When is it allowed to legalize illegal construction? What are the procedures for legalization of illegal construction in Vietnam?
When is it allowed to legalize illegal construction in Vietnam?
First of all, it should be noted that legalizing illegal construction of houses means adjusting construction permits or adjusting construction designs or applying for construction permits for houses and constructions to supplement the permits.
Meanwhile, building houses without construction permits or illegally is an unlawful act.
Pursuant to Clause 16, Article 16 of Decree No. 16/2022/ND-CP and Clause 1, Article 81 of Decree No. 16/2022/ND-CP, houses built without a construction permit are allowed to legalize when the following conditions are met:
- The construction is in progress.
- In the case of adjustment of the house construction permit according to the provisions of Article 98 of the 2014 Law on Construction of Vietnam, specifically as follows:
+ Change of the external architecture of the work, for works in urban centers or areas subject to architecture management requirements;
+ Change of one of the following factors: construction location and area; size, height and number of stories of the work and other factors affecting its main force-bearing structure;
+ Adjustment of the interior design of the work resulting in a change of its utility and affecting safety, fire and explosion prevention and fighting or environmental protection.
When is it allowed to legalize illegal construction? What are the procedures for legalization of illegal construction in Vietnam?
What is the application for legalization of illegal construction in Vietnam?
Pursuant to Point a, Clause 1, Article 102 of the 2014 Law on Construction of Vietnam, Clause 2, Article 51 of Decree 15/2021/ND-CP stipulating the application for legalization of illegal construction (application for modification to construction permits) as follows:
- An application form for modification to construction permit, made according to Form No. 02, Appendix II hereto;
- An original of the issued construction permit;
- 02 sets of construction design drawings in adjusted construction design documents following the basic design approved in accordance with the relevant construction law as prescribed in Article 43, Article 44, Article 45, Article 46 or Article 47 of this Decree;
- A report on appraisal results and approved adjusted construction design (except for detached houses) of the investor, which must contain the content about load-bearing safety, fire safety, environmental protection.
Number of records: 02 sets.
What are the procedures for legalization of illegal construction in Vietnam?
According to the provisions of Clause 1, Article 102 of the 2014 Law on Construction of Vietnam (amended by Clause 36, Article 1 of the 2020 Law on Amendments to Construction Law) and Article 81 of Decree 16/2022/ND-CP on procedures for legalizing houses under construction Illegal construction as follows:
Step 1: Submit application for modification of construction permits.
Step 2: The agency competent to grant construction permits receives the dossier.
Step 3: Appraise the dossiers, resolve
Within 7 working days after receiving a dossier, the agency competent to grant construction permits shall organize appraisal of the dossier and conduct field inspection.
During appraisal, the competent agency shall determine which documents are still missing, improper or untrue to reality and inform them once in writing to the project owner for supplementation and completion of the dossier.
If the supplemented dossier still fails to meet the notified requirements, within 5 working days the competent agency shall issue a written notice to the project owner guiding the latter to further improve the dossier.
The project owner shall supplement and complete the dossier according to the written notice.
If the supplemented dossier still fails to satisfy the notified contents, within 3 working days, the competent agency shall notify the project owner of the reason for refusal to grant a permit;
Step 4: Return the results and issue the license
The agency competent to grant construction permits shall examine the conditions prescribed in this Law and send written requests for opinions of state management agencies in charge of fields related to the construction work in accordance with law;
- From the date of receiving a valid dossier, the agency competent to grant construction permits shall examine the dossier for the grant of a permit within 20 days in the case of grant of construction permits, including also definite-term construction permits, adjusted construction permits and relocation permits, and within 15 days, for detached houses.
- At the end of the time limit for the grant of a construction permit, if the agency competent to grant construction permits needs more time for examination, it shall notify in writing the reason to the project owner and at the same time report it to the direct management agency for consideration and direction, but within 10 days after the expiration of the time limit prescribed in this Clause.
What is the time limit for legalization of illegal construction in Vietnam?
Pursuant to the provisions of Clause 1, Article 81 of Decree No. 16/2022/ND-CP, the time limit for adjusting a house construction permit is as follows:
Procedures for implementing Clause 16 Article 16 hereof
...
1. Competent individuals are responsible for producing offence notice and requesting offending organizations and individuals to cease all construction work. Within 90 days for construction investment projects and 30 days for detached houses from the date on which decisions imposing penalties for administrative violations are issued, offending organizations and individuals must submit application for issuance of construction permit or revised construction permit or revised construction design and obtain construction permit or revised construction permit or construction design.
Thus, this regulation clearly states that from the date on which decisions imposing penalties for administrative violations are issued, offending organizations and individuals must submit application for issuance of construction permit or revised construction permit within 30 days.
After this time, the modification of the construction permit will not be legalized.
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