Is the work issued with an investment certificate, located in an industrial cluster, is it exempt from a construction permit in Vietnam?

Main Content

• What are the contents of construction permits?
• What cases are exempt from construction permits?
• Are construction works in an industrial cluster for which the detailed planning with a scale of 1/500 eligible to exempt from construction permit?

What are the contents of construction permits?

Pursuant to Clause 3 Article 89 of the Law on Construction 2014 of Vietnam, amended by Clause 30 Article 1 of the Law on Amendment to Construction Law 2020 of Vietnam, current construction permits include:

(1) New construction permit;

(2) Repair and renovation permit;

(3) Relocation permit;

(4) Definite-term construction permit.

Thus, according to the current law, in addition to new construction permit, competent agencies also issue repair and renovation permit, relocation permit, definite-term construction permit.

Exempt from construction permits

What cases are exempt from construction permits?

Pursuant to Clause 30 Article 1 of the Law on Amendment to Construction Law 2020 of Vietnam:

- Works involving state secrets; works constructed under emergency orders;

- 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;

- Makeshift construction works as prescribed in Article 131 hereof;

- 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;

- Advertisement works not subject to construction permits as prescribed by the Law on advertisement; passive telecom infrastructure works as prescribed by the Government;

- 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;

- 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;

- 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;

- 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;

- 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.

Are construction works in an industrial cluster for which the detailed planning with a scale of 1/500 eligible to exempt from construction permit?

Construction works in an industrial cluster for which the detailed planning with a scale of 1/500 are not one of the cases in which construction permit is exempted, however, Clause 2 Article 23 of Decree 68/2017/ND-CP of Vietnam stipulates:

“Article 23. Land lease and issuance of construction permits in industrial clusters

…

2. Construction works in an industrial cluster for which the detailed planning with a scale of 1/500 has been approved and for which the design has been appraised are exempt from construction permits. In this case, the organizations and individuals shall send written notice of the date of commencing building of construction works enclosed with the construction design dossier to the district-level People’s Committees for monitoring and archiving purposes.”

Thus, in case your work is issued with an investment certificate, located in an industrial cluster, has the detailed planning with a scale of 1/500 for the cluster, it will be exempt from construction permits.