New regulations on conditions for issuing construction permits in Vietnam from December 30, 2024

New regulations on conditions for issuing construction permits in Vietnam from December 30, 2024​ (Image from the Internet)

On December 30, 2024, the Government of Vietnam issued Decree 175/2024/ND-CP guiding the Construction Law 2014 (amended 2020) on managing construction activities.

New regulations on conditions for issuing construction permits in Vietnam from December 30, 2024

According to the provision in Article 50 of Decree 175/2024/ND-CP, the conditions for issuing construction permits are as follows:

- The conditions for issuing construction permits for specific cases are prescribed in Articles 91, 92, 93, and Article 94 of the Construction Law 2014 (amended 2020) and are amended, supplemented according to provisions of the Architecture Law 2019.

- Types of planning used as a basis for formulating construction investment projects according to the provisions of Clause 2, Article 13 of Decree 175/2024/ND-CP serve as the foundation for considering the issuing of construction permits.

- Documents from competent state agencies as stipulated in Clause 1, Article 92 of the Construction Law 2014 (amended 2020) are one of the following types of documents:

+ Decision approving detailed abbreviated planning and overall ground plan, architectural plan of works in the dossier of detailed abbreviated planning project already approved;

+ Decision approving the detailed planning of the functional area and the General Ground Plan of Land Use and accompanying maps, drawings in the dossier of the detailed planning project of the functional area already approved;

+ Decision approving the detailed planning of rural residential areas and accompanying maps, drawings in the dossier of the detailed planning project of rural residential areas already approved;

+ Document of approval regarding the location, route direction, and overall ground of the project according to relevant legal provisions. The approval regarding the location, route direction, and overall ground of the project is carried out according to the provision in Clause 5, Article 121 of Decree 175/2024/ND-CP;

+ Decision approving the Scheme for ecosystem tourism, leisure, entertainment of the forest area and maps, drawings accompanying the Scheme. Projects involving ecosystem tourism, leisure, and entertainment in the forest are implemented under the forest environment lease according to forestry law regulations.

- For construction works having a significant impact on safety, community interests, requiring appraisal as stipulated in Clause 6, Article 82 of the Construction Law 2014 amended and supplemented at Clause 24, Article 1 of Construction Law Amendment 2020, the appraisal report, besides specific requests of the investor, must conclude meeting safety requirements of the works, compliance with standards, technical regulations of construction design dossier.

General provisions on the dossier for applying construction permits in Vietnam

The dossier for applying construction permits is specifically stipulated in Article 54 of Decree 175/2024/ND-CP as follows:

- The principle of executing the procedure for issuing construction permits is implemented according to the provision in Article 7 of Decree 175/2024/ND-CP.

- Documents, papers, and design drawings in the dossier for applying for construction permits must be the original or certified copies or legally valid electronic copies.

- The construction design drawings in the dossier for applying for construction permits must comply with the specifications of the construction design dossier according to Article 37 of Decree 175/2024/ND-CP.

- When submitting the dossier in electronic copy form, the investor only needs to submit 01 set of complete components as per the provisions in Articles 55, 56, 57, 58, 59, and 60 of Decree 175/2024/ND-CP.

Refer to more details in the Decree 175/2024/ND-CP effective from December 30, 2024.

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