Thông tư 15/2016/TT-BXD hướng dẫn về cấp giấy phép xây dựng do Bộ trưởng Bộ Xây dựng ban hành

CIRCULAR

GUIDING ISSUANCE OF CONSTRUCTION PERMIT

Pursuant to the Law on construction No. 50/2014/QH13;

Pursuant to the Government’s Decree No. 62/2013/ND-CP dated June 25, 2013 defining the functions, tasks, powers and organizational structure of Ministry of Construction;

Pursuant to the Government’s Decree No. 59/2015/ND-CP dated June 18, 2015 on the management of investment and construction projects;

In consideration of the request of Director General of Construction Activities Management Agency,

Minister of Construction promulgates this Circular to provide the following guidelines on the issuance of construction permit.

Chapter I

GENERAL PROVISIONS

Article 1. Scope and regulated entities

1. Scope:

This Circular provides detailed regulations on the application for issuance of construction permit, the amendment and extension of construction permit, fixed-term construction permit, and procedures and power to issue construction permit.

Other issues related to the issuance of construction permit shall be governed by the Law on construction in 2014 and the Government’s Decree No. 59/2015/ND-CP dated June 18, 2015 on the management of investment and construction projects.

2. Regulated entities:

This Circular applies to construction licensing authorities, main investors, construction consulting organizations, construction execution organizations and other entities involved in the issuance of construction permit.

Article 2. Construction order management

1. A work of which the construction permit is required:

The construction order shall be managed on the basis of contents specified in the issued construction permit and relevant laws.

2. A work which is exempted from construction permit:  

a) The construction order shall be managed on the basis of the approved construction planning and relevant laws.  People’s Committees of all levels shall, within their competence, promulgate regulations on planning and architectural management to use as the basis for issuance of construction permit and management of construction order in regions where the approved construction planning is not available.

b) The construction order management of works which are exempt from construction permits includes the inspection of the adherence to the construction planning and urban design (if any) or regulations on planning and architectural management. In cases where the construction design has been appraised and approved by a specialized construction authority, the construction order management refers to the inspection of the compliance with the approved construction design and relevant laws.

Article 3. Rights and obligations of the applicant for construction permit

1. Rights:

An applicant for construction permit shall have the following rights:

a) Request the construction licensing authority to explain, instruct and comply with regulations on the issuance of construction permit;

b) Complain or denounce for violations against regulations on the issuance of construction permit;

c) Construct the work as referred to in Clause 2 Article 102 of the Law on construction in 2014;

d) Request construction licensing authorities to issue construction permits to the works which are exempted from construction permits as referred to in Clause 2 Article 89 of the Law on construction in 2014, if necessary.

2. Obligations:

An applicant for construction permit must:

a) Submit sufficient documents and fees for the issuance of construction permit;

b) Assume responsibility for the accuracy and truthfulness of application dossiers for the issuance of construction permit;

c) Within 07 working days before starting the construction, make a written announcement about the construction starting date to the people's committee of the commune where the work shall be constructed;

d) Strictly comply with contents of the construction permit.

Article 4. Responsibilities of construction departments and construction planning management agencies

1. Each construction department shall discharge the following duties:

a) Based on regulations on the issuance of construction permit and construction order management of the Law on construction in 2014, the Government’s Decree No. 59/2015/ND-CP dated June 18, 2015 on the management of investment and construction projects and this Circular, formulate and request the people's committee of province to promulgate regulations on the issuance of construction permit, amendment and extension of construction permit, and fixed-term construction permit in conformity with actual conditions of that province;

b) Issue construction permits upon the assignment by provincial people’s committee;

c) Inspect and manage construction order of special-grade works in provincial area of which construction permits are granted by Ministry of Construction;

d) On a periodical basis of every 06 months and annual basis, submit reports to Ministry of Construction on the issuance of construction permit and construction order management in the province.

2. Construction planning management agencies shall discharge the following duties:

a) Prepare, approve and submit detailed construction plans to people’s committee of province to promulgate regulations on urban planning and architectural management in order to use as the basis for issuance of construction permit and management of construction order;

b) Publicly announce and provide information about the approved detailed construction planning and urban design (if any), and issue the planning permit as referred to in laws and at the request of the main investor;

c) Instruct the main investor to perform necessary tasks for investment and construction works in the regions where the approved construction planning is not available;

d) Give written response to the architecture and planning within their management to the works of which the request for opinions made by a construction licensing authority within the period prescribed in Point d Clause 1 Article 102 of the Law on construction in 2014;

dd) Request the construction licensing authorities not to issue construction permits to the works whose design is not conformable to the approved planning or architecture, or request competent authorities to take actions against the works in breach of the construction planning.

Article 5. Responsibilities of construction licensing authorities

1. Publicly announce requirements, administrative procedures, formalities and period for issuance of construction permits at the place where the applications for construction permit are received.

2. Arrange schedule for receiving people and respond to complaints and denunciations concerning the issuance of construction permits.

3. Comply with procedures for issuance, re-issuance, amendment and extension of construction permits as referred to in Article 102 of the Law on construction in 2014; consider the applications for construction permit and assume responsibility for contents of the issued construction permits; compensate for either the issuance of construction permit made later than the prescribed period or the issuance of a construction permit made in an improper way, including the cases where the issuance of construction permit is authorized.

4. Collect, manage and use the collected fees for the issuance of construction permit in conformity with regulations.

5. A construction licensing authority is not allowed to appoint entities to design or establish its affiliates in charge of design to provide construction designs to the applicants for construction permit.

6. Issue construction permits to the works which are exempted from construction permits as referred to in Clause 2 Article 89 of the Law on construction in 2014 at the requests of main investors.

Article 6. Responsibilities of relevant agencies

Agencies involved in the issuance of construction permit shall discharge the following duties:

1. Give written response to construction licensing authorities in terms of contents within their management within the period prescribed in Point dd Clause 1 Article 102 of the Law on construction in 2014. Over the prescribed period, if a relevant agency fails to respond in writing, it deems that such agency has approved the said contents and must assume responsibility thereof.

2. Implement appropriate measures upon the notice of competent authorities for taking actions against the work which is constructed inconsistently with the planning, or without the construction permit, or inconsistently with the issued construction permit.

3. Compensate for damages caused by their mistakes.

Article 7. Responsibilities of construction consulting organizations and construction execution organizations   

1. Design consulting organizations:

a) Supervise designers performing according to the licensed design;

b) Bear the inspection, incur penalties for violations and compensate for damages caused by their mistakes.

2. Construction supervision consulting organizations:

a) Supervise the compliance with the approved design and the issued construction permit in cases where the construction permit is required;

b) Supervise the compliance with the appraised and approved design in cases where the construction permit is exempted;

c) Report to the responsible authorities on the cases where the main investor/construction contractor fails to comply with the approved design and contents of the issued construction permit;

d) Compensate for damages caused by their mistakes.

3. Construction contractors:  

a) Construct and ensure the quality of the work upon its approved design and issued construction permit;

b) Refuse to construct the work of which the owner fails to obtain a construction permit as referred to in laws; refuse to comply with the main investor’s request to construct the work inconsistent with its design and the issued construction permit;

c) Report to the responsible authorities on the cases where the main investor requests to construct the work inconsistently with the approved design and contents of the issued construction permit;

d) Compensate for damages caused by their mistakes.

