Chương II Thông tư 03/2009/TT-BXD: Quy định chi tiết về giấy phép xây dựng

Chapter II

DETAILED PROVISIONS ON CONSTRUCTION PERMITS

Article 4. Works not subject to construction permits under Point b. Clause 1, Article 19 of Decree 12/CP

Works not subject to construction permits under Point b. Clause 1, Article 19 of Decree 12/ CP include:

1. Works to be constructed in lines not running through urban centers but conformable with approved construction plannings.

2. Works under construction investment projects in which investment has been decided by the Prime Minister, ministers, heads of ministerial-level agencies or presidents of People's Committees at all levels, except works only subject to formulation of econo-technical reports.

Article 5. Temporary construction permits under Clause 2. Article 19 of Decree 12/CP

1. Temporary construction permits are only required in areas for which approved construction plannings have been publicized but not yet implemented.

2. Based on the nature, characteristics and period of implementation of a construction planning in each region, the provincial-level People's Committee shall specify the size of works to be granted temporary construction permits to suit the local practical situation.

3. A temporary construction permit must indicate the duration of existence of a work. Upon the expiration of the duration indicated in the permit, if the ground has not yet been cleared, such work is allowed to exist until the State clears the ground for planning implementation. Then the investor shall voluntarily dismantle the work or be coerced to do so and bear all expenses for dismantlement.

4. The competence to grant temporary construction permits is similar to that for works subject to construction permits under Article 23 of Decree 12/CP.

5. The compensation for ground clearance for planning implementation must comply with current regulations; particularly, compensation will not be paid for works constructed under temporary construction permits.

Article 6. Permits for the construction of rural houses

1. For commune or commune cluster centers to be possibly developed into urban centers for which approved construction plannings are not yet available, district People's Committees shall issue regulations as a basis for the grant of construction permits and management of construction order as prescribed.

2. The plan of the work construction ground under Clause 3. Article 21 of Decree 12/CP shall be made according to a form provided in Appendix 5 to this Circular (not printed herein).

Such a plan must indicate sizes and land-occupying area of the house, works on the land lot. distances to surrounding works, and points for connecting electricity, communication, water supply and drainage to outside public technical infrastructure facilities (if any). The drawing must indicate the name of the house owner, address of residence and construction location, and the name and address of the drawer.

Article 7. Competence to grant construction permits under Clause 1. Article 23 of Decree 12/CP

Provincial-level People's Committees may grant or authorize directors of provincial-level Construction Services to grant construction permits for construction works mentioned in Clause 1, Article 23 of Decree 12/CP.

Article 8. Adjustment of construction permits under Article 24 of Decree 12/CP

1. When wishing to adjust construction designs under granted construction permits regarding construction location of the work or foundation level for construction of the work; red marking lines or construction marking lines; construction area; total floor area; height of the work; number of stories (for civil works) or other details, investors shall apply for the modification of construction permits before constructing works according to adjusted designs. For other changes, investors are not required to apply for the modification of granted construction permits.

2. Agencies which have granted construction permits have the competence to modify construction permits and shall take responsibility for modifications. Modification of a construction permit shall be written in the "extension, modification" section or in an appendix to the construction permit already granted to the investor.

Article 9. Construction management for works exempt from construction permits under Clause 1, Article 19 of Decree 12/CP

Before starting the construction of works exempt from construction permits under Points b. c and d. Clause 1. Article 19 of Decree 12/CP. investors shall notify in writing the dates of starting construction, enclosed with drawings of construction plans, base plans and main vertical sections of works, to agencies competent to grant construction permits as decentralized and commune-level People's Committees for information, monitoring and management under regulations. For works subject to project formulation, apart from the above documents, written opinions of agencies managing specialized construction works on their basic designs are required.

Article 10. Dismantlement of construction works under Article 32 of Decree 12/CP

1. Competence to decide on the dismantlement of works:

a/ People's Committees at all levels may decide to dismantle works for ground clearance under construction plannings and works subject to coercive dismantlement under law.

b/ Investors of projects or owners, managers or users of works may decide to dismantle works mentioned in Clause 1 Article 32 of Decree 12/ CP.

2. Work dismantlement plans:

a/ The dismantlement of a work must have a dismantlement plan. The person deciding to dismantle a work shall approve the dismantlement plan.

b/ The person deciding to dismantle a work shall draw up the dismantlement plan or hire a consultant to do so.

c/ A work dismantlement plan must indicate dismantlement measures and process; dismantlement equipment and shielding measures to ensure safety for people, property, security, order and environmental sanitation, and dismantlement order, progress and funds.

d/ A work must be dismantled by a capable and experienced unit under an approved dismantlement plan, ensuring safety for people, property and adjacent works. Before dismantling a work, it shall notify the commune-level People's Committee and owners of adjacent works of the dismantlement.