Chương IV Nghị định 15/2021/NĐ-CP: Giấy phép xây dựng và quản lý trật tự xây dựng

Chapter IV

CONSTRUCTION PERMIT AND CONSTRUCTION ORDER MANAGEMENT

Article 41. Requirements for issuance of construction permit

1. Requirements for issuance of a construction permit shall comply with Article 91, Article 92, Article 93 and Article 94 of the Law on Construction dated 2014, amended in the Law on Architecture 2019 and the Law No. 62/2020/QH14.

2. For areas without urban planning, construction planning for functional areas or detailed construction planning for rural residential area, a planning which is of technical nature, relevant fields or regulations on architectural management or a document of a competent authority approving the location and layout drawing (for works not built by routes outside urban areas) is the basis for consideration of granting a construction permit.

3. As for a work under a construction project that does not require formulation of a detailed construction planning according to the provisions of law on plannings, a work of a construction project implemented by a corporate investor with the scale of less than 05 hectares (less than 02 hectares for a project to build condominiums), a zoning planning is the basis to consider granting a construction permit.

4. As for a work with great impact on community safety and benefits which requires assessment as prescribed in clause 6 Article 82 of the Law on Construction 2014, amended in the Law on Architecture 2019 and the Law No. 62/2020/QH14, an assessment report, in addition to the investor's own requirements, must have a conclusion specifying that the construction design documents meet the construction safety requirements and comply with technical standards and regulations.

Article 42. General provisions on application for issuance of construction permit

1. An application for issuance of a construction license shall be sent in person to the licensing agency or via the online public service system according to regulations.

2. Documents and design drawings in an application for issuance of construction license are originals or certified copies or electronic copies.

3. Construction design drawings in an application for issuance of construction license must comply with regulations on format of construction design documents according to Article 33 of this Decree.

4. When submitting the application in the form of electronic copies, the investor only needs to submit 1 set of construction design drawings.

Article 43. Application for issuance of construction permits in case of new construction

1. For works not built by routes:

a) An application form for issuance of construction permit No. 01 of Appendix II hereto;

b) A copy of one in written proofs of land use rights as prescribed in legislation on land;

c) 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 this Decree; 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;

d) 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:

a) An application form for issuance of construction permit No. 01 of Appendix II hereto;

b) 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;

c) Documents specified in point c clause 1 hereof;

d) 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:

a) An application for a construction permit for religious works includes documents as prescribed in Clause 1 of this Article 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;

b) An application for a construction permit for belief works includes the documents specified in Article 46 of this Decree 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;

c) 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 this Clause, 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 Clause 1 of this Article 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 Clause 1 or 2 of this Article and the provisions of agreements signed with the Government of Vietnam.

Article 44. Application for issuance of a construction permit by stages

1. For works not built by routes:

a) An application form for issuance of construction permit No. 01 of Appendix II hereto;

b) A copy of one in written proofs of land use rights as prescribed in legislation on land;

c) Required documents specified in point c clause 1 Article 43 hereof;

d) 02 sets of construction design drawings in construction design documents following the basic design approved in accordance with the construction law corresponding to the stage for which a construction permit is sought as specified at Point d, Clause 1, Article 43 of this Decree.

2. For works built by routes:

a) An application form for issuance of construction permit No. 01 of Appendix II hereto;

b) 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 with respect to a part of land executed by stages or the land for the entire project as per the land law;

c) Required documents specified in point c clause 1 Article 43 hereof;

d) 02 sets of construction design drawings in construction design documents following the basic design approved in accordance with the construction law corresponding to the stage for which a construction permit is sought as specified at Point d, Clause 2, Article 43 of this Decree.

Article 45. Application for issuance of a construction permit to project, group of works in project

1. An application form for issuance of construction permit No. 01 of Appendix II hereto.

2. One in written proofs of land use rights as prescribed in legislation on land with respect to a group of works or the entire project.

3. Required documents specified in point c clause 1 Article 43 hereof;

4. 02 sets of construction design drawings in construction design documents following the basic design approved in accordance with the construction law of each work in a group of works or the entire project, including:

a) Construction design documents prescribed in point d clause 1 Article 43 hereof for a work not built by route;

b) Construction design documents prescribed in point d clause 2 Article 43 hereof for a work built by route.