Chapter II

APPLICATION, POWER AND PROCEDURES FOR THE ISSUANCE OF CONSTRUCTION PERMIT

Article 8. Application for construction permit for new construction works

1. Non-linear construction works:

a) The application form for construction permit, using the form stated in Annex 1 herein;

b) The copy or the file containing the photograph of the original of one of the documents proving the land title as referred to in the law on land. The copy or the file containing the photograph of the original of the written approval for construction site granted by district-level people’s committee shall be submitted if a transmitter station or tower is constructed on the land whose function is not for construction and it is unable to change the land use purpose;   

c) The copies or files containing photographs of two sets of original technical design drawings or construction design drawings which have been approved as referred to in the law on construction, each set consists of:

- The site plan showing the location of the work on the land lot with scale of 1:100 - 1:500, enclosed with the work location diagram;

- Principal plans, elevations and sections of the work with scale of 1:50 - 1:200;

- Foundation plans with scale 1:100 - 1:200 and footing sections with scale of 1:50, enclosed with diagrams for connecting the work with other technical structures such as traffic system, water supply and drainage, sewage treatment system, power supply, communications system and other infrastructures related to the work with scale of 1:50 - 1:200.

2. Linear construction works in urban area:

a) The application form for construction permit, using the form stated in Annex 1 herein;

b) The copy or the file containing the photograph of the original of one of the documents proving the land title as referred to in the law on land or the written approval by the competent authority for the work location and linear plan.

c) The copy or the file containing the photograph of the original of Decision on appropriation of land granted the competent authority as referred to in the law on land;

d) The copies or files containing photographs of two sets of original technical design drawings or construction design drawings which have been approved as referred to in the law on construction, each set consists of:

- The diagram of the linear work with scale 1:100 - 1:500;

- Master plans or contour drawing of the work with scale of 1:500 - 1:5000;

- Principal cross sections of the linear work with scale of 1:50 - 1:200;

- With regard to underground works, the following documents must be supplemented:

+ Cross sections and longitudinal sections which show the depth of the work with scale of 1:50 - 1:200;

+ Diagram of connection to the infrastructure outside the work with scale 1:100 - 1:500.

3. Religious construction works:

The application for construction work includes the documents prescribed in Clause 1 of this Article and the copy or the file containing the photograph of the original written approval by the competent authority for the necessity and the scale of the religious construction work.

4. Faith construction works:

The application for construction permit shall comply with regulations in Clause 1 of this Article.

5. Monuments, grand picture works:

a) The application form for construction permit, using the form stated in Annex 1 herein;

b) The copy or the file containing the photograph of the original of one of the documents proving the land title as referred to in the law on land;

c) The copy or the file containing the photograph of the original of the license or the written approval by the regulatory agency in cultural and historical sites;

d) The copies or files containing photographs of two sets of original technical design drawings or construction design drawings which have been approved as referred to in the law on construction, each set consists of:

- The work location diagram with the scale of 1:100 - 1:500;

- The plans of the work with scale of 1:100 - 1:500;

- Principal elevations and sections of the work with scale of 1:50 - 1:200.

6. Advertisement works:

a) The application form for construction permit, using the form stated in Annex 1 herein;

b) The copy or the file containing the photograph of the original of one of the documents proving the land title as referred to in the law on land. The copy or the file containing the photograph of the original written approval for construction site granted by district-level people’s committee shall be submitted if the work is constructed on the land whose function is not for construction and it is unable to change the land use purpose;  

c) The copy or the file containing the photograph of the original land or work lease contract in case of lease of land or work for building the advertisement work;

d) The copies or files containing photographs of two sets of original technical design drawings or construction design drawings which have been approved as referred to in the law on construction, each set consists of:

- For new construction works:

+ The work location diagram with the scale of 1:50 - 1:500;

+ The plans of the work with scale of 1:50 - 1:500;

+ Footing sections and the work sections with scale of 1:50;

+ Principal elevations of the work with scale of 1:50 - 1:200;

- For the billboard which is attached to a legal existing building:

+ Structural drawing of the work item where the billboard is attached with the scale of 1:50;

+ Elevations of the work to which the billboard is attached with scale of 1:50 - 1:100;

7. Works of diplomatic missions and international organizations:

The applications for construction permit for the works of diplomatic missions, international organizations and foreign agencies in Vietnam shall comply with Clause 1 of this Article and other provisions in Agreements entered into with the Government of Vietnam.

8. In cases where the construction design has been appraised and approved by a specialized construction authority, design drawings regulated in this Article shall be copies or files containing photographs of original drawings which have been approved by specialized construction authorities.

Article 9. Application for phase-based construction permit  

1. Non-linear construction works:

With regard to special-grade or grade-I construction works, the investor who has demand may apply for phase-based construction permit. The application for such type of construction permit consists of:

a) The application form for construction permit, using the form stated in Annex 1 herein;

b) The copy or the file containing the photograph of the original of one of the documents proving the land title as referred to in the law on land. The copy or the file containing the photograph of the original of the written approval for construction site granted by district-level people’s committee shall be submitted if the cell tower or the base transceiver station is constructed on the land whose function is not for construction and it is unable to transform the land use purpose;  

c) The copies or files containing photographs of two sets of original technical design drawings or construction design drawings which have been approved as referred to in the law on construction, each set consists of:

- Phase 1:

+ The site plan showing the location of the work on the land lot with scale of 1:100 – 1:500, enclosed with the work location diagram;

+ Foundation plans with scale 1:100 - 1:200 and footing sections with scale of 1:50, principal plans and sections of the work item which is approved for phase 1 with scale of 1:50 - 1:200, enclosed with diagrams for connecting the work with other technical structures such as traffic system, drainage system, sewage treatment system, water supply, power supply and communications system with scale of 1:100 - 1:200.

- Phase 2:

+ Principal plans, elevations and sections in phase 2 of the work with scale of 1:50 - 1:200;

2. Linear construction works in urban area:

The investment shall take charge of the division of the work into phases in compliance with the investment decision.  The application consists of:

a) The application form for construction permit, using the form stated in Annex 1 herein;

b) The copy or the file containing the photograph of the original of one of the documents proving the land title as referred to in the law on land or the written approval by the competent authority for the work location and linear plan;

c) The copy or the file containing the photograph of the original of Decision on appropriation of land granted the competent authority in connection with the land area for a phase or the entire project as referred to in the law on land;

d) The copies or files containing photographs of two sets of original technical design drawings or construction design drawings which have been approved as referred to in the law on construction, each set consists of:

- The diagram of the linear work with scale of 1:100 - 1:500;

- Master plans or topographical plans and maps of the work with scale of 1:500 - 1:5000;

- Phase-based drawings:

+ Phase-based principal cross sections of the linear work with the scale of 1:50 - 1:200;

+ With regard to underground works, cross sections and longitudinal sections which show the depth of the work according to the construction phase with the scale of 1:50 - 1:200;

+ Diagram of connection to the infrastructure systems according to the construction phase with scale 1:100 - 1:500.

3. In cases where the construction design has been appraised and approved by a specialized construction authority, design drawings regulated in this Article shall be copies or files containing photographs of original drawings which have been approved by specialized construction authorities.

Article 10. Application for construction permit for project  

1. The application form for construction permit, using the form stated in Annex 1 herein.

2. The copy or the file containing the photograph of the original of one of the documents proving the land title as referred to in the law on land.

