Are all construction projects required to have construction permits in Vietnam? What types of construction permits are there?
Are all construction projects required to have construction permits in Vietnam?
According to the provisions of Article 89 of the 2014 Law on Construction in Vietnam (amended by Clause 30, Article 1 of the 2020 Law on Amendments to the Law on Construction) stipulating as follows:
General provisions on grant of construction permits
1. Construction works required to have construction permits granted by competent state agencies to project owners in accordance with regulations laid down herein, except the cases prescribed in Clause 2 of this Article.
2. Cases in which construction permit is exempted:
a) Works involving state secrets; works constructed under emergency orders;
b) Works of projects using public investment funds in which the construction investment is decided by the Prime Minister, heads of central-level agencies of political organizations, People’s Supreme Procuracy, People’s Supreme Court, State Audit Office of Vietnam, Office of the President, the Office of the National Assembly, ministers, heads of ministerial-level agencies, Governmental agencies, central-level agencies of Vietnamese Fatherland Front and of socio-political organizations or chairpersons of People’s Committees at different levels;
c) Makeshift construction works as prescribed in Article 131 hereof;
d) Works undergoing repair or renovation of their interior parts or works undergoing repair or renovation of their external architecture not facing roads in urban centers subject to architectural management requirements of competent state agencies; such repair or renovation does not alter the functions and force-bearing structures of the works, and must be conformable with construction planning approved by competent state agencies and requirements on fire and explosion prevention and fighting, and environmental protection;
dd) Advertisement works not subject to construction permits as prescribed by the Law on advertisement; passive telecom infrastructure works as prescribed by the Government;
e) Construction works located in the territories of two or more provincial-level administrative units, works constructed in lines outside urban areas which conform to construction planning or detailed planning approved by competent state agencies;
g) Construction works of which results of appraisal of the construction design following the fundamental design have been notified by specialized construction agencies to meet conditions for approval and which meet requirements for construction permit prescribed by this Law;
h) Detached houses with under 07 stories of urban area construction investment projects or housing construction investment projects under detailed planning of 1:500 scale approved by competent state agencies;
i) Grade-IV construction works or detached houses with under 07 stories in rural areas without urban planning, function zone construction planning or detailed construction planning on rural residential points approved by competent state agencies; Grade-IV construction works or detached houses in mountainous areas or islands without urban planning or function zone construction planning, except detached houses built in conservation zones or historical and cultural relic zones;
k) Project owners of construction works prescribed in Points b, e, g, h and i of this Clause, except detached houses prescribed in Point i of this Clause, shall send written notices of the time of construction commencement and construction design dossiers to local construction management agencies.
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Thus, except for cases of exemption from construction permits, the construction works must have a construction permit issued by a competent state agency to the investor.
Are all construction projects required to have construction permits in Vietnam? What types of construction permits are there?
What types of construction permits are there?
Pursuant to the provisions of Clause 3, Article 89 of the 2014 Law on Construction in Vietnam (amended by Clause 30, Article 1 of the 2020 Law on Amendments to the Law on Construction):
General provisions on grant of construction permits
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3. Construction permits include:
a) New construction permit;
b) Repair and renovation permit;
c) Relocation permit;
d) Definite-term construction permit.
Thus, there are currently 04 types of construction permits, including:
- New construction permit;
- Repair and renovation permit;
- Relocation permit;
- Definite-term construction permit.
What are the contents of construction permits in Vietnam?
Pursuant to the provisions of Article 90 of the 2014 Law on Construction in Vietnam on the content of construction permits as follows:
Major contents of a construction permit
1. Name of the work under the project.
2. Name and address of project owner.
3. Location and position for the work construction; the work construction line, for works built in lines.
4. Type and grade of the work.
5. Work construction level.
6. Red-line and construction boundaries.
7. Construction density (if any).
8. Land use coefficient (if any).
9. For civil works, industrial works and separate houses, in addition to the contents specified in Clauses 1 thru 8 of this Article, their construction permits must contain contents on total construction area, construction area of the first (ground) floor, number of stories (including basement, attic, technical story and staircase roof), and maximum elevation of the entire work.
10. The deadline for construction commencement, which must be within 12 months from the date of grant of the construction permit.
Thus, a construction permit must include the above contents.
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