Joint Circular No. 09/1999/TTLT-BXD-TCĐC guiding the issuance of construction permits

JOINT CIRCULAR

Guidelines for Issuing Construction Permits

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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, and Decree No. 34/CP dated April 23, 1994 of the Government on the functions, tasks, powers, and organizational structure of the General Department of Land Administration; - Pursuant to the Investment and Construction Management Regulations issued together with Decree No. 52/1999/NĐ-CP dated July 8, 1999 of the Government;
To strengthen the management of planning, construction, and land, the Ministry of Construction and the General Department of Land Administration provide guidelines for issuing construction permits as follows:

I/ GENERAL PRINCIPLES

1/ Purpose and requirements for issuing construction permits:

1.1. Creating conditions for organizations, households, and individuals (hereinafter referred to collectively as investors) to implement construction projects quickly and conveniently;

1.2. Ensuring the management of construction in accordance with planning and compliance with relevant laws; protecting natural scenery, the environment, preserving historical, cultural, and valuable architectural works; promoting modern and distinctive national architecture, and using land effectively for construction projects;

1.3. Serving as a basis for supervising construction, handling violations of construction order, completing final inspection records, and registering ownership or use of the project.

2/ Subjects required to apply for construction permits.

The subjects required to apply for construction permits include:

2.1. Individual houses of citizens not falling under the exemption from construction permit as stipulated in Clause 3 - Article 39 of the Investment and Construction Management Regulations issued together with Decree No. 52/1999/NĐ-CP dated July 8, 1999 of the Government (hereinafter referred to as Decree No. 52/1999/NĐ-CP);

2.2. Projects of private individuals and economic organizations not belonging to state-owned enterprises, not using state budget funds or state-guaranteed credit, or state development investment credit;

2.3. Projects of diplomatic agencies and international organizations, religious projects.

3/ Management of construction projects exempted from construction permits

The management of construction projects exempted from construction permits as stipulated in Article 39 of Decree No. 52/1999/NĐ-CP shall be carried out as follows:

3.1. Investors must ensure the completion of all procedures for investment construction and the conditions for starting construction as prescribed in Article 45 of Decree No. 52/1999/NĐ-CP before commencing construction;

3.2. The decision approving the technical design of construction projects exempted from construction permits by the competent authority as stipulated in items a, b, c - Point 3.1 - Clause 3 - Article 38 of Decree No. 52/1999/NĐ-CP shall be used to inspect, supervise the construction process, and handle violations of construction order;

3.3. For construction projects exempted from construction permits as stipulated in items a, h, i, k - Clause 1 - Article 39 of Decree No. 52/1999/NĐ-CP, before starting construction, the investor must submit the main drawings including floor plans, cross-sections, and foundation drawings along with drainage diagrams, wastewater treatment diagrams, electricity supply diagrams, and water supply diagrams from the approved technical design to the competent urban planning authority for monitoring construction and archiving.

In cases where the construction permit issuing authority is also the technical design approval authority, and the investor has already submitted the technical design documents for approval, there is no need to submit the drawings as specified in Point 3.3 - Clause 3 - Part I of this Circular again.

3.4. For individual houses built by households and individuals within housing development projects as stipulated in item b - Clause 3 of Decree No. 52/1999/NĐ-CP, the housing development project investor is responsible for guiding construction, checking planning, architecture, and environmental protection to ensure they comply with the approved housing development project.

4/ Basis for issuing construction permits

To issue construction permits, the construction permit issuing authority must base its decisions on the following grounds:

4.1. The application for a construction permit prepared by the investor in three sets (one set returned to the applicant, two sets submitted to the construction permit issuing authority);

4.2. Approved urban planning;

4.3. The construction design of the project that has been established, reviewed, and approved according to Article 36 of Decree No. 52/1999/NĐ-CP and the guidance of the Ministry of Construction;

4.4. Standards, regulations, norms on architecture, planning, construction, environmental hygiene, and related legal documents.

