Chương II Thông tư 15/2016/TT-BXD: Hồ sơ, thẩm quyền và quy trình cấp giấy phép xây dựng

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.