Which works are exempt from construction permits in Vietnam? What are major contents of a construction permit in Vietnam?

Which works are exempt from construction permits in Vietnam?

Pursuant to Clause 2 Article 89 of the Law on Construction in 2014 (amended by Clause 30 Article 1 of the Law on amendments to the Law on Construction in 2020) stipulating 09 cases of exemption of construction permits in Vietnam:

[1] Works involving state secrets; works constructed under emergency orders;

[2] Works of projects using public investment funds in which the construction investment is decided by following entities:

- 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

- Chairpersons of People’s Committees at different levels;

[3] Makeshift construction works as prescribed in Article 131 of the Law on Construction in 2014;

[4] 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;

[5] Advertisement works not subject to construction permits as prescribed by the Law on advertisement;

- Passive telecom infrastructure works as prescribed by the Government;

[6] 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;

[7] 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;

[8] 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;

[9] 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;

Which works are exempt from construction permits in Vietnam? What are major contents of a construction permit in Vietnam? - image from internet

What are major contents of a construction permit in Vietnam?

Pursuant to Article 90 of the Law on Construction in 2014 stipulating major contents of a construction permit in Vietnam:

- Name of the work under the project.

- Name and address of project owner.

- Location and position for the work construction; the work construction line, for works built in lines.

- Type and grade of the work.

- Work construction level.

- Red-line and construction boundaries.

- Construction density (if any).

- Land use coefficient (if any).

- For civil works, industrial works and separate houses, their construction permits must also contain contents on total construction area, construction area of the first (ground) floor, number of stories (including basement, attic, technical story and staircase roof), and maximum elevation of the entire work.

- The deadline for construction commencement, which must be within 12 months from the date of grant of the construction permit.

What documents are included in the dossier of request for adjustment of a construction permit in Vietnam?

Pursuant to Clause 2 Article 98 of the Law on Construction in 2014, a dossier of request for adjustment of a construction permit must comprise:

- A written request for adjustment of a construction permit;

- The granted original construction permit;

- Design drawings related to the adjustment to the design permitted in the granted construction permit;

- A report on appraisal results and written approval of the adjusted design (except for separate houses) of the project owner, containing a content on assurance of force-bearing safety, fire and explosion prevention and fighting and environmental protection.

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