Is a permit required for relocating a construction project in Vietnam? What documents are included in the Application for a construction relocation permit in Vietnam?
Is a permit required for relocating a construction project in Vietnam?
Based on Article 117 of the Construction Law 2014 on the relocation of construction works:
Article 117. Relocation of Construction Works
- The relocation of a construction work from one location to another must comply with the approved construction planning, ensure the quality, safety of the work, not affect neighboring works, and maintain the architecture for works that require preservation.
- When relocating a construction work, the investor or owner of the work must obtain a permit for the relocation of the construction work.
- The contractor performing the relocation of the construction work must implement measures to ensure labor safety, safety of the relocated work, and neighboring works, as well as environmental protection.
According to the above regulations, when relocating a construction work, the investor or owner must obtain a permit for the relocation of the construction work.
Is a permit required for relocating a construction project in Vietnam? What documents are included in the Application for a construction relocation permit in Vietnam? (Image from the Internet)
What documents are included in the Application for a construction relocation permit in Vietnam?
Based on Article 48 of Decree 15/2021/ND-CP on the Application for a construction relocation permit:
Article 48. Application for a construction relocation permit
- Application form for a permit to relocate the construction work according to Form No. 01, Appendix II of this Decree.
- Documents as prescribed in Clauses 2, 3, 4, and 5, Article 97 of the Construction Law 2014.
Thus, the Application for a construction relocation permit includes the following documents:
- Application form for a permit to relocate the construction work
- Copy of documents proving land use rights at the location to be relocated to and legal documents of ownership of the work, in accordance with the law.
- As-built drawing of the work (if any) or design drawing describing the current state of the relocated work, including site plan, section of the foundation, and main structural drawings; general site plan of the destination; site plan, section of the foundation at the destination of the relocated work.
- Report on the survey results assessing the quality of the current state of the work by qualified organizations or individuals
- Relocation plan by qualified organizations or individuals including:
+ Explanation of the current state of the work and the area to be relocated to
+ Relocation solutions, plan for arranging the use of means, equipment, and manpower
+ Solutions to ensure safety for the work, people, machinery, equipment, and nearby works
+ Ensure environmental sanitation
+ Relocation progress
+ Organizations or individuals performing the relocation of the work
+ Construction method drawings for the relocation of the work.
What are types of construction permits in Vietnam?
According to Article 89 of the Construction Law 2014 (amended by Clause 30, Article 1 of the Construction Law Amendment 2020) providing general provisions on the issuance of construction permits:
Article 89. General Provisions on the Issuance of Construction Permits
[...]
k) The investor for the construction works specified in points b, e, g, h, and i of this Clause, except for individual houses specified at point i of this Clause, is responsible for sending a notice of the commencement of construction, construction design dossier under regulations to the state construction management agency at the local level for management.
- Construction permits include:
a) New construction permit;
b) Repair, renovation permit;
c) Relocation permit;
d) Time-limited construction permit.
- A construction project will be granted a construction permit in phases when there is a design deployed after the basic design of each phase has been appraised and approved as prescribed in this Law.
- For an investment construction project with multiple works, a construction permit may be issued for one, some, or all works within the project when the works require simultaneous execution, ensuring the requirements for conditions, timing, and uniformity of the project.
Thus, there are 04 types of construction permits, including:
(1) New construction permit
(2) Repair, renovation permit
(3) Relocation permit
(4) Time-limited construction permit
