Application documents for building permits for new construction cases in Vietnam as of March 3, 2021

Recently, the Government of Vietnam issued Decree 15/2021/ND-CP which provides detailed regulations on some aspects of project management for investment in construction in Vietnam.

 Application documents for building permits (For contractors who are organizations)

Under this decree, the Government has provided detailed guidance on the application documents for building permits for new construction cases applied from March 3, 2021 in Vietnam, specifically as follows:

(1) For works not built by routes:

- An application form for issuance of construction permit Form No. 01 of Appendix II to Decree 15/2021/ND-CP;

- A copy of one in written proofs of land use rights as prescribed in legislation on land;

- Project approval decision; the written notice of appraisal result of the construction authority and the basic design drawing documents enclosed with a certification stamp (if any); report on construction design assessment result according to the provisions of Clause 4, Article 41 of Decree 15/2021/ND-CP; certificate of fire safety design appraisal and approved documents and drawings enclosed as per the law on fire safety; result of environmental protection in accordance with the law on environmental protection in case of failure to appraise the feasibility study report at the construction authority;

- 02 sets of construction drawings in the construction design documents following the basic design approved in accordance with the construction law, including a master plan of the project, a site plan showing the location of the work; architectural drawings of primary plans, elevations, and sections of the works; footing plans and sections; drawings reflecting structural solutions of the work; site plan linked with outside infrastructure.

(2) For works built by routes:

- An application form for issuance of construction permit No. 01 of Appendix II to Decree 15/2021/ND-CP;

- 01 in written proof of land use rights as prescribed in legislation on land or approval of the competent authority on location and route plan or a land expropriation decision of the competent authority as per the land law;

- Documents specified in point c clause 1 of Decree 15/2021/ND-CP;

- 02 sets of construction drawings in the construction design documents following the basic design approved in accordance with the construction law, including a diagram of the route of works; master plan of the project or topographical plan, primary longitudinal sections, and cross sections of the route of the work; footing plans and sections; drawings reflecting structural solutions of the work; site plan linked with outside infrastructure.

(3) For works of belief or religion:

- An application for a construction permit for religious works includes documents as prescribed in Clause (1) and written approval of the need to build and work size of the authority in charge of belief and religion affiliated to the People's Committee of the province;

- An application for a construction permit for belief works includes the documents specified in Article 46 of Decree 15/2021/ND-CP and opinions of the authority in charge of belief and religion affiliated with the People's Committee of the province (if regulated by the law on belief and religion); a report on the result of construction design assessment for religious works with great impact on community safety and benefits;

- As for an application for the construction permit of works of belief or religion under a project on preservation, restoration, and restoration of historical-cultural relics, and scenic beauties, in addition to the prescribed documents, documents on the necessity to build and work size of cultural authority must be added in accordance with the law on cultural heritage.

(4) Monuments, murals:

An application for a construction permit includes documents as prescribed in Clause (1) and written approval of the need to build and work size of the cultural authority.

(5) For advertising works:

Comply with the law on advertising.

(6) For works of diplomatic missions and international organizations:

Applications for construction permits for works of diplomatic missions, international organizations, and foreign agencies investing in Vietnam shall comply with the respective provisions in Clause (1) and (2) and the provisions of agreements signed with the Government of Vietnam.

Some general notes on the application for a building permit:

- The application for a building permit is sent directly to the competent authority for issuance or through the online public service portal as prescribed.

- The documents, papers, and design drawings in the application for a building permit are originals, certified copies, or electronic copies.

- The construction design drawings in the application for a building permit must comply with the regulations on the specifications of the construction design under Article 33 of Decree 15/2021/ND-CP.

- When submitting the documents in the form of an electronic copy, the investor only needs to submit 01 set of construction design drawings.

For more details, please refer to Decree 15/2021/ND-CP, which came into effect on March 3, 2021, replacing Decree 59/2015/ND-CP and Decree 42/2017/ND-CP.

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