Circular No. 10/2012/TT-BXD provides detailed guidance on certain contents of the Government's Decree No. 64/2012/NĐ-CP dated September 4, 2012, regarding construction permits.

CIRCULAR

Detailed guidance on certain contents of Decree No. 64/2012/ND-CPdated September 4, 2012

of the Government on construction permits

__________________________

Pursuant to Decree No. 17/2008/NĐ-CP dated February 4, 2008 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Construction;

Pursuant to Decree No. 64/2012/ND-CP dated September 4, 2012 of the Government on construction permits;

Considering the proposal of the Director of the Construction Activity Management Department,

The Minister of Construction issues this Circular providing detailed guidance on certain contents of Decree No. 64/2012/ND-CP dated September 4, 2012 of the Government on construction permits (hereinafter referred to as Decree No. 64/CP) as follows:

Article 1. Contents of construction permit

The contents of the construction permit prescribed in Article 4 of Decree No. 64/CP for each type of project shall be implemented according to the models set out in this Circular as follows:

1. Construction permit for various types of projects, according to Model 1 in Appendix 1, including:

a) Non-linear projects according to Model 1,

b) Linear projects according to Model 2,

c) Projects in phases according to Model 3,

d) Projects within a project according to Model 4.

2. Construction permit for individual houses, according to Model 2 in Appendix 2, including:

a) Houses in urban areas according to Model 1,

b) Houses in rural areas according to Model 2.

3. Construction permit for repair and renovation of projects and individual houses, according to Model 3 in Appendix 3.

4. Permit for relocation of projects, according to Model 4 in Appendix 4.

5. Temporary construction permit for projects and individual houses, according to Model 5 in Appendix 5.

Article 2. Conditions for issuance of construction permit 1. Regarding the conditions stipulated in Clause 2, Article 5, they shall be implemented as follows:

Depending on the scale, nature, and location of the project or individual house, the issuing authority shall consider whether the project involves any conditions specified in Articles 5 and 6 of Decree No. 64/CP. If so, the relevant files shall be submitted to the competent agencies for their opinions; if not, there is no need to seek opinions from these agencies.

2. Regarding the conditions stipulated in Point b, Clause 1, Article 6, they shall be implemented as follows:

For areas and streets in urban areas where land functions have been basically stabilized, it is not necessary to prepare a master plan for urban planning, but a separate urban design plan must be prepared and approved by the competent authority as the basis for issuing construction permits.

The People's Committee of the province shall, based on the nature, function, and architectural and landscape management requirements of the city, specify areas and streets in urban areas that must prepare an urban design plan, particularly for streets with a road width of 12 meters or more, and assign tasks to competent agencies to organize the preparation, review, and approval of the urban design plan in accordance with current regulations.

For other areas and streets not included in the list requiring an urban design plan, the People's Committee of the province shall issue regulations on planning and architectural management as the basis for issuing construction permits.

3. Regarding the conditions for individual houses in rural areas stipulated in Point b, Clause 3, Article 6, they shall be implemented as follows:

In cases where the construction area does not yet have an approved rural residential point planning (planning for新农村建设), the county-level People's Committee shall be responsible for specifying areas where construction permits are required as the basis for issuing construction permits.

Individual houses in rural areas outside the areas specified in this clause do not need to apply for construction permits.

Individual houses in rural areas outside the zones specified in this clause are not required to apply for a construction permit.

Article 3. Documents for requesting construction permit for new construction projects

1. For non-linear projects:

a) Application form for construction permit according to Model 1 in Appendix No. 6 of this Circular;

b) A certified copy or notarized copy of one of the documents on land use rights as prescribed by laws on land;

c) Two sets of design drawings, each set including:

- A site plan of the project on the plot of land at a scale of 1/100 to 1/500, accompanied by a schematic diagram of the project location;

- Floor plans, elevations, and main cross-sections of the project at scales of 1/50 to 1/200;

- Foundation floor plan at scales of 1/100 to 1/200 and foundation cross-section at scale of 1/50, along with connection diagrams to technical infrastructure systems such as transportation; water supply; stormwater drainage, sewage; wastewater treatment; electricity supply; telecommunications; other related technical infrastructure systems at scales of 1/50 to 1/200.