3. The copies or files containing photographs of two sets of original technical design drawings or construction design drawings which have been approved as referred to in the law on construction, each set consists of:

a) The master plans of the project or the master plans of each phase of the project with the scale of 1:100 - 1:500;

b) The site plan showing the location of each construction work on the land lot with scale of 1:100 – 1:500, enclosed with the work location diagram;

c) Principal elevations and sections of each construction work with scale of 1:50 - 1:200;

d) Foundation plans with scale 1:100 - 1:200 and footing sections with scale of 1:50 of each construction work, enclosed with diagrams for connecting the work with drainage system, sewage treatment system, water supply, power supply and communications systems with scale of 1:50 - 1:200.

In cases where the construction design has been appraised and approved by a specialized construction authority, design drawings regulated in Clause shall be copies or files containing photographs of construction design drawings which have been approved by specialized construction authorities.

4. The copy or the file containing the photograph of the original decision on approval for the investment and construction project.

Article 11. Application for construction permit for detached house

1. The application form for construction permit, using the form stated in Annex 1 herein.

2. The copy or the file containing the photograph of the original of one of the documents proving the land title as referred to in the law on land.

3. The copies or files containing photographs of two sets of original technical design drawings or construction design drawings which have been approved as referred to in the law on construction, each set consists of:

a) The site plan showing the location of the work on the land lot with scale of 1:50 – 1:500, enclosed with the work location diagram;

b) Principal plans of floors, elevations and sections of the work with scale of 1:50 - 1:200;

c) Foundation plans with scale 1:50 - 1:200 and footing sections with scale of 1:50, enclosed with diagrams for connecting the work with drainage system, sewage treatment system, water supply, power supply and communications systems with scale of 1:50 - 1:200.

In cases where the construction design has been appraised and approved by a specialized construction authority, design drawings regulated in Clause shall be copies or files containing photographs of construction design drawings which have been approved by specialized construction authorities.

4. With regard to a house with basement in a densely constructed area, apart from documents regulated in Clauses 1, 2 and 3 of this Article, the application for construction permit shall also include the copy or the file containing the photograph of original written approval by the investor for foundation construction method in order to ensure the safety of the work and adjacent works.

5. If a house is constructed next to another work, the investor’s written commitment on safety of the adjacent work must be submitted.  

Article 12. Application for construction permit for repair/renovation works

1. The application form for construction permit to repair/renovate the building or house, using the form stated in Annex 1 herein.

2. The copy or the file containing the photograph of the original of one of the documents proving the ownership, management and use of the work/house as referred to in laws or the copy of the construction permit issued by competent authority.

3. The copy or the file containing the photograph of the original of the approved drawing on current conditions of a part of the work or the work item in need of repair/renovation with the scale in proportion to the scale of drawings regulated in the application for repair/renovation permit and photos (10 x 15 cm) of existing conditions of that work and adjacent works before the repair/renovation.  

4. With regard to ranked historical/cultural sites and famous landscapes, the application shall also include the copy or the file containing the photograph of the original written approval by the regulatory agency upon its jurisdiction.

Article 13. Application for structure relocation permit

1. The application form for structure relocation permit, using the form stated in Annex 1 herein.

2. The copy or the file containing the photograph of the original of one of the documents proving the land title over the land where the structure will be moved to as referred to in the law on land and legal documents about the ownership of the work in compliance with regulations of the law.

3. The copy or the file containing the photograph of the original master plans where the structure will be moved to with the scale of  1:50 - 1:500.

4. The copy or the file containing the photographs of the original foundation plans with scale of 1:100 - 1:200 and the original of the footing sections with the scale of 1:50 at the place where the structure will be moved to.

5. The copy or the file containing the photograph of the original report on quality survey and assessment of existing conditions carried out by the competent entity.

6. The copy or the file containing the photograph of the original structure relocation plan as referred to in Clause 5 Article 97 of the Law on construction in 2014.

7. In cases where the construction design has been appraised and approved by a specialized construction authority, design drawings regulated in Clause 3 and Clause 4 of this Article shall be copies or files containing photographs of construction design drawings which have been approved by specialized construction authorities.

Article 14. Fixed-term construction permit    

1. Pursuant to regulations in Article 94 of the Law on construction in 2014 and based on the plan for implementation of construction planning and the location of the construction work, provincial people’s committee shall promulgate specific regulations on the scale of the work, the maximum height of the building and the lifespan of the building in order to use as the basis for the issuance of fixed-term construction permit for ensuring safety, environment hygiene, flameproof and explosion proof, architecture, landscape, and meeting requirements on infrastructure and relevant laws.

2. The application for fixed-term construction permit shall be the same as the application for construction permit for each type of construction work or detached house as referred to in Articles 8, 11, 12, 13 of this Circular.  However, the heading of the application form shall be “Application for fixed-term construction permit”.

3. If the lifespan of the building which is constructed under the fixed-term construction permit expires but the Government fails to implement the construction planning, the investor in need of remain the building may request the licensing authority to extend the lifespan of that building.

Article 15. Other required documents of the application for construction permit

Apart from the types of documents required for each type of work/detached house as referred to in Articles 8, 9, 10, 11, 12, 13, 14 of this Circular, the following documents must be supplemented:

1. With regard to the work whose design must be appraised as referred to by laws, the application for construction permit must also include the copy or the file containing the photograph of the original report on design appraisal results made by the specialized construction authority.

2. With regard to the work with basement in a densely constructed area, the application for construction permit must also include the copy or the file containing the photograph of original written commitment made by the investor on the safety of that work and adjacent works.

3. With regard to the work whose design is not yet appraised by a specialized construction authority, the application for construction permit must also include the copy or the file containing the photograph of the original declaration about the competence and experience of the entity in charge of construction design according to the form state in Annex No. 3 herein, enclosed with the copy of the license for construction practice.

The household may self-make the construction design and assume responsibility for the safety of the work which is a detached house with less than 03 storeys and total floor area of less than 250 m² and adjacent works.

4. The copy or the file containing the photograph of original written commitment on the safety of the adjacent work must be included in the application for construction permit for a detached house which is constructed next to another work.

5. For the work in which the investment and construction project is required, the copy or the file containing the photograph of the original investment decision must be submitted.

Article 16. Application for amendment, extension and re-issuance of construction permit

1. Amendment of construction permit:    

a) The application for amendment of construction permit consists of:

- For the works:

+ The application form for amendment of construction permit, using the form stated in Annex 2 herein;

+ The original of the issued construction permit;

+ The copy or the file containing the photographs of originals of plans, elevations and sections of the part of the work or the work item requiring amendment with the scale of 1:50 - 1:200;

+ The copy or the file containing the photograph of the original written approval for amended construction design granted by the competent person as referred to by law, enclosed with the declaration about the competence and experience of the entity in charge of construction design if the construction design is not appraised by a specialized construction authority or the report on appraisal of amended construction design made by a specialized construction authority in conformity with the law on construction.

- For detached houses:

+ The application form for amendment of construction permit, using the form stated in Annex 2 herein;

+ The original of the issued construction permit;

+ The copy or the file containing the photographs of originals of plans, elevations and sections of the part of the work or the work item requiring amendment with the scale of 1:50 - 1:200. The report on design appraisal results must be enclosed in case the construction design must be appraised by a specialized construction authority as regulated by law;

- In cases where the construction design has been appraised and approved by a specialized construction authority, design drawings regulated in this Point shall be copies or files containing photographs of approved construction design drawings.

b) Amended contents shall be recorded directly on the issued construction permit or in a separate annex which is an integral part of the issued construction permit.

