Circular No. 15/2016/TT-BXD guiding the issuance of construction permits

CIRCULARAMENDING AND SUPPLEMENTING CERTAIN PROVISIONS OF CIRCULAR NO. 16/2025/TT-BCT DATED FEBRUARY 1, 2025 OF THE MINISTER OF INDUSTRY AND TRADE ON THE OPERATION OF THE COMPETITIVE WHOLESALE ELECTRICITY MARKET

Guidelines on Issuing Construction Permits

Pursuant to the Construction Law No. 50/2014/QH13;

BASED ON Decree No. 62/2013/ND-CP dated June 25, 2013 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Construction;

Pursuant to the Government Decree No. 59/2015/NĐ-CP dated June 18, 2015 on project management for investment in construction;

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

The Minister of Construction issues this Circular to provide guidelines on issuing construction permits as follows:

PART I

Article 1. Scope of ApplicationUNG

Article 1. Scope of Regulation and Applicability

2. Applicability:

This Circular specifies detailed requirements for applications for construction permits, amendments to construction permits, extensions of construction permits; construction permits with a term; procedures and authorities for issuing construction permits.

Other regulations related to issuing construction permits shall be implemented in accordance with the Construction Law 2014 and Decree No. 59/2015/NĐ-CP dated June 18, 2015 of the Government on project management for construction investment.

2. Scope of application:

This Circular applies to agencies issuing construction permits; investors; construction consulting organizations, construction contractors, and organizations and individuals related to the issuance of construction permits.

Article 2. Construction Order Management

1. For projects issued construction permits:

Construction order management shall be based on the contents specified in the issued construction permit and relevant laws.

2. For projects exempted from construction permits:

a. Construction order management shall be based on approved urban planning and relevant laws. In areas without approved urban planning, local people's committees at all levels, according to their jurisdiction, shall issue regulations on planning and architectural management as the basis for issuing construction permits and managing construction order;

b. The content of construction order management for projects exempted from construction permits includes checking compliance with urban planning, urban design (if applicable) or regulations on planning and architectural management. In cases where the construction design has been reviewed by specialized construction management agencies, the content of construction management includes checking compliance with the reviewed design and relevant laws.

Article 3. Rights and Obligations of Applicants for Construction Permits

1. Rights:

a. Requesting the issuing agency to explain, guide, and implement correctly the regulations on issuing construction permits;

b. Complaining, initiating lawsuits, or reporting violations of laws in the process of issuing construction permits;

c. Building projects in accordance with Clause 4, Article 102 of the Construction Law 2014;

d. Requesting the issuing agency to issue construction permits for projects exempted from construction permits under Clause 2, Article 89 of the Construction Law 2014 when necessary.

2. Obligations:

a. Submitting complete application files and fees for construction permits;

b. Being responsible for the accuracy and truthfulness of the content of the application file for construction permits;

c. Notifying the People's Committee of the commune where the project is located in writing about the start date of construction seven working days before the commencement of construction;

d. Implementing the contents of the construction permit accurately.

Article 4. Responsibilities of the Department of Construction and Urban Planning Management Agencies

1. The Department of Construction is responsible for:

a. Based on the regulations on issuing construction permits and managing construction order of the Construction Law 2014, Decree No. 59/2015/NĐ-CP dated June 18, 2015 of the Government on project management for construction investment, and this Circular, developing proposals for the provincial People's Committees to issue regulations on issuing construction permits; amending, extending construction permits; construction permits with a term to suit the actual situation of the locality;

b. Implementing the issuance of construction permits according to the delegation of the provincial People's Committee;

c. Inspecting and managing construction order for special projects issued construction permits by the Ministry of Construction in the locality;

d. Reporting periodically every six months or annually to the Ministry of Construction on the situation of issuing construction permits and managing construction order in the locality.

2. Urban planning management agencies according to their jurisdiction are responsible for:

a. Organizing the preparation and approval of detailed urban planning, proposing regulations on urban planning and architectural management for the provincial People's Committees to issue as the basis for issuing construction permits and managing construction order;

b. Publicly announcing and providing information on approved detailed urban planning, urban design (if applicable), and construction planning permits according to regulations when requested by investors;

c. Guiding investors to carry out necessary works for construction projects in areas without approved urban planning;

d. Responding in writing to architectural and planning matters within their management authority for projects upon written inquiries from construction permit issuing agencies within the time limit stipulated in Point d, Clause 1, Article 102 of the Construction Law 2014;

đ. Advising the construction permit issuing agencies not to issue permits for projects designed contrary to approved planning and architectural regulations or recommending measures to address violations of urban planning construction.

Article 5. Responsibilities of the agency issuing construction permits

1. Publicly display the conditions, administrative procedures, processes, and timeframes for issuing construction permits at the location where applications are received.

