Procedures for Extending Construction Permits for Special Class, Class I, and Class II Provincial-Level Projects - Latest Guidelines
Procedures for extending construction permits for special-grade, Grade I, and Grade II provincial-level construction works as updated?
According to subsection 7, Section II, Administrative Procedures issued together with Decision 1105/QD-BXD in 2023, the procedures for extending construction permits for special-grade, Grade I, and Grade II provincial-level construction works are as follows:
- Foreign contractors shall directly submit, via postal service, or online one set of application documents requesting the issuance of construction activity permits to the Provincial Public Administration Service Center or the Receiving and Result Return Department of the Department of Construction.
- Within 20 days from the date of receiving complete documents, the Department of Construction shall review and issue the construction activity permit to the foreign contractor according to Form No. 05 (for organizations) and Form No. 06 (for individuals) in Appendix III of Decree 15/2021/ND-CP. If not issued, the Department of Construction must provide a written response to the contractor stating the reasons.
Method of implementation: Submit documents directly, via postal service, or online.
The processing time for the procedure to extend construction permits for special-grade, Grade I, and Grade II provincial-level construction works: 20 days from the date of receiving valid documents.
The requirements for extending the construction permit for special-grade, Grade I, and Grade II provincial-level construction works are as follows:
- Foreign contractors are issued construction activity permits when they have a winning decision or are selected by the investor/main (sub) contractor.
- Foreign contractors must form a joint venture with a Vietnamese contractor or use a Vietnamese subcontractor unless domestic contractors do not have the capability to participate in any task of the package. When forming a joint venture or using a Vietnamese contractor, the content, volume, and value of the work undertaken by the Vietnamese contractor in the joint venture; by the Vietnamese subcontractor must be clearly defined.
- Foreign contractors must commit to fully complying with the legal regulations of Vietnam related to contracting activities in Vietnam.
Procedures for extending construction permits for special-grade, Grade I, and Grade II provincial-level construction works as updated?
What contents must be included in the construction permit?
According to Article 90 of the Construction Law 2014 regarding the contents of construction permits:
Principal contents of construction permits:
1. Name of the work belonging to the project.
2. Name and address of the investor.
3. Location and position of the construction work; the route of the construction work for line works.
4. Type, grade of the construction work.
5. Construction elevation of the work.
6. Red line boundary, construction boundary.
7. Construction density (if any).
8. Land use coefficient (if any).
9. For civil works, industrial works, individual houses, in addition to the contents specified from Clause 1 to Clause 8 of this Article, the total construction area, floor area of the first floor (ground floor), number of floors (including basement, mezzanine, technical floors, deck), the maximum height of the entire work must also be included.
10. Construction commencement time limit not exceeding 12 months from the date of issuance of the construction permit.
Thus, the construction permit must include the above contents.
Which construction works require construction permits?
According to Article 89 of the Construction Law 2014 (amended by Clause 30 of Article 1 of the Amended Construction Law 2020) regarding the issuance of construction permits for construction works that require permits by a competent state agency for investors, except for the 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 projects using public investment funds decided by the Prime Minister, head of central agencies of political organizations, the Supreme People's Procuracy, the Supreme People's Court, the State Audit, the Presidential Office, the National Assembly Office, ministries, ministerial-level agencies, government-attached agencies, central agencies of Vietnam Fatherland Front and of socio-political organizations, and Chairpersons of provincial-level People's Committees.
+ Temporary construction works according to Article 131 of the Construction Law 2014.
+ Works for repair and renovation inside the building or works for repair and renovation of the exterior without adjacent to streets in urban areas requiring architectural control as stipulated by competent state agencies; the repair and renovation content does not change the functions of use, does not affect the safety of the bearing structure of the work, conforms to the construction planning approved by competent state agencies, and meets the fire safety, explosion protection, and environmental protection requirements.
+ Advertisement works not subject to construction permits as per the law on advertising; passive telecommunication technical infrastructure works as defined by the Government of Vietnam.
+ Construction works situated on the territory of two or more provincial-level administrative units, line works in non-urban areas conforming to construction planning or technical and specialized planning approved by the competent state agency.
+ Construction works already notified by specialized construction agencies of the construction design assessment result after the basic design is approved and meeting the conditions for construction permit as regulated by this Law;
+ Single-detached houses under 07 stories belonging to urban development projects, housing construction projects with detailed 1/500 scale planning approved by competent state agencies.
+ Grade IV constructions, single-detached houses in rural areas under 07 stories situated in non-urban planning areas, functional area planning zones, or rural residential point detailed planning approved by competent state agencies; grade IV constructions, single-detached houses in mountainous, island areas situated in non-urban planning zones, functional area planning zones; excluding constructions and single-detached houses built in conservation, historical, cultural relic zones.
+ Investors of construction works stipulated in points b, e, g, h, and i of this clause, excluding single-detached houses specified in point i of this clause are responsible for notifying the commencement time, submitting the design documents to the local construction management agency for management.
- Construction permits include:
+ New construction permits.
+ Repair and renovation permits.
+ Relocation permits.
+ Time-limited construction permits.
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