2. Extension of construction permit:    

a) The application form for extension of construction permit, using the form stated in Annex 2 herein;

b) The original of the issued construction permit;

The extended period shall be specified in the issued construction permit.

3. Re-issuance of construction permit:     

a) The application for re-issuance of construction permit shall be approved in cases where the issued construction permit is torn, crumpled or lost;

b) The re-issued construction permit is the duplicate;  

c) The application for re-issuance of construction permit consists of:

- The application form for re-issuance of construction permit in which the reason for re-issuance must be specified, using the form stated in Annex 2 herein;

- The original of the issued construction permit (if the issued construction permit is torn or crumpled).

4. Any violations against the issued construction permit must be handled in compliance with current regulations before the application for amendment, extension or re-issuance of construction permit.

Article 17. Procedures and power to issue, amend, extend, re-issue and revoke the construction permit

1. The authorities competent to issue construction permit as referred to in Clause 2 of this Article shall base on conditions in Articles 91, 92, 93, 94 of the Law on construction in 2014 to consider and issue construction permit in accordance with current regulations. Procedures for issuance, amendment, extension or re-issuance of construction permit shall be conducted in compliance with regulations in Article 102 of the Law on construction in 2014.

2. The power to issue, amend, extend, re-issue and revoke the construction permit:

a) Construction permits for special-grade works shall be issued by Ministry of Construction;

b) People’s Committee of province shall assign the Construction Department to take charge of the issuance of construction permit to grade-I and grade-II works; ranked religious works, cultural – historical site works, and monuments or grand picture works in the administrative division under its jurisdiction; the works constructed on the principal routes or streets in urban areas according to regulations of the people’s committee of province; the works of the foreign-invested projects; the works of other projects and other works as assigned by the people’s committee of province;

c) People’s Committee at district level shall be responsible for issuing construction permit to other types of construction works and detached houses in urban area, including detached houses in conservation areas as certified by the Government within the administrative division under its jurisdiction but excluding the subjects mentioned in Points a, b, d of this Clause;  

d) People’s Committee of province may assign management boards of industrial parks, export processing zones, economic zones and high-tech zones, or management boards of urban areas to issue construction permits to the works under their management, except for the works mentioned in Point a of this Clause.

3. The authority that is competent to issue the construction permit shall take charge of amendment, extension, re-issuance and revocation of the issued construction permit.

4. People’s committee of province shall make decision on revocation of the construction permit which has been issued by its inferior in an improper manner.

5. In case the application for construction permit for a project which includes the works of various types and grades is submitted, the authority in charge of issuance of construction permit to the highest-grade work shall issue construction permits to the works of other grades of that project.

6. Construction permits for new construction works, repair/renovation works, structure relocation permits, and fixed-term construction permits shall comply with the form stated in Annex 4 herein.

Chapter III

IMPLEMENTATION

Article 18. Transitional provision

1. With regard to the work which is permitted to construct without the construction permit as referred to by law before the effective date of the law on construction in 2014 but requires the construction permit as regulated in the law on construction in 2014, the investor shall be exempted from obtaining the construction permit provided that the commencement date of that work is before January 01, 2015. Otherwise, if the construction of that work is not yet started, the investor must apply for the construction permit in compliance with the law on construction in 2014, the Government’s Decree No. 59/2015/ND-CP dated June 18, 2015 on management of investment and construction project and guidelines in this Circular.

2. The amendment, re-issuance, extension and revocation of construction permits which have been issued before the effective date of the Law on construction in 2014 shall be conducted in accordance with regulations in this Circular.  The licensing authorities have the power to amend, re-issue, extend or revoke the issued construction permits.

3. If the design of the work which is referred to in Clause 1 of this Article and constructed before January 01, 2015 is amended, the investor shall only request a specialized construction authority to appraise and approve the amended design before using that amended design in construction.  For detached house whose construction design must not be appraised by a specialized construction authority, the investor shall request the competent licensing authority to approve the amended design or consider the amendment of construction permit.

4. If the design of a detached house which belongs to the urban development project and the housing development project and is constructed before January 01, 2015 is changed in a way different from the approved sample or standard design of the project, it does not require to apply for the amendment of the issued construction permit or that house shall be also recognized to conduct relevant transactions or register for the ownership thereof as referred to by law provided that that amended design still ensures norms in the construction planning approved by competent authority.

5. If the amendment of the design of the work which is constructed with the construction permit issued before the effective date of the Law on construction in 2014 and eligible for exemption from the construction permit as referred to in the Law on construction in 2014 results in the change of contents in the issued construction permit, the application for amendment of construction permit must be carried out in compliance with regulations in this Circular.

Article 19. Effect

1. This Circular takes effect as of August 15, 2016.

2. This Circular replaces the Circular No. 10/2012/TT-BXD dated December 20, 2012 of Ministry of Construction on guiding the implementation of a number of contents of the Government's Decree No. 64/2012/ND-CP dated September 04, 2012 on the issuance of construction permit and regulations on the issuance of construction permits in the Circular No. 19/2009/TT-BXD dated June 30, 2009 of Ministry of Construction on management of investment and construction in industrial parks and economic zones.

3. Ministries, Ministerial-level agencies, people’s committees at all levels and relevant entities shall be responsible for implementing this Circular./.

ANNEX NO. 1

(Promulgated under the Circular No. 15/2016/TT-BXD dated June 30, 2016 of Ministry of Construction)

SOCIALIST REPUBLIC OF VIETNAM
Independence – Freedom – Happiness
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APPLICATION FORM FOR CONSTRUCTION PERMIT

(Applied to non-linear construction works/ Linear construction works in urban area/ Monuments or grand picture works/ Advertisement works/ Detached house/ Repair or renovation works/ Construction phases of non-linear construction works or linear construction works in urban areas or projects or structure relocation)

To:………………………….

1. Investor’s information:

- Name of the investor (householder): ………………………………………………………

- Representative:…………………………………….. Position (if any): …………………..

- Contact address:………………………………………………………………………………

- House number: ………………………… Street/ Quarter:………………….. Ward/ Commune:……………………………………….

- Urban/ Suburban district:……………………………… Province/ City:……………………

- Telephone number: …………………………………………………………………………….

2. Information about the work:

- Construction location:……………………………………………………………………………

- Land lot No.: ……………………….. Area: ………………. m².

- At the house number: …………………………. Street/ Quarter: …………………

- Ward/ Commune:………………………………………. Urban/ Suburban district:………..

- Province/ City:…………………………………………………………………………………..

3. Contents of the application for construction permit:

3.1. For non-linear construction work:

- Type of the work: ………………………………… Grade of the work: ……………………

- Building area: ………………. m².

- Construction elevation: ……… m

- Total floor area: …………m² (floor areas of basements, storeys above the ground, technical storey, mezzanine and attic must be specified).

- The height of the work: …………m (the height of basesments, storeys above the ground, technical storey, mezzanine and attic must be specified).