2. For linear projects within urban areas:

a) Application form for construction permit according to Model 2 in Appendix No. 6 of this Circular;

b) A certified copy or notarized copy of one of the documents on land use rights as prescribed by laws on land;

c) Two sets of design drawings, each set including:

- Location diagram and alignment of the project;

- Overall site plan or topographic map of the project at scales of 1/500 to 1/5000;

- Main cross-sections of the linear project at scales of 1/50 to 1/200;

- In addition, for underground projects, the following must be supplemented:

+ Cross-sectional and longitudinal drawings showing the depth of the project at a scale of 1/50 to 1/200;

+ Connection diagrams to external technical infrastructure systems.

3. For religious projects:

The documents for requesting construction permit include those specified in Clause 1 of this Article and approval documents on the necessity and scale of the project from religious authorities at the appropriate level.

4. For belief projects:

The documents for requesting construction permit shall comply with the provisions of Clause 1 of this Article.

5. Monument and grand painting projects:

a) Application form for construction permit according to Appendix No. 7 of this Circular;

b) A certified copy or notarized copy of one of the documents on land use rights as prescribed by laws on land;

c) Certified copy of construction permit or approval document from state management agencies on culture and historical sites at the appropriate level;

d) Two sets of design drawings, each set including:

- Location diagram of the project at scales of 1/100 to 1/500;

- Project floor plan at scales of 1/100 to 1/500;

- Elevations and main cross-sections of the project at scales of 1/50 to 1/200.

- For new construction works:

a) Application form for construction permit according to Appendix No. 8;

b) A certified copy or notarized copy of one of the documents on land use rights as prescribed by laws on land;

In case of leasing land or buildings for advertising purposes, there must be a land lease contract or building lease contract;

c) Certified copy of construction permit or approval document from state management agencies on advertising activities;

d) Two sets of design drawings, each set including:

- For new construction projects:

- For advertising signs attached to legally constructed works:

+ Structural drawings of the part of the work where the advertising sign will be attached at a scale of 1/50;

+ Elevations of the work with attached advertising signs at a scale of 1/50 - 1/100.

7. For works of diplomatic agencies and international organizations:

- For advertising signs attached to legally constructed buildings:

+ Structural drawing of the building part where the advertising sign will be attached, at scale of 1/50;

+ Cross-section drawing at the connection points between the advertising sign and the building, at scale of 1/50;

+ Elevation drawings of the building with attached advertising signs, at scales of 1/50 to 1/100.

7. For projects of diplomatic agencies and international organizations:

Documents for requesting construction permit for projects of diplomatic agencies, international organizations, and foreign agencies investing in Vietnam shall comply with the provisions of Clause 1 of this Article and relevant provisions of agreements or accords signed with the Government of Vietnam.

Article 4. Documents for requesting construction permit in phases

1. For non-linear projects:

a) Application form for construction permit according to Model 1 in Appendix No. 10 of this Circular;

b) A certified copy or notarized copy of one of the documents on land use rights as prescribed by laws on land;

c) Certified copy of business registration certificate or investment certificate;

d) Two sets of design drawings, each set including:

- Phase 1:

+ Plan view of the project on the plot at a scale of 1/100 to 1/500, accompanied by a diagram showing the project's location;

+ Foundation floor plan at scales of 1/100 to 1/200 and foundation cross-section at scale of 1/50, along with connection diagrams to stormwater drainage, wastewater treatment, water supply, electricity supply, telecommunications systems at scales of 1/100 to 1/200.

