What documents are included in the application for issuance of a construction permit for detached house in 2024 in Vietnam?

What documents are included in the application for issuance of a construction permit for detached house in 2024 in Vietnam?

Pursuant to Article 46 of the Decree 15/2021/ND-CP stipulating application for issuance of a construction permit for detached house:

- An application form for issuance of construction permit.

- One in written proofs of land use rights as prescribed in legislation on land.

- 02 sets of construction design drawings, enclosed with the fire safety design appraisal certificates, together with the appraised drawings if required by the law on fire safety; report on the result of construction design assessment if required by law on construction, including:

+ Work plan on the land plot, enclosed with the work location diagram;

+ Floor plan, elevations and sections of the work;

+ Footing plan and sections enclosed with connection diagram of infrastructure outside the work including water supply and drainage, power supply;

+ For construction works with adjacent works, there must be a written commitment to ensure safety for the adjacent works.

What documents are included in the application for issuance of a construction permit for detached house in 2024 in Vietnam? - image from internet

Which agencies shall have competence to grant construction permits for houses in Vietnam?

Pursuant to Article 103 of the Law on Construction in 2014 (amended by Clause 37 Article 1 of the Law on amendments to the Law on Construction in 2020) stipulating competence to grant, adjust, extend, re-grant and withdraw construction permits:

Competence to grant, adjust, extend, re-grant and withdraw construction permits

2. Provincial-level People’s Committees grant construction permits for construction works requiring construction permits in their provinces, except those prescribed in Clause 3 of this Article. Provincial-level People’s Committees may decentralize powers to provincial-level Construction Departments, and management boards of industrial parks, export processing zones, hi-tech parks and economic zones and district-level People’s Committees to grant construction permits under the scope of management and functions of these agencies.

3. District-level People’s Committees grant construction permits for grade-III and grade-IV works and detached houses in the territories under their management.

4. Agencies competent to grant construction permits are competent to adjust, extend, re-grant and withdraw construction permits they have granted.

5. In case an agency competent to grant construction permits fails to withdraw a construction permit it has granted ultra vires, the provincial-level People’s Committee shall directly issue a decision to withdraw such construction permit.

As regulated above, following agencies have competence to grant construction permits for houses in Vietnam:

- Provincial-level People’s Committees grant construction permits for construction works requiring construction permits in their provinces, except those prescribed in Clause 3 of Article 103 of the Law on Construction in 2014.

- District-level People’s Committees grant construction permits for grade-III and grade-IV works and detached houses in the territories under their management.

Is it possible to extend construction permits in Vietnam?

Pursuant to Article 99 of the Law on Construction in 2014 stipulating extension of construction permits:

Extension of construction permits

1. Before the expiration of the construction permit for construction commencement, if the construction of the work has not commenced yet, the project owner shall make a request for extension of the construction permit. A construction permit may be extended no more than twice, with each extension not exceeding 12 months. At the end of the extension period, if failing to commence construction, the project owner shall submit a new dossier of application for a construction permit.

2. A dossier of request for extension of a construction permit must comprise:

a/ A written request for extension of a construction permit;

b/ The granted original construction permit.

3. For works or separate houses for which construction permits with definite terms have been granted, at the end of the existence duration written in the permits, if the plan has not been implemented yet, owners or assigned users of the works may request the construction licensing agency to consider extending the existence duration until the plan is implemented. The existence duration of a work shall be written in its granted construction permit with a definite term.

As regulated above, a construction permit may be extended no more than twice, with each extension not exceeding 12 months.

At the end of the extension period, if failing to commence construction, the project owner shall submit a new dossier of application for a construction permit.

Note: For works or separate houses for which construction permits with definite terms have been granted, at the end of the existence duration written in the permits, if the plan has not been implemented yet, owners or assigned users of the works may request the construction licensing agency to consider extending the existence duration until the plan is implemented.

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