Application for construction permits for separate house: Notable regulations from March 3, 2021 in Vietnam

Application for construction permits for separate house: Notable regulations from March 3, 2021 in Vietnam

1. Conditions for granting construction permits for separate house in urban areas in Vietnam

(1) Conditions for granting construction permits for separate house in urban areas include:

- Being conformable with land use purposes according to regulations of the law on land and regulations on the management of architecture promulgated by competent state agencies.

- 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.

- Construction designs of separate houses must comply with the provisions in Clause 7, Article 79 of the Law on Construction 2014, specifically:

+ Construction designs of separate houses must meet design requirements, technical regulations, legal provisions on use of building materials, meeting requirements on utilities and applied technologies (if any); ensuring force-bearing safety, safety in use, artistic appearance, environmental protection, response to climate change, fire and explosion prevention and fighting, and other safety conditions.

+ Households may design by themselves separate houses with a total construction floor area of under 250 m2 or with fewer than three stories or a height of under 12 meters in accordance with approved construction master plans, and shall take responsibility before law for design quality, environmental impacts of construction works and safety of adjacent works.

- Application for a construction permit according to regulations.

(2) For separate houses in urban areas, they must be met the conditions in section (1) and in line with approved construction detailed master plans. For construction works located in stable areas or street routes in urban centers which have no detailed construction master plan yet, they must be in line with regulations on management of planning, urban architecture or urban designs promulgated by competent state agencies.

(3) Separate houses in rural areas, when constructed, must conform with detailed construction master plans for rural residential points.

Note:

- For areas without urban planning, construction planning for functional areas or detailed construction planning for rural residential area, a planning which is of technical nature, relevant fields or regulations on architectural management or a document of a competent authority approving the location and layout drawing (for works not built by routes outside urban areas) is the basis for consideration of granting a construction permit.

- As for a work under a construction project that does not require formulation of a detailed construction planning according to the provisions of law on plannings, a work of a construction project implemented by a corporate investor with the scale of less than 05 hectares (less than 02 hectares for a project to build condominiums), a zoning planning is the basis to consider granting a construction permit.

2. Application for issuance of a construction permit for detached house in Vietnam

According to the provisions of Article 46 of Decree 15/2021/ND-CP, application for issuance of a construction permit for detached house includes:

(1) An application form for issuance of construction permit No. 01 of Appendix II hereto.

(2) One in written proofs of land use rights as prescribed in legislation on land.

(3) 02 sets of construction design drawings, enclosed with the fire safety design appraisal certificates, together with the appraised drawings if required by the law on fire safety; report on the result of construction design assessment if required by law on construction, including:

- Work plan on the land plot, enclosed with the work location diagram;

- Floor plan, elevations and sections of the work;

- Footing plan and sections enclosed with connection diagram of infrastructure outside the work including water supply and drainage, power supply;

- For construction works with adjacent works, there must be a written commitment to ensure safety for the adjacent works.

(4) Based on the actual circumstances in the locality and item (3), the People's Committee of province shall publish the design drawing templates for households and individuals to refer to when making their own construction design according to the provisions at Point b Clause 7 Article 79 of the Law on Construction 2014.

3. Notable regulations on application for issuance of construction permit in Vietnam

- An application for issuance of a construction license shall be sent in person to the licensing agency or via the online public service system according to regulations.

- Documents and design drawings in an application for issuance of construction license are originals or certified copies or electronic copies.

- Construction design drawings in an application for issuance of construction license must comply with regulations on format of construction design documents according to Article 33 of this Decree.

- When submitting the application in the form of electronic copies, the investor only needs to submit 1 set of construction design drawings.

Details can be found in: Decree 15/2021/ND-CP takes effect from March 3, 2021, replacing Decree 59/2015/ND-CP and Decree 42/2017/ND-CP.

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