Circular No. 05-BXD/KTQH on issuing construction permits

CIRCULAR

Guidelines for 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;

BASED ON Decree No. 91/CP dated August 17, 1994 of the Government promulgating the Urban Planning Management Regulation; Decree No. 191/CP dated December 28, 1994 of the Government promulgating the Regulation on the Formation, Review, and Implementation of Direct Foreign Investment Projects; and Decree No. 42/CP dated July 16, 1996 of the Government promulgating the Construction Investment Management Regulation;

The Ministry of Construction guides the issuance of construction permits for projects as follows:

2. Individuals who have registered as the principal investigator of a Research Project or Pilot Production Project and those participating in its implementation shall not participate in the Evaluation and Selection Council for that Research Project or Pilot Production Project (hereinafter referred to as the Council). In necessary cases, members of the Council may be staff members of the organization registering as the principal investigator of the Research Project or Pilot Production Project, but not more than one person and they cannot serve as Chairperson, Vice-Chairperson, or reviewing member.

1. Purpose of issuing construction permits:

1.1. To strictly manage land use in accordance with urban planning approved by competent state authorities;

1.2. To protect natural scenery, urban environment, cultural and historical heritage, and valuable architectural works;

1.3. To ensure that construction and use of buildings comply with laws and urban planning;

1.4. To serve as a basis for registering ownership or use of buildings.

2. Subjects eligible for construction permits and scope of application:

All projects must obtain a construction permit before new construction, renovation, expansion, repair, restoration, or refurbishment within urban areas and outside urban areas designated for urban development, except in the following cases where construction permits are exempted:

2.1. Projects under Group A that have been decided to be invested in by the Prime Minister and approved by the competent authority for technical design, but before commencement of construction, the investor must submit a set of project design documents (technical design phase) similar to the construction permit application documents specified in Section 1, Part II of this Circular to the People's Committee of the province or centrally-administered city or the authorized agency responsible for issuing construction permits at the location of the construction project for inspection, monitoring, and archiving;

2.2. Minor repairs such as plastering, whitewashing, replacing roof tiles, laying floors, changing doors (except when opening doors onto main streets), and internal renovations and installations of equipment and pipelines that do not adversely affect the structural integrity of neighboring buildings or the appearance of street architecture.

3. Basis for issuing construction permits:

3.1. Valid documents regarding land use rights as stipulated by law; 3.2. Valid documents confirming ownership of buildings for cases involving renovation, repair, or expansion of existing buildings;

For cultural and historical sites classified and recognized as valuable structures requiring demolition prior to restoration, renovation, or reconstruction, a demolition permit issued by the Chairman of the People's Committee of the province or centrally-administered city and approval from the competent cultural management authority are required.

3.3. Technical design documents for construction projects prepared, reviewed, and approved according to current regulations;

3.4. Approved urban planning; national or foreign construction standards and regulations permitted for use by competent state authorities;

3.5. Relevant legal documents.

Responsibilities of agencies and officials in issuing construction permits:

4.1. For agencies issuing construction permits:

a) Must have sufficient staff with moral character and professional competence to effectively perform assigned tasks;

b) Must prepare all necessary bases for issuing construction permits;

c) Must publicly display procedures and administrative processes for issuing construction permits at public service locations;

d) Must schedule public service hours and promptly address complaints and appeals from organizations and citizens regarding construction permit issuance;

e) When applicants encounter difficulties in implementing administrative procedures, competent officials must provide guidance and directly resolve these issues;

f) After issuing permits, must monitor and inspect the construction process according to the issued permit; identify and take measures or report to competent authorities to handle violations of construction permits as prescribed by law;

g) Must ensure the time limit for issuing construction permits as prescribed:

- For small private residential buildings, the review period for construction permits shall not exceed thirty days from the date of receipt of complete valid documents;

- For other projects, the review period for construction permits shall not exceed forty-five days from the date of receipt of complete valid documents;

- In cases of houses at risk of collapse confirmed by the district or county construction management office, the review period for construction permits shall not exceed ten days from the date of receipt of complete valid documents;

- For projects with direct foreign investment, the review period for construction permits shall not exceed ten days from the date of receipt of complete valid documents.

