Circular No. 03/2000/TT-BXD on Amending and Supplementing Circular Jointly Issued No. 09/1999/TTLT-BXD-TCĐC dated December 10, 1999 by the Ministry of Construction and the General Department of Land Administration guiding the issuance of construction permits

CIRCULAR

Regarding the amendment and supplementation of Circular Joint Circular No. 09/1999/TTLT-BXD-TCĐC dated December 10, 1999, issued by the Ministry of Construction and the Land Administration General Department on issuing construction permits

Pursuant to Decree No. 15/CP dated March 4, 1994 of the Government on the functions, tasks, powers, and organizational structure of the Ministry of Construction;

Pursuant to Decree No. 52/1999/NĐ-CP dated July 8, 1999 of the Government promulgating the Regulations on Investment Management and Construction and Decree No. 12/2000/NĐ-CP dated May 5, 2000 of the Government amending and supplementing certain articles of the Construction Investment Management and Construction Regulation promulgated together with Decree No. 52/1999/NĐ-CP dated July 8, 1999 of the Government;

After reaching consensus with the Land Administration General Department, the Ministry of Construction amends and supplements some points in the Circular Joint Circular guiding the issuance of construction permits No. 09/1999/TTLT-BXD-TCĐC dated December 10, 1999, issued by the Ministry of Construction and the Land Administration General Department as follows:

1/Supplement Point 4.3 of Clause 4, Part I:

For residential houses of households and individuals with a height of up to three floors (one ground floor + two upper floors) and a floor area not exceeding 200 square meters, the investor may prepare the design and construction dossier according to the guidance of the Construction Department and must bear full responsibility under the law for the safety and durability of the project;

For residential houses of households and individuals with a height greater than three floors and a floor area exceeding 200 square meters, the investor may also prepare the design and construction dossier according to the guidance of the Construction Department, but the design and construction dossier prepared by the investor must be reviewed and confirmed by a design consultancy agency with the function of ensuring compliance with the Building Standards and Technical Regulations issued by the competent state authority;

2/Repeal Clause 4, Part IV regarding construction permits in Hanoi City and Ho Chi Minh City;

3/Amend Clause 5, Part V on monitoring the implementation of construction permits as follows:

Investors must strictly comply with the provisions set forth in the construction permit;

When there is a need to change or supplement the contents recorded in the construction permit, the investor must submit an application to the construction permit issuing authority, clearly explaining the reasons and the changes or additions required;

The competent authority issuing the construction permit shall examine and decide on the changes or additions to the construction permit within ten days from the date of receipt of the investor's explanation letter;

When positioning the project, determining the elevation of the zero level, laying the foundation, and underground works, the investor must inform the construction permit issuing authority so that it can send staff to inspect the site and confirm the construction work in accordance with the issued construction permit. If, within three days from the date of receipt of the investor's notification, the construction permit issuing authority does not send personnel to inspect the site, the investor may continue construction. Any defects caused by delayed inspection shall be the responsibility of the construction permit issuing authority;± For the remaining construction stages, the investor must construct in accordance with the issued construction permit. In case the investor constructs contrary to the provisions of the construction permit, they must be dealt with according to the law before continuing construction;

Upon completion of the construction, the investor must organize acceptance in accordance with the law on construction quality management;

In cases where the construction has changed from the construction permit but for valid reasons and have been approved by the construction permit issuing authority, such changes must be reflected in the completion dossier;

This circular takes effect fifteen days from the date of signature. Previous guidelines inconsistent with this circular are no longer effective./.

This Circular takes effect fifteen days after the date of issuance. Any previous guidelines that conflict with this Circular shall no longer be effective./.