Cases of adjustment of construction permits in Vietnam

Cases of adjustment of construction permits in Vietnam (Internet image)

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

1. Cases of adjustment of construction permits in Vietnam

According to Clause 1, Article 98 of the Construction Law 2014, in the course of construction, if there are adjustments to the design resulting in changes in one of the following contents, project owners shall request adjustment of construction permits:

- Change of the external architecture of the work, for works in urban centers or areas subject to architecture management requirements;

- Change of one of the following factors: construction location and area; size, height and number of stories of the work and other factors affecting its main force-bearing structure;

- Adjustment of the interior design of the work resulting in a change of its utility and affecting safety, fire and explosion prevention and fighting or environmental protection.

2. Application for modification to construction permit in Vietnam

Pursuant to Clause 2, Article 51 of Decree 15/2021/ND-CP, application for modification to construction permit includes:

- An application form for modification to construction permit No. 02 of Appendix II to Decree 15/2021/ND-CP;

Form No. 02

- An original of the issued construction permit;

- 02 sets of construction design drawings in adjusted construction design documents following the basic design approved in accordance with the relevant construction law as prescribed in Article 43, Article 44, Article 45, Article 46 or Article 47 of Decree 15/2021/ND-CP;

- A report on appraisal results and approved adjusted construction design (except for detached houses) of the investor, which must contain the content about load-bearing safety, fire safety, environmental protection.

3. Prohibited acts in the construction sector in Vietnam

According to Article 12 of the Construction Law 2014, prohibited acts in the construction sector in Vietnam include:

- Deciding on construction investment in contravention of the Construction Law 2014.

- Starting construction when the conditions therefor prescribed in the Construction Law 2014 are not fully met.

- Constructing works in non-construction zones ; constructing works in encroachment upon the protection corridors of national defense, security, traffic or irrigation works, dykes, energy facilities, historical-cultural relic areas and protection zones of other works prescribed by law; constructing works in areas prone to landslide, sweeping flood or flash flood, except works built to overcome these phenomena.

- Constructing works at variance with construction master plan, except cases with construction permits with a definite term; in encroachment of construction boundaries or construction levels; constructing works at variance with granted construction permits.

- Formulating, appraising and approving designs and cost estimates of construction works using state funds in contravention of the Construction Law 2014.

- Contractors participating in construction activities when failing to fully satisfy the capacity conditions for carrying out construction activities.

- Project owners selecting contractors that fail to fully meet the capacity conditions for conducting construction activities.

- Constructing works not in compliance with the selected standards and technical regulations to be applied to works.

- Manufacturing and using building materials which cause harms to community health and environment.

- Violating regulations on labor safety and assets, fire and explosion prevention and fighting, security, order and environmental protection in construction.

- Using works against their purposes and utility; building annexes or lean-tos encroaching upon areas and spaces lawfully managed or used by other organizations or individuals or upon public areas and common-use areas.

- Giving and taking bribe in construction investment activities; abusing other legal persons to participate in construction activities; committing manipulation and collusion to falsify the results of project formulation, surveys, designs or supervision of construction.

- Abusing positions and powers to violate the law on construction; covering up and handling late acts in violation the law on construction.

- Obstructing lawful construction investment activities.

Ho Quoc Tuan

>> CLICK HERE TO READ THIS ARTICLE IN VIETNAMESE