Responsibilities of the construction permit issuing authority and staff handling construction permit issuance procedures

5.1. Regarding the construction permit issuing authority.

a/ Must recruit sufficient staff in accordance with the law;

b/ Must publicly display guidelines on conditions, procedures, and administrative procedures for issuing construction permits at the place of public reception;

c/ Have a schedule for receiving the public and promptly resolving complaints and reports from organizations and citizens regarding the issuance of construction permits in accordance with Decree No. 89/CP dated August 7, 1997 of the Government on the Organization of Receiving the Public;

d/ When receiving applications for construction permits, must assign staff with the ability and authority to receive such applications; if there are incomplete parts in the application, the person receiving the application must guide the applicant to supplement and complete the application in accordance with the regulations; absolutely must not create difficulties or force the applicant to use drawings or hire designs according to their own wishes;

e/ After issuing the construction permit, must organize inspections and monitor the implementation of construction according to the issued permit; identify and take measures to handle violations of the construction permit according to their authority or report to the competent authority for handling according to the law;

f/ Must ensure the time limit for issuing construction permits:

- The time to process and issue construction permits for projects shall not exceed thirty days from the date of receipt of complete and valid files; if after thirty days from the date of receipt of complete and valid files and having a receipt of such files issued by the file handler, the issuing authority must issue the construction permit or provide a written response explaining the reasons for not issuing the construction permit.

- In cases where houses are at risk of collapse, confirmed by the construction management office at the district level (city under province, town, district), the time to consider issuing construction permits shall not exceed ten days from the date of receipt of complete and valid files;

g/ Be responsible for the professional consequences in the fields of urban planning, architectural design, and environment caused by the issuance of construction permits;

h/ Collect, manage, and use the fee for issuing construction permits in accordance with the regulations of the Ministry of Finance.

5.2. For staff and officials handling construction permit procedures

a/ Staff and officials assigned to handle construction permit procedures must meet the professional and vocational standards prescribed by law and must have attended training courses on construction permit issuance organized by the People's Committee of the province or centrally governed city;

b/ Must be well-versed in laws related to construction and urban management, administrative procedures, and possess the ability to organize and efficiently carry out tasks assigned, without causing difficulties or harassment to those applying for construction permits;

c/ Shall be responsible for the results of their assigned tasks in handling construction permit procedures in accordance with the law.

6/ Responsibilities of the investor applying for construction permits

6.1. Comply strictly and fully with all legal provisions and construction permits issued;

6.2. Report promptly and accurately to the competent state authorities about any acts of harassment, extortion, or corruption committed by construction permit issuing officials so that appropriate measures can be taken against them;

6.3. May commence construction works thirty days after:

- Having submitted complete and valid construction application files and received a receipt of such files from the file handler, but not receiving a written response from the issuing authority regarding the reasons for not issuing the construction permit;

- Notifying the People's Committee of the commune, ward, or town of the commencement date of construction works in writing.

6.4. Shall be held legally accountable for all consequences resulting from non-compliance with the issued construction permit;

6.5. Shall be held legally accountable for all damages caused by their construction works to underground, surface, and aerial structures related to other projects.

7/ Responsibilities of investors, investment and construction consulting organizations and individuals, and construction contractors

Investors, investment and construction consulting organizations and individuals, and construction contractors must be responsible for the results of their work as stipulated in Articles 14, 15, 16, and 46 of Decree No. 52/1999/ND-CP and other relevant legal provisions.

II/ DOCUMENTS ON RIGHTS TO USE LAND FOR APPLYING FOR CONSTRUCTION PERMITS

1/ An investor holding one of the following types of land use right documents shall be eligible to apply for a construction permit:

a/ Land use right certificate issued by the competent state authority. Such certificates were issued by the former General Department of Land Management or the General Department of Cadastre, including land use right certificates issued to households which temporarily recorded measured areas or recorded debts for land use fees, transfer taxes, and stamp duties;

b/ Certificate of ownership of house and land use rights issued by the competent state authority in accordance with Government Decree No. 60/CP dated July 5, 1994, concerning ownership of houses and land use rights in urban areas;

c/ Decision on land allocation or lease for construction purposes issued by the competent state authority in accordance with the law on land;

d/ Documents on land allocation or lease for residential or specialized purposes during the implementation of land policies in different periods by the Democratic Republic of Vietnam, the Provisional Revolutionary Government of the Republic of South Vietnam, and the Socialist Republic of Vietnam, which the land recipients have continuously used until now without disputes;