- Phase 2:

+ Floor plans, elevations, and main cross-sections of the project at scales of 1/50 to 1/200;

2. For linear projects within urban areas:

a) Application form for construction permit according to Appendix 11 of this Circular;

b) Certified copy or notarized copy of one of the documents on land use rights as prescribed by laws on land or approval and agreement on alignment from competent authorities;

c) Certified copy of business registration certificate or investment certificate;

d) Two sets of design drawings, each set including:

- Location diagram of the project alignment at scales of 1/100 to 1/500;

- Overall site plan of the project at scales of 1/100 to 1/1000;

- Drawings for each phase:

+ Main cross-sections of the project alignment for each phase at scales of 1/50 to 1/200;

+ For underground projects, detailed cross-sections and longitudinal sections showing the depth of the project for each phase at scales of 1/50 to 1/200 are required;

+ Connection diagrams to technical infrastructure systems for each phase at scales of 1/100 to 1/500.

Article 5. Documents for applying for construction permit for a project

1. Application form for construction permit, according to Form 12 of this Circular;

2. A certified copy or notarized copy of one of the documents on land use rights as prescribed by laws on land;

3. A certified copy of the Enterprise Registration Certificate or investment certificate;

4. Two sets of design drawings, each set including:

a) The overall site plan of the project or the overall site plan of each phase of the project at scale 1/100 - 1/500;

b) Site plans of individual buildings on the plot at scale 1/100 - 1/500, accompanied by a location diagram of the building;

c) Main elevation and section drawings of each building at scale 1/50 - 1/200;

d) Foundation site plans of each building at scale 1/100 - 1/200 and foundation sections of each building at scale 1/50, accompanied by a connection diagram with drainage systems, wastewater treatment systems, water supply, electricity supply, and communication systems at scale 1/50 - 1/200.

Article 6. Documents for applying for construction permit forindividual houses

1. For individual houses in urban areas:

a) Application form for construction permit, according to Form 13 of this Circular;

b) A certified copy or notarized copy of one of the documents on land use rights as prescribed by laws on land;

c) Two sets of design drawings, each set including:

- Site plan of the building on the plot at scale 1/50 - 1/500, accompanied by a location diagram of the building;

- Floor plans, main elevations, and main sections of the building at scale 1/50 - 1/200;

- Foundation site plan at scale 1/50 - 1/200 and foundation section at scale 1/50, accompanied by a connection diagram of drainage systems, wastewater treatment systems, water supply, electricity supply, and communication systems at scale 1/50 - 1/200.

2. For individual houses in rural areas:

a) Application form for construction permit, according to Form 14 of this Circular;

b) A certified copy or notarized copy of one of the documents on land use rights as prescribed by laws on land;

c) Two sets of design drawings, each set including:

- Construction site plan at scale 1/50 - 1/500, according to Form 15 of this Circular;

- Main elevation drawings of the building at scale 1/50 - 1/200;

- Connection diagram of drainage systems, wastewater systems, water supply, electricity supply, and communication systems at scale 1/50 - 1/200.

3. For interstitial construction projects with basements, in addition to the documents specified in Clause 1 and Clause 2 of this Article, the application dossier must also include a document approving the foundation construction method by the investor to ensure safety for the project and adjacent structures.

Article 7. Documents for applying for construction permit for repair and renovation cases

1. Application form for repair and renovation permit for buildings and houses, according to Form 16 of this Circular;

2. A certified copy or notarized copy of one of the documents on land use rights as prescribed by laws on land;

3. As-built drawings of the parts or components of the building being renovated corresponding to the scale of the drawings in the application dossier for repair and renovation, and photographs (10x15 cm) of the current state of the building and adjacent buildings before repair and renovation;

4. For historical, cultural, and scenic sites that have been classified, there must be a consent document from the competent state management agency according to the分级授权，请问您需要继续翻译吗？如果需要，我会直接提供接下来的翻译内容。请注意，由于之前的文本似乎在第26行被截断了，我将从那里开始继续翻译。如果您只需要特定部分，请告知具体范围。

Article 8. Application dossier for relocation permit of structures

1. Application form for relocation permit of structures according to Appendix No. 20 of this Circular;

2. As-built drawings of the structure (if available) or design drawings reflecting the current status of the structure to be relocated, at a scale of 1/50 to 1/200;

3. Overall site plan showing the location where the structure will be relocated, at a scale of 1/50 to 1/500;

4. Foundation plan at a scale of 1/100 to 1/200 and foundation section at a scale of 1/50 at the location where the structure will be relocated;

5. Other documents as prescribed in Clause 2, Clause 6, and Clause 7 of Article 13 of Decree No. 64/CP;

Article 9. Temporary Construction Permit

1. Based on the provisions stipulated in Clause 2, Article 26 of Decree 64/CP and based on the implementation plan of the master plan, the location of construction projects, the People's Committee of the province shall issue specific regulations on the scale of the project, maximum height, and the permitted existence period of the project to ensure safety, environmental hygiene, fire prevention, architecture, landscape, and technical infrastructure conditions.

