What is the definite-term construction permit according to the law in Vietnam? What are conditions for granting definite-term construction permits in Vietnam?

What is the definite-term construction permit according to the law in Vietnam?

Pursuant to Clause 18 Article 3 of the Law on Construction in 2014 stipulating the definite-term construction permit:

A definite-term construction permit 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.

What is the definite-term construction permit according to the law in Vietnam? What are conditions for granting definite-term construction permits in Vietnam? - image from internet

What are conditions for granting definite-term construction permits for detached houses in Vietnam?

Pursuant to Article 94 of the Law on Construction in 2014 (amended by Clause 33 Article 1 of the Law on amendments to the Law on Construction in 2020) stipulating conditions for granting definite-term construction permits:

Conditions for granting definite-term construction permits

1. General conditions for granting definite-term construction permits:

...

2. Works to be granted definite-term construction permits must meet the conditions prescribed in Clause 1 of this Article and the conditions prescribed in Clauses 3, 4 and 5 Article 91 of this Law.

3. Detached houses to be granted definite-term construction permits must meet the conditions prescribed in Clause 1 of this Article and the conditions prescribed in Points b, c and d Clause 1 Article 93 of this Law.

As regulated above, conditions for granting definite-term construction permits for detached houses are as follows:

- The construction works are located in areas with construction zone planning, sub-zone planning for construction of function zones or detailed planning or detailed planning for construction of function zones approved and announced by competent state agencies but not yet implemented, for which there are no land appropriation decisions of competent state agencies;

- The construction works are suitable to the size of works prescribed by provincial-level People’s Committees for each area and the existence duration of works according to plans for implementation of construction zone planning, sub-zone planning for construction of function zones or detailed planning or detailed planning for construction of function zones approved by competent state agencies;

- The construction work is conformable with land use purposes defined in lawful documents on land of the applicant for definite-term construction permit;

- Upon expiry of the existence duration stated in the definite-term construction permit and issuance of land appropriation decision by a competent state agency, the project owner shall undertake to demolish the works; if the project owner fails to demolish the works, the demolition shall be coerced and the project owner shall bear all demolition costs.

After this period, if the construction planning is still not yet implemented, the project owner is allowed to use the construction work until a land appropriation decision is issued by competent state agency. The demolition shall be assisted in accordance with provisions of the Law on land.

- 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;

- Having their construction designs in accordance with the law;

- Having dossiers of application for construction in accordance with the law.

Note: 

- For separate houses that are granted construction permits with definite terms, if, at the end of the terms, the plan for implementation of the construction plan has not been implemented, the agency that has granted construction permits shall inform owners or assigned users of the works of the adjustment of the construction plan and extend their construction permits with definite terms.

- For detached houses which district-level annual land use plans have been issued, no new definite-term construction permits but only definite-term construction permits for repair or renovation shall be granted.

Is it possible to extend the construction permit with a definite period for the plan, which is implemented 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, 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.

In cases where the implemented planning is being carried out, individual construction works or houses with expired duration stated in the construction permit will not be allowed to be extended.

Best regards!