Process of grant, re-grant, adjustment and extension of construction permits in Vietnam

Process of grant, re-grant, adjustment and extension of construction permits in Vietnam (Internet image) 

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

1. Process of grant, re-grant, adjustment and extension of construction permits in Vietnam

Process of grant, re-grant, adjustment and extension of construction permits in Vietnam according to Article 102 of the Law on Construction 2014 (amended 2020) is as follows:

- The process of grant and adjustment of a construction permit is prescribed as follows:

+ The project owner shall submit 2 sets of dossier of application for a construction permit or request for adjustment of construction permit to the agency competent to grant construction permits;

+ The agency competent to grant construction permits shall receive the dossier, check the dossier and write a receipt if the dossier is valid as prescribed or guide the project owner to complete the dossier if it fails to meet prescribed requirements;

+ Within 7 working days after receiving a dossier, the agency competent to grant construction permits shall organize appraisal of the dossier and conduct field inspection. During appraisal, the competent agency shall determine which documents are still missing, improper or untrue to reality and inform them once in writing to the project owner for supplementation and completion of the dossier.

If the supplemented dossier still fails to meet the notified requirements, within 5 working days the competent agency shall issue a written notice to the project owner guiding the latter to further improve the dossier.

The project owner shall supplement and complete the dossier according to the written notice. If the supplemented dossier still fails to satisfy the notified contents, within 3 working days, the competent agency shall notify the project owner of the reason for refusal to grant a permit;

The agency competent to grant construction permits shall examine the conditions prescribed in this Law and send written requests for opinions of state management agencies in charge of fields related to the construction work in accordance with law;

+ Within 12 days, for works or separate houses, after receiving a dossier, consulted state management agencies shall issue written replies on the contents under their respective management functions.

After the above time limit, if they give no opinions, they shall be considered having agreed and shall take responsibility for the contents under their respective management functions; in pursuance to current regulations, the agency competent to grant construction permits shall decide to grant construction permits;

+ From the date of receiving a valid dossier, the agency competent to grant construction permits shall examine the dossier for the grant of a permit within 20 days in the case of grant of construction permits, including also definite-term construction permits, adjusted construction permits and relocation permits, and within 15 days, for detached houses.

At the end of the time limit for the grant of a construction permit, if the agency competent to grant construction permits needs more time for examination, it shall notify in writing the reason to the project owner and at the same time report it to the direct management agency for consideration and direction, but within 10 days after the expiration of the time limit prescribed in Clause 1 of Article 102 of the Law on Construction 2014.

The time limit for grant of construction permits for advertisement works shall comply with the provisions of the Law on advertisement.

- The process of extension and re-grant of construction permits is prescribed as follows:

+ The project owner shall submit 2 sets of dossier of request for extension or re-grant of construction permit to the agency competent to grant construction permits;

+ Within 5 working days after receiving a complete and valid dossier, the agency competent to grant construction permits shall consider and allow the extension of the construction permit or re-grant the construction permit.

- The receipt of replies and payment of fees for the grant of construction permits are prescribed as follows:

+ Project owners shall receive construction permits enclosed with design dossiers submitted for the application of construction permits bearing the stamp of the agency competent to grant construction permits at the place of receipt of the dossiers according to the time of appointment written in the receipts;

+ Project owners shall pay a fee under regulations upon submission of dossiers of application for construction permits.

- For cases ineligible for the grant of a construction permit, within the time limit prescribed in Clause 2 of Article 102 of the Law on Construction 2014, the agency competent to grant construction permits shall issue a written notice clearly stating the reason to the project owner.

Past the time limit written in the receipt, if the competent agency fails to reply, the project owner is entitled to construct the work according to the appraised and approved design dossier included in the dossier of application for a construction permit.

2. Regulations on withdrawal or cancellation of construction permits in Vietnam

Regulations on withdrawal or cancellation of construction permits according to Article 101 of the Law on Construction 2014 are as follows:

- A construction permit shall be withdrawn in the following cases:

+ The construction permit is granted not in accordance with law;

+ The project owner fails to remedy the construction in violation of the construction permit within the time limit written the violation handling document at the request of a competent state agency.

- After 10 days from the date of issuance of the construction permit withdrawal decision by a competent state agency in the case prescribed in Clause 1 of Article 101 of the Law on Construction 2014, if the project owner fails to return the construction permit to the granting agency, the latter or a competent agency shall decide to cancel the construction permit and notify it to the project owner and the commune-level People’s Committee of the locality where the construction work is located. The construction permit cancellation decision shall be posted on the website of the provincial- level Construction Department.

>> CLICK HERE TO READ THIS ARTICLE IN VIETNAMESE