Summary of 10 forms of construction permits and their granting conditions in Vietnam

Summary of 10 forms of construction permits and their granting conditions in Vietnam (Internet image)

Regarding this issue, LawNet would like to answer as follows:

1. Requirements for issuance of construction permit in Vietnam

According to Article 41 of Decree 15/2021/ND-CP, requirements for issuance of construction permit are prescribed as follows:

- Requirements for issuance of a construction permit shall comply with Article 91, Article 92, Article 93 and Article 94 of the Law on Construction 2014, amended in the Law on Architecture 2019 and the Law No. 62/2020/QH14.

- For areas without urban planning, construction planning for functional areas or detailed construction planning for rural residential area, a planning which is of technical nature, relevant fields or regulations on architectural management or a document of a competent authority approving the location and layout drawing (for works not built by routes outside urban areas) is the basis for consideration of granting a construction permit.

- As for a work under a construction project that does not require formulation of a detailed construction planning according to the provisions of law on plannings, a work of a construction project implemented by a corporate investor with the scale of less than 05 hectares (less than 02 hectares for a project to build condominiums), a zoning planning is the basis to consider granting a construction permit.

- As for a work with great impact on community safety and benefits which requires assessment as prescribed in clause 6 Article 82 of the Law on Construction 2014, amended in the Law on Architecture 2019 and the Law No. 62/2020/QH14, an assessment report, in addition to the investor's own requirements, must have a conclusion specifying that the construction design documents meet the construction safety requirements and comply with technical standards and regulations.

2. General provisions on application for issuance of construction permit in Vietnam

Pursuant to Article 42 of Decree 15/2021/ND-CP, general provisions on application for issuance of construction permitt include:

- An application for issuance of a construction license shall be sent in person to the licensing agency or via the online public service system according to regulations.

- Documents and design drawings in an application for issuance of construction license are originals or certified copies or electronic copies.

- Construction design drawings in an application for issuance of construction license must comply with regulations on format of construction design documents according to Article 33 of Decree 15/2021/ND-CP.

- When submitting the application in the form of electronic copies, the investor only needs to submit 1 set of construction design drawings.

3. Summary of 10 forms of construction permits in Vietnam

Forms of construction permits issued together with Nghị định 15/2021/NĐ-CP, include:

- Form No. 03: Construction permit (Used for non-linear works);

Form No. 03

- Form No. 04: Construction permit (Used for underground works);

Form No. 04

- Form No. 05: Construction permit (Used for line works);

Form No. 05

- Form No. 06: Construction permit (Use phased grade of non-linear works);

Form No. 06

- Form No. 07: Construction permit (Use level by phase of works by line);

Form No. 07

- Form No. 08: Construction permit (Use grant for project);

Form No. 08

- Form No. 09: Construction permit (Used for individual housing);

Form No. 09

- Form No. 10: License to repair and renovate works;

Form No. 10

- Form No. 11: Work relocation permit;

Form No. 11

- Form No. 12: Construction permit with definite term (Used for works, individual houses).

Form No. 12

Nguyễn Như Mai

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