What is the application for extension of construction permits in Vietnam? What are the procedures for extension of construction permits?
What is the application for extension of construction permits in Vietnam?
According to the provisions of Article 99 of the Law on Construction 2014, regulations on construction permit extension are as follows:
Extension of construction permits
1. Before the expiration of the construction permit for construction commencement, if the construction of the work has not commenced yet, the project owner shall make a request for extension of the construction permit. A construction permit may be extended no more than twice, with each extension not exceeding 12 months. At the end of the extension period, if failing to commence construction, the project owner shall submit a new dossier of application for a construction permit.
2. A dossier of request for extension of a construction permit must comprise:
a/ A written request for extension of a construction permit;
b/ The granted original construction permit.
3. For works or separate houses for which construction permits with definite terms have been granted, at the end of the existence duration written in the permits, if the plan has not been implemented yet, owners or assigned users of the works may request the construction licensing agency to consider extending the existence duration until the plan is implemented. The existence duration of a work shall be written in its granted construction permit with a definite term.
Application for extension of construction permits includes:
- A written request for extension of a construction permit;
- The granted original construction permit.
What is the application for extension of construction permits in Vietnam? What are the procedures for extension of construction permits?
What are the procedures for extension of construction permits in Vietnam?
According to Clause 2, Article 102 of the Law on Construction 2014 (amended by Point c, Clause 36, Article 1 of the Law on amendments to Construction Law 2020), the regulations on the construction permit renewal process are as follows:
Process of grant, re-grant, adjustment and extension of construction permits
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2. The process of extension and re-grant of construction permits is prescribed as follows:
a/ The project owner shall submit 2 sets of dossier of request for extension or re-grant of construction permit to the agency competent to grant construction permits;
b/ Within 5 working days after receiving a complete and valid dossier, the agency competent to grant construction permits shall consider and allow the extension of the construction permit or re-grant the construction permit.
3. The receipt of replies and payment of fees for the grant of construction permits are prescribed as follows:
a/ Project owners shall receive construction permits enclosed with design dossiers submitted for the application of construction permits bearing the stamp of the agency competent to grant construction permits at the place of receipt of the dossiers according to the time of appointment written in the receipts;
b/ Project owners shall pay a fee under regulations upon submission of dossiers of application for construction permits.
4. For cases ineligible for the grant of a construction permit, within the time limit prescribed in Clause 2 of this Article, the agency competent to grant construction permits shall issue a written notice clearly stating the reason to the project owner. Past the time limit written in the receipt, if the competent agency fails to reply, the project owner is entitled to construct the work according to the appraised and approved design dossier included in the dossier of application for a construction permit.
5. The Government shall elaborate the grant of construction permits.
6. The Minister of Construction shall issue detailed regulations on the form of application and design drawings in dossiers of application for construction permits.
The process of extension and re-grant of construction permits is prescribed as follows:
Step 1: The project owner shall submit 2 sets of dossier of request for extension or re-grant of construction permit to the agency competent to grant construction permits;
Step 2: Within 5 working days after receiving a complete and valid dossier, the agency competent to grant construction permits shall consider and allow the extension of the construction permit or re-grant the construction permit.
Which agency has the authority to extend the construction permits in Vietnam?
According to Article 103 of the Law on Construction 2014 (amended and supplemented by Clause 37, Article 1 of the Law on amendments to Construction Law 2020), regulations on the authority to extend construction permits are as follows:
Competence to grant, adjust, extend, re-grant and withdraw construction permits
2. Provincial-level People’s Committees grant construction permits for construction works requiring construction permits in their provinces, except those prescribed in Clause 3 of this Article. Provincial-level People’s Committees may decentralize powers to provincial-level Construction Departments, and management boards of industrial parks, export processing zones, hi-tech parks and economic zones and district-level People’s Committees to grant construction permits under the scope of management and functions of these agencies.
3. District-level People’s Committees grant construction permits for grade-III and grade-IV works and detached houses in the territories under their management.
4. Agencies competent to grant construction permits are competent to adjust, extend, re-grant and withdraw construction permits they have granted.
5. In case an agency competent to grant construction permits fails to withdraw a construction permit it has granted ultra vires, the provincial-level People’s Committee shall directly issue a decision to withdraw such construction permit.
Accordingly, the competent authority to extend the construction permit for the investor is:
- Provincial-level People’s Committees grant construction permits for construction works requiring construction permits in their provinces;
- District-level People’s Committees grant construction permits for grade-III and grade-IV works and detached houses in the territories under their management.
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