Application for issuance of a construction permit by stages in Vietnam

Application for issuance of a construction permit by stages in Vietnam (Internet image)

Regarding this issue, LawNet would like to answer as follows:

1. General provisions on application for issuance of construction permit in Vietnam

According to Article 42 of Decree 15/2021/ND-CP, general provisions on application for issuance of construction permit include:

- 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 Decree 15/2021/ND-CP.

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

2. Application for issuance of a construction permit by stages in Vietnam

According to Article 44 of Decree 15/2021/ND-CP, application for issuance of a construction permit by stages is as follows:

(1) For works not built by routes:

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

Application form for issuance of construction permit

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

- Required documents specified in point c clause 1 Article 43 of Decree 15/2021/ND-CP;

+ 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 design drawings in construction design documents following the basic design approved in accordance with the construction law corresponding to the stage for which a construction permit is sought as specified at Point d, Clause 1, Article 43 of Decree 15/2021/ND-CP.

(2) For works built by routes:

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

- One in written proofs of land use rights as prescribed in legislation on land or an approval of the competent authority on location and route plan or a land expropriation decision of the competent authority with respect to a part of land executed by stages or the land for the entire project as per the land law;

- Required documents specified in point c clause 1 Article 43 of Decree 15/2021/ND-CP;

- 02 sets of construction design drawings in construction design documents following the basic design approved in accordance with the construction law corresponding to the stage for which a construction permit is sought as specified at Point d, Clause 2, Article 43 of Decree 15/2021/ND-CP.

3. Requirements for issuance of construction permit in Vietnam

Requirements for issuance of construction permit specified in Article 41 of Decree 15/2021/ND-CP are satisfied, specifically as follows:

- Requirements for issuance of a construction permit shall comply with Article 91, Article 92, Article 93 and Article 94 of the Law on Construction 2014 (amended in 2020)

- 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.

- As for a work with great impact on community safety and benefits which requires assessment as prescribed in clause 6 Article 82 of the Law on Construction 2014 (amended in 2020), an assessment report, in addition to the investor's own requirements, must have a conclusion specifying that the construction design documents meet the construction safety requirements and comply with technical standards and regulations.

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