Chương II Nghị định 64/2012/NĐ-CP : Cấp giấy phép xây dựng

Chapter 2.

GRANT OF CONSTRUCTION PERMIT

Article 5. General conditions for being issued a construction permit for the construction work and individual house

The types of individual works and houses to be issued construction permits if they meet the following conditions:

1. Suitable for construction planning, land use purpose, investment objectives.

2. Depending on the scale, nature and location of building, work issued construction permit must: Comply with the provisions of the red line, construction boundaries; ensure work safety and adjacent works and the requirements on: clearance limit, waterway, ensure the environmental protection requirements in accordance with the law, fire prevention and fighting (abbreviated as FPF), infrastructure (transport , electricity, water, telecommunications), corridor to protect irrigation works, dikes, energy, transport, cultural heritage, historical and cultural monuments and ensure the distance to the flammable, explosive, toxic, important works related to national security.

3. Document of construction design must be conducted by the qualified organizations, individuals in accordance with provisions; design must be evaluated and approved in accordance with regulations. For individual houses with a total floor area of less than 250 m², under 3 floors and not in the areas to protect historical, cultural monuments, investors are organized design to build and take self-responsibility for the safety of the work and the adjacent works.

Article 6. Separate conditions to be granted a construction permit for the construction works and individual houses

In addition to meeting the general conditions stipulated in Article 5 of this Decree, construction works and individual houses to be granted construction permits must also meet the following specific conditions:

1. For buildings and individual houses in urban areas:

a) In accordance with: Detailed construction planning, planning management regulations, urban architecture, urban design approved by the competent state agencies;

b) For construction works in the urban regions, streets to be stable but there is no detailed plan, it must be in accordance with the Regulation on planning management, urban architecture or urban design issued by the competent state agencies;

c) Level-1, special-level civil construction works in urban area must have basement design according to the requirements of urban planning and planning management regulations, urban architecture approved by the competent authority.

2. For construction works outside urban area:

a) For construction works not following lines: it must conform to the position and the total ground area of the projects which have been approved in writing by the competent state agency;

b) For construction works by lines: it must conform to the position and line plan which has been approved in writing by the competent State agency.

3. For individual houses in rural areas:

a) In accordance with the rural residential planning (planning to build new rural communes) approved by the district-level People's Committee;

b) For the works in areas without rural residential planning approved, it must be consistent with the provisions of the district-level People's Committee on construction order management.

4. For other construction works:

Depending on the construction site, the following works in addition to meeting the conditions specified in clause 1 or clause 2 of this Article shall also meet the following conditions:

a) For works of religion, it must have the written approval by the competent level of the Religion Committee;

b) For monuments, murals, advertising, restoration, and embellishment, it must have the written approval of the State Administration Agency of culture

Article 7. Conditions for the cases of grant of temporary construction permits

The work shall be granted temporary construction permit if it meets the following conditions:

1. Located in the region where has detailed construction planning, rural residential planning (planning to build new rural communes) approved and publicized by the competent authority but has not got decision on land recovery of the competent state authority.

2. Consistent with the land use purpose, investment objectives.

3. Ensured the safety for the work or adjacent works and requirements: Environment, fire prevention and fighting, infrastructure (transport, power, water, telecommunications), protection corridor of irrigation works, dikes, energy, transport, cultural heritage, historical and cultural monuments and the distance to flammable, explosive, toxic, important works related to national security.

4. Construction design records meet the provisions of clause 3 of Article 5 of this Decree.

5. Consistent with the scale of work and duration to perform construction planning defined by the provincial-level People's Committee.

6. Investors have committed to self-demolish the works when the existing deadline of the works stated in temporary construction permits expire and having no claim for reimbursing the part arising after the plan is publicized. In the absence of self-demolition, it shall be forced to demolish and investors must bear all the costs for the demolition of works.

Temporary construction permits are issued only for each project, individual house, not granting by phase and for the project.

Article 8. Records requesting for a construction permit

The investor files directly 01 set of dossier to construction licensing agency. Dossier requesting for a construction permit includes:

1. An Application for a construction permit (By Form for each case, each type of work).

2. Certified copy of one of the land use right papers prescribed by the law on land; papers on property rights of works, houses for the cases of repair, renovation; power of attorney for the cases of being authorized by the work owner to perform repair, renovation; decision on allowing the construction investment of the competent authority for urban underground works; decision on approval of environmental impact assessment report or environmental protection commitments in accordance with the law provisions on environmental protection.

