How long does it take to apply for a construction permit for a separate house in Vietnam?

How long does it take to apply for a construction permit for a separate house in Vietnam?

My name is Ngoc Han, in the near future my husband and I will build a house to serve the needs of the whole family. Regarding the issuance of building permits in Vietnam. Please ask: How long does it take to apply for a construction permit for a separate house?

Reply:

At Point d, Clause 1, Article 102 of the Law on Construction 2014, there is a provision on the issue you have questions about as follows:

dd/ Within 12 days, for works or separate houses, after receiving a dossier, consulted state management agencies shall issue written replies on the contents under their respective management functions.

After the above time limit, if they give no opinions, they shall be considered having agreed and shall take responsibility for the contents under their respective management functions; in pursuance to current regulations, the agency competent to grant construction permits shall decide to grant construction permits;

e) From the date of receiving a valid dossier, the agency competent to grant construction permits shall examine the dossier for the grant of a permit within 20 days in the case of grant of construction permits, including also definite-term construction permits, adjusted construction permits and relocation permits, and within 15 days, for detached houses. At the end of the time limit for the grant of a construction permit, if the agency competent to grant construction permits needs more time for examination, it shall notify in writing the reason to the project owner and at the same time report it to the direct management agency for consideration and direction, but within 10 days after the expiration of the time limit prescribed in this Clause. The time limit for grant of construction permits for advertisement works shall comply with the provisions of the Law on advertisement.

What are requirements to apply for a construction permit for a separate house in Vietnam?

Please ask: What are requirements to apply for a construction permit for a separate house in Vietnam? Is this issue mentioned in any legal documents? Hope to get a response soon. Thank you!

Reply:

Conditions for granting construction permits for individual houses are specified in Article 93 of the Construction Law 2014 with the following content:

1. General conditions for the grant of construction permits for separate houses in urban areas include:

a/ Being conformable with land use purposes according to approved land use master plans;

b/ 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;

c/ Having their construction designs made under Clause 7, Article 79 of this Law;

d/ Having dossiers of application for construction made under Clause 1, Article 95, and Articles 96 and 97 of this Law.

2. Separate houses in urban areas must meet the conditions prescribed in Clause 1 of this Article and conform with detailed construction plans. Separate houses located in stable areas or street routes in urban centers which have no detailed construction master plans, must comply with regulations on management of planning, urban architecture and urban designs promulgated by competent state agencies.

3. Separate houses in rural areas, when constructed, must conform with detailed construction master plans for rural residential points.

Do I have to apply for a construction permit for individual houses built in conservation areas in Vietnam?

I have the following issue that I would like to address. I live with my family in an area that is a national reserve (I can't name it here, sorry). Now I want to move out to build my own house but also on the family's land. In my area is defined as a rural area but is in a protected area. Do I need a construction permit when I build a house? I have heard people say that building a house in the countryside does not require a permit.

Reply:

According to the provisions of Clause 1, Article 89 of the Law on Construction 2014, before starting construction of works, project owners shall obtain construction permits granted by competent state agencies in accordance with this Law, except the cases prescribed in Clause 2 of this Article.

According to Clause 2, Article 89 of the Law on Construction 2014 regulates cases where construction works are exempt from construction permits.

In which, Point k, Clause 2, Article 89 of the Law on Construction 2014 has the following provisions:

Article 89. Works subject to, and types of, construction permits

...

2. Works exempted from construction permit include:

...

k/ Construction works in rural areas without approved urban development plans and detailed construction plans; separate houses in rural areas, except separate houses built in conservation zones or historical and cultural relic zones;

Thus: based on the regulations cited above, in case of building individual houses in rural areas, they are exempt from Construction Permits in Vietnam.

However, in cases where individual houses in rural areas are built in conservation areas or historical-cultural relic areas, they are not exempt from Construction Permits in Vietnam.

That means that in cases where individual houses in rural areas are built in conservation areas or historical-cultural relic sites, a construction permit must be applied for in accordance with the law in Vietnam.

Therefore, the conclusion: For the case you presented, you want to build a house in a national conservation area, so you must apply for a Construction Permit according to the provisions of law before starting construction in Vietnam.

Conditions, documents, and procedures for applying for a construction permit comply with the provisions of the Construction Law 2014 and other related legal regulations in Vietnam.

Best regards!