Joint Circular No. 12/2007/TTLT-BXD-BTTTT guiding the issuance of construction permits for mobile communication base station transmission and reception facilities in urban areas.

JOINT CIRCULAR

Guidelines for Issuing Construction Permits for Mobile Communication Base Station Buildings in Urban Areas

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Pursuant to Decree No. 86/2002/NĐ-CP dated November 5, 2002 of the Government on the functions, tasks, powers, and organizational structure of Ministries and ministerial-level agencies.

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

Pursuant to Decree No. 112/2006/NĐ-CP dated September 29, 2006 of the Government amending and supplementing certain articles of Decree No. 16/2005/NĐ-CP on project management for construction works.

The Ministry of Construction and the Ministry of Information and Communications issue guidelines for issuing construction permits for mobile communication base station buildings in urban areas as follows:

This technical regulation sets out technical requirements, testing methods, sampling procedures; management requirements; responsibilities of organizations and individuals producing, trading, and importing cigarettes.

Thông tư này quy định chi tiết khoản 4 Điều 38 Luật Thủy sản số 18/2017/QH14 đã được sửa đổi, bổ sung tại điểm c khoản 21 Điều 14 Luật số 146/2025/QH15.

These Circulars provide guidance on the issuance of construction permits for the construction and installation of mobile communication base stations in urban areas (hereinafter referred to as BTS stations).

Thông tư này áp dụng đối với tổ chức, cá nhân có liên quan đến hoạt động kinh doanh đối tượng thủy sản nuôi chủ lực trên lãnh thổ Việt Nam.

These Circulars apply to state administrative agencies and organizations and individuals investing in the construction and installation of BTS stations in urban areas.

3. Purpose and Requirements

3.1. The issuance of these Circulars aims to reduce administrative procedures in the issuance of construction permits for BTS stations; accelerate the construction and installation of mobile communication base stations to serve economic and social development, national security, and defense.

3.2. The construction and installation of BTS stations in all cases must ensure safety for the works and adjacent works; meet technical standards and specifications; not affect the environment or public health; comply with urban planning, architecture, and landscape requirements.

4. Definitions

In this Circular, the following terms are understood as follows:

4.1. Type 1 BTS station: A construction work including the base station building and the antenna tower for receiving and transmitting mobile communication signals built on the ground.

4.2. Type 2 BTS station: An antenna tower for receiving and transmitting mobile communication signals and auxiliary equipment installed on existing structures.

5. Construction Permits Required for BTS Stations

5.1. When constructing or installing BTS stations, the investor must apply for a construction permit according to the guidelines of this Circular and relevant current regulations.

5.2. Type 2 BTS stations installed outside the area requiring a construction permit are exempt from obtaining a construction permit.

6. Area Requiring a Construction Permit

6.1. The area requiring a construction permit includes:

- Airport areas, national security and defense areas

- Central cultural and political areas that require management of architecture and urban landscapes.

- Other areas that require management of architecture and urban landscapes.

6.2. Depending on the specific circumstances of each locality, the Provincial People's Committee shall stipulate and publicly announce the scope of the area requiring a construction permit.

7. Requirements for Design of Type 2 BTS Stations

7.1. Before designing, a survey and inspection of the load-bearing parts of the structure must be conducted to determine the installation location of the antenna tower and auxiliary equipment.

7.2. The design of the structure and construction drawings of the antenna tower must be based on the specific conditions of the structure, natural and climatic conditions of the installation area to ensure load-bearing capacity, safety, and stability of the structure and antenna tower after installation.

II. REGULATIONS ON CONSTRUCTION PERMITS

1. Application Documents for Construction Permits

1.1. Application documents for construction permits for Type 1 BTS stations include:

a) An application form for a construction permit according to the model at Appendix 1 of this Circular;

b) A valid copy of land use rights documents in accordance with the law;

c) Design documents reviewed in accordance with regulations, including floor plans, cross-sections, typical elevations; foundation floor plans of the structure; technical connection diagrams for electricity, water supply, and drainage.

1.2. Application documents for construction permits for Type 2 BTS stations located within the area requiring a construction permit include:

a) An application form for a construction permit according to the model at Appendix 2 of this Circular;

b) A lease agreement for station placement with the owner of the structure;

c) Layout diagrams of the structure, typical elevation drawings of the station and antenna tower installed on the structure.

2. Content and Authority to Issue Construction Permits

2.1. The content of construction permits for Type 1 BTS stations is according to the model at Appendix 3; for Type 2 BTS stations, it is according to the model at Appendix 4 of this Circular.

2.2. Authority to Issue Construction Permits:

The authority to issue construction permits for BTS stations is implemented according to the local classification based on current regulations regarding the issuance of construction permits.

3. Conditions for Installing Type 2 BTS Stations Outside the Area Requiring a Construction Permit

When installing Type 2 BTS stations outside the area requiring a construction permit, the investor does not need to apply for a construction permit but must meet the following conditions:

3.1. Have a lease agreement for station placement with the owner of the structure;

3.2. Have a design meeting the requirements specified in Clause 7 of Part I of this Circular.

3.3. Ensure airspace clearance for flight operations, airspace management, and protection according to the law.

3.4. Comply with grounding, lightning protection, fire prevention, and firefighting requirements under current regulations.

3.5. Must notify the People's Committee of the commune where the station is to be installed seven days before commencement of installation. The notification content is according to Appendix 5 of this Circular.

III. IMPLEMENTATION

1. Ministry of Construction

Guide and inspect the Departments of Construction (or Urban Planning and Architecture) to implement the provisions of this Circular.

2. Ministry of Information and Communications

Guide and inspect the Posts and Telecommunications Departments; related organizations and individuals in implementing the provisions of this Circular.

3. People's Committees of Provinces and Centrally Governed Cities

3.1. Direct subordinate specialized agencies to implement the provisions of this Circular.

3.2. Issue regulations on areas where Type 2 BTS stations must obtain construction permits when installed.

4. Department of Construction (or Urban Planning and Architecture)

The Department of Construction (or Urban Planning and Architecture) guide and inspect the construction and installation of BTS stations in their jurisdiction according to the guidelines of this Circular.

5. Posts and Telecommunications Department

5.1. Take the lead and coordinate with the Department of Construction (or Urban Planning and Architecture) to determine the scope of areas requiring construction permits for Type 2 BTS stations and submit them to the Provincial People's Committee for promulgation.

5.2. Organize propaganda and dissemination to relevant organizations and individuals to ensure they fully understand the purpose and requirements of constructing and installing BTS stations.

5.3. Take the lead and coordinate with relevant agencies to inspect the implementation of the provisions of this Circular.

6. Other Relevant Organizations and Individuals

6.1. Organizations investing in the construction and operation of BTS stations shall be responsible for:

a) Coordinating with the Department of Posts and Telecommunications, the Department of Construction (or the Department of Planning and Architecture) to propose plans for developing mobile communication networks in each locality.

b) Adhering to the provisions of this Circular and other relevant laws.

c) Participate in propaganda and dissemination regarding the purpose and significance of constructing and installing BTS stations.

d) Bear legal responsibility for violations resulting from non-compliance with the provisions of this Circular and other relevant laws; bear responsibility for compensating for damages caused by their own fault.

6.2. Organizations and individuals involved in designing, constructing, and installing BTS stations shall be responsible for implementing the provisions of this Circular and other relevant laws.

7. Effectiveness of Implementation

7.1. This Circular shall take effect fifteen days after its publication in the Official Gazette.

7.2. During the implementation process, if there are difficulties or obstacles, they should be promptly reported to the Ministry of Construction and the Ministry of Information and Communications for consideration and resolution.