What are conditions for construction of separate houses in Vietnam?

What are conditions for construction of separate houses in Vietnam?

I am planning to build my own house, so I have learned some necessary procedures, but it is not clear what conditions need to be met to start building a separate house? Where is this issue regulated? Hope you can help.

(hung***@gmail.com)

Reply:

In Clause 2, Article 107 of the 2014 Construction Law, it is stipulated:

2. The commencement of construction of separate houses must meet only the condition prescribed at Point b, Clause 1 of this Article.

Specifically: in Article 89 of the 2014 Construction Law as amended by Clause 30, Article 1 of the revised Construction Law 2020, the subjects and types of construction permits are as follows:

1. Construction works required to have construction permits granted by competent state agencies to project owners in accordance with regulations laid down herein, except the cases prescribed in Clause 2 of this Article.

2. Cases in which construction permit is exempted:

a) Works involving state secrets; works constructed under emergency orders;

b) Works of projects using public investment funds in which the construction investment is decided by the Prime Minister, heads of central-level agencies of political organizations, People’s Supreme Procuracy, People’s Supreme Court, State Audit Office of Vietnam, Office of the President, the Office of the National Assembly, ministers, heads of ministerial-level agencies, Governmental agencies, central-level agencies of Vietnamese Fatherland Front and of socio-political organizations or chairpersons of People’s Committees at different levels;

c) Makeshift construction works as prescribed in Article 131 hereof;

d) Works undergoing repair or renovation of their interior parts or works undergoing repair or renovation of their external architecture not facing roads in urban centers subject to architectural management requirements of competent state agencies; such repair or renovation does not alter the functions and force-bearing structures of the works, and must be conformable with construction planning approved by competent state agencies and requirements on fire and explosion prevention and fighting, and environmental protection;

dd) Advertisement works not subject to construction permits as prescribed by the Law on advertisement; passive telecom infrastructure works as prescribed by the Government;

e) Construction works located in the territories of two or more provincial-level administrative units, works constructed in lines outside urban areas which conform to construction planning or detailed planning approved by competent state agencies;

g) Construction works of which results of appraisal of the construction design following the fundamental design have been notified by specialized construction agencies to meet conditions for approval and which meet requirements for construction permit prescribed by this Law;

h) Detached houses with under 07 stories of urban area construction investment projects or housing construction investment projects under detailed planning of 1:500 scale approved by competent state agencies;

i) Grade-IV construction works or detached houses with under 07 stories in rural areas without urban planning, function zone construction planning or detailed construction planning on rural residential points approved by competent state agencies; Grade-IV construction works or detached houses in mountainous areas or islands without urban planning or function zone construction planning, except detached houses built in conservation zones or historical and cultural relic zones;

k) Project owners of construction works prescribed in Points b, e, g, h and i of this Clause, except detached houses prescribed in Point i of this Clause, shall send written notices of the time of construction commencement and construction design dossiers to local construction management agencies.

3. Construction permits include:

a) New construction permit;

b) Repair and renovation permit;

c) Relocation permit;

d) Definite-term construction permit.

4. Works shall be granted stage-based construction permits after having construction designs following the fundamental design for each stage appraised and approved in accordance with regulations laid down herein.

5. For a construction investment project consisting of multiple works, construction permits may be granted for one, several or all of these works when they need to be implemented concurrently provided conditions and time limit for granting construction permit and project synchronism must be ensured.

What are regulations on issuance of construction permits of separate houses in urban areas in Vietnam?

Working in the ward, some households came to ask for advice on granting construction permits. I hope you can help me. What are regulations on issuance of construction permits of separate houses in urban areas in Vietnam? Look forward to receiving your feedback.

Reply:

Legal basis: Construction Law 2014.

General conditions:

- Being conformable with land use purposes according to approved land use master plans.

- 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.

- Households may design by themselves separate houses with a total construction floor area of under 250 m² or with fewer than three stories or a height of under 12 meters in accordance with approved construction master plans, and shall take responsibility before law for design quality, environmental impacts of construction works and safety of adjacent works.

Dossier of application for a license.

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.

Duration.

The construction permit is valid for a period of 12 months, renewable 2 times and each time is 12 months.

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Is it possible to build a house without a land use right certificate in Vietnam?

My family has just bought a piece of land in Bien Hoa - Dong Nai, has not been granted a certificate of land use right. Now we want to build a house, so the Editorial Board asked: Can the land that has not been granted a license be built for housing?

Reply:

According to Decision 2488/QD-TTg in 2015 of the Prime Minister, Bien Hoa is a grade 1 city directly under Dong Nai province. Therefore, when building individual houses in Dong Nai City, a construction permit must be obtained according to regulations.

Regarding this issue, there are provisions in Clause 1, Article 95 of the Law on Construction 2014.

1. A dossier of application for a new construction permit for a separate house must comprise:

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.

Thus, comparing with the above regulations in Vietnam, if your family's land in Bien Hoa_ Dong Nai has not been granted a certificate of land use right, it is not allowed to build a house, because if you build a house in Bien Hoa_Dong Nai must apply for a construction permit, but in the application for a construction permit, there must be a certificate of land use right. Therefore, without a land use right certificate, it is not possible to build a house.

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Best regards!