What are cases in which construction permits are not required to build houses in rural areas in Vietnam?
What are cases in which construction permits are not required to build houses in rural areas in Vietnam?
At Article 89 of the Law on Construction 2014 (amended by Clause 30, Article 1 of the amended Law on Construction 2020), regulations on exemptions from construction permits are specified as follows:
General Provisions on Granting Construction Permits
Construction works must have a construction permit issued by a competent state authority to the investor as prescribed by this Law, except for the cases specified in Clause 2 of this Article.
The cases exempted from construction permits include:
a) State-secret construction works; urgent construction works;
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i) Class IV construction works, detached houses in rural areas with a scale of fewer than 07 floors and located in areas without urban planning, functional area planning, or detailed planning of rural residential spots approved by competent state authorities; Class IV construction works, detached houses in mountainous areas, islands located in areas without urban planning, functional area planning; except for construction works and detached houses built in conservation areas, historical-cultural relic areas;
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Thus, rural housing construction is exempted from a construction permit in the following cases:
- Class 4 construction works, detached houses in rural areas with a scale of fewer than 07 floors
- Located in areas without urban planning, functional area planning, or detailed planning of rural residential spots approved by competent state authorities.
How many types of construction permits are there according to the law in Vietnam?
At Clause 3, Article 89 of the Law on Construction 2014 (amended by Clause 30, Article 1 of the amended Law on Construction 2020), regulations on general provisions on granting construction permits are specified as follows:
General Provisions on Granting construction permits
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3. Types of construction permits include:
a) New construction permit;
b) Repair and renovation permit;
c) Work relocation permit;
d) Temporary construction permit.
Construction works are granted construction permits by stages when they have construction designs for each stage, which are evaluated and approved according to the regulations of this Law.
For investment projects with multiple construction works, construction permits are granted for one, some, or all of the works within a project when the works require simultaneous execution, ensuring the conditions, timeframe for granting construction permits, and synchronous requirements of the project.
Thus, there are 04 types of construction permits as follows:
- New construction permit;
- Repair and renovation permit;
- Work relocation permit;
- Temporary construction permit.
What are cases in which construction permits are not required to build houses in rural areas in Vietnam? (Image from the Internet)
What documents are required for application for a new construction permit for a detached house in Vietnam?
At Clause 1, Article 95 of the Law on Construction 2014, regulations on the application for a new construction permit are specified as follows:
Application for a New construction permit
1. The application for a new construction permit for a detached house includes:
a) Application form for a construction permit;
b) A copy of one of the documents proving land use rights as regulated by land law;
c) Construction design drawings;
d) For construction works with adjacent constructions, a commitment to ensure safety for the adjacent constructions is required.
- The application for a construction permit for non-linear works includes:
a) Application form for a construction permit;
b) A copy of one of the documents proving land use rights as regulated by land law;
c) A copy of the project approval decision, investment decision;
d) Construction design drawings;
dd) A declaration of the capacity, experience of the design organization, individuals who are project managers, chief designers, together with copies of their professional practice certificates.
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Thus, the application for a new construction permit for a detached house includes:
- Application form for a construction permit, download here
- A copy of one of the documents proving land use rights as regulated by land law;
- Construction design drawings;
- For construction works with adjacent constructions, a commitment to ensure safety for the adjacent constructions is required.
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