What are requirements for urban construction works to obtain a building permit in Vietnam?

1. What are requirements for urban construction works to obtain a building permit in Vietnam?

According to the provisions of Article 91 of the Construction Law 2014 (amended by point a, Clause 1, Article 39 of the Architecture Law 2019) on the conditions for granting construction permits for urban projects in Vietnam:

- Comply with the detailed construction planning approved by competent state agencies. For construction projects in areas and streets in stable urban conditions but without detailed construction planning or urban design, it must comply with the architectural management regulations issued by competent state authorities.

- Comply with the land use purposes as prescribed by the land law.

- Ensure safety for the project, adjacent works, environmental protection requirements, fire and explosion prevention and control; ensure technical infrastructure safety, protection corridors of irrigation works, dykes, energy, transportation, cultural heritage sites, historical-cultural relics; ensure a safe distance to flammable, explosive, toxic projects and important constructions related to national defense and security.

- The construction project design has been appraised and approved according to the provisions of Article 82 of the Construction Law 2014.

- The application dossier for construction permits must comply with the type of permit according to the provisions of Articles 95, 96, and 97 of the Construction Law 2014.

Thus, to be granted construction permits, urban projects must meet the following conditions: comply with planning and land use purposes; ensure safety for the project and surrounding environment; adhere to fire prevention and firefighting requirements, heritage protection, and national defense and security; have appraised and approved construction designs; complete the application dossier as prescribed.

2. What are rights and obligations of the applicant for a construction permit in Vietnam?

According to Article 106 of the Construction Law 2014 of Vietnam on the rights and obligations of a person applying for a construction permit:

- Organizations and individuals applying for construction permits have the following rights:

+ Request the construction permit issuance agency to explain, guide, and comply with the regulations on issuing construction permits.

+ File complaints, lawsuits, report violations of the law in the issuance of construction permits.

+ Commence construction works according to the provisions of the Law.

- Organizations and individuals applying for construction permits have the following obligations:

+ Submit a complete dossier and pay the fee for issuing a construction permit.

+ Be responsible for the accuracy and honesty of the dossier content requesting the issuance of a construction permit.

+ Notify the commencement date of construction as prescribed in point e, Clause 1, Article 107 of the Construction Law 2014.

+ Comply with the content of the issued construction permit.

Thus, a person applying for a construction permit must comply with the content of the issued construction permit, submit a complete dossier and fee for the permit issuance, notify the construction commencement date, and other related obligations.

3. What contents does a construction permit in Vietnam include?

A construction permit in Vietnam includes the following main contents:

(1) Name of the project.

(2) Name and address of the investor.

(3) Location and position of the construction work; construction route for linear works.

(4) Type and level of construction work.

(5) Construction elevation.

(6) Red line boundary, construction boundary.

(7) Construction density (if any).

(8) Land use coefficient (if any).

(9) For civil works, industrial works, private houses, in addition to the contents prescribed from items 1 to 8, the total construction area, area of the 1st floor (ground floor), number of floors (including basement, attic, technical floors, penthouse), maximum height of the entire project must also be included.

(10) Construction commencement deadline not exceeding 12 months from the date of the construction permit issuance.

(Based on Article 90 of the Construction Law 2014 of Vietnam)

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