The latest regulations on revocation and cancellation of construction permit in Vietnam

The latest regulations on revocation and cancellation of construction permit in Vietnam (Internet image)

What is construction permit?

According to Clause 17, Article 3 of the Law on Construction 2020, construction permit is a legal document issued by a competent state agency to an investor for new construction, repair, renovation or relocation of a work.

According to Clause 3, Article 89 of the Law on Construction 2020, construction permits include:

- New construction permit;

- Repair and renovation permit;

- Relocation permit;

The latest regulations on revocation and cancellation of construction permit in Vietnam

According to the provisions of Article 53 of Decree 15/2021/ND-CP and Clause 16, Article 12 of Decree 35/2023/ND-CP on Revocation and cancellation of construction permit in Vietnam:

- 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; The issued construction permit that does not satisfy the construction permit granting conditions as prescribed by law

= 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.

- Procedures for revocation of construction permit:

= Within 10 days from the moment where it is grounded to determine that the construction permit falls under one of the cases in clause 1 of Article 53 of Decree 15/2021/ND-CP, 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 Law on Construction 2020 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.

- The procedures for issuance of a construction permit after being revoked:

= 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 Clause 1 of this Article may apply for a construction permit under the provisions of this Decree after having returned the construction permit or having the construction permit cancelled and has fulfilled the responsibilities and obligations in accordance with the law.

Nguyen Pham Nhut Tan

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