Definite-term construction permit is one of 04 types of construction permits officially recognized at the Law on amendments to Construction Law 2020. So according to this Law, what are the conditions and procedures for applying for this type of permit in Vietnam?
Article table of contents
First of all, LAWNET would like to clarify the definitions of construction permit and definite-term construction permit as follows:
- Construction permit: a legal document granted by a competent state agency to a project owner for construction, repair, renovation or relocation of a work. (Clause 17 Article 3 of the Construction Law 2014 of Vietnam)
- Definite-term construction permit: a definite period means a construction permit granted for construction of a work or separate house within a given duration under the plan for implementation of the construction master plan. (Clause 18 Article 3 of the Construction Law 2014 of Vietnam)
According to Clause 3 Article 89 of the Construction Law 2014 of Vietnam, construction permits include: new construction permit; repair and renovation permit; relocation permit. To amend this provision, the Law on amendments to Construction Law 2020 of Vietnam has supplemented definite-term construction permit to 04 types of construction permits in Vietnam from January 01, 2021.
Construction works must have a construction permit issued by a competent state agency to the investor, unless otherwise exempted. In case a construction work does not have a construction permit, it will be forced to demolish according to the Point d Clause 1 Article 118 of the Law on amendments to Construction Law 2020.
Conditions for granting definite-term construction permits:
(1) Conditions for granting definite-term construction permits can be viewed HERE.
(2) Procedures for applying for a definite-term construction permit:
A definite-term construction permit is granted according to the construction permitting process as follows:
Step 1: Submit dossier
The project owner shall submit 2 sets of dossiers of application for a construction permit to the agency competent to grant construction permits.
Step 2: Receipt of dossier
The agency competent to grant construction permits shall receive the dossier, check the dossier and write a receipt if the dossier is valid as prescribed or guide the project owner to complete the dossier if it fails to meet prescribed requirements.
Step 3: Appraisal of the dossier and conduct field inspection
Step 4: Request for opinions of state management agencies
Step 5: Consulted state management agencies reply
Step 6: Granting construction permit
Time limit: The time limit is within 30 days for granting definite-term construction permits. At the end of the time limit for the grant of a construction permit, if the agency competent to grant construction permits needs more time for examination, it shall notify in writing the reason to the project owner and at the same time report it to the direct management agency for consideration and direction, but within 10 days after the expiration of the time limit of 30 days.
Agencies competent for definite-term construction permit issuance:
- Provincial-level People’s Committees grant construction permits for construction works requiring construction permits in their provinces, except those under the management of district-level People’s Committees.
Provincial-level People’s Committees may decentralize powers to provincial-level Construction Departments, and management boards of industrial parks, export processing zones, hi-tech parks and economic zones and district-level People’s Committees to grant construction permits under the scope of management and functions of these agencies.
- District-level People’s Committees grant construction permits for grade-III and grade-IV works and detached houses in the territories under their management.
Thuy Tram
