Conditions for granting construction permits for works in urban areas in Vietnam

1. What is construction permit?

According to the provisions of Clause 17, Article 3 of the Construction Law 2014, construction permit is defined as follows:

Construction permit means a legal document granted by a competent state agency to a project owner for construction, repair, renovation or relocation of a work.

According to Article 90 of the Construction Law 2014, major contents of a construction permit in Vietnam include:

- Name of the work under the project.

- Name and address of project owner.

- Location and position for the work construction; the work construction line, for works built in lines.

- Type and grade of the work.

- Work construction level.

- Red-line and construction boundaries.

- Construction density (if any).

- Land use coefficient (if any).

- For civil works, industrial works and separate houses, in addition to the contents specified in Clauses 1 thru 8 of this Article, their construction permits must contain contents on total construction area, construction area of the first (ground) floor, number of stories (including basement, attic, technical story and staircase roof), and maximum elevation of the entire work.

2. Conditions for granting construction permits for works in urban areas in Vietnam 

According to the provisions of Article 91 of the Construction Law 2014, the conditions for granting construction permits for works in urban areas are as follows:

- Being in line with approved construction detailed master plans. For construction works located in stable areas or street routes in urban centers which have no detailed construction master plan yet, they must be in line with regulations on management of planning, urban architecture or urban designs promulgated by competent state agencies.

- Being conformable with land use purposes according to approved land use master plans.

- Ensuring safety for the works and adjacent works and meeting requirements on environmental protection and fire and explosion prevention and fighting; ensuring safety for technical infrastructure and protection corridors of irrigation works, dikes, energy works, traffic works, cultural heritage zones, historical-cultural relics; ensuring safety distance to fire- or explosion-prone and hazardous facilities, and important works related to national defense and security.

- Having their construction designs appraised and approved under Article 82 of this Law.

- Having dossiers of application for construction permits suitable to each type of construction permit prescribed in Articles 95, 96 and 97 of this Law.

Thus, organizations and individuals applying for construction permits for works in urban areas must comply with the licensing conditions, and construction works must conform to detailed construction plans already approved by competent state agencies. At the same time, during the construction process, it is necessary to ensure some principles of construction safety.

3. Rights and obligations of construction permit applicants in Vietnam 

According to the provisions of Article 106 of the Construction Law 2014, the rights and obligations of construction permit applicants are as follows:

- Construction permit applicants have the following rights:

+ To request construction licensing agencies to explain, guide and comply with regulations on construction licensing;

+ To file complaints about, lawsuits and denunciations against illegal acts in the grant of construction permits;

+ To start construction of works in accordance with this Law.

- Construction permit applicants have the following obligations:

+ To submit complete dossiers and fully pay fees for the grant of construction permits;

+ To bear responsibility for the accuracy and truthfulness of construction permit application dossiers;

+ Seven working days before starting the construction, to notify in writing the construction starting date to the commune-level People’s Committees of places where works will be constructed;

+ To observe strictly the contents of the construction permits.

Thus, the applicant for a construction permit must strictly comply with the contents of the registered construction permit, submit a complete application and construction permit fee, etc. If the applicant for the construction permit does not properly perform their obligations in accordance with the provisions of the law, It is possible that the person applying for a construction permit will be sanctioned for administrative violations such as construction that was wrongly designed or wrongly compared with the issued construction permit; forced restoration to original condition; and forced dismantling.

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