Do I need a construction permit when renovating a run-down inn? If yes, how to prepare the application?
What types of construction permits in Vietnam are there?
Pursuant to the provisions of Clause 30, Article 1 of the 2020 Law on amendments to Construction Law of Vietnam, a construction permit includes:
“Article 1. Amendments to the Construction Law
…
30. Article 89 is amended as follows:
Article 89. General provisions on grant of construction permits
…
3. Construction permits in Vietnam include:
a) New construction permit;
b) Repair and renovation permit;
c) Relocation permit;
d) Definite-term construction permit.”
Do I need a construction permit when renovating a run-down inn? If yes, how to prepare the application?
Do I need a construction permit when renovating a run-down inn?
Pursuant to Clause 30, Article 1 of the 2020 Law on amendments to Construction Law of Vietnam providing for the issuance of construction permits as follows:
“Article 1. Amendments to the Construction Law
…
30. Article 89 is amended as follows:
Article 89. 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.”
Thus, in case of renovating a run-down inn that is exempt from a construction permit according to the above provisions, you do not have to carry out the procedures for applying for a permit, otherwise, it is necessary to apply for one.
How to apply for a construction permit when renovating a run-down inn?
If not eligible for the exemption, the person who conducts the renovation of the run-down inn must apply for a construction permit for the case of repair or renovation of works according to Article 96 of the 2014 Law on Construction of Vietnam (amended by Clause 35 of the 2020 Law on amendments to Construction Law of Vietnam) as follows:
“Article 96. Dossiers of application for construction permits for repair and renovation of works
1. An application for a permit for repair and renovation of a work.
2. A copy of one of the papers proving the right to own, manage or use the work or house in accordance with law.
3. Drawings or photos of the part or item of the work or house to be renovated.
4. A written approval of a state management agency in charge of culture of the necessity of construction and the size of the work, for ranked historical and cultural relics and scenic works."
Thus, in case the person who conducts the renovation of the run-down inn eligible for exemption from construction permits, he/she is not required to apply for a permit. If not eligible for the exemption, the procedures for applying for a construction permit shall be carried out according to the above regulations.
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