Application for issuance of construction permits for works not built by routes in Vietnam

Works not built by routes and works under the project in Vietnam

According to the provisions of Point c, Clause 1, Article 1 of the revised Construction Law 2020, stipulates:

10. “construction work” means a product constructed according to design, created by human labor and with building materials and equipment installed therein, and affixed to land, which possibly includes underground and surface components, underwater and water surface components.

And in Clause 15, Article 3 of the 2014 Law on Construction, it is stipulated as follows:

15. Construction investment project means a collection of proposals concerning use of funds for construction, repair or renovation of a construction work with a view to developing, maintaining and raising the quality of the work or product or service within a given duration at specified costs. At the stage of investment construction project preparation, the project shall be demonstrated through the construction investment pre-feasibility study report, the construction investment feasibility study report or construction investment economic-technical report.

According to this Article, works built by routes are understood as works built along the alignment in one or more topographical areas in Vietnam. For works not built by routes, it is understood in the opposite sense.

Application for issuance of construction permits for works not built by routes in Vietnam

Pursuant to Article 43 of Decree 15/2021/ND-CP, stipulates:

1. For works not built by routes:

a) An application form for issuance of construction permit No. 01 of Appendix II hereto;

b) A copy of one in written proofs of land use rights as prescribed in legislation on land;

c) Project approval decision; the written notice of appraisal result of the construction authority and the basic design drawing documents enclosed with a certification stamp (if any); report on construction design assessment result according to the provisions of Clause 4, Article 41 of this Decree; certificate of fire safety design appraisal and approved documents and drawings enclosed as per the law on fire safety; result of environmental protection in accordance with the law on environmental protection in case of failure to appraise the feasibility study report at the construction authority;

d) 02 sets of construction drawings in the construction design documents following the basic design approved in accordance with the construction law, including: master plan of the project, site plan showing the location of the work; architectural drawings of primary plans, elevations and sections of the works; footing plans and sections; drawings reflecting structural solutions of the work; site plan linked with outside infrastructure.

2. For works built by routes:

a) An application form for issuance of construction permit No. 01 of Appendix II hereto;

b) One in written proofs of land use rights as prescribed in legislation on land or an approval of the competent authority on location and route plan or a land expropriation decision of the competent authority as per the land law;

c) Documents specified in point c clause 1 hereof;

d) 02 sets of construction drawings in the construction design documents following the basic design approved in accordance with the construction law, including: diagram of route of works; master plan of the project or topographical plan, primary longitudinal sections and cross sections of the route of the work; footing plans and sections; drawings reflecting structural solutions of the work; site plan linked with outside infrastructure.

3. For works of belief or religion:

a) An application for a construction permit for religious works includes documents as prescribed in Clause 1 of this Article and a written approval of the need to build and work size of the authority in charge of belief and religion affiliated to the People's Committee of the province;

b) An application for a construction permit for belief works includes the documents specified in Article 46 of this Decree and opinions of the authority in charge of belief and religion affiliated to the People's Committee of the province (if regulated by the law on belief and religion); a report on the result of construction design assessment for religious works with great impact on community safety and benefits;

c) As for an application for the construction permit of works of belief or religion under a project on preservation, restoration and restoration of historical - cultural relics, scenic beauties, in addition to the prescribed documents in Points a and b of this Clause, documents on the necessity to build and work size of cultural authority must be added in accordance with the law on cultural heritage.

4. Monuments, murals:

An application for a construction permit includes documents as prescribed in Clause 1 of this Article and a written approval of the need to build and work size of the cultural authority.

5. For advertising works:

Comply with the law on advertising.

6. For works of diplomatic missions and international organizations:

Applications for construction permits for works of diplomatic missions, international organizations and foreign agencies investing in Vietnam shall comply with the respective provisions in Clause 1 or 2 of this Article and the provisions of agreements signed with the Government of Vietnam.

Best Regards!