- Number of storeys:  (the number of basesments, storeys above the ground, technical storey, mezzanine and attic must be specified)

3.2. For linear construction works in urban area:

- Type of the work: ………………………………… Grade of the work: ………………………

- Total length of the work: …………….. m (specify the length of the work going through each specific area, each commune/ward, urban/suburban district, province/city).

- Elevation of the work: ………..m (specify the elevation through each area)

- Clearance height of the linear work: …….. m (specify the height through areas).

- Depth of the work: ………..m (specify the depth through each area)

3.3. For monuments, grand picture works:

- Type of the work: ………………………………… Grade of the work: ………………………

- Building area: ………………. ……….m².

- Construction elevation: ……… m

- Height of the work: ……………..m

3.4. For advertisement works:

- Type of the work: ………………………………… Grade of the work: ………………………

- Building area: ………………. ……………..m².

- Construction elevation: ……… m

- Height of the work: ……………..m

- Advertisement contents: ………………………….

3.5. For detached house:

- Grade of the work: …………………………………

- Building area of the 1^st floor (ground floor): ………m².

- Total floor area: ………..m² (floor areas of basesments, storeys above the ground, technical storey, mezzanine and attic must be specified).

- The height of the work: …………m (the height of basesments, storeys above the ground, mezzanine and attic must be specified).

- Number of storeys:  (the number of basesments, storeys above the ground, technical storey, mezzanine and attic must be specified)

3.6. For repair/renovation works:

- Type of the work:………………………….  Grade of the work: …………………………

- Building area of the 1^st floor (groundfloor): ……….m².

- Total floor area: …………m² (floor areas of basesments, storeys above the ground, technical storey, mezzanine and attics must be specified).

- The height of the work: …………m (the height of basesments, storeys above the ground, mezzanine and attic must be specified).

- Number of storeys:  (the number of basesments, storeys above the ground, technical storey, mezzanine and attic must be specified)

3.7. Issuance of phase-based construction permit for non-linear construction works:

- Phase 1:

+ Type of the work: ………………………………… Grade of the work: ……………………

+ Building area: ………………. …….m².

+ Construction elevation: ……… m

+ Depth of the work: ………m (from the construction elevation)

- Phase 2:

+ Total floor area: …………m² (floor areas of basesments, storeys above the ground, technical storey, mezzanine and attic must be specified).

+ The height of the work: …………m (the height of basesments, storeys above the ground, mezzanine and attic must be specified).

+ Number of storeys: …… (the number of basesments, storeys above the ground, technical storey, mezzanine and attic must be specified)

3.8. Issuance of phase-based construction permit for linear construction works in urban area:

- Type of the work: ………………………………… Grade of the work: ……………………

- Total length of the work according to the construction phase: …………….. m (specify the length of the work through each specific area, each commune/ward, urban/suburban disrtict, province/city).

- Elevation of the work: ………..m (specify the elevation through each area according to the construction phase)

- Clearance height of the linear work: …….. m (specify the height through areas according to the construction phase).

- Depth of the work: ………..m (specify the depth through each area according to the construction phase)

3.9. Issuance of construction permit to a Project:

- Name of the project: ……………………………………

+ The project is approved by……………… under the Decision No……….dated………..

- The project consists of: (n) works

Where:

+ The work No. (1-n): (name of the work)

* Type of the work: ………………………………… Grade of the work: ……………………

* Basic information about the work: ……………………………………………………

3.10. For structure relocation:

- Name of the relocated work:

- Type of the work: ………………………………… Grade of the work: ……………………

- Building area of the 1^st floor (groundfloor): ……………………………………………m².

- Total floor area: …………………………………………………………………m².

- The height of the work: ………………………………………………………………m.

- Location where the work is moved to:…………………………………………………………

- Land lot No.: ……………………………… Area: …………………………………m².

- At:………………………………………. Street: ………………………………..

- Ward (commune):………………………………………. Urban (suburban) district:…………………………

- Province/ City:…………………………………………………………………………………..

- Number of storeys: ……………………………………………………………………

4. Designing organization or head of design: …………………………………

- Name of designing organization: ……………………………

- Certificate of competence in construction (if any): No……………. Issued date: …………

- Name of head of design: …………………………………

- Practicing certificate No………………. Issuing authority:……………. Issued date: ………

- Address: …………………………………………………………………………

- Telephone: …………………………………………………………………………

- Practicing license No. (if any): …………………………. Issued date: ……………………..

5. Planned period for completing the work: …………… months.

6. Commitment: I undertake that I shall strictly comply with the issued construction permit and be ready to assume liabilities and face penalties for violations in compliance with current laws.  

Enclosed documents:

1 -

2 -

ANNEX NO. 2

(Promulgated under the Circular No. 15/2016/TT-BXD dated June 30, 2016 of Ministry of Construction)

SOCIALIST REPUBLIC OF VIETNAM
Independence – Freedom – Happiness
--------------

APPLICATION FOR AMENDMENT/ EXTENSION/ RE-ISSUANCE OF CONSTRUCTION PERMIT
(Applied to detached houses/ works)

To:………………………….

1. Name of the investor (Householder): ………………………………………………………

- Representative:…………………………………….. Position: ………….…………………..

- Contact address:………………………………………………………………………………

- House number: ………………………… Street (Quarter):………………….. Ward (Commune):……………………………………….

- Urban (suburban) district:………………………… Province or City: …………………….

- Telephone number: …………………………………………………………………………..

2. Construction location:………………………………………………………………………..

- Land lot No.: ……………………….. Area: ………………. ………………………..m².

- At:…………………………………………………………. Street: ………………………….

- Ward (commune):………………………………………. Urban (suburban) district:…………………………

- Province or City:………………………………………………………………………………

3. The issued construction permit: (number, issued date and issuing authority)

Contents of the issued construction permit:

-

4. Amended contents (or reasons for extension/re-issuance of construction permit):

-

5. Designing organization or head of design: …………………………………

- Name of designing organization: ……………………………

- Certificate of competence in construction (if any): No…………………. Issued date: ……

- Name of head of design: …………………………………

- Practicing certificate No………………. Issuing authority:…………….Issued date: ………

- Address: …………………………………………………………………………

- Telephone: …………………………………………………………………………

- Practicing license No. (if any): …………………………. Issued date: ……………………..

6. Planned period for completing the work according to amended design/ extension: …………… months.

7. Commitment: I undertake that I shall strictly comply with the amended construction permit and be ready to assume liabilities and face penalities for violations in compliance with current laws. 

Enclosed documents:

1 -

2 -

ANNEX NO. 3

(Promulgated under the Circular No. 15/2016/TT-BXD dated June 30, 2016 of Ministry of Construction)

SOCIALIST REPUBLIC OF VIETNAM
Independence – Freedom – Happiness
--------------

DECLARATION ABOUT COMPETENCE AND EXPERIENCE OF ENTITY IN CHARGE OF CONSTRUCTION DESIGN

1. Name of designing organization: ……………………………

1.1. Name: ……………………………………

1.2. Address: …………………………………………………………………………

1.3. Telephone: …………………………………………………………………………

1.4. Contents of business registration: ……………………………………

2. Experience in design: …………………………………

2.1. At least 03 works whose design is similar to that of the work requiring the construction permit are specified:

a) ……………………………………

b) ……………………………………

2.2. The entity directly taking charge of design:

a) Quantity: ………………………….