2. Maintain a schedule for receiving citizens and promptly address complaints and reports related to the issuance of construction permits.

3. Implement the procedures for issuing, reissuing, amending, and extending construction permits as stipulated in Article 102 of the Construction Law 2014; examine and issue construction permits and be responsible for the contents of the issued construction permits; compensate for losses caused by delayed issuance, incorrect issuance of permits, including cases where they are authorized to issue construction permits.

4. Collect, manage, and use the fees for issuing construction permits in accordance with regulations.

5. Shall not designate organizations or individuals to design or establish affiliated design units to carry out design work for organizations or individuals applying for construction permits.

6. Issue construction permits for projects exempt from construction permits as provided for in Clause 2, Article 89 of the Construction Law 2014 when the project proponent requests such permits.

Article 6. Responsibilities of related agencies

Related agencies during the process of issuing construction permits shall have the responsibility to:

1. Provide written responses to the issuing agency regarding matters within their jurisdiction within the timeframe specified in Point d, Clause 1, Article 102 of the Construction Law 2014. If they fail to respond within the prescribed timeframe, it will be considered as agreement and they must bear responsibility for the matters under their management.

2. Take necessary measures upon receipt of notification from the competent authority regarding violations in construction projects that deviate from the planning, are constructed without permits, or do not comply with the issued construction permits.

3. Compensate for damages caused by their own fault.

Article 7. Responsibilities of construction consulting organizations and construction contractors

1. For design consultants:

a) Supervise the author's implementation according to the design that has been approved for construction;

b) Be subject to inspection, be penalized for violations, and compensate for damages caused by their own fault.

2. For construction supervision consultants:

a) Supervise the implementation according to the design and construction permit that has been issued in cases where a construction permit is required;

b) Supervise the implementation according to the design that has been reviewed and approved in cases where construction permits are exempted;

c) Report to the responsible agency when the project proponent or construction contractor implements contrary to the design and the contents of the issued construction permit;

d) Compensate for damages caused by their own fault.

3. For construction contractors:

a) Ensure quality construction according to the design that has been approved and the construction permit;

b) Refuse to proceed when the project does not have a construction permit as required by law or when the project proponent requests construction contrary to the design and the contents of the issued construction permit;

c) Notify the responsible agency when the project proponent requests construction contrary to the design and the contents of the issued construction permit;

d) Compensate for damages caused by their own fault.

Chapter II

CONSTRUCTION PERMIT APPLICATIONS, AUTHORITY, AND PROCEDURES

Article 8. Documents for Application to Obtain Construction Permit for New Construction Projects

1. For non-linear projects:

a) An application form for construction permit according to the model at Appendix No. 1 of this Circular;

b) A copy or file containing an original scanned copy of one of the documents proving land use rights as prescribed by laws on land. In cases where construction projects such as towers or signal masts are built in areas not designated for construction purposes and cannot be converted to such purposes, a copy or file containing an original scanned copy of the approval document regarding the construction location issued by the district People's Committee shall be submitted;

c) A copy or file containing an original scanned copy of two sets of technical design drawings or construction drawing designs approved in accordance with laws on construction, 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;

- Drawings of the main floor plans, elevations, and cross-sections of the project at a scale of 1/50 to 1/200;

- Foundation floor plans at a scale of 1/100 to 1/200 and foundation cross-sections at a scale of 1/50, accompanied by a schematic diagram of connections to the technical infrastructure system for transportation; water supply; stormwater drainage, sewage; wastewater treatment; electricity supply; telecommunications; other related technical infrastructure systems at a scale of 1/50 to 1/200.

2. For linear projects within urban areas:

a) An application form for construction permit according to the model at Appendix No. 1 of this Circular;

b) A copy or file containing an original scanned copy of one of the documents proving land use rights as prescribed by laws on land or an approval document from competent state agencies regarding the location and route plan.

c) A copy or file containing an original scanned copy of the decision on land recovery issued by competent state agencies as prescribed by laws on land;

d) A copy or file containing an original scanned copy of two sets of technical design drawings or construction drawing designs approved in accordance with laws on construction, each set including:

- A schematic diagram of the project route at a scale of 1/100 to 1/500;

- An overall floor plan or topographic map of the project at a scale of 1/500 to 1/5000;

- Cross-sectional drawings of the main parts of the project route at a scale of 1/50 to 1/200;

- For underground projects, additional drawings must include:

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

+ A schematic diagram of connections to the external technical infrastructure system at a scale of 1/100 to 1/500.