e/ Temporary land use right certificate issued by the competent state authority or listed in the cadastre book without disputes;

d/ Documents issued by the competent authority under the old regime granting land use rights to individuals who have continuously used the land since then without disputes, including land use certificates, extracts, copies, cadastral maps, parcel division maps, deeds of sale registered and certified by the Chief Registrar, Land Office, or Tax Office;

f/ Documents on inheritance of houses and land confirmed by the People's Committee of the commune, ward, or town regarding inheritance and absence of disputes over the land;

g/ Court judgments or decisions that have become legally binding or decisions on resolving land disputes made by the competent state authority that have become legally binding;

h/ Land transfer documents or house purchase contracts with attached land use rights, verified by the People's Committee of the commune as being free of disputes and confirmed by the People's Committee of the district regarding the verification results of the People's Committee of the commune;

i/ Documents issued by agricultural production cooperatives allocating residential land to cooperative members' families before June 28, 1971, the date of issuance of Resolution No. 125/CP of the Council of Ministers (now the Government) on strengthening land management;

i/ Documents on house ownership according to Circular No. 47/BXD-XDCBĐT dated August 5, 1989, and Circular No. 02/BXD-ĐT dated April 29, 1992, of the Ministry of Construction guiding the implementation of the Standing Committee of the Council of Ministers' opinion on valuing Class III and IV houses in urban areas before October 15, 1993, or from October 15, 1993, to July 5, 1994, where the valuation includes the value of the land occupied by the house.

2/ In case there are no land use rights certificates meeting the conditions for issuing a construction permit.

In the case where a household does not have the types of documents specified in Clause 1 - Part II - Circular, it must be subject to verification by the People's Committee of the commune that the land is not disputed, and the result of such verification must be confirmed by the People's Committee of the district, then a construction permit may also be issued.

3/ Changing the purpose of land use before applying for a construction permit.

Where the investor builds on their own land with land use rights certificates meeting the conditions for applying for a construction permit but needs to change the purpose of land use from agricultural, forestry, aquaculture, salt production land to construction land, they must obtain permission from the competent state agency to change the purpose of land use according to the laws on land before applying for a construction permit.

III/ DOCUMENTS FOR APPLICATION FOR CONSTRUCTION PERMIT

1/ Residential buildings

1.1. Documents for application for a new construction permit for residential buildings:

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

b/ A copy of one of the land use rights certificates, accompanied by an extract from the map or survey on site or plot boundary diagram;

c/ Business registration certificate (if the construction project is carried out by a business entity);

d/ Three sets of design documents, each set including:

- Site plan of the building on the plot at scale 1/200 - 1/500, accompanied by a location diagram of the building;

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

- Foundation floor plan at scale 1/100 - 1/200 and foundation cross-section details at scale 1/50, accompanied by a drainage system diagram, wastewater treatment system, water supply, and electricity system at scale 1/100 - 1/200.

1.2. Documents for application for a construction permit for renovation, repair, and expansion of existing residential buildings:

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

b/ A copy of one of the land use rights certificates and property ownership certificates (if available), accompanied by an extract from the map or survey on site or plot boundary diagram;

c/ Business registration certificate (if the construction project is carried out by a business entity)

d/ Three sets of design documents, each set including:

- Site plan of the building on the plot at scale 1/200 - 1/500, accompanied by a location diagram of the building;

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

- Foundation floor plan at scale 1/100 - 1/200 and foundation cross-section details at scale 1/50, accompanied by a drainage system diagram, wastewater treatment system, water supply, and electricity system at scale 1/100 - 1/200.

e/ Photographs measuring 9 x 12 cm of the building's cross-section with adjacent space before renovation, repair, and expansion.

1.3. Documents for application for a construction permit for renovation, repair, and expansion of residential buildings owned by the whole people managed by the State or collectively owned residential buildings:

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

b/ A copy of one of the land use rights certificates and property ownership certificates, accompanied by an extract from the map or survey on site or plot boundary diagram;

c/ Business registration certificate (if the construction project is carried out by a business entity)

d/ Three sets of design documents, each set including:

- Site plan of the building on the plot at scale 1/200 - 1/500, accompanied by a location diagram of the building;

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

- Foundation floor plan at scale 1/100 - 1/200 and foundation cross-section details at scale 1/50, accompanied by a drainage system diagram, wastewater treatment system, electricity, and water supply system at scale 1/100 - 1/200.

e/ Photographs measuring 9 x 12 cm of the building's cross-section with adjacent space before renovation, repair, and expansion.

