Which types of construction require a construction permit in Vietnam?

Which types of construction require a construction permit in Vietnam? (Source: internet)

1. What is a construction permit?

Construction permit means a legal document granted by a competent state agency to a project owner for construction, repair, renovation or relocation of a work.

Construction permits include:

- New construction permit;

- Repair and renovation permit;

- Relocation permit.

2. Which types of work must have a construction permit in Vietnam?

Construction work must have a construction permit issued by a competent state agency to the investor, except for the cases where construction permits are exempted in Section (3).

3. Exemptions from construction permits in Vietnam

Works exempted from construction permit include:

- Works involving state secrets, works constructed under emergency orders and works located in the territories of two or more provincial-level administrative units;

- Works of construction investment projects in which investment is decided by the Prime Minister, ministers, heads of ministerial-level agencies or chairpersons of People’s Committees at different levels;

- Makeshift construction works to serve the construction of main works;

- Works constructed in lines outside urban areas which conform to construction master plans approved by competent state agencies or in lines of which the direction has been approved by competent state agencies;

- Construction works of projects on industrial parks, export processing zones or hi- tech parks with detailed 1:500-scale plans already approved by competent state agencies and construction designs already appraised in accordance with this Law;

- Houses of urban development projects or housing development projects with under 7 stories and a total floor area of under 500 m2 and detailed 1:500-scale plans already approved by competent state agencies;

- Works undergoing repair, renovation or installation of interior equipment which does not alter their force-bearing structure and utilities and affect the environment and safety of these works;

- Works undergoing repair and renovation to alter their external architecture not facing roads in urban centers subject to architecture management requirements;

- Technical infrastructure works in rural areas for which only construction investment economic-technical reports are required and in areas without approved detailed construction plans on rural residential points;

- Construction works in rural areas without approved urban development plans and detailed construction plans; separate houses in rural areas, except separate houses built in conservation zones or historical and cultural relic zones;

- Project owners of works exempted from construction permit prescribed at Points b, d, dd and i of this Clause shall send written notices of the time of construction commencement enclosed with construction design dossiers to local construction management agencies for monitoring and filing in Vietnam

(Article 89 of the Construction Law 2014, as amended by Clause 30, Article 1 of the amended Construction Law 2020)

Diem My

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