2. The application dossier for a temporary construction permit shall be as prescribed for each type of project and individual houses as stipulated in Clause 1, Articles 3, 6, and 7 of this Circular. Notably, the title of the application form shall be changed to "Application for a Temporary Construction Permit".

3. In cases where the construction project under a temporary construction permit has exceeded its permitted existence period but the State has not yet implemented the master plan, if the investor requests an extension, they must propose to the issuing authority for consideration.

Article 10. Other Documents in the Application Dossier for a Construction Permit

Besides the documents prescribed for each type of project and individual houses as stipulated in Articles 3, 4, 5, 6, 7, 8, and 9, depending on the construction site, scale, and nature of the project, in comparison with the provisions of construction standards and specifications; specialized standards and related laws, the application dossier for a construction permit must also include the following documents:

1. Fire protection system drawings at a scale of 1/50 - 1/200, stamped with approval for projects required to have their fire protection plans approved according to the law on fire protection.

2. Report on design review results and the approval document for technical design or construction drawings issued by the investor in accordance with the law; Design review report conducted by the competent state management agency on construction or consulting organizations with sufficient qualifications as stipulated, accompanied by main structural drawings signed and stamped by the designing organization or individual. For individual houses, design review and approval reports are not mandatory unless the house has three floors or more or a total floor area of 250 m² or more, in which case the design must be carried out by a consulting organization or individual with sufficient qualifications as stipulated and bear responsibility for the quality of the design. The construction permit issuing authority only checks the validity of the main structural drawings. The designing organization and individual, and the design reviewer (if any), must bear responsibility for the design results they produce.² For individual houses with less than three floors or a total floor area smaller than 250 m²,

3. Decision approving the project along with the investment approval document from the competent state agency, and the opinion document on the basic design (if any) from the specialized state management agency on construction projects as stipulated.²households can organize their own design and bear responsibility for the safety of the project and adjacent structures.

4. Approval document for construction methods issued by the investor ensuring safety for the project and adjacent structures, for interstitial construction projects with basements.

5. Declaration of the capacity and experience of the designing organization and the principal designer according to Appendix 9 of this Circular, accompanied by a certified copy of the professional practice certificate of the principal designer.

5. Declaration of capacity and experience of the design organization and individuals serving as chief designer and lead designer according to Appendix No. 9 of this Circular, accompanied by certified copies of their professional practice certificates.

Article 11. Procedures for issuing construction permits̀nh examination for issuance of construction permit

1. Based on the provisions of Decree 64/CP and the guidance of this Circular, the People's Committee of the province shall issue detailed procedures for issuing construction permits that are suitable to the characteristics and circumstances of the locality. The agency responsible for issuing construction permits shall publicly display the procedures for issuing construction permits at the location where applications are received so that organizations and individuals can be informed.

2. When issuing a permit to the project investor, the agency issuing the construction permit shall stamp the architectural design drawings, including: floor plans, elevations, and main sections of the building; floor plans and foundation sections of the building. The stamped architectural design drawings are an inseparable part of the issued construction permit.

Article 12. Amending construction permits

The amendment of construction permits as stipulated in Article 10 of Decree 64/CP shall be implemented as follows:

1. For construction projects:

a) A request for amending the construction permit, according to Form 17 of this Circular;

b) The original construction permit that has been issued;

c) Architectural design drawings of the floor plan, elevations, and sectional views of the parts and components of the project proposed for amendment, at a scale of 1/50 - 1/200;

d) Report on the results of the technical review and approval document for the amended design by the project investor, including contents ensuring structural safety; fire prevention safety; environmental protection. The report on the results of the technical review (if any) shall be conducted by a consulting organization with sufficient capacity as prescribed.