2/ Industrial, service, and non-residential civil works

2.1. Documents for application for a construction permit for projects on newly allocated or leased land:

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

b/ A copy of one of the land use rights certificates, accompanied by an extract from the map or survey on site or plot boundary diagram;

c/ Business registration certificate (if the construction project is carried out by a business entity)

d/ Three sets of design documents, each set including:

- Site plan of the building on the plot at scale 1/200 - 1/500, accompanied by a location diagram of the building;

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

- Foundation floor plan at scale 1/100 - 1/200 and foundation cross-section details at scale 1/50, accompanied by a drainage system diagram, wastewater treatment system, water supply, and electricity system at scale 1/100 - 1/200.

2.2. Documents for application for a construction permit for new construction, renovation, repair, restoration, and enhancement of projects on currently legally used land:

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

b/ A copy of one of the land use rights certificates and property ownership certificates (if available), accompanied by an extract from the map or survey on site or plot boundary diagram;

c/ Business registration certificate (if the construction project is carried out by a business entity);

d/ Three sets of design documents, each set including:

- Site plan of the building on the plot at scale 1/200 - 1/500, accompanied by a location diagram of the building;

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

- Foundation floor plan at scale 1/100 - 1/200 and foundation cross-section details at scale 1/50, accompanied by a drainage system diagram, wastewater treatment system, water supply, and electricity system at scale 1/100 - 1/200

e/ For renovation and repair projects, photographs measuring 9 x 12 cm of the main facade of the building with adjacent space before renovation and repair are required.

f/ For historical, cultural, scenic, and landmark sites recognized by the government, a permit from the Minister of Culture, Sports and Tourism is required, and the regulations on the protection and use of historical, cultural, scenic, and landmark sites must be followed.

3/ Construction projects of diplomatic agencies and international organizations

3.1. The reconstruction and construction of projects belonging to diplomatic agencies, international organizations, and other foreign agencies investing in Vietnam shall be managed according to agreements or agreements signed with the Government of Vietnam.

3.2. When there is a need to renovate or construct projects under these agreements, the investor must prepare the following documents for application for a construction permit:

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

b/ A copy of one of the land use rights certificates, accompanied by an extract from the map or survey on site or plot boundary diagram;

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

- Site plan of the building on the plot at scale 1/200 - 1/500, accompanied by a location diagram of the building;

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

- Foundation floor plan at scale 1/100 - 1/200 and foundation cross-section details at scale 1/50, accompanied by a drainage system diagram, wastewater treatment system, water supply, and electricity system at scale 1/100 - 1/200.

4/ Religious works

4.1. Documents for application for a construction permit for religious works include:

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

b/ A copy of one of the land use rights certificates, accompanied by an extract from the map or survey on site or plot boundary diagram;

c/ Written agreement of the competent Religious Board;

d/ Three sets of design documents, each set including:

- Site plan of the building on the plot at scale 1/200 - 1/500, accompanied by a location diagram of the building;

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

- Foundation floor plan at scale 1/100 - 1/200 and foundation cross-section details at scale 1/50, accompanied by a drainage system diagram, wastewater treatment system, water supply, and electricity system at scale 1/100 - 1/200.

4.2. Management of investment, renovation, and construction, and the authority to issue construction permits for religious works must comply with the provisions of Article 12 of Decree No. 26/1999/NĐ-CP dated April 19, 1999 of the Government on religious activities.

5/ Technical infrastructure works

5.1. Documents for application for a construction permit for technical infrastructure works, if they are architectural works such as railway stations, waterworks, substations, post offices, TV towers, etc., shall be prepared according to the regulations applicable to residential, industrial, service, and other civil works.