h) Shall be responsible for professional matters related to urban planning and architecture due to the issuance of construction permits;

i) Shall collect and use fees for issuing construction permits in accordance with the law;

4.2. For officials issuing construction permits:

Officials assigned to handle construction permit issuance must meet the following minimum criteria:

a) Graduated from university in architecture or construction;

b) Must be recruited through competitive examination or assessment for new employees and must attend training courses on management practices;

c) Must be well-versed in construction and urban management laws, administrative procedures, and possess organizational skills to efficiently execute and resolve tasks assigned; respect discipline, maintain a professional work style, and demonstrate a dedicated attitude towards serving the people;

d) Shall be accountable for the results of their assigned tasks in handling construction permit issuance as prescribed by law.

5. Responsibilities of organizations and individuals applying for construction permits:

5.1. Strictly comply with all legal provisions and construction permits issued;

5.2. Promptly report to competent state authorities about any misconduct, harassment, or corruption by officials involved in construction permit issuance.

5.3. Shall be liable under the law for all consequences resulting from non-compliance with the construction permit issued;

5.4. Shall be responsible for compensating all damages to the owners of structures on the surface, underground, and above ground that are affected by the construction of their own project.

6. Responsibilities of organizations and individuals designing, reviewing design, and constructing:

Organizations and individuals undertaking design, review of design, and construction of projects shall be responsible for the results of their work in accordance with the provisions of the law.

II. PROCEDURES AND DOCUMENTS FOR APPLICATION FOR CONSTRUCTION PERMITS

1. Documents for application for construction permits for individual projects:

1.1. Residential buildings

1.1.1. Documents for application for new construction permits for residential buildings, including:

a) Application form for construction permit (according to the model), signed by the investor;

b) Legal copy of land use right certificate, decision on land allocation, or other valid documents regarding land use rights, accompanied by an extract of the map at a scale of 1/200-1/500.

c) Three sets of design documents, each set including:

- Plan showing the location of the structure;

- Site plan at a scale of 1/200-1/500;

- Floor plans, elevations, and main cross-sections of the building at scale 1/100 - 1/200;

- Diagram of stormwater drainage and wastewater treatment system at a scale of 1/100-1/200.

1.1.2. Documents for application for permits to renovate, repair, and expand existing residential buildings:

a) Application form for construction permit (according to the model), signed by the investor;

b) Legal copy of valid documents regarding land use rights and ownership of the building, accompanied by an extract of the map at a scale of 1/200-1/500.

c) Three sets of design documents, each set including:

- Plan showing the location of the structure;

- Site plan at a scale of 1/200-1/500;

- Floor plans, elevations, and main cross-sections of the building at scale 1/100 - 1/200;

- Diagram of stormwater drainage and wastewater treatment system at a scale of 1/100-1/200.

d) Photographs measuring 9x12 cm of the main facade of the building adjacent to the space before renovation, repair, and expansion.

1.1.3. Documents for application for permits to renovate, repair, and expand residential buildings owned by the people and managed by the State or other forms of ownership:

a) Application form for construction permit (according to the model), signed by the legal representative of the owner;

c) Three sets of design documents, each set including:

- Plan showing the location of the structure;

- Site plan at a scale of 1/200-1/500;

- Floor plans, elevations, and main cross-sections of the building at scale 1/100 - 1/200;

b) Legal copy of valid documents regarding land use rights and ownership of the building, accompanied by an extract of the map at a scale of 1/200-1/500.

- Diagram of stormwater drainage and wastewater treatment system at a scale of 1/100-1/200.

d) Photographs measuring 9x12 cm of the main facade of the building adjacent to the space before renovation, repair, and expansion;

1.1.4. Design documents for residential buildings mentioned in points 1.1.1, 1.1.2, and 1.1.3, Section 1, Part II of this Circular shall be prepared, reviewed, and approved as follows:

a) For residential buildings 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 documents independently according to regulations and shall bear full responsibility for the safety and durability of the building.

b) For other types of residential buildings, depending on the scale and nature of the project, the design documents must be prepared, reviewed, and approved in accordance with current regulations;

c) When receiving applications for construction permits for residential buildings from the public, the authority issuing construction permits shall assign competent officials to receive the application documents; if some parts of the documents do not meet the specified technical requirements, the person receiving the documents shall immediately point out the deficiencies and clearly state specific requirements for adjustment and supplementation so that the applicant can complete the application documents in compliance with the regulations.