3. Two sets of design drawings made by organizations and individuals that are eligible on capacity and have been organized the evaluation and approval as prescribed by investor. Each set consists of:

a) Drawing of the work position on the land plot, the lot plot boundaries, contour drawing (for the line works), connection diagrams with infrastructure outside the fence of the work ( traffic and drainage);

b) Drawing of the plane, main elevation drawing, and sectional drawing of the work;

c) Drawing of the base plane, base sectional drawing, drawings of load-bearing structure (base, frame, walls, load-bearing roof);

d) The drawing of the system of fire protection and fighting which has been evaluated and approved for the work of the list required to have evaluation and approval of explosion, fire prevention and fighting plan in accordance with the law provisions on fire protection and fighting;

đ) In case of repair, renovation, it must have the drawings on location, items need to be renovated, if having any affect on work structure, it must be reported the survey results, quality assessment of old structures related items need to be renovated and reinforcement measures to determine eligibility for repair, renovation, together with photos of the current state of the works applying for renovation and adjacent works.

4. For the case of installation of equipment or other structure in the built works, but not owned by the investor, it must have a certified copy of the contract with the work owner.

5. Decision on approving the project together with the written approval of the investment of the competent authority, a written opinion on the basic design (if any) of the State management agency in accordance with provisions.

Article 9. The process of applying for a construction permit

1. Construction permit licensing agency shall receive the dossiers of organizations and individuals applying for construction permits; inspect documents; write receipts in case the dossiers meet regulations or provide guidance for the investors to complete the documents in the case the dossiers do meet regulations.

2. Construction permit licensing agency is responsible for monitoring, returning results, or informing the investors the dossiers which are not eligible for construction permits.

3. Within 10 working days from the date of dossier receipt, units assigned to evaluate dossiers are responsible for reviewing dossiers, field inspection (if necessary). When reviewing dossiers, the construction permit licensing agency must identify the missing documents; the documents not in accordance provisions or not in accordance with reality to notice once in writing for the investors to supplement and complete dossiers.

For additional dossiers not meeting the requirements in accordance with the written notice, the licensing agency shall notify in writing the guidelines for investors to continue the completion of dossier. Investors are responsible for completing dossiers by the written notice. After two additional times, but the dossiers still do not meet the prescribed conditions, the licensing agency has the right of not considering the license and informs the investors.

4. Based on the size, nature and type of work and location of work construction stated in the dossier requesting for construction permit, the construction licensing agency is responsible for comparing the conditions specified in Article 5, Article 6, Article 7 of this Decree to send written comments of the State management agencies on the areas related to work construction.

5. Within 10 working days for urban works and housing and 7 working days for individual houses in rural areas, from the date of dossier receipt, the agencies to be consulted are responsible for answering in writing on the contents of their management functions. After this period, if there is no any opinion, it is considered that these agencies have agreed and must take responsibility for the contents of their management functions; construction licensing agency based on the current regulations and conditions specified in this Decree to decide whether or not to issue construction permits.

6. Duration for granting construction permits:

From the date of receiving a complete and valid dossier, the construction licensing agency must consider dossier for licensing within the time limit specified below:

a) In the case of new construction permit, including temporary construction permits, adjustment construction permits and relocation permits, the time limit is not more than 20 working days for the works; 15 working days for individual houses in urban areas; 10 working days for rural houses, as from the date of receiving complete and valid dossier;

b) In case of re-issuance or extension of construction permit: Not more than 10 working days.

In case of due date as prescribed at Points a and b of this clause, but it needs to consider further, the construction licensing agency shall notify the reasons in writing to the owner, and report to the competent authority of direct management for reviewing and directing the implementation, but not more than 10 working days from the expiry date as prescribed at Points a and b of this clause.

7. Receipt of results and payment of fees:

a) Investor receives a construction permit together with design documents stamped by the construction licensing agency or written reply (for the cases of not eligible for granting construction permits) in the place of receiving dossiers, according to the time limit stated in the receipt;

b) Investor shall pay the prescribed fee for filing dossier.

8. Where dossiers are not eligible for licensing in the time limit specified in clause 6 of this Article, the licensing agency shall notify in writing the reasons for investors to know. If the time limit stated in the receipt is over but the licensing agency does not respond, the investor is allowed to construct work according to design dossier which has been evaluated and approved in accordance with provisions in the dossier requesting for granting a construction permit.