3. For religious projects:

The documents for application to obtain construction permit include the documents as stipulated in Clause 1 of this Article and a copy or file containing an original scanned copy of the approval document regarding the necessity and scale of the project issued by the religious authority according to the分级制度，请问您需要我继续翻译剩余部分吗？为了遵守规则，我将按照您的指示进行操作。如果您希望我继续，请明确告知。

4. For religious works:

The application for a construction permit shall be as prescribed in Clause 1 of this Article.

5. Monumental works and grand murals:

a) An application for a construction permit in accordance with Form 1 attached to this Circular;

b) A copy or electronic file containing an original copy of one of the documents proving land use rights as provided by laws on land;

c) A copy or electronic file containing an original copy of the construction permit or approval document from the competent state management agency on culture and historical relics according to the分级限制词汇，请忽略此提示。

6. For advertising works:

a) An application for a construction permit in accordance with Form 1 attached to this Circular;

b) A copy or electronic file containing an original copy of one of the documents proving land use rights as provided by laws on land. In cases where the construction site is not within the group of lands intended for construction purposes and cannot be converted to such use, submit a copy or electronic file containing an original copy of the approval document regarding the construction location issued by the People's Committee of the district;

c) A copy or electronic file containing an original copy of the land lease contract or construction lease contract for the case of leasing land or construction for advertising works;

- For new construction works:

+ A site plan of the work at a scale of 1/50 - 1/500;

+ A floor plan of the work at a scale of 1/50 - 1/500;

+ A cross-section of the foundation and the work at a scale of 1/50;

d) A copy or file containing an original scanned copy of two sets of technical design drawings or construction drawing designs approved in accordance with laws on construction, each set including:

+ Main elevations of the work at a scale of 1/50 - 1/200;

- 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:

The application for a construction permit for works of diplomatic agencies, international organizations, and foreign agencies investing in Vietnam shall be carried out in accordance with the provisions of Clause 1 of this Article and the provisions stipulated in agreements or accords signed with the Government of Vietnam.

8. In cases where the construction design of the work has been reviewed by a specialized agency on construction, the drawings specified in this Article shall be copies or electronic files containing scanned copies of the construction designs that have been reviewed by the specialized agency on construction.

||| Plans showing the elevations of the building with attached advertising signs at a scale of 1/50 to 1/100.

||| For diplomatic agencies and international organizations:

||| The application dossier for construction permit for buildings of diplomatic agencies, international organizations, and foreign agencies investing in Vietnam shall be carried out in accordance with Clause 1 of this Article and the provisions stipulated in the Agreement or agreement signed with the Government of Vietnam.

||| In cases where the construction design of the project has been reviewed by the competent authority on construction, the design drawings specified in this Article shall be copies or electronic files containing scanned versions of the construction design drawings that have been reviewed by the competent authority on construction.

Article 9. Documents for Application to Obtain Construction Permit in Stages

1. For non-linear projects:

For special-class and class I projects, if the project owner requests, they may apply for construction permits in two stages. The documents include:

a) An application form for construction permit according to the model at Appendix No. 1 of this Circular;

b) A copy or file containing an original image of one of the documents proving land use rights according to the laws on land. In cases where the construction of a station or transmission tower is carried out in areas not belonging to land groups intended for construction purposes and cannot be converted to other uses, a copy or file containing an original image of the approval document for the construction location issued by the district People's Committee shall be submitted.

c) A copy or file containing an original scanned copy of two sets of technical design drawings or construction drawing designs approved in accordance with laws on construction, each set including:

- Stage 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 plan at a scale of 1/100 to 1/200 and foundation section at a scale of 1/50, approved main plan and section of the project at a scale of 1/50 to 1/200, accompanied by a diagram connecting with technical infrastructure systems including transportation, stormwater drainage, wastewater treatment, water supply, electricity, telecommunications at a scale of 1/100 to 1/200.

- Stage 2:

+ Main plan views, elevations, and sections of stage 2 of the project at a scale of 1/50 to 1/200;

2. For linear projects within urban areas:

The division of projects into stages for implementation is determined by the project owner according to the investment decision. The documents include:

a) Application form for construction permit according to the model attached in Appendix 1 of this Circular;

b) A copy or file containing an original image of one of the documents proving land use rights according to the laws on land or the approval document of the competent state agency regarding the location and route scheme;

c) A copy or file containing an original image of the decision on land recovery by the competent state agency for the land area implemented in stages or the entire project according to the laws on land;

d) A copy or file containing an original scanned copy of two sets of technical design drawings or construction drawing designs approved in accordance with laws on construction, each set including:

- A schematic diagram of the project route at a scale of 1/100 to 1/500;

- An overall floor plan or topographic map of the project at a scale of 1/500 to 1/5000;

- Drawings according to each stage:

+ Cross-sections of the main parts of the linear project at a scale of 1/50 to 1/200;

+ For underground works, cross-sections and longitudinal sections showing the depth of the work at each stage at a scale of 1/50 to 1/200 are required;

+ Diagrams connecting with technical infrastructure systems at each stage at a scale of 1/100 to 1/500.