Where:

-  Architects: ……………………………………

- Engineers: ……………………………………

b) Head of design:

- Full name: ……………………………………

- Number of practicing certificate (the photocopy of practicing certificate must be attached hereto): ……………………………………

- The works of which he/she has acted as the head of design/ chief designer (the work's name, scale, investor, address): ……………………………………

c) Chief designers (chief designers of all modules must be specified):

- Full name: ……………………………………

- Number of practicing certificate (the photocopy of practicing certificate must be attached hereto): ……………………………………

- The works of which he/she has acted as the head of design/chief designer (the work's name, scale, investor, address): ……………………………………

ANNEX NO. 4 (form 1)

(Page 1)

(Promulgated under the Circular No. 15/2016/TT-BXD dated June 30, 2016 of Ministry of Construction)

  CONSTRUCTION PERMIT

No.:               /GPXD

(Issued to non-linear construction works)

1. This construction permit is issued to: …………………………………………….

- Address:

House No.: ……. Street (Quarter): ………………… Ward (commune):………………………………………. Urban (suburban) district: ………. Province or City: …………………………

2. The above entity is allowed to construct the work: (name of the work): …………………

- According to design: ……………………………

- Made by (name of consulting organization):…………………………

- Appraised or verified by (if any): ………………………………

- With the following contents:

+ Construction location (specify the land lot and address): ………………………………

+ Floor level of the work: …………………….

+ Building density: ……………………., land-use factor: ………………………..

+ Red boundary line: ……………………, Set back line: ……………………..

+ Color of the work: …………………………………

+ Depth of the work (for the work with basement, from the elevation of 0.00): ……………………………….

With regard to a civil construction work or industrial construction work, the following contents shall be additionally specified:

+ Building area of the 1^st floor (groundfloor): ………m².

+ Total floor area (including area of basesments and mezzanine): ……….. m²

+ Height of the work: ……………..m;

+ Number of storeys (the number of basesments and of mezzanines are specified): …………..

For regions where the urban design is approved, relevant contents shall be supplement as referred to in Regulations on urban planning and architectural management.

3. Land-related documents: ………………………………..

4. This construction permit is valid within 12 months from the issued date. Over the said period, an application for extension of construction permit must be submitted.

(Page 2)

THE INVESTOR MUST COMPLY WITH THE FOLLOWING CONTENTS:

1. Assume responsibility before the law if the construction infringes on lawful rights of owners of adjacent buildings.

2. Strictly abide by regulations of the law on land, the law on investment and construction, and this construction permit.

3. Inform the licensing authority of the commencement date of the work in a timely manner before the construction of the work is started.

4. Present this construction permit to competent authorities at their requests as referred to by law and hang up signs at the construction site in accordance with the law.

5. Request for amendment of the construction permit and comply with decision thereof by the licensing authority when carrying out the amendment of construction design which results in change of any of the contents as prescribed in Clause 1 Article 98 of the Law on construction in 2014.

AMENDMENT/ EXTENSION OF CONSTRUCTION PERMIT

1. Contents of amendment/extension: ………………………………………………………

2. Effect of the construction permit: ………………………………….

ANNEX NO. 4 (form 2)

(Page 1)

(Promulgated under the Circular No. 15/2016/TT-BXD dated June 30, 2016 of Ministry of Construction)

  CONSTRUCTION PERMIT

No.:               /GPXD

(Issued to underground works)

1. This construction permit is issued to: …………………………………………….

- Address:

- House No………… Street (Quarter)………….. Ward (commune):………….. Urban (suburban) district: ………… Province or City: …………………………

2. The above entity is allowed to construct the work with the following contents: …………

- According to design: ……………………………

- Made by (name of consulting organization):…………………………

- Appraised or verified by (if any): ………………………………

- With the following contents:

- Name of the work: …………………………………

- Construction location: ………………………………

+ Beginning point of the work (for linear construction work): ……………………..

+ Ending point of the work (for linear construction work): ……………………..

- Scale of the work: …………………………………

- Total length of the work: ………………………………………………………………m.

- The width of the work: ………from:……..m, to:…………m.

- The depth of the work: ………from:……..m, to:…………m.

- Smallest space to adjacent works: …………………………………………..

3. Land-related documents: ………………………………..

4. This construction permit is valid within 12 months from the issued date. Over the said period, an application for extension of construction permit must be submitted.

(Page 2)

THE INVESTOR MUST COMPLY WITH THE FOLLOWING CONTENTS:

1. Assume responsibility before the law if the construction infringes on lawful rights of owners of adjacent buildings.

2. Strictly abide by regulations of the law on land, the law on investment and construction, and this construction permit.

3. Inform the licensing authority of the commencement date of the work in a timely manner before the construction of the work is started.

4. Present this construction permit to competent authorities at their requests as referred to by law and hang up signs at the construction site in accordance with the law.

5. Request for amendment of the construction permit and comply with decision thereof by the licensing authority when carrying out the amendment of construction design which results in change of any of the contents as prescribed in Clause 1 Article 98 of the Law on construction in 2014.

AMENDMENT/ EXTENSION OF CONSTRUCTION PERMIT    

1. Contents of amendment/extension: ………………………………………………………

2. Effect of the construction permit: ………………………………….

ANNEX NO. 4 (form 3)

(Page 1)

(Promulgated under the Circular No. 15/2016/TT-BXD dated June 30, 2016 of Ministry of Construction)

  CONSTRUCTION PERMIT

No.:               /GPXD

(Issued to linear construction works in urban area)

1. This construction permit is issued to: …………………………………………….

- Address:

- House No.: ……. Street: …………….. Ward (commune):………………………………………. Urban (suburban) district: ………. Province or City: …………………………

2. The above entity is allowed to construct the work: (name of the work): …………………

- According to design: ……………………………

- Made by (name of consulting organization):…………………………

- Appraised or verified by (if any): ………………………………

- With the following contents:

+ Construction location (specify location and address): ………………………………

+ Direction of the linear construction work: …………………………………

+ Floor level of the work: …………………….

+ Depth of the work (for linear construction work): ……………………………….

3. Land-related documents: ………………………………..

4. This construction permit is valid within 12 months from the issued date. Over the said period, an application for extension of construction permit must be submitted.

(Page 2)

THE INVESTOR MUST COMPLY WITH THE FOLLOWING CONTENTS:

1. Assume responsibility before the law if the construction infringes on lawful rights of owners of adjacent buildings.

2. Strictly abide by regulations of the law on land, the law on investment and construction, and this construction permit.

3. Inform the licensing authority of the commencement date of the work in a timely manner before the construction of the work is started.

4. Present this construction permit to competent authorities at their requests as referred to by law and hang up signs at the construction site in accordance with the law.

5. Request for amendment of the construction permit and comply with decision thereof by the licensing authority when carrying out the amendment of construction design which results in change of any of the contents as prescribed in Clause 1 Article 98 of the Law on construction in 2014.

