Which Construction Projects Require a Construction Permit? What is the Penalty for Constructing without a Permit?
What is a Construction Permit?
Based on Clause 17, Article 3 of the Construction Law 2014, the regulation is as follows:
A construction permit is a legal document issued by a competent state authority to the investor for new construction, repair, renovation, or relocation of a construction work.
*Which construction works need a construction permit? How much is the fine for building without a permit?*
Which Construction Works Need a Construction Permit?
Based on Article 89 of the Construction Law 2014 (amended by Clause 30, Article 1 of the Amended Construction Law 2020), the regulation on issuing construction permits for construction works that require such permits is stipulated by a competent state authority to the investor, except for cases specified in Clause 2, Article 89 of the Construction Law 2014 as follows:
- Cases exempt from construction permits include:
+ State secret works; emergency construction works;
+ Works under public investment projects decided by the Prime Minister, the head of the central agency of the political organization, Supreme People's Procuracy, Supreme People's Court, State Audit Office, Office of the President, Office of the National Assembly, ministries, ministerial-level agencies, agencies under the the Government of Vietnam, central agencies of the Vietnam Fatherland Front, and socio-political organizations, and the President of the People's Committees at all levels;
+ Temporary works stipulated in Article 131 of the Construction Law 2014;
+ Repairs or renovations inside a construction work or exterior repairs or renovations not adjacent to urban roads with architectural management requirements according to the regulations of a competent state authority; the repair or renovation content does not change the usage function, does not affect the structural safety of the work, is consistent with the construction planning approved by a competent state authority, and meets safety requirements for fire prevention, explosion prevention, and environmental protection;
+ Advertisement works not required to obtain construction permits according to advertising law; passive telecommunication technical infrastructure works according to the regulations of the the Government of Vietnam;
+ Construction works spanning across two or more provinces, works along a non-urban line consistent with the construction planning or technical and specialized planning approved by a competent state authority;
+ Construction works that have been notified of construction design appraisal results after the basic design is eligible for approval and meet the conditions for a construction permit according to this Law;
+ Separate houses with less than 07 floors in an urban area construction investment project, or less than 07-floor residential projects with detailed planning 1/500 approved by a competent state authority;
+ Grade-IV construction works, separate houses in rural areas less than 07 floors not located in urban planning areas, functional area planning, or detailed rural residential area planning approved by a competent state authority; Grade-IV construction works, separate houses in mountainous areas, islands not located in urban planning areas, functional area planning; except for works and houses built within conservation zones, historical-cultural relic areas.
+ Investors of works specified in points b, e, g, h, and i of this clause, except for separate houses in point i, have the responsibility to send a commencement notification, construction design dossiers according to regulations to the local state construction authority for management.
- Construction permits include:
+ New construction permits;
+ Repair or renovation permits;
+ Relocation permits;
+ Temporary construction permits.
How Much is the Fine for Building Without a Permit?
Based on Clause 7, Article 16 of Decree 16/2022/ND-CP, the regulation is as follows:
Violations of Construction Order Provisions
...
7. Penalties for organizing the construction of works without a construction permit where required are as follows:
a) Fines ranging from 60,000,000 to 80,000,000 VND for the construction of single detached houses;
b) Fines ranging from 80,000,000 to 100,000,000 VND for the construction of single detached houses in conservation zones, historical-cultural relic areas, or other construction works;
c) Fines ranging from 120,000,000 to 140,000,000 VND for constructing works that require a feasibility study report or works requiring an economic-technical report.
...
The penalty for violations of construction order provisions for organizing the construction of works without a required construction permit is as follows:
- Fines ranging from 60,000,000 to 80,000,000 VND for constructing single detached houses;
- Fines ranging from 80,000,000 to 100,000,000 VND for constructing single detached houses in conservation zones, historical-cultural relic areas, or other construction works;
- Fines ranging from 120,000,000 to 140,000,000 VND for constructing works that require a feasibility study report or works requiring an economic-technical report.
Additionally, it will be mandatory to demolish the violating construction works or parts of works.
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