Cases of revocation of construction permits in Vietnam

Cases of revocation of construction permits 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. Cases of revocation of construction permits in Vietnam

According to Clause 1, Article 53 of Decree 15/2021/ND-CP, a construction permit shall be revoked in one of the following cases:

- The construction permit is issued in contravention of law, including: Falsifying documents in the application for issuance of construction permit; the construction permit is misstated due to the fault of the construction permit-issuing agency; the construction permit was issued ultra vires;

- If the investor fails to remedy the breach of construction specified in the construction permit within a given time stated in the penalty document made by the competent authority.

3. Procedures for revocation of construction permit in Vietnam

According to Clause 2, Article 53 of Decree 15/2021/ND-CP, the procedures for revocation of construction permit include:

- Within 10 days from the moment where it is grounded to determine that the construction permit falls under one of the cases in Section 2, the competent authority shall issue a decision on revocation of the construction permit;

- The said competent authority shall send the decision on revocation of the construction permit to the organization/individual from which the construction permit is revoked and post it on its website; and send the information to the People’s Committee of commune where the construction work is located to make public at the People’s Committee of commune within 5 working days since of the date of the decision.

- The organization or individual whose construction permit is revoked shall return the original of such permit to the authority that issues the revocation decision within 05 days from the receipt of the revocation decision;

- If the organization or individual whose construction license is revoked fails to return the original of such permit, the said competent authority shall cancel such construction permit according to the provisions of Clause 2 of Article 101 of the Construction Law 2014 and notify the investor and the People's Committee of commune where the construction work is located.

The decision on  cancellation of a construction permit must be posted on the website of the agency that revokes it and also on the website of the local Department of Construction.

4. procedures for issuance of a construction permit after being revoked in Vietnam

According to Clause 3, Article 53 of Decree 15/2021/ND-CP, the procedures for issuance of a construction permit after being revoked include:

- The agency competent to issue a construction permit shall re-issue a construction permit within 5 working days from the date of issuance of decision on revocation or cancellation of the construction permit in a case where the construction permit was misstated at the fault of the construction issuing agency;

- The organization or individual whose construction permit is revoked in the remaining cases specified in Section 2 may apply for a construction permit under the provisions of Decree 15/2021/ND-CP after having returned the construction permit or having the construction permit cancelled and has fulfilled the responsibilities and obligations in accordance with the law.

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