đ) For construction projects that have commenced construction, it must be confirmed in writing by the competent authority for construction management that the project investor is constructing in accordance with the construction permit at the time of requesting to amend the construction permit.

2. For individual houses:

a) Individual houses in urban areas:

- A request for amending the construction permit, according to Form 18 of this Circular;

- The original construction permit that has been issued;

- Architectural design drawings of the floor plan, elevations, and sectional views of the parts and components of the house proposed for amendment, at a scale of 1/50 - 1/200;

b) For individual houses in rural areas:

- A request for amending the construction permit, according to Form 19 of this Circular;

- The original construction permit that has been issued;

- A layout plan of the adjusted construction floor plan according to Form 15 of this Circular;

3. The content of the amended construction permit shall be directly recorded on the issued construction permit or recorded as a separate annex and is an inseparable part of the issued construction permit.

4. In cases where construction is carried out contrary to the issued construction permit, violations must be handled according to current regulations before requesting to amend the construction permit.

Article 13. Authority to issue construction permits

The authority to issue, amend, extend, reissue, and revoke construction permits as stipulated in Article 14 of Decree 64/CP shall be implemented as follows:

1. The People's Committee of the province may delegate the Department of Construction to issue construction permits for special grade, Grade I, and Grade II construction projects; religious buildings, historical-cultural relics, monuments, and grand murals that have been classified within its administrative jurisdiction; construction projects on major streets in urban areas as prescribed by the provincial People's Committee; construction projects under foreign direct investment projects; construction projects under projects and other construction projects delegated by the provincial People's Committee.

2. The People's Committee of the district shall issue construction permits for the remaining construction projects and individual houses in urban areas, including individual houses in conservation areas recognized by the State within its administrative jurisdiction, except for those specified in Clause 1 of this Article.

3. The People's Committee of the commune shall issue construction permits for individual houses in rural residential areas that have approved planning and in areas as prescribed by the district People's Committee when construction requires a construction permit within its administrative jurisdiction.

4. Depending on organizational structure and management capacity, the provincial People's Committee may delegate the Industrial Zone Management Board and the New Urban Area Management Board to issue construction permits for construction projects within industrial zones and new urban areas, except for those specified in Clause 1 of this Article.

5. The construction permit shall be amended, extended, reissued, and revoked by the agency that issued the construction permit.

6. The provincial People's Committee shall decide to revoke construction permits issued by lower-level authorities in violation of regulations.

Article 14. Transitional Provisions

1. Construction works that, according to previous regulations before Decree 64/CP took effect, were not required to have construction permits but, according to Decree 64/CP, are now required to have construction permits, if they had commenced construction before Decree 64/CP took effect, shall not be required to apply for construction permits; however, if they had not commenced construction, they must submit application documents for construction permits in accordance with Decree 64/CP and the guidance provided in this Circular to be considered for issuance of construction permits prior to commencement of construction.

2. Adjustments to construction permits for works that were constructed before the effective date of Decree 64/CP shall be carried out in accordance with Decree 64/CP and the guidance provided in this Circular.

3. For urban areas and streets where land plots' functions have been basically stabilized without detailed planning or approved urban design, construction permits may be issued based on the provisions prior to the effective date of Decree 64/CP. As of July 1, 2013, the issuance of construction permits must be based on the conditions stipulated in Decree 64/CP and the guidance provided in this Circular.

4. Works falling under the categories specified in Article 121 of the Construction Law shall be implemented in accordance with Decision No. 39/2005/QĐ-TTg dated February 28, 2005 of the Government Chairman guiding the implementation of Article 121 of the Construction Law.

Article 15. Implementation Provisions

1. Effective Date: This Circular takes effect from February 6, 2013.

2. Ministries, ministerial-level agencies, People's Committees at all levels, relevant organizations, and individuals are responsible for implementing this Circular. Any difficulties encountered during implementation should be reported to the Ministry of Construction for consideration and resolution, and appropriate adjustments should be proposed.