Article 10. Adjustment of construction permit

1. In the construction process, in case of adjusting the design leading change of one of the following contents compared with design which has been granted a construction permit, the investor must request adjustment of the construction permit before the construction by the adjusted contents:

a) Change of the form of the exterior architecture of the work;

b) Change of one of the factors: Location, base, building area, scale, building height, number of floors, and other factors affecting the main load-bearing structure;

c) When adjusting the design inside the building leading change of use function and affecting the fire prevention and fighting and the environment.

2. Dossier requesting for modification of a construction permit, includes:

a) An application for modification of a construction permit (by form); clearly stating the reason for the modification;

b) The original of construction permit granted;

c) The design drawings related to the adjustment compared with the design which has been granted construction permit;

d) Report on the result of the evaluation and the written approval of the design to be adjusted (except for individual houses) of the investor, which must have content of ensuring load-bearing safety; safety for fire prevention and fighting; ensuring environment. Report on design verification result (if any) performed by the consulting organization that is eligible in accordance with provisions.

Each work is only recommended for modification of construction permit which has been issued 01 once. In case of modification of 02 times or more, it must propose new construction permit as prescribed.

Article 11. Extension of construction permit

1. Within 30 days, before the construction permit expires, if the work has not been started, the investor must request the extension of construction permit. Each construction permit is extended only once. Extension period shall not exceed six months. Upon the expiration of the extension period, the investor has not yet started construction; they must apply for a new construction permit.

2. Dossier requesting for extension of a construction permit includes:

a) An application for extension of construction permit, which clearly explains the reasons;

b) The original of construction permit issued.

3. For the works granted temporary construction permit which has expired as stated in the permit, but the State has not done the planning, the investors may request the licensing agencies to consider extension of the existing time until the State implements the planning. Existing term is stated in the temporary construction permits issued.

Article 12. Re-issuance of construction permit

1. Construction permit is re-issued for cases torn, damaged, or lost.

2. Construction permit is re-issued in the form of copy.

3. Dossier requesting for re-issuance of construction permit includes:

a) An application for a construction permit, which clearly explains the reasons for it;

b) The original of construction permit issued (in case of torn or worn).

Article 13. Work relocation permit

Dossier requesting for work relocation permit includes:

1. An application for a work relocation permit (by form).

2. A certified copy of documentation of land use rights of the place where the work is being existed and the place where the work will be moved in and legal papers of work property.

3. As-built drawing of work (if any) or design drawing describing the actual status of the relocated work, including the plane, sectional drawing, and drawing of load-bearing structures.

4. Drawing of total ground of the work where will be moved in.

5. Drawings, the cross section of the foundations in place to move to.

6. Report on assessment, survey results of the quality of the current status of the work.

7. Relocation plan includes:

a) Explanation: present the current status of the work and the current status of the area where the work will be moved in; relocation solutions, the plan of use of motorcycles, equipment and human resources; solutions to protect safety for the work, machinery, equipment and adjacent works; environmental hygiene; relocation schedule. Relocation plans must be performed by the qualified units and individuals;

b) The drawing on work relocation construction solution.

Article 14. Competences to issue, modify, extend, re-issue and revoke construction permits

1. Provincial-level People's Committees authorize the Departments of Construction to grant permits for the construction works of special grade, grade I, grade II; religious works; works of historical – cultural relic; monuments, murals within the administrative boundaries under their respective management; works on the main routes, streets in the city; works of the projects with the foreign direct investment; works of the projects and other works defined by the provincial-level People's Committees.

2. District-level People's Committees grant construction permits for the remaining works and individual houses in urban city of administrative boundaries under their respective management, except for those specified in clause 1 of this Article.

3. Commune-level People's Committees grant construction permits for individual houses in the rural population where had the approved construction plans within the administrative boundaries under their respective management.

4. Works which construction permits are issued by a certain licensing agency, the agency has the right to modify, extend, re-grant, and revoke the construction permits issued by them.

5. Provincial-level People's Committees decide to revoke construction permits issued not in compliance with regulations by their subordinate.

Article 15. Recordkeeping of dossiers of construction permit

1. Construction permit licensing agency is responsible for keeping dossiers of construction permit in accordance with the law provisions on archives.

2. Investors, organizations of design, construction are responsible for keeping design documents and as-built drawings of work in accordance with the law provisions on construction.