Circular No. 09/2005/TT-BXD guiding certain contents regarding construction permits

CIRCULAR OF THE MINISTRY OF CONSTRUCTION

Guidelines on certain aspects of construction permits

- Pursuant to Decree No. 36/2003/NĐ-CP dated April 4, 2003 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Construction.

- Pursuant to Decree No. 16/2005/NĐ-CP dated February 7, 2005 of the Government on project management for investment in construction works.

The Ministry of Construction provides guidelines on certain aspects of construction permits as specified in Section 2 Chapter III of Decree No. 16/2005/NĐ-CP dated February 7, 2005 of the Government on project management for investment in construction works (hereinafter referred to as Decree 16/CP) as follows:

I. On construction permits as provided for in Clause 1 and 2, Article 17 of Decree 16/CP:

1. Construction works that do not require construction permits include:

a) Works classified as state secrets as determined by a competent state agency in writing.

b) Emergency construction works as determined by a competent authority.

c) Temporary works serving the construction of main works, including temporary works of the investor and temporary works of contractors within the approved general layout plan of the construction site.

d) Linear construction works not passing through urban areas but conforming to approved planning and belonging to approved investment projects.

đ) Construction works within urban development zones, industrial zones, residential areas with detailed planning at a scale of 1/500 approved by a competent state agency.

e) Works that have had their basic design reviewed and approved by a competent state agency as stipulated in Article 9 of Decree 16/CP.

g) Works funded by the state budget only requiring the preparation of an economic and technical report on construction works with construction drawings approved by the Department as stipulated in Clause 5, Article 9 of Decree 16/CP.

h) Works involving repair, renovation, and installation of equipment inside without changing the architectural appearance, load-bearing structure, and safety of the works.

i) Infrastructure works (including works such as waste treatment plants, landfill sites, water supply, drainage systems, roads, canals, ditches, etc.) with total investment under five billion dong located in remote rural areas without violating cultural heritage or historical-cultural relic protection zones.

k) Individual houses in remote rural areas not classified as urban areas; rural settlements without approved planning.

2. On temporary construction permits as provided for in Clause 2, Article 17 of Decree 16/CP:

a) Issuance of temporary construction permits shall only apply to regions where planning has been approved and announced but not yet implemented.

b) Depending on the situation and characteristics of each locality and area, the People's Committee of the province shall specify the implementation time frame for planning, the scale of works permitted to be constructed temporarily, ensuring efficiency while still guaranteeing safety, hygiene, and environmental protection as the basis for issuing temporary construction permits and determining the validity period of such permits.

c) In the content of temporary construction permits, the validity period of the permit must be clearly stated. Upon expiration of the validity period of the permit, if the State expropriates land to implement planning, the construction work owner must demolish the existing structures themselves and be compensated for the pre-existing conditions before the temporary construction permit was issued; if they fail to demolish, forced demolition will occur and the construction work owner must bear all costs associated with forced demolition.

II. On application documents for construction permits for construction works and urban housing as provided for in Article 18 of Decree 16/CP:

In cases where repairs or renovations require construction permits, in addition to the documents prescribed in Clauses 1, 2, and 3 of Article 18 of Decree 16/CP, the application for a construction permit must also include photographs of the current condition of the work and drawings showing the floor plans, cross-sections, elevations, and demolition methods (if applicable).

III. On application documents for construction permits for rural housing as provided for in Article 19 of Decree 16/CP:

1. The layout plan of the construction site as provided for in Clause 3, Article 19 of Decree 16/CP must clearly show the dimensions and area occupied by the house, ancillary works on the plot, distances to surrounding works, and connection points for electricity, telecommunications, and water supply and drainage to public infrastructure works outside (if applicable).

2. The layout plan must be prepared by the homeowner or a hired individual and presented according to the model in Appendix 1 of this Circular.

The drawing must clearly indicate the name of the homeowner, address, location of construction, and the name and address of the person who drew the layout plan.

IV. Implementation Organization:

Based on the provisions of the Construction Law, Decree 16/CP, and this Circular, the Chairperson of the People's Committees of provinces and centrally-administered cities shall be responsible for promulgating procedures for issuing construction permits, directing the issuance of construction permits to ensure speed, efficiency, strictness, and accuracy; regularly inspecting and strictly handling violations of construction permit regulations.

V. Effective date:

This Circular takes effect 15 days from the date of publication in the Official Gazette and replaces Joint Circular No. 09/1999/TTLT-BXD-TCĐC dated December 10, 1999 of the Minister of Construction and the Director General of the Land Administration on guiding the issuance of construction permits and Circular No. 03/2000/TT-BXD dated May 25, 2000 amending and supplementing Joint Circular No. 09/1999/TTLT-BXD-TCĐC dated December 10, 1999 of the Minister of Construction and the Director General of the Land Administration on guiding the issuance of construction permits. /