What kinds of land documents are needed to obtain a construction permit? What cases are exempt from construction permits in Vietnam?
What types of construction permits are there?
Pursuant to Clause 3, Article 89 of the 2014 Law on Construction of Vietnam (amended by Clause 30, Article 1 of the 2020 Law on amendments to Construction Law of Vietnam) stipulating types of construction permits as follows:
- New construction permit;
- Repair and renovation permit;
- Relocation permit;
- Definite-term construction permit.
What kinds of land documents are needed to obtain a construction permit? What cases are exempt from construction permits in Vietnam?
What kinds of land documents are needed to obtain construction permits in Vietnam?
Pursuant to Article 3 of Decree 53/2017/ND-CP, the legal land documents for granting construction permits in Vietnam are papers of one of the following documents:
- The certificate of land use rights
- The certificate of land use rights, ownership of house and other property on land
- The certificate of house ownership and residential land use rights
- The certificate of house ownership and the certificate of construction ownership
- Other certificates of house and construction ownership granted in adherence to regulations of land, housing, and construction laws in applicable when they are issued
- Documents proving that the applicant is eligible to be granted the certificate of land-use rights, ownership of houses and other property on land but has not been granted a certificate, including:
Documents specified in Article 100 of the Land Law 2013, Article 18 of Decree No. 43/2014/ND-CP, Clause 16 of Article 2 of Decree No. 01/2017/ND-CP
- Land documents in cases where the State allocates and leases out land, and repurposing land from July 01, 2004 without the certificates of land-use rights, ownership of houses and other property on land in accordance with regulations of the Land Law, including:
+ A land allocation decision or land lease decision of the competent authority and a land lease contract (if any)
+ A document on successful bid for land-use rights or a land-using project
+ A decision on permission for land repurposing of the competent authority.
- A report on the review and declaration of the use of a land area by organizations and religious facilities without the certificate of land-use rights, ownership of houses and other property on land which will be invested and handled by the People’s Committee of the province where the land area is located in accordance with Article 28 of Decree No. 43/2014/ND-CP dated May 15, 2014 of the Government providing detailed guidance for certain articles of the Land Law.
- Documents on the ranking of historic and cultural sites and landscapes for granting a license to build, repair, renovate or relocate them without the certificate of land-use rights, ownership of houses and other property on land in compliance with Article 27 of Decree No. 43/2014/ND-CP dated May 15, 2014 of the Government providing detailed guidance for certain articles of the Land Law 2013.
- The certificate of land-use rights or a written approval for location of a billboard, telecommunication station or antenna in an area where construction and repurposing are not permitted.
- A land lease contract signed by the construction investor and the party which manages and uses the transportation work or a written approval from a transport authority for construction of an area dedicated to transportation in compliance with regulations of law.
- A document of the competent State authority allowing the land repurposing in the case where the land user has legal land documents defined in Clauses 1, 2, 3, 4, and 5 of this Article but and applies for a construction license for purposes other than the ones written on those documents.
- A document of the competent authority which grants the certificate of land-use rights at the request of a construction licensing authority to define the area of each type of land if the land user has one of the legal land documents specified in Clauses 1, 2, 3, 4, and 5 of this Article but it does not state clearly the area of each type of land, which is the basis for granting a construction license.
What cases are exempt from construction permits in Vietnam?
The cases in which construction permit is exempted are specified in Clause 2, Article 89 of the 2014 Law on Construction of Vietnam (amended by Clause 30, Article 1 of the 2020 Law on amendments to Construction Law of Vietnam) as follows:
- 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 Clause 2 Article 89 of the 2014 Law on Construction of Vietnam, except detached houses prescribed in Point i of Clause 2 Article 89 of the 2014 Law on Construction of Vietnam, shall send written notices of the time of construction commencement and construction design dossiers to local construction management agencies.
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