Construction permits with a definite term are granted for the construction of works or separate houses to be used within a certain period. The question is, in case the house is under construction but the construction permit expires, is it mandatory to apply for an extension of construction permit in accordance with Vietnam’s regulations?
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In fact, in many cases, separate works and houses have been licensed for construction, but for some reason, the construction cannot be carried out, in cases where there are conditions to proceed with construction but the construction permits are not completed. When the construction is about to expire, how should the investor and the owner of the work handle it?
Regarding this issue, according to Clause 3 Article 99 of the Construction Law 2014 of Vietnam, for works or separate houses for which construction permits with definite terms have been granted, at the end of the existence duration written in the permits, if the plan has not been implemented yet, owners or assigned users of the works may request the construction licensing agency to consider extending the existence duration until the plan is implemented. The existence duration of a work shall be written in its granted construction permit with a definite term.
Note: A construction permit may be extended no more than twice, with each extension not exceeding 12 months. At the end of the extension period, if failing to commence construction, the project owner shall submit a new dossier of application for a construction permit.
Thus, in case the construction permit is expired, the investor requests for extension, the permit-issuing agency will consider whether to approve the extension or not.
Procedures for requesting the extension of a construction permit are carried out as follows:
Step 1: Prepare the dossier
A dossier of request for extension of a construction permit must comprise:
- A written request for extension of a construction permit;
- The granted original construction permit.
DOWNLOAD: Request for extension of a construction permit
Step 2: Submit the dossier
The investor shall submit 02 sets of application for construction permit extension to the competent authority, determined as follows:
- District-level People’s Committees: for grade-III and grade-IV works and detached houses in the territories under their management.
- Provincial-level People’s Committees: for construction works requiring construction permits in their provinces, except construction works under the management of District-level People’s Committees.
Step 3: Review dossier
Within 05 working days from the date of receipt of complete and valid dossiers, the agency competent to issue construction permits shall consider extending the construction permit.
Step 4: Receive result and pay fee
- The investor receives the construction permit with an extension stamp of the construction permit-granting authority at the place of receipt of the application by the time limit stated in the receipt.
- Fees for extension of construction permits will vary depending on the locality. Particularly in Ho Chi Minh City, the fee for extension of construction permits is VND 15,000/permit.
Legal basis:
- Article 99 of the Construction Law 2014;
- Clause 37 Article 1 of the Law on amendments to Construction Law 2020;
- Clause 2 Article 16 of the Circular No. 15/2016/TT-BXD;
- Clause 2 Article 1 of the Resolution No. 18/2017/NQ-HĐND.
Thuy Tram