1.2. Industrial, service, and non-residential civil works.

a) Application form for construction permit (according to the model), signed by the investor;

1.2.1. Documents for application for construction permits for projects on newly allocated or leased land:

c) Three sets of design documents, each set including:

- Plan showing the location of the structure;

b) Legal copy of valid documents regarding land use rights or decisions on land allocation, lease contracts, accompanied by an extract of the map at a scale of 1/200-1/500.

- Site plan at a scale of 1/200-1/500;

- Main elevations and cross-sections of the building at scale 1/100 - 1/200;

- Floor plans at a scale of 1/100-1/200.

- Diagram of stormwater drainage and wastewater treatment system at a scale of 1/100-1/200.

d) Legal copy of the decision approving the technical design by the competent state agency.

For investment projects not using state capital, there must be a legal copy of the technical design review document of the consulting organization with legal entity status.

a) Application form for construction permit (according to the model), signed by the investor;

1.2.2. Documents for application for new construction, renovation, repair, restoration, and refurbishment permits for projects on currently legally used land:

c) Three sets of design documents, each set including:

- Plan showing the location of the structure;

- Site plan at a scale of 1/200-1/500;

b) Legal copy of valid documents regarding land use rights and ownership of the structure, accompanied by an extract of the map at a scale of 1/200-1/500;

- Diagram of stormwater drainage and wastewater treatment system at a scale of 1/100-1/200.

- Floor plans, cross-sections, and main cross-sections of the structure at a scale of 1/100-1/200.

d) Legal copy of the decision approving the technical design by the competent state agency or the technical design review document of the consulting organization with legal entity status (for investment projects not using state capital).

e) For renovation and repair projects, photographs measuring 9x12 cm of the main facade of the structure adjacent to the space before renovation and repair are required.

g) Other requirements:

- For projects requiring a change in function or purpose of land use but without changing the land boundary, permission to change the purpose of land use must be obtained from the People's Committee of the province or centrally governed city in accordance with Article 23 of the Land Law.

- For cultural, historical, or architectural heritage sites recognized and ranked by the State, a demolition permit from the competent state agency is required.

1.3. Projects with direct foreign investment:

1.3.1. Documents for application for construction permits for projects with direct foreign investment include:

a) Application form for construction permit (according to the model), signed by the investor.

b) Legal copy of the decision on land lease or lease contract, accompanied by an extract of the map at a scale of 1/200-1/500;

- Plan showing the location of the structure;

c) Three sets of technical design documents, each set including:

- Floor plans, elevations, and main cross-sections of the building at scale 1/100 - 1/200;

- Diagram of stormwater drainage and wastewater treatment system at a scale of 1/100-1/200.

- Site plan at a scale of 1/200-1/500;

d) Legal copy of the Investment Permit and Technical Design Review Document of the competent state agency in accordance with current regulations.

1.3.2. For projects of diplomatic agencies and international organizations, they shall comply with agreements signed by the Government of Vietnam (if applicable).

1.4. Religious works:

a) Application form for construction permit (according to the model), signed by the investor;

Documents for application for construction permits for religious works include:

b) Legal copy of the decision on land lease or lease contract, accompanied by an extract of the map at a scale of 1/200-1/500;

- Plan showing the location of the structure;

- Site plan at a scale of 1/200-1/500;

- Floor plans, elevations, and main cross-sections of the building at scale 1/100 - 1/200;

- Diagram of stormwater drainage and wastewater treatment system at a scale of 1/100-1/200.

b) Legal copy of documents regarding land use rights, accompanied by an extract of the map at a scale of 1/200-1/500;

d) Legal copy of the technical design review document of the competent state agency in accordance with current regulations.

e) Approval document of the provincial religious board.

1.5.1. The construction permit application dossier for technical infrastructure projects, if they are architectural works such as railway stations, water treatment plants, transformer substations, post offices, television towers, etc., shall be prepared according to the regulations applicable to residential, industrial, service, and civil engineering projects.