Article 46. Application for issuance of a construction permit for detached house

1. An application form for issuance of construction permit No. 01 of Appendix II hereto.

2. One in written proofs of land use rights as prescribed in legislation on land.

3. 02 sets of construction design drawings, enclosed with the fire safety design appraisal certificates, together with the appraised drawings if required by the law on fire safety; report on the result of construction design assessment if required by law on construction, including:

a) Work plan on the land plot, enclosed with the work location diagram;

b) Floor plan, elevations and sections of the work;

c) Footing plan and sections enclosed with connection diagram of infrastructure outside the work including water supply and drainage, power supply;

d) For construction works with adjacent works, there must be a written commitment to ensure safety for the adjacent works.

4. Based on the actual circumstances in the locality and Clause 3 of this Article, the People's Committee of province shall publish the design drawing templates for households and individuals to refer to when making their own construction design according to the provisions at Point b Clause 7 Article 79 of the Law on Construction 2014.

Article 47. Application for issuance of a construction permit in case of repair and renovation of works

1. An application for issuance of repair or renovation permit of detached house and work using Form No. 01 Appendix II hereto.

2. One of the documents proving the ownership, management and use of the work or detached house according to the provisions of law.

3. As-built drawings of parts of the works expected to be repaired or renovated, approved as prescribed in a scale in proportion to the scale of the drawings of the application for repair and renovation permit and photos (minimum size 10 x 15 cm) of actual existing condition of the work and adjacent works before the repair and renovation.

4. Repair, renovation design documents equivalent to each type of work as prescribed in Article 43 or Article 46 hereof.

5. For works of historical and cultural relics and scenic beauties that have been ranked, there must be a written approval of the need for construction and work size issued by the cultural authority.

Article 48. Application for issuance of a structure relocation permit

1. An application for issuance of structure relocation permit using Form No. 01 Appendix II hereto.

2. Required documents in clauses 2, 3, 4 and 5 Article 97 of the Law on Construction 2014.

Article 49. Cases of exemption from construction permits for passive telecom infrastructure

Passive telecom infrastructure exempt from construction permits are specified in Point dd, Clause 2, Article 89 of the Law on Construction in 2014, amended and supplemented in Clause 30, Article 1 of Law No. 62/2020/QH14, including:

1. Antenna masts of an antenna mast system outside the urban area in accordance with the planning on construction of passive telecom infrastructure approved by a competent authority or approved by a agency authorized to approve the route direction.

2. A1-type antenna masts as prescribed in the law on telecommunications installed in urban areas in conformity with planning for passive telecom infrastructure approved by the competent authority.

Article 50. Construction permit with a definite term

1. Pursuant to Article 94 of the Law on Construction 2014, amended in Clause 33, Article 1 of Law No. 62/2020/QH14 and on the basis of the construction planning implementation plan, construction location, the People’s Committee of province shall promulgate specific regulations on the scale and height of new construction works and works for which a repair and renovation permit is sought; service life of the works as a basis for granting a construction permit with a definite term.

2. The application for issuance of a construction permit with a definite term shall comply with regulations on construction works or detached houses prescribed in Article 43 and Article 46 hereof. Particularly, the title of the application is changed to "Application for construction permit with a definite term".

Article 51. Modification to and renewal of construction permit

1. The modification to and renewal of construction permits comply with Articles 98 and 99 of the Construction Law 2014 . The investor is not required to modify a construction permit in case of adjustment of the construction designs without changing the main entries stated in the construction permit and construction design drawings enclosed to the issued construction permit.

2. Application for modification to construction permit includes:

a) An application form for modification to construction permit No. 02 of Appendix II hereto;

b) An original of the issued construction permit;

c) 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 this Decree;

d) 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. Application for renewal of construction permit includes:

a) An application form for renewal of construction permit No. 02 of Appendix II hereto;

b) An original of the issued construction permit;

Article 52. Re-issuance of construction license

1. Construction permits shall be re-issued in case of being torn or lost.

2. Application for re-issuance of construction permit includes:

a) An application form for re-issuance of construction permit, clearly stating the reason for re-issuance according to Form No. 02 Appendix II of this Decree;

b) An original of the construction permit, which has been issued, in case of being torn. A commitment to be self-responsible for the loss of the construction permit of the investor in case of lost construction permit.