AMENDMENT/ EXTENSION OF CONSTRUCTION PERMIT

1. Contents of amendment/extension: ………………………………………………………

2. Effect of the construction permit: ………………………………….

ANNEX NO. 4 (form 4)

(Page 1)

(Promulgated under the Circular No. 15/2016/TT-BXD dated June 30, 2016 of Ministry of Construction)

  CONSTRUCTION PERMIT

No.:               /GPXD

(Phase-based construction permit for non-linear construction works)

1. This construction permit is issued to: …………………………………………….

- Address:

- House No.: ……. Street: …………….. Ward (Commune):………………………………………. Urban (suburban) district: …………………. Province or City: …………………………

2. The above entity is allowed to construct the work item: (name of the work item) ………

- According to design: ……………………………

- Made by (name of consulting organization):…………………………

- Appraised or verified by (if any): ………………………………

- With the following contents:

* Phase 1:

+ Construction location (specify the land lot and address): ………………………………

+ Floor level of the work: …………………….

+ Building density: ……………………., land-use factor: ………………………..

+ Red boundary line: ……………………, Set back line: ……………………..

+ Building area: ………………. m².

* Phase 2:

+ Total floor area: ………………. m²

+ Height of the work: ……………..m

+ Number of storeys (the number of basesments and of mezzanines are specified): …………..storeys

+ Color of the work: …………………………………

For regions where the urban design is approved, relevant contents shall be supplemented as referred to in Regulations on urban planning and architectural management.

3. Land-related documents: ………………………………..

4. This construction permit is valid within 12 months from the issued date. Over the said period, an application for extension of construction permit must be submitted.

(Page 2)

THE INVESTOR MUST COMPLY WITH THE FOLLOWING CONTENTS:

1. Assume responsibility before the law if the construction infringes on lawful rights of owners of adjacent buildings.

2. Strictly abide by regulations of the law on land, the law on investment and construction, and this construction permit.

3. Inform the licensing authority of the commencement date of the work in a timely manner before the construction of the work is started.

4. Present this construction permit to competent authorities at their requests as referred to by law and hang up signs at the construction site in accordance with the law.

5. Request for amendment of the construction permit and comply with decision thereof by the licensing authority when carrying out the amendment of construction design which results in change of any of the contents as prescribed in Clause 1 Article 98 of the Law on construction in 2014.

AMENDMENT/ EXTENSION OF CONSTRUCTION PERMIT

1. Contents of amendment/extension: ………………………………………………………

2. Effect of the construction permit: ………………………………….

ANNEX NO. 4 (form 5)

(Page 1)

(Promulgated under the Circular No. 15/2016/TT-BXD dated June 30, 2016 of Ministry of Construction)

  CONSTRUCTION PERMIT

No.:               /GPXD

(Phase-based construction permit issued to linear construction works in urban area)

1. This construction permit is issued to: …………………………………………….

- Address:

- House No.: ……. Street: …………….. Ward (Commune):…………….. Urban (Suburban) District: ………………  Province or City:…………………………

2. The above entity is allowed to construct the work item: (name of the work item): ………

- According to design: ……………………………

- Made by (name of consulting organization):…………………………

- Appraised or verified by (if any): ………………………………

- With the following contents:

* Phase 1:

+ Construction location (specify location and address): ………………………………

+ Direction of the linear construction work: …………………………………

+ Floor level of the work: …………………….

+ Depth of the work (for linear underground construction work): ……………………..

* Phase 2:

+ Construction location (specify location and address): ………………………………

+ Direction of the linear construction work: …………………………………

+ Floor level of the work: …………………….

+ Depth of the work (for linear underground construction work): ……………………..

3. Land-related documents: ………………………………..

4. This construction permit is valid within 12 months from the issued date. Over the said period, an application for extension of construction permit must be submitted.

(Page 2)

THE INVESTOR MUST COMPLY WITH THE FOLLOWING CONTENTS:

1. Assume responsibility before the law if the construction infringes on lawful rights of owners of adjacent buildings.

2. Strictly abide by regulations of the law on land, the law on investment and construction, and this construction permit.

3. Inform the licensing authority of the commencement date of the work in a timely manner before the construction of the work is started.

4. Present this construction permit to competent authorities at their requests as referred to by law and hang up signs at the construction site in accordance with the law.

5. Request for amendment of the construction permit and comply with decision thereof by the licensing authority when carrying out the amendment of construction design which results in change of any of the contents as prescribed in Clause 1 Article 98 of the Law on construction in 2014.

AMENDMENT/ EXTENSION OF CONSTRUCTION PERMIT

1. Contents of amendment/extension: ………………………………………………………

2. Effect of the construction permit: ………………………………….

ANNEX NO. 4 (form 6)

(Page 1)

(Promulgated under the Circular No. 15/2016/TT-BXD dated June 30, 2016 of Ministry of Construction)

  CONSTRUCTION PERMIT

No.:               /GPXD

(Issued to projects)

1. This construction permit is issued to: …………………………………………….

- Address: …………………………………………………………………………

House No.: ……. Street (Quarter): ………………… Ward (Commune):………………………………………. Urban (Suburban) District: ………………… Province or City:…………………………

2. The above entity is allowed to construct the work belonging to the project: …………………….

- Total number of works: (n) works

- The work No. (1-n): ……………………

(Specify appropriate contents mentioned in Forms No. 1, 2, 3, 4, 5 according to each type of the work for which the construction permit is applied)

3. Land-related documents: ………………………………..

4. Certification of in-progress works:

- The work: …………………………………

- The work: …………………………………

5. This construction permit is valid for construction within 12 months from the issued date. Over the said period, an application for extension of construction permit must be submitted.

(Page 2)

The investor must comply with the following contents:

1. Assume responsibility before the law if the construction infringes on lawful rights of owners of adjacent buildings.

2. Strictly abide by regulations of the law on land, the law on investment and construction, and this construction permit.

3. Inform the licensing authority of the commencement date of the work in a timely manner before the construction of the work is started.

4. Present this construction permit to competent authorities at their requests as referred to by law and hang up signs at the construction site in accordance with the law.

5. Request for amendment of the construction permit and comply with decision thereof by the licensing authority when carrying out the amendment of construction design which results in change of any of the contents as prescribed in Clause 1 Article 98 of the Law on construction in 2014.

AMENDMENT/ EXTENSION OF CONSTRUCTION PERMIT

1. Contents of amendment/extension: ………………………………………………………

2. Effect of the construction permit: ………………………………….

ANNEX NO. 4 (form 7)

(Page 1)

(Promulgated under the Circular No. 15/2016/TT-BXD dated June 30, 2016 of Ministry of Construction)

  CONSTRUCTION PERMIT

No.:               /GPXD

(Issued to detached houses)

1. This construction permit is issued to: …………………………………………….

- Address: …………………………………………………………………………

- House No.: ………………… Street: …………. Ward (Commune):………………………………………. Urban (Suburban) District: …………………  Province or City: …………………………

2. The above entity is allowed to construct the work: (name of the work): ………………

- According to design: ……………………………

- Made by: …………………………………….

- With the following contents:

+ Construction location (specify the land lot and address): ………………………………

+ Floor level of the work: …………………….

+ Building density: ……………………., land-use factor: ………………………..

+ Red boundary line: ……………………, Set back line: ……………………..

+ Color of the work (if any): …………………………………

+ Building area of the 1^st floor (groundfloor): ……………..…m².

+ Total floor area (including area of basesments and mezzanine): ……….……..…m²

+ Height of the work: ……………..m; Number of storeys: ……………..

For regions where the urban design is approved, relevant contents shall be supplemented as referred to in Regulations on urban planning and architectural management.

3. Land-related documents: ………………………………..

4. This construction permit is valid within 12 months from the issued date. Over the said period, an application for extension of construction permit must be submitted.

