Supplementing 03 cases in which construction permit is exempted in Vietnam from 2021

According to Clause 30 Article 1 of the Law on Amendments to Construction Law 2020 of Vietnam, cases in which construction permit is exempted:

1. Works involving state secrets; works constructed under emergency orders;

2. Works of projects using public investment funds in which the construction investment is decided by the Prime Minister, heads of central-level agencies of political organizations, People’s Supreme Procuracy, People’s Supreme Court, State Audit Office of Vietnam, Office of the President, the Office of the National Assembly, ministers, heads of ministerial-level agencies, Governmental agencies, central-level agencies of Vietnamese Fatherland Front and of socio-political organizations or chairpersons of People’s Committees at different levels;

3. Makeshift construction works as prescribed in Article 131 hereof;

4. Works undergoing repair or renovation of their interior parts or works undergoing repair or renovation of their external architecture not facing roads in urban centers subject to architectural management requirements of competent state agencies; such repair or renovation does not alter the functions and force-bearing structures of the works, and must be conformable with construction planning approved by competent state agencies and requirements on fire and explosion prevention and fighting, and environmental protection;

5. Advertisement works not subject to construction permits as prescribed by the Law on advertisement; passive telecom infrastructure works as prescribed by the Government;

6. Construction works located in the territories of two or more provincial-level administrative units, works constructed in lines outside urban areas which conform to construction planning or detailed planning approved by competent state agencies;

7. Construction works of which results of appraisal of the construction design following the fundamental design have been notified by specialized construction agencies to meet conditions for approval and which meet requirements for construction permit prescribed by this Law;

8. Detached houses with under 07 stories of urban area construction investment projects or housing construction investment projects under detailed planning of 1:500 scale approved by competent state agencies;

9. Grade-IV construction works or detached houses with under 07 stories in rural areas without urban planning, function zone construction planning or detailed construction planning on rural residential points approved by competent state agencies; Grade-IV construction works or detached houses in mountainous areas or islands without urban planning or function zone construction planning, except detached houses built in conservation zones or historical and cultural relic zones;

Note: Project owners of construction works prescribed in Points 2, 6, 7, 8 and 9 (except detached houses) shall send written notices of the time of construction commencement and construction design dossiers to local construction management agencies.

In comparison with provision of Clause 2 Article 89 of the Construction Law 2014 of Vietnam on works exempted from construction permit, from January 01, 2021, there are 03 more cases of detached houses exempted from construction permit, including:

(1) Detached houses with under 07 stories of urban area construction investment projects or housing construction investment projects under detailed planning of 1:500 scale approved by competent state agencies;

(2) Detached houses with under 07 stories in rural areas without urban planning, function zone construction planning or detailed construction planning on rural residential points approved by competent state agencies; except detached houses built in conservation zones or historical and cultural relic zones;

(3) Detached houses in mountainous areas or islands without urban planning or function zone construction planning, except detached houses built in conservation zones or historical and cultural relic zones.

It can be seen that the Law on Amendments to Construction Law 2020 of Vietnam has supplemented 03 cases in which construction permit is exempted. For detached houses construction works that do not fall into the above cases, a construction permit issued by a competent state agency must be obtained in accordance with law.

Thuy Tram

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