Chapter 1.
GENERAL PROVISIONS
Article 1. Scope of governing and subjects of application
1. Scope of governing
This Decree prescribes the conditions, order, procedures, and competence to grant construction permits; supervision of the construction under the construction permits; rights and responsibilities of organizations and individuals involved in construction permit issue and construction management under construction permits.
2. Application subjects
This Decree applies to the domestic and foreign organizations, individuals to be investors of construction works; organizations and individuals concerned in the grant of construction permits and supervision of the construction under construction permit in the territory of Vietnam. In case the international treaties which the Socialist Republic of Vietnam has signed or acceded to contain otherwise provisions, then shall apply the provisions of the international treaties.
Article 2. Interpretation of terms
1. Construction Permit: means a legal document issued by the competent state agency for investor to build newly, repair, renovate, and relocate the works.
2. Work construction permit: means a permit issued for the construction of civil, industrial, transport, irrigation works, and infrastructure.
3. Individual housing construction permit: means a permit issued for the construction of individual houses in the urban or rural areas.
4. Temporary construction permit: means a permit issued for construction of works, individual houses used within a certain period by time limit to conduct construction planning.
5. Phased construction permit: means a permit issued for each part of the project or the work of the project as design for the construction of the whole work or the project which has not been done.
6. Construction permit for repair, renovation: means a permit issued for carrying out the repair, renovation of the existing building with architecture changes of the elevation, load-bearing structural change, and change of works and utilities scale.
7. Works by lines: mean the construction works extended horizontally, such as roads, railroads, power lines, telecommunication cables, oil and gas pipelines, water supply pipelines, and other works.
Article 3. Construction Permit
1. Before starting construction, the investor must have a construction permit, except for the construction of the following works:
a) The state secret works, works under urgent orders, temporary works for construction of main works and other works under the provisions of the Government exempted from construction permits;
b) Construction works by lines not passing through urban areas but in accordance with the construction plans which have been approved by the competent State agencies;
c) Works under construction investment projects decided on the investment by the Prime Minister, ministers, heads of ministerial-level agencies, the presidents of People's Committees at all levels;
d) The works of repair, renovation, equipment installation inside the building not changing the architecture of exterior sides, load-bearing structures, utilities and work safety;
đ) Technical infrastructure works required to establish the technical-economic reports and individual houses in remote areas of the region not yet planned rural residential places (new rural village commune construction planning) approved by the competent state agencies.
2. Construction permit includes the types of:
a) New construction;
b) Repair and renovation;
c) Removal of the works.
3. For special- level, level-I works, if the investors need, they can ask to be considered for the grant of construction permit by stages. For the works not following lines, only grant construction permit for maximum 2 stages, including stage of construction of the foundation and basement (if any) and the stage of construction of the body of work.
4. For the projects involving many works, the investors may request to be considered for the grant of construction permit for one, more, or all of the works under the project.
Article 4. Construction permit content
The major contents of a construction permit include:
1. Name of the work (of the project).
2. Owner (owner’s name, contact address).
3. Location, location of construction; construction line (for the works by line).
4. Type and level of work.
5. The work construction elevation.
6. Red line, construction boundaries.
7. Construction density.
8. Coefficient of land use.
9. The safety requirements for works and adjacent works.
10. Requirements on environment, fire protection and fighting, safety corridor.
11. For civil and industrial buildings, individual houses, in addition to the contents specified in the above points, it must also have the contents on the construction area of the first floor; total building floor area; number of floors including basement, attic, technical floor, garret, “tum” (if any); maximum height of the whole work; colors, construction materials.
12. The time limit for starting the work construction: Within 12 months from the date of issue of a construction permit.
13. The requirements for investors to make in the process of construction.
Tìm kiếm
Nghị định 64/2012/NĐ-CP (Bản Word)
Nghị định 64/2012/NĐ-CP (Bản Pdf)