Application for issuance of construction permits in case of new construction in Vietnam

Application for issuance of construction permits in case of new construction in Vietnam (Internet image)

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

1. What is construction permit?

According to Clause 17, Article 3 of the Construction Law 2014, 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.

2. Application for issuance of construction permits in case of new construction in Vietnam

Application for issuance of construction permits in case of new construction in Vietnam according to Article 43 of Decree 15/2021/ND-CP, specifically as follows:

(1) For works not built by routes:

- An application form for issuance of construction permit No. 01 of Appendix II 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;

- 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 drawings in the construction design documents following the basic design approved in accordance with the construction law, including:

+ Master plan of the project, site plan showing the location of the work;

+ Architectural drawings of primary plans, elevations and sections of the works;

+ Footing plans and sections;

+ Drawings reflecting structural solutions of the work;

+ Site plan linked with outside infrastructure.

(2) For works built by routes:

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

Application form for issuance of construction permit

- 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 as per the land law;

- Documents specified in point c clause 1 of Decree 15/2021/ND-CP;

- 02 sets of construction drawings in the construction design documents following the basic design approved in accordance with the construction law, including:

+ Diagram of route of works;

+ Master plan of the project or topographical plan;

+ Primary longitudinal sections and cross sections of the route of the work;

+ Footing plans and sections;

+ Drawings reflecting structural solutions of the work;

+ Site plan linked with outside infrastructure.

(3) For works of belief or religion:

- An application for a construction permit for religious works includes documents as prescribed in (1) and a written approval of the need to build and work size of the authority in charge of belief and religion affiliated to the People's Committee of the province;

- An application for a construction permit for belief works includes the documents specified in Article 46 of Decree 15/2021/ND-CP and opinions of the authority in charge of belief and religion affiliated to the People's Committee of the province (if regulated by the law on belief and religion);

A report on the result of construction design assessment for religious works with great impact on community safety and benefits;

- As for an application for the construction permit of works of belief or religion under a project on preservation, restoration and restoration of historical - cultural relics, scenic beauties, in addition to the prescribed documents in Points a and b of Clause 3 of Article 43 of Decree 15/2021/ND-CP, documents on the necessity to build and work size of cultural authority must be added in accordance with the law on cultural heritage.

(4) Monuments, murals:

An application for a construction permit includes documents as prescribed in (1) and a written approval of the need to build and work size of the cultural authority.

(5) For advertising works: Comply with the law on advertising.

(6) For works of diplomatic missions and international organizations:

Applications for construction permits for works of diplomatic missions, international organizations and foreign agencies investing in Vietnam shall comply with the respective provisions in (1) and (2) and the provisions of agreements signed with the Government of Vietnam.

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