Chương I Thông tư 15/2016/TT-BXD: Quy định chung

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.