Conditions for granting definite-term construction permits in accordance with new Law of Vietnam

Provision on conditions for granting definite-term construction permits is one of the important contents amended and supplemented at the Law on amendments to Construction Law 2020 of Vietnam, officially effective from January 01, 2021.

xin giấy phép xây dựng, Luật Xây dựng sửa đổi 2020

Conditions for granting definite-term construction permits are specified in Article 94 of the Construction Law 2014 of Vietnam (amended by Clause 33 Article 1 of the Law on amendments to Construction Law 2020) as follows:

1. General conditions

General conditions for granting definite-term construction permits:

- 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; (new provision)

- 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.

2. Particular conditions

** Regarding construction work:

A construction work that is granted a construction permit with a definite term must, in addition to the general conditions, also satisfy the following conditions:

- 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 appraised and approved under Article 82 of the Construction Law 2014 of Vietnam.

- Having dossiers of application for construction permits suitable to each type of construction permit prescribed in Articles 95, 96 and 97 of the Construction Law 2014 of Vietnam.

** Regarding detached houses:

A detached house that is granted a construction permit with a definite term must meet the general conditions and must also meet the following conditions:

- 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 made under Clause 7, Article 79 of the Construction Law 2014 of Vietnam;

- Having dossiers of application for construction made under Clause 1, Article 95, and Articles 96 and 97 of the Construction Law 2014 of Vietnam.

The licensing agency and the investor who is granted a construction permit with a definite term should pay attention to the following issues:

(1) In case that the implementation plan is extended under the adjusted construction planning, the agency that has granted the construction permit shall make notification of extension of existence duration of the works. If the project owner wants to build a new construction, repair or renovation works, the definite-term construction permit to be issued shall have the term in line with the duration stated in the adjusted construction planning.

(2) For construction works and detached houses which 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 and for 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.

After 03 years from the date of announcement of a district-level annual land use plan, if a competent state agency issues no land appropriation decision or gives no approval for change of land use purposes according to the published district-level annual land use plan but fails to adjust or abrogate the district-level annual land use plan, or fails to publish the adjustment or abrogation of the district-level annual land use plan, land users may apply for definite-term construction permits.

Thuy Tram

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