Five types of projects and detached houses requiring construction permits in Vietnam from 2021

0Five types of projects and detached houses requiring construction permits in Vietnam from 2021 (Illustrative image)

According to the provisions in Clause 30 Article 1 of the Law on Construction 2020 Amended (amending and supplementing Article 89 of the Law on Construction 2014), the cases where construction works, detached houses in rural areas are exempt from construction permits in Vietnam include:

- Detached houses with a scale of fewer than 07 floors belonging to an urban construction investment project, residential construction investment project with a 1/500 detailed planning approved by the competent state agency;

- Level IV construction works, detached houses in rural areas with a scale of fewer than 07 floors and in areas without urban planning, functional area planning, or detailed planning for rural residential points approved by the competent state agency; except for cases of construction in conservation areas, historical-cultural sites.

- Level IV construction works, detached houses in mountainous areas, islands in areas without urban planning, functional area planning; except for construction works and detached houses in conservation areas, historical-cultural sites.

Thus, according to the above regulations, citizens or investors constructing works, detached houses in rural areas, if they fall into the aforementioned cases, are exempt from construction permits. Conversely, when constructing works, detached houses in rural areas in the following 06 cases, a construction permit is mandatory:

Firstly, detached houses with a scale of 07 floors or more under an urban construction investment project, residential construction investment project with a 1/500 detailed planning approved by the competent state agency.

Secondly, detached houses constructed in conservation areas.

Thirdly, detached houses constructed in historical-cultural sites.

Fourthly, Level IV construction works, detached houses in rural areas in areas with urban planning, functional area planning, or detailed planning for rural residential points.

Fifthly, Level IV construction works, detached houses in mountainous areas, islands in areas with urban planning, functional area planning.

Therefore, the construction works, detached houses in the above 05 cases must have a construction permit issued by the competent state agency according to the provisions of law. Additionally, to be granted a construction permit, the conditions specified in Article 93 of the Law on Construction 2014 must be met. To be specific:

- For detached houses in urban areas:

• Suitable for land use purposes according to the provisions of the land law and the architectural management regulations issued by the competent state agency;
• Ensuring safety for the construction work, adjacent works, and environmental protection requirements, fire and explosion prevention; ensuring the safety of technical infrastructure, protection corridors for irrigation works, dykes, energy, transportation, cultural heritage sites, historical-cultural sites; ensuring a safe distance to easily flammable, explosive, hazardous works and important works related to national defense and security;
• The design of detached houses construction is carried out in accordance with Clause 7, Article 79 of this Law;
• Dossier requesting the issuance of a construction permit as prescribed;
• At the same time, for detached houses in stabilized urban areas or streets without detailed planning, it must comply with the architectural management regulations or urban design issued by the competent state agency.

- For detached houses in rural areas: detached houses in rural areas when constructed must comply with the detailed planning for rural residential points.

Ty Na

>> CLICK HERE TO READ THIS ARTICLE IN VIETNAMESE