05 Things You Need to Know About the Construction Permit

The following article from Thu Ky Luat highlights five important aspects regarding Construction Permits for our esteemed members. Specifically: as follows:

1. Types of Construction Permits

Currently, the construction permits (GPXD) are divided into two types: term-specific permits issued for buildings or individual houses that are intended for use within a certain period, and phased permits issued for each part of a project or each project building when the building design or project design has not been fully completed.

Furthermore, based on the nature of the construction work, the permits are categorized as follows: new construction permits, repair/renovation permits, and relocation permits.

2. Construction must commence within 12 months from the date of issuance of the permit

This provision is based on Clause 10, Article 90 of the Construction Law 2014.

3. Revocation of permits if construction deviates from the permit without rectification within the stipulated timeframe

If the permit is not surrendered within 10 days from the date of the revocation decision by the investor, the permit will be annulled.

4. Unauthorized or improper construction may result in fines up to 50 million VND and mandatory dismantling

This provision is based on Article 15 of Decree 139/2017/ND-CP.

5. Ten cases in which construction permits are exempted

Including:

- State secret buildings, emergency command constructed buildings, and buildings located across two or more provincial-level administrative units;- Projects under Prime Ministerial, Ministerial, agency head, or People’s Committee investment decisions;- Temporary structures serving the construction of main projects;- Projects along planned routes outside urban areas approved or agreed upon by competent authorities;- Projects within industrial zones, export processing zones, high-tech zones with 1/500 detailed planning approved and design appraised according to this law;- Residential projects within urban development or housing projects smaller than 7 stories with a total floor area under 500 m2 with approved 1/500 detailed planning;- Structures for interior repair, renovation, and equipment installation without altering load-bearing structure, utility, environmental impact, or safety;- Structures altering exterior architecture not facing urban streets with architectural management requirements;- Rural infrastructure projects requiring only economic-technical report and located in unplanned rural residential areas;- Rural structures in areas with no urban development plans or approved detailed plans; individual houses in such areas, except for those in conservation zones or historical-cultural sites.

More details can be found in Clause 2, Article 89 of the Construction Law 2014.

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