What are the instructions for piloting the construction of prefabricated high-rise parking lots using semi-automatic vehicle loading technology in Ho Chi Minh City?

Main Content

• What are the instructions for piloting the construction of prefabricated high-rise parking lots using semi-automatic vehicle loading technology in Ho Chi Minh City?
• Are makeshift works not eligible for construction permit exemption in Vietnam?
• What are the purposes of construction of makeshift works in Vietnam?

What are the instructions for piloting the construction of prefabricated high-rise parking lots using semi-automatic vehicle loading technology in Ho Chi Minh City?

On April 18, 2023, the Ministry of Construction issued Official Dispatch 1503/BXD-HDXD in 2023 providing guidance on piloting the construction of prefabricated high-rise parking lots using semi-automatic vehicle loading technology in Ho Chi Minh City.

Accordingly, the Ministry of Construction has issued instructions for piloting the construction of prefabricated high-rise parking lots using semi-automatic vehicle loading technology in Ho Chi Minh City as follows:

- The Ho Chi Minh City People's Committee is responsible for inspecting and reviewing the city's parking lot system; expeditiously deploy the construction and complete the investment in the construction of the parking lot system according to the plan, meeting the requirements of the city's traffic infrastructure in accordance with regulations.

- Based on the actual situation and specific conditions in the locality, the Ho Chi Minh City People's Committee shall decide according to its competence on the determination of makeshift works with specific purposes and durations as prescribed.

At the same time, before determining a makeshift work, the Ho Chi Minh City People's Committee must assess the impact of the investment in the construction of this makeshift work on attracting investment in the construction of the city’s parking lot according to the approved plan or affecting the investment in the construction of neighboring works according to the plan, ensuring the traffic order and safety in the area.

In case a prefabricated high-rise parking lot using semi-automatic vehicle loading technology is determined by the Ho Chi Minh City People's Committee to be makeshift work, regulations must be complied with. To be specific:

+ The Ho Chi Minh City People's Committee is responsible for approving the location, scale of construction of the work and the duration of the existence of the project.

+ Regarding procedures for approving investment guidelines, the Ho Chi Minh City People's Committee shall, based on the provisions of the law on investment and public investment, implement or consult the Ministry of Planning and Investment in case of necessity.

- Investors and contractors themselves organize the appraisal, approval of construction design, construction estimation and construction of makeshift works. In case the makeshift work greatly affects safety and community interests, the construction design of the makeshift work must be verified for safety conditions and sent to the local specialized construction agency for supervision and inspection according to regulations.

+ In this case, the makeshift work must be demolished upon the expiry of the existence period.

+ In addition, a prefabricated high-rise parking lot using semi-automatic vehicle loading technology must still meet fire safety requirements in accordance with the law on fire prevention and fighting and other relevant laws.

The instructions for piloting the construction of prefabricated high-rise parking lots using semi-automatic vehicle loading technology in Ho Chi Minh City are mentioned as above.

Are makeshift works not eligible for construction permit exemption in Vietnam?

Pursuant to the provisions of Section 4 of Official Dispatch 1503/BXD-HDXD of 2023 as follows:

4. Makeshift works are eligible for construction permit exemption as prescribed in Article 89 of the 2014 Law on Construction amended in Clause 30 Article 1 of Law No. 62/2020/QH14 of the Law amending and supplementing a number of articles of the Law on Construction.

Pursuant to the provisions of 89 of the Law on Construction 2014 (amended by Clause 30 Article 1 of the Law on Amendments to Law on Construction 2020) as follows:

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;

....

Accordingly, makeshift works in Vietnam are eligible for construction permit exemption when the conditions prescribed in Article 131 of the Law on Construction 2014 are met.

What are the purposes of construction of makeshift works in Vietnam?

Pursuant to the provisions of Article 131 of the Law on Construction 2014 (amended by Clause 49 Article 1 of the Law on Amendments to Law on Construction 2020) as follows:

Article 131. Construction of makeshift works

1. Makeshift works are those constructed to serve, for definite terms, the following purposes:

a) The construction of main works;

b) The organization of events or other activities within the periods prescribed in Clause 2 of this Article.

2. The works prescribed in Point b Clause 1 of this Article must be given approval by provincial- or district-level People’s Committees of their location, size and existence duration.

3. Project owners and construction contractors shall themselves organize the appraisal and approval of construction designs and cost estimates, and the construction of makeshift works. Construction designs of the works significantly affecting the community safety and interests must be verified in terms of conditions to ensure safety, and sent to local specialized construction agencies for monitoring and inspection as prescribed.

Accordingly, the purposes of construction of makeshift works in Vietnam are:

- The construction of main works;

- The organization of events or other activities within the periods prescribed in Clause 2 of Article 131 of the Law on Construction 2014.