Is it possible to get house construction permit without a certificate of land use rights and ownership of houses and other land- attached assets (certificate) in Vietnam?

Is it possible to get house construction permit without a certificate of land use rights and ownership of houses and other land- attached assets (certificate) in Vietnam?

Please let me ask in the application for a separate house construction permit, a copy of one of the documents proving the land use right is required, but I do not have the certificate. Can I get a permit to build a new detached house?

Reply:

According to the provisions of the Law on Construction 2014, a dossier of application for a new construction permit for a separate house includes:

a/ An application for a construction permit;

b/ A copy of one of the papers proving land use rights as prescribed by the land law;

c/ Construction designing drawings;

d/ A written commitment to ensure safety for adjacent works, for construction works adjacent to other works.

In which, according to the provisions of Article 3 of Decree 53/2017/ND-CP, legal land documents for granting construction licenses are identified as papers of one of the following categories:

Legal land documents for granting a construction license specified in this Decree include:

1. The certificate of land-use rights granted in accordance with the Land Law 1987, the Land Law 1993, the Law on Amendments to certain articles of the Land Law 2001, and the Land Law 2003.

2. The certificate of land-use rights, ownership of house and other property on land granted in compliance with the Land Law 2013, Law No. 38/2009/QH12 on Amendments to certain articles of laws related to capital construction.

3. The certificate of house ownership and residential land use rights granted in conformity with Decree No. 60/CP dated July 05, 1994 of the Government on house ownership and residential land use rights in urban areas, Decree No. 61/CP dated July 05, 1994 of the Government on housing business.

4. The certificate of house ownership and the certificate of construction ownership granted in accordance with the Housing Ordinance 1991, the Housing Law 2005, Decree No. 81/2001/ND-CP dated November 05, 2001 of the Government on overseas Vietnamese purchasing houses in Vietnam, Decree No. 95/2005/ND-CP dated July 15, 2005 of the Government on granting the certificates of house and construction ownership, Decree No. 90/2006/ND-CP dated September 06, 2006 of the Government with detailed regulations and guidance for the Housing Law, Decree No. 51/2009/ND-CP dated June 03, 2009 providing guidance for certain articles of Resolution No. 19/2008/QH12 dated June 03, 2008 of the National Assembly on piloting permission for foreign organizations and foreigners to purchase and possess houses in Vietnam, Articles 31 and 32 of Decree No. 43/2014/ND-CP dated May 15, 2014 of the Government providing detailed guidance for certain articles of the Land Law, other certificates of house and construction ownership granted in adherence to regulations of land, housing, and construction laws in applicable when they are issued.

5. Documents proving that the applicant is eligible to be granted the certificate of land-use rights, ownership of houses and other property on land but has not been granted a certificate, including: Documents specified in Article 100 of the Land Law 2013, Article 18 of Decree No. 43/2014/ND-CP dated May 15, 2014 of the Government providing guidelines in detail for certain articles of the Land Law 2013, Clause 16 of Article 2 of Decree No. 01/2017/ND-CP dated January 06, 2017, the Law on Amendments to certain Decrees providing guidelines in detail for the Land Law or a written confirmation that the applicant is eligible to be granted the certificate of land use rights, ownership of houses and other property on land which is issued by the People’s Committee of the commune and certified by the land registration authority.

6. Land documents in cases where the State allocates and leases out land, and repurposing land from July 01, 2004 without the certificates of land-use rights, ownership of houses and other property on land in accordance with regulations of the Land Law, including: a land allocation decision or land lease decision of the competent authority and a land lease contract (if any) or a document on successful bid for land-use rights or a land-using project or a decision on permission for land repurposing of the competent authority.

7. A report on the review and declaration of the use of a land area by organizations and religious facilities without the certificate of land-use rights, ownership of houses and other property on land which will be invested and handled by the People’s Committee of the province where the land area is located in accordance with Article 28 of Decree No. 43/2014/ND-CP dated May 15, 2014 of the Government providing detailed guidance for certain articles of the Land Law.

8. Documents on the ranking of historic and cultural sites and landscapes for granting a license to build, repair, renovate or relocate them without the certificate of land-use rights, ownership of houses and other property on land in compliance with Article 27 of Decree No. 43/2014/ND-CP dated May 15, 2014 of the Government providing detailed guidance for certain articles of the Land Law 2013.

9. The certificate of land-use rights or a written approval for location of a billboard, telecommunication station or antenna in an area where construction and repurposing are not permitted.

10. A land lease contract signed by the construction investor and the party which manages and uses the transportation work or a written approval from a transport authority for construction an area dedicated to transportation in compliance with regulations of law.

11. A document of the competent State authority allowing the land repurposing in the case where the land user has legal land documents defined in Clauses 1, 2, 3, 4, and 5 of this Article but and applies for a construction license for purposes other than the ones written on those documents.

12. A document of the competent authority which grants the certificate of land-use rights at the request of a construction licensing authority to define the area of each type of land if the land user has one of the legal land documents specified in Clauses 1, 2, 3, 4, and 5 of this Article but it does not state clearly the area of each type of land, which is the basis for granting a construction license.

(The above is the summary, see details in Article 3 of Decree 59/2017/ND-CP)

Thus: Based on the above-cited regulations in Vietnam, in case the land does not have a land use right certificate (also known as a certificate), but the land user has one of the above-mentioned papers, the land user will still be entitled to construction permit for a separate house when fully meeting the conditions for granting construction permits as prescribed by law in Vietnam.

Do I need a construction permit when building a house in the city in Vietnam?

My wife and I just bought a piece of land in Vinh City, planning to build a house in December 2019. But do not know whether to apply for a building permit? If yes, what is the license application? Hope to get a response.

Reply:

According to Article 89 of the 2014 Law on Construction, which stipulates that the subjects must apply for a construction permit, if you intend to build a separate house in Vinh city (urban area), you must apply for a construction permit before starting construction (Specifically before December 2019).

A dossier of application for a construction permit is specified in Article 93 of the Law on Construction 2014, specifically the following documents:

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.

Thus, when building a house in Vinh City, you and your spouse are required to apply for a construction permit. Dossier of application for a construction permit shall be carried out as above in Vietnam.

Is it possible to use the issued construction permit in case construction period is extended due to insufficient money to build a house in Vietnam? 

My wife and I bought land and applied for a construction permit. But due to expenses, we cannot afford to build. Now after 5 years, we want to rebuild, can we use the issued construction permit? I hope you can advise me.

Reply:

According to Clause 18, Article 3 of the Law on Construction 2014, construction permit with a definite period means a construction permit granted for construction of a work or separate house within a given duration under the plan for implementation of the construction master plan.

According to the provisions of Clause 10, Article 90 of the Law on Construction 2014, the deadline for construction commencement, which must be within 12 months from the date of grant of the construction permit.

At the same time, if after applying for a permit but the economic financial resources are not enough to carry out the construction, before the construction period on the construction permit expires and the work has not been started, the investor shall must file an application for extension of a construction permit. Each construction permit can only be renewed up to 2 times. Each renewal period is 12 months. When the construction permit extension period expires but construction has not yet commenced, the investor must submit an application for a new construction permit.

Thus, compared with the time you provide, it can be determined that you should submit a new construction permit application in Vietnam, which will be more convenient than applying for an extension because the time is too long and the construction planning of the commune has changed a lot.

Best regards!