5.2. For linear infrastructure works such as roads, power transmission lines, water supply and drainage networks, gas pipelines, etc., the documents for application for a construction permit include:

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

b/ A copy of one of the land use rights certificates, accompanied by an extract from the map or survey on site or plot boundary diagram;

c/ Business registration certificate (if the construction project is carried out by a business entity);

d/ Three sets of design documents, each set including:

- Plan showing the location of the project route;

- Overall site plan of the project at a scale of 1/500 to 1/5000;

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

6/ Monuments, large paintings, and advertising structures

6.1. Documents for applying for construction permits for monuments, large paintings, and advertising structures include:

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

b/ A copy of one of the valid documents regarding land use rights, accompanied by an extract from the cadastral map or a survey on-site or a plot boundary diagram;

c/ Business registration certificate (if the construction project is carried out by a business entity);

d/ Three sets of documents, each set including:

- Plan showing the location of the structure;

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

- Main elevations and cross-sections of the structure at a scale of 1/100 to 1/200.

6.2. Documents for applying for construction permits for advertising structures include:

a/ Application form for construction permit (according to the model);

b/ Written consent from the land user allowing the investor to use the land to construct advertising structures;

c/ Sketch drawings of the advertising structures

6.3. The construction of monuments, large paintings, and advertising structures must have a construction permit issued by the competent State management agency for culture and information.

IV/ AUTHORITY TO ISSUE CONSTRUCTION PERMITS

1/ Authority to issue construction permits

The Chairman of the People's Committee of the province or centrally governed city issues construction permits for projects within their jurisdiction upon the proposal of the Director of the Construction Department.

2/ Delegation of authority to issue construction permits

The Chairman of the provincial People's Committee may delegate the Director of the Construction Department to directly issue construction permits for projects within their authority, except where the Government has other regulations.

When delegated to issue construction permits, based on the actual conditions of each locality, the Director of the Construction Department shall be responsible for developing plans to organize the issuance of construction permits, including classifying and defining areas, projects, and locations requiring construction permits, clearly assigning responsibilities to each issuing authority for construction permits for the Chairman of the provincial People's Committee to decide on delegation or decentralization, and implementing administrative procedures for issuing construction permits according to the law; regularly reporting to the Chairman of the provincial People's Committee about the situation of issuing construction permits in their locality.

3/ Decentralization of authority to issue construction permits

The Chairman of the city under the province, district, and county People's Committees issues construction permits for individual private houses and small-scale projects as decided by the Chairman of the provincial or centrally governed city People's Committee and according to the decentralization by the Chairman of the provincial or centrally governed city People's Committee.

The decentralization of authority to issue construction permits to the Chairman of the city under the province, district, and county People's Committees must be based on the actual construction situation of each locality, the organizational capacity of the city under the province, district, and county People's Committees, the quantity, quality of specialized staff, and the ability to prepare bases and conditions for issuing construction permits effectively.

When issuing construction permits for projects within their authority, the Chairman of the county People's Committee must implement administrative procedures for issuing construction permits according to the law and the professional guidance of the Construction Department.

4/ Issuance of construction permits in Hanoi and Ho Chi Minh City

For Hanoi and Ho Chi Minh City, the Chairman of the municipal People's Committee shall base on laws on investment and construction, architecture, planning, and guidelines in this Circular to direct the drafting of regulations on issuing construction permits in the city and promulgate them after obtaining the unified opinion of the Ministry of Construction.

V/ 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 categorizing applications for construction permits

The competent authority issuing construction permits has the responsibility to assign officers with sufficient authority and capability to receive applications for construction permits, check the contents and format of the application, and then categorize and record them in a tracking log.

Upon receiving complete and valid applications, the officer receiving the application must fill in the receipt number, sign it with the applicant's signature, provide a receipt, and give a notice of the date for processing. The receipt is made in two copies, one given to the investor and one retained by the construction permit issuing authority.

For incomplete applications, within a maximum period of 7 days from the date of receipt, the officer receiving the application for a construction permit must notify the applicant in writing about the requirements for supplementing and completing the application. The investor has the right to request the officer to explain clearly the requirements for supplementing and completing the application, and the officer has the responsibility to respond to these requests. The time taken to complete the application does not count towards the processing time of the application.