Article 53. Revocation and cancellation of construction permit

1. A construction permit shall be revoked in one of the following cases:

a) 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;

b) 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.

2. Procedures for revocation of construction permit:

a) 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 hereof, the competent authority shall issue a decision on revocation of the construction permit;

b) 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.

c) 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;

d) 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 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.

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

a) 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;

b) 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.

Article 54. Procedures and matters to be checked for issuance of construction permit

1. Procedures for issuance of construction permit:

a) The issuing agency shall verify and assess applications and issue construction permits according to the process specified in Article 102 of the Law on Construction 2014, amended in Clause 36 Article 1 of Law No. 62/2020/QH14;

b) The issuing agency shall use their digital signature or the seal specimen as prescribed in Form No. 13, Appendix II of this Decree to affix on the design drawings enclosed with construction permit issued to the investor.

2. The issuing agency shall ensure that all the eligibility requirements for issuance of a construction permit specified in Article 41 hereof are met. The matters which have been appraised and assessed as per the law shall be double-checked as follows:

a) Comparing the conformity of construction design drawings in the application for the construction permit with the basic design appraised by the construction authority and affixed the stamp for the works under the projects requiring appraisal of feasibility study reports by the construction authority;

b) Checking the conformity of construction design drawings in the application for construction permit with the construction design drawings and fire safety aspect approved by the competent authority for the construction works which require fire safety appraisal;

c) Checking the completeness and validity of the report on assessment results for works requiring design assessment according to the provisions of this Decree.

Article 55. Publication of construction permit

1. The issuing agency shall publish the contents of the issued construction permits on its website.

2. The investor shall publish the contents of the construction permit at the construction sites during the construction process so that other entities can monitor and supervise according to the provisions of relevant law.

Article 56. Construction order management

1. Construction order management must be carried out after receipt of the notice of commencement to the time when the works are handed over and put into operation in order to detect, stop and handle any violation in a timely manner.

2. Details of construction order management:

a) For works that are granted construction permits: The management of the construction order according to the contents of the issued construction permits and relevant provisions of law;

b) For works that are exempt from construction permits, details of construction order management are as follows: checking the eligibility for exemption from construction permits for works as prescribed in point g, clause 2, Article 89 of the Law on Construction 2014, amended in Clause 30, Article 1 of Law No. 62/2020/QH14, checking the compliance with construction plannings or technically-specialized plannings, approved architectural or urban design management regulations and relevant provisions of law; checking the conformity of the construction with the appraised main contents and parameters of the design for the construction design which has been appraised by a construction authority.

3. When a violation is detected, the construction order authority must order the suspension of construction, handle it within competence or request the competent authority to handle the violation of construction order according to regulations.

4. Responsibilities of the People's Committee of province:

a) Take full responsibility for the construction order management of construction works in the province (except for construction works involving state secrets);

b) Promulgate regulations on: construction order management; delegate or authorize construction order management to the People's Committees of districts, People's Committees of communes in accordance with the law and the actual circumstances; delegate or authorize to receive the commencement notice enclosed with construction design documents, in case the works are exempt from construction permits according to the provisions at Point g, Clause 2, Article 89 of the Law on Construction 2014, amended in Clause 30, Article 1 of Law No. 62/2020/QH14, which requires additional documents at the request of the construction authority according to the provisions of Clause 5, Article 38 of this Decree.

c) Promulgate regulations on management of architecture or urban design for each area as a basis for issuing construction permits and managing construction order in areas without detailed construction plannings in urban areas, in functional areas and rural residential detailed construction planning;

d) Direct the People's Committees of districts and communes to monitor, inspect, detect, prevent and promptly handle violations in the area; to direct and organize the enforcement of works in violation of construction order in their respective localities according to law provisions;

dd) Solve materials, complex and problematic issues in the process of construction order management in the area.

5. Responsibilities of the People's Committee of district and commune:

a) Take responsibility for construction order management in the district or commune as delegated or authorized by the People's Committee of the province;

b) Monitor, inspect, detect, prevent and promptly handle violations in the area; organize the enforcement of works in violation of construction order in their respective localities according to law provisions.