1.5.2. For linear infrastructure construction projects such as roads, power transmission lines, water supply and drainage systems, gas pipelines, etc., the construction permit application dossier shall include:

a) Application form for construction permit (according to the model), signed by the investor;

b) Land allocation decision or land lease contract accompanied by a plot map at a scale of 1/500 to 1/2000;

c) Three sets of design documents, each set including:

- Linear project site plan at a scale of 1/2000 to 1/5000;

- Overall project site plan at a scale of 1/500;

- Main cross-sections showing the overall layout of power lines and pipelines at a scale of 1/100 to 1/200.

- Diagram of stormwater drainage and wastewater treatment system at a scale of 1/100-1/200.

1.6. Temporary construction projects such as construction site camps, exhibition pavilions, advertising structures, auxiliary construction facilities, etc.

Depending on their scale, nature, and duration of use, the construction permit application dossier may be simplified compared to other permanent construction projects to ensure rapid construction.

The People's Committee of provinces and centrally-administered cities shall specify the extent to which the components of the construction permit application dossier can be reduced for these types of projects.

For advertising structures, before applying for a construction permit, approval from the Department of Culture, Sports and Tourism regarding the content of the advertisement must be obtained.

2. Construction permit application dossier for projects located in industrial zones, export processing zones, or concentrated residential areas.

2.1. Construction permit application dossier for individual projects or clusters of projects.

For technical infrastructure projects or residential, service, production, and other types of projects built by individual investors on allocated or leased plots within industrial zones, export processing zones, or concentrated residential areas, the construction permit application dossier shall be prepared according to the provisions set out in Section 1, Part II of this Circular.

2.2. Construction permit application dossier for the entire project or part of the project.

2.2.1. Objectives and conditions for application.

For investment and business development projects of infrastructure, housing development projects, and other concentrated urban development projects, the issuance of construction permits may be conducted once (if the entire project is implemented in one phase) provided that the investor prepares complete technical design dossiers for all project components when applying for the construction permit, or multiple times if the project is implemented in several phases according to the investment schedule.

2.2.2. Construction permit application dossier for projects implemented in one phase:

a) Application form for construction permit (according to the model), signed by the investor;

b) Land allocation decision or land lease contract, accompanied by a plot map at a scale of 1/500;

c) Three sets of technical design dossiers for the projects prepared by organizations or individuals with professional licenses, each set including:

- For technical infrastructure projects:

+ Overall site plan (with positioning and marking of each project) of the construction area approved by the competent state authority, at a scale of 1/200 to 1/500;

+ Individual project site plans at a scale of 1/200 to 1/500, accompanied by main cross-sections showing the overall layout of power lines and pipelines at a scale of 1/100 to 1/200.

- For ground-level construction projects (residential, production, service, commercial):

+ Project location diagram;

+ Plot plan at a scale of 1/200 to 1/500;

+ Floor plans, elevations, and main cross-sections of the project at a scale of 1/100 to 1/200;

+ Diagram of rainwater drainage and wastewater treatment systems for ground-level projects at a scale of 1/100 to 1/200.

For projects constructed according to a uniform model, only the technical design drawings of one project need to be shown, clearly indicating that other projects in the project also apply the same model.

d) Copies of technical design review and approval documents issued by the competent state authority.

2.2.3. Construction permit application dossier for projects implemented in multiple phases:

For projects implemented in multiple phases, the construction permit application dossier for each phase shall be prepared according to the provisions set out in Point 2.2.2 Clause 2.2 Section 2, Part II of this Circular.

3. Authority to issue construction permits

3.1. The Chairman of the People's Committee of provinces and centrally-administered cities shall issue construction permits for projects within their jurisdiction.

The Director of the Construction Department or Chief Architect of the city (for places where a Chief Architect exists) shall assist the Chairman of the People's Committee of provinces and centrally-administered cities in guiding the issuance of construction permits and reviewing the construction permit application dossiers to submit to the Chairman of the People's Committee of provinces and centrally-administered cities for issuing construction permits in accordance with the law;

The Chairman of the People's Committee of provinces and centrally-administered cities may delegate the authority to issue construction permits directly to the Director of the Construction Department or Chief Architect (for places where a Chief Architect exists) for projects within their jurisdiction.