If the application for a construction permit is refused, the officer receiving the application must respond in writing, clearly stating the reasons for refusal to the applicant.

2/ Soliciting opinions from related organizations

When issuing construction permits, if necessary, the construction permit issuing authority may send letters to related organizations such as architecture, planning, land administration, culture, health, environmental technology, fire prevention and firefighting, public works, national defense... and the local People's Committee to solicit their opinions.

Within 10 days from the date of receipt of the letter soliciting opinions, the organizations and individuals asked for their opinions must respond in writing to the construction permit issuing authority.

3/ Resolving complaints

Upon receiving complaints about the issuance of construction permits, the construction permit issuing authority must assign officers with sufficient capability and authority to receive the complaint and respond to the investor.

In the case where the investor still does not agree with the response opinion of the representative of the construction permit issuing authority, the head of the construction permit issuing authority must meet directly and resolve the complaint of the people or the investor; if the investor still does not agree with the resolution method of the head of the construction permit issuing authority, then appeal to the competent authority for resolution according to the provisions of the law.

4/ Reviewing the application file, deciding on the issuance of construction permits and collecting fees.

Based on the application file for construction permits, advisory opinions, planning certificates (if any), construction standards and other relevant legal documents, the competent authority for issuing construction permits shall review the application file and inspect at the site to decide on granting or refusing the construction permit.

The construction permit shall be established in two original copies, one copy issued to the applicant and one copy retained by the construction permit issuing authority. In the event that the construction permit is lost, the applicant for the construction permit must notify the construction permit issuing authority to consider reissuing it.

Before handing over the construction permit to the applicant, the construction permit issuing authority collects fees according to the regulations of the Ministry of Finance.

Prior to commencing work, the investor must notify the date of commencement to the construction permit issuing authority and the local government at the commune level.

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, if the investor still does not commence construction of the project, the construction permit will lose its validity.

5/ Inspecting and monitoring 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 submit an application to the construction permit issuing authority, clearly explaining the reasons and the changes or supplements required.

The competent authority for issuing construction permits shall examine and decide on changing or supplementing the construction permit within ten days from the date of receipt of the investor's explanation.

When positioning the project, determining the elevation of the ± 0,00 ground level, laying the foundation and underground works, the investor must inform the construction permit issuing authority so that officials can come to inspect on-site and confirm the construction of the project in accordance with the issued construction permit. If, three days after receiving the investor's notification, the construction permit issuing authority does not send personnel to inspect on-site, the investor may continue to proceed with construction. Any errors caused by delayed inspection, the construction permit issuing authority shall bear responsibility.

For the remaining construction phases, the investor must construct in accordance with the issued construction permit. In the event that 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 regulations of the Ministry of Construction stipulated in the Regulations on Quality Management of Construction Projects.

In cases where the construction does not comply with the issued construction permit but there are valid reasons and have been approved by the construction permit issuing authority for adjustment, the investor must prepare the completion dossier. The components of the completion dossier are similar to those of the application dossier for the construction permit and only need to reflect the drawings that have changed in actual construction compared to the construction permit.

6/ Storing the application dossier for construction permits and the completion dossier.

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.

VI/ Implementation Organization

1/ The Chairman of the People's Committee of provinces and centrally governed cities directs the issuance of construction permits to ensure speed, thoroughness, accuracy, and regularly checks, promptly taking measures to correct mistakes and negative behaviors.

2/ Directors of Construction Departments, Land Administration Departments or Land Administration - Real Estate Departments base on the provisions of the law and the guidance of this Circular assist the Chairman of the People's Committee of provinces and centrally governed cities in organizing the implementation of construction permit issuance at the local level.

3/ The Chairmen of People's Committees of provincial cities, districts, and counties when delegated the authority to issue construction permits are responsible for improving organizational work and preparing all necessary conditions to implement administrative procedures in construction permit issuance in accordance with the law.

4/ This Circular replaces Circular No. 05/BXD-KTQH dated September 18, 1996 and Circular No. 04/1998/TT-BXD dated December 19, 1998 of the Ministry of Construction and takes effect fifteen days after the date of signature.

During the implementation process, if there are difficulties or obstacles, please report them promptly to the Ministry of Construction and the General Department of Land Administration for research and resolution.