Chương III Thông tư 15/2016/TT-BXD: Điều khoản thi hành

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./.