(Page 2)

THE INVESTOR MUST COMPLY WITH THE FOLLOWING CONTENTS:

1. Assume responsibility before the law if the construction infringes on lawful rights of owners of adjacent buildings.

2. Strictly abide by regulations of the law on land, the law on investment and construction, and this construction permit.

3. Inform the licensing authority of the commencement date of the work in a timely manner before the construction of the work is started.

4. Present this construction permit to competent authorities at their requests as referred to by law and hang up signs at the construction site in accordance with the law.

5. Request for amendment of the construction permit and comply with decision thereof by the licensing authority when carrying out the amendment of construction design which results in change of any of the contents as prescribed in Clause 1 Article 98 of the Law on construction in 2014.

AMENDMENT/ EXTENSION OF CONSTRUCTION PERMIT

1. Contents of amendment/extension: ………………………………………………………

2. Effect of the construction permit: ………………………………….

ANNEX NO. 4 (form 8)

(Page 1)

(Promulgated under the Circular No. 15/2016/TT-BXD dated June 30, 2016 of Ministry of Construction)

PERMIT FOR REPAIR/RENOVATION OF BUILDING/HOUSE

No.:     /GPSC (GPCT)

1. This permit is issued to: …………………………………………….

- Address: …………………………………………………………………………

- Representative: ………………………………. Position: ……………………………….

- Contact address:………………………………………………………………………………

- House No.: ……. Street (Quarter)……………….. Ward (Commune) ……………………

- Urban (suburban) district:………………………… Province or City: ………………………

- Telephone number: …………………………………………………………………………….

2. Existing conditions of the work: …………………………………

- Land lot No.: ……………………….. Area: ………………. m².

- At:…………………………………………………………. …………………………………….

Ward (Commune):…………….. Urban (Suburban) District: ………………  Province or City:…………………………

- Type of the work:………………………….  Grade of the work: …………………………

- Building area of the 1^st floor (groundfloor): ………..m².

- Total floor area: …………m² (floor areas of basesments, storeys above the ground, technical storey, mezzanine and attic must be specified).

- The height of the work: …………m (the height of basesments, storeys above the ground, mezzanine and attic must be specified).

- Number of storeys:  (the number of basesments, storeys above the ground, technical storeys, mezzanines and attics must be specified)

3. The above entity is allowed to do repair/renovation with the following contents: …………………….

- Type of the work: ………………………………… Grade of the work: …………………………………

- Renovated area: ………………. …….m².

- Total floor area: …….m² (floor areas of basesments, storeys above the ground, technical storey, mezzanine and attic must be specified).

- The height of the work: …………m (the height of basesments, storeys above the ground, mezzanine and attic must be specified).

- Number of storeys:  (the number of basesments, storeys above the ground, technical storeys, mezzanines and attics must be specified)

4. Documents about the land-use right and ownership of the work:……………………..

5. This permit is valid within 12 months from the issued date. Over the said period, an application for extension of construction permit must be submitted.

(Page 2)

THE INVESTOR MUST COMPLY WITH THE FOLLOWING CONTENTS:

1. Assume responsibility before the law if the construction infringes on lawful rights of owners of adjacent buildings.

2. Strictly abide by regulations of the law on land, the law on investment and construction, and this construction permit.

3. Inform the licensing authority of the commencement date of the work in a timely manner before the construction of the work is started.

4. Present this construction permit to competent authorities at their requests as referred to by law and hang up signs at the construction site in accordance with the law.

5. Request for amendment of the construction permit and comply with decision thereof by the licensing authority when carrying out the amendment of construction design which results in change of any of the contents as prescribed in Clause 1 Article 98 of the Law on construction in 2014.

AMENDMENT/ EXTENSION OF CONSTRUCTION PERMIT

1. Contents of amendment/extension: ………………………………………………………

2. Effect of the construction permit: ………………………………….

ANNEX NO. 4 (form 9)

(Page 1)

(Promulgated under the Circular No. 15/2016/TT-BXD dated June 30, 2016 of Ministry of Construction)

STRUCTURE RELOCATION PERMIT

No.:               /GPDDCT

1. This permit is issued to: …………………………………………….

- Address: …………………………………………………………………………

- House No.: ……. Street (Quarter): …………………………………………………………..

- Ward (commune):………………………………………. Urban (suburban) district:…………………………

- Province or City:…………………………………………………………………………………..

2. To move the following building:

- Name of the building: …………………………………

- From the location: (specify the land lot and address)

- Scale of the building: (premise area, height of the building)   

- To the location:……………….. (specify the land lot and address)

- The land lot where the building is moved to: (area, boundary)

- Floor level where the building is moved to:……………………………………………………

- Red boundary line and set back line: ……………………..

3. Relocation period: From [date]……………………. To [date]………………

4. Over the period permitted herein, an application for extension of the permit must be submitted.

(Page 2)

THE INVESTOR MUST COMPLY WITH THE FOLLOWING CONTENTS:

1. Assume responsibility before the law if the construction infringes on lawful rights of owners of adjacent buildings.

2. Strictly abide by regulations of the law on land, the law on investment and construction, and this construction permit.

3. Inform the licensing authority of the commencement date of the work in a timely manner before the construction of the work is started.

4. Present this construction permit to competent authorities at their requests as referred to by law and hang up signs at the construction site in accordance with the law.

5. Request for amendment of the construction permit and comply with decision thereof by the licensing authority when carrying out the amendment of construction design which results in change of any of the contents as prescribed in Clause 1 Article 98 of the Law on construction in 2014.

AMENDMENT/ EXTENSION OF STRUCTURE RELOCATION PERMIT

1. Contents of amendment/extension: ………………………………………………………

2. Effect of the structure relocation permit: ………………………………….

ANNEX NO. 4 (form 10)

(Page 1)

(Promulgated under the Circular No. 15/2016/TT-BXD dated June 30, 2016 of Ministry of Construction)

FIXED-TERM CONSTRUCTION PERMIT

No.:               /GPXD

(Issued to the works and detached houses)

1. Contents of the fixed-term construction permit are similar to contents of construction permit for types of works and detached houses.

2. The work is allowed to exist up to: [date] ……………………

3. The investor must demolish the building without any claim for compensation for the building which is constructed under the fixed-term construction permit when the Government implements the planning according to the period defined in the issued fixed-term construction permit.

4. This permit is valid within 12 months from the issued date. Over the said period, an application for extension of construction permit must be submitted.

(Page 2)

THE INVESTOR MUST COMPLY WITH THE FOLLOWING CONTENTS:

1. Assume responsibility before the law if the construction infringes on lawful rights of owners of adjacent buildings.

2. Strictly abide by regulations of the law on land, the law on investment and construction, and this construction permit.

3. Inform the licensing authority of the commencement date of the work in a timely manner before the construction of the work is started.

4. Present this construction permit to competent authorities at their requests as referred to by law and hang up signs at the construction site in accordance with the law.

5. Request for amendment of the construction permit and comply with decision thereof by the licensing authority when carrying out the amendment of construction design which results in change of any of the contents as prescribed in Clause 1 Article 98 of the Law on construction in 2014.

AMENDMENT/ EXTENSION OF CONSTRUCTION PERMIT

1. Contents of amendment/extension: ………………………………………………………

2. Effect of the construction permit: ………………………………….