When delegated the authority to issue construction permits, the Director of the Construction Department or Chief Architect shall be responsible for implementing administrative procedures in accordance with the law and must regularly report to the Chairman of the People's Committee of provinces and centrally-administered cities on the situation of construction permit issuance in their locality.

3.2. The Chairman of the People's Committee of towns under provinces, districts, and counties shall issue construction permits for individual private residences and small-scale projects according to the delegation of authority from the Chairman of the People's Committee of provinces and centrally-administered cities.

Upon being delegated the authority to issue construction permits, the Chairman of the People's Committee of towns under provinces, districts, and counties must prepare sufficient staff knowledgeable in specialized fields, bases, and conditions for issuing construction permits.

When issuing construction permits for projects classified according to their level, the Chairpersons of People's Committees of provincial cities, towns, districts, and counties must follow administrative procedures as prescribed by law and under the technical guidance of the Director of the Construction Department or the City Chief Architect (where such positions exist) and must regularly report on the issuance of construction permits to the Chairperson of the Provincial People's Committee or the Chairperson of the Central-Straightly-Governed City People's Committee and notify the Director of the Construction Department or the City Chief Architect (where such positions exist).

Based on specific conditions of each locality, the Director of the Construction Department or the City Chief Architect (where such positions exist) shall develop plans for organizing the issuance of construction permits, including categorizing and clearly defining areas and locations of projects and the authority to issue construction permits for each area and type of project for decision by the Chairperson of the Provincial People's Committee or the Chairperson of the Central-Straightly-Governed City People's Committee.

For the cities of Hanoi and Ho Chi Minh City, regulations on the issuance of construction permits, zoning, and classification of projects for permit issuance levels shall be issued by the Chairperson of the City People's Committee after consultation with the Minister of Construction.

3.3. The management board of export processing zones or centralized industrial zones shall issue construction permits for projects within the boundaries of such zones established by the Government according to legal provisions and technical guidance from the Director of the Construction Department or the City Chief Architect (where such positions exist), and must regularly report on the issuance of permits to the Chairperson of the Provincial People's Committee or the Chairperson of the Central-Straightly-Governed City People's Committee, while also notifying the Director of the Construction Department or the City Chief Architect (where such positions exist).

III. PROCEDURES FOR ISSUING CONSTRUCTION PERMITS AND MONITORING THE IMPLEMENTATION OF CONSTRUCTION PERMITS

The procedures for issuing construction permits and monitoring the implementation of construction permits are carried out as follows:

1. Receiving and Classifying Application Files for Construction Permits

The competent authority issuing construction permits has the responsibility to assign staff with appropriate authority and capability to receive application files for construction permits, check the contents and format of the files, and then classify them and record them in a tracking log.

Upon receiving all necessary files, the file receiver must enter a code number on the receipt form, which must be signed by both the submitter and the receiver of the files, and provide a written notice of the date for resolution. The receipt form is made in two copies, one given to the investor and one retained at the construction permit issuing authority. Within a maximum period of seven days from the date of receiving all necessary files, the file receiver must directly notify the applicant in writing about the requirements for supplementing and completing the files. The investor has the right to request the file receiver to explain clearly the requirements for supplementing and completing the files, and the file receiver is responsible for responding to this request. The time taken to complete the files does not count towards the processing time of the files.

In cases where a construction permit is refused, the person directly receiving the application for a construction permit must respond in writing, clearly stating the reasons for refusal to the applicant.

2. Seeking Opinions from Relevant Organizations

Depending on the requirements and characteristics of each project, the construction permit issuing authority may send letters seeking opinions from relevant organizations such as land administration, culture, health, environmental technology, fire prevention and firefighting, public works, national defense... and local authorities.

Within ten days from the date of receiving the letter requesting opinions, the organizations and individuals asked for opinions must have the responsibility to reply in writing.

For large and complex projects located in important urban areas with high aesthetic architectural and artistic requirements, landscape protection, and environmental standards, the construction permit issuing authority must organize consultations with the provincial-level Urban Planning and Architecture Council.

