- Document of agreement, approval, confirmation of competent organizations and State agencies (if any) on fire prevention and fighting safety; Safe operation of elevators.
The investor or owner, after completing the construction, must go directly to the district People's Committee where the project is being constructed to submit a request for completion. The competent authorities will receive applications from individuals and organizations. This is also an important step in completing the temporary construction permit.
After receiving requests from individuals and organizations, the authorities will conduct field inspections on the scheduled date. At this time, all parties involved in the project need to be present to measure and compare the drawings with the project.
However, this is just the old process. According to the new process, in order to reduce the time and field inspection process, individuals and organizations that are investors, owners of works, houses and related units will automatically Conduct direct inspection of the project. Then, make your own acceptance record of completed construction work. In this minutes, related parties will have to sign together to ensure joint responsibility. After receiving the acceptance record of the project, the person requesting completion will bring the dossier including the acceptance record and a number of other documents to the competent authorities to request completion.
Step 3: Perform the main task
When submitting a request for completion, the applicant needs to pay a fee at the tax office in accordance with state regulations.
4. Where to submit construction completion documents:
- At the Department of Construction: for special level, level 1 construction works, religious works, historical relics, temples, monuments, advertising, monumental paintings, works on routes and axes City main roads are regulated by the City People's Committee.
- At the People's Committee of the district: individual houses of people and other construction works within the administrative boundaries of the district.
- Investment and construction management boards of new urban areas, industrial parks, export processing zones, high-tech zones: all cases of new construction, temporary construction, repair and renovation that according to regulations must be Apply for a construction permit within the boundaries of that urban, export processing, or industrial area.
- Commune People's Committee: individual houses in rural residential areas with construction plans within the commune's administrative boundaries.
5. Housing completion fee
Pursuant to the provisions of Clause 11, Article 9, Decree 140/2016/ND-CP has the following provisions:
Article 9: Exemption from registration fees
11. Housing of households and individuals created through individual housing development."
In case you are building an individual house, when completed, you will not be subject to registration fees. Upon completion, only basic construction tax will arise, which the tax department will collect from the contractor building your house.
In case the private house construction contractor does not declare and pay taxes or the homeowner does not provide the house construction contract to the tax authority as required to calculate tax for the contractor, the homeowner (investor) construction works) is responsible for deducting personal income tax payable at the rate of 10% of total income before paying wages, remunerations, and other payments to individuals as prescribed in Clause 1 of this Article. 1 Article 25 Circular No. 111/2013/TT-BTC.
Above are the issues related to procedures for completing the latest construction projects. Hopefully the above article will provide customers with the necessary information to support the process of completing construction projects. Hung Nghiep Phu wants the information on Hung Nghiep Phu Construction Investment Company Limited - specializing 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 and fighting certificates. fire, etc. 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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