3. Resolving Complaints

Upon receiving complaints regarding the issuance of construction permits, the construction permit issuing authority must assign staff with sufficient ability and authority to receive and respond to the complaints of the investors.

If the investor still disagrees with the response of the representative of the construction permit issuing authority, the head of the construction permit issuing authority (the Chairperson of the District or County People's Committee, the Director of the Construction Department, or the City Chief Architect) must personally meet and resolve the complaint of the people or the investor; if the investor still disagrees with the resolution of the head of the construction permit issuing authority, the complaint can be escalated to the competent authority for resolution according to the law.

4. Reviewing Application Files, Deciding on Issuance of Construction Permits, and Collecting Fees

Based on the application files for construction permits, advisory opinions, planning certificates, construction standards, and other related legal documents, the competent authority issuing construction permits will review the files and conduct on-site inspections to decide on or refuse the issuance of construction permits.

The construction permit is made in two original copies, one given to the investor and one retained by the construction permit issuing authority. In case the construction permit is lost, the investor must inform the construction permit issuing authority so that it can take appropriate action.

Before handing over the construction permit, the construction permit issuing authority collects fees as prescribed by the State.

Prior to commencement, the investor must notify the construction permit issuing authority and the local authority at the ward level of the commencement date.

Within twelve months from the date of receiving the construction permit, if the project has not yet met the conditions for commencement, the investor must apply for an extension. The additional extension period is twelve months; beyond this period, the construction permit will lose its validity.

5. Monitoring and Supervising the Implementation of Construction Permits

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 apply for a modification of the construction permit, providing a clear explanation of the reasons and the changes.

The competent authority issuing construction permits will examine and decide on modifying or supplementing the construction permit within a period not exceeding ten days from the date of receiving the explanatory document from the investor.

When conducting site positioning, determining the elevation of the reference level '0.00', constructing foundations, and underground works, the project investor must report to the construction permit issuing authority to send staff to inspect on-site, stamp, sign, and confirm that the construction work is carried out in accordance with the issued construction permit. Within three days from receiving the notice from the project investor, the construction permit issuing authority must dispatch personnel to inspect and verify on-site. If more than three days have passed without any staff or officials from the construction permit issuing authority arriving, the project investor may continue to implement construction work. Any errors caused by delayed inspections shall be the responsibility of the construction permit issuing authority.

For the remaining construction phases, the project investor must carry out construction in accordance with the issued construction permit. In cases where the project investor constructs in violation of the provisions of the construction permit, they must be dealt with according to the law before continuing construction.

Upon completion of the construction work, acceptance must be conducted in accordance with the regulations of the Ministry of Construction as stipulated in the Quality Management Regulations for Construction Projects. The construction permit issuing authority must confirm that the construction has been carried out in accordance with the issued construction permit, serving as the basis for the project investor to register for obtaining the certificate of ownership and operation of the construction project.

6. Archiving construction permit application files and final inspection records

The construction permit issuing authority is responsible for storing the construction permit application dossier and the completion dossier to strictly manage the renovation and construction of projects.

IV. IMPLEMENTATION

1. The Chairman of the People's Committee of provinces and centrally-administered cities shall direct the issuance of construction permits to ensure promptness, thoroughness, accuracy, and regular inspection, taking timely measures to correct any errors and negative practices.

2. The Director of the Department of Construction or the Chief Architect of the city (for areas that have a Chief Architect) shall base their guidance on the implementation of construction permit issuance at the local level on the provisions of Decree 91/CP dated August 17, 1994, Decree 191/CP dated December 28, 1994, Decree 42/CP dated July 16, 1996 of the Government, and this Circular, assisting the Chairman of the People's Committee of provinces and centrally-administered cities.

3. The Chairmen of provincial cities, districts, and counties, when delegated to issue construction permits, are responsible for organizing and preparing all necessary conditions to properly implement administrative procedures for construction permits in accordance with the law.

4. This Circular takes effect from the date of signature. Previous guidelines that conflict with this Circular are no longer effective.

During the implementation process, if there are difficulties or obstacles, relevant departments and localities are requested to promptly report them to the Ministry of Construction for study and resolution.