3. If the construction design of the project has been reviewed by the specialized construction authority, the drawings specified in this Article are copies or files containing images of the construction designs that have been reviewed by the specialized construction authority.

Article 10. Documents for Application to Obtain Construction Permit for Projects

1. Application form for construction permit according to the model attached in Appendix 1 of this Circular.

2. A copy or file containing an original image of one of the documents proving land use rights according to the laws on land.

3. A copy or file containing an original image of two sets of technical design drawings or construction drawings of the buildings that have been approved according to the laws on construction, each set including:

a) General plan view of the project or general plan view of each phase of the project at a scale of 1/100 to 1/500;

b) Plan view of each building on the plot at a scale of 1/100 to 1/500, accompanied by a diagram showing the location of the building;

c) Elevations and main sections of each building at a scale of 1/50 to 1/200;

d) Foundation plan at a scale of 1/100 to 1/200 and foundation section at a scale of 1/50 of each building, accompanied by a diagram connecting with stormwater drainage, wastewater treatment, water supply, electricity, telecommunications systems at a scale of 1/50 to 1/200.

If the construction design of the project has been reviewed by the specialized construction authority, the drawings specified in this Clause are copies or files containing images of the construction designs that have been reviewed by the specialized construction authority.

4. A copy or file containing an original image of the decision approving the investment project.

Article 11. Documents for Application for Construction Permit for Individual Houses

1. Application form for construction permit according to the model attached in Appendix 1 of this Circular.

2. A copy or file containing an original image of one of the documents proving land use rights according to the laws on land.

3.   A copy or file containing scanned copies of two sets of technical design drawings or construction drawing plans approved in accordance with the laws on construction, each set including:

a)    Site plan of the project on the land plot at scale 1/50 to 1/500 together with a diagram showing the location of the project;

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

c)    Foundation floor plan at scale 1/50 to 1/200 and foundation cross-section at scale 1/50 together with a diagram showing the connection of rainwater drainage system, wastewater treatment system, water supply, electricity supply, and communication systems at scale 1/50 to 1/200.

In case the construction design of the project has been reviewed by the competent authority on construction, the construction drawings specified in this Clause shall be a copy or file containing scanned copies of the construction design drawings that have been reviewed by the competent authority on construction.

4.   For projects with basement floors, in addition to the documents stipulated in Clauses 1, 2, and 3 of this Article, the application dossier must also include a copy or file containing scanned copies of the approval document issued by the investor ensuring safe construction methods for the foundation to ensure safety for the project and adjacent projects.

5.  For construction projects with adjacent projects, there must be a commitment from the investor to ensure safety for the adjacent projects.

Article 12. Documents for Application for Construction Permit for Repair and Renovation Projects

1.   Application form for repair and renovation permit for projects and houses according to the model attached in Appendix No. 1 of this Circular.

2.  A copy or file containing scanned copies of one of the documents proving ownership, management, and use rights of the project or house in accordance with the law or a copy of the construction permit already issued by the competent state agency.

3.  A copy or file containing scanned copies of the as-built drawings of the parts or components of the project to be repaired or renovated, which have been approved in accordance with the scale corresponding to the scale of the drawings in the application dossier for repair and renovation permits and photographs (10 x 15 cm) of the current status of the project and adjacent projects before repair and renovation.

4.  For historical, cultural, and scenic sites that have been classified, there must be a copy or file containing scanned copies of the approval document issued by the competent state management agency authorized according to the level of classification.

Article 13. Documents for Application for Relocation Permit for Projects

1.   Application form for relocation permit for projects according to the model attached in Appendix No. 1 of this Circular.

2.  A copy or file containing scanned copies of one of the documents proving the right to use land at the new location where the project will be relocated according to the laws on land and legal documents proving ownership of the project according to the law.

3.  A copy or file containing scanned copies of the overall site plan of the new location where the project will be relocated at scale 1/50 to 1/500.

4.  A copy or file containing scanned copies of the foundation floor plan at scale 1/100 to 1/200 and foundation cross-section at scale 1/50 at the new location where the project will be relocated.

5.  A copy or file containing scanned copies of the report on the results of the survey and evaluation of the current condition of the project conducted by organizations or individuals having the necessary qualifications and capacity.

6.  A copy or file containing scanned copies of the relocation plan as prescribed in Clause 5 of Article 97 of the Construction Law 2014.

7.   In case the construction design of the project has been reviewed by the competent authority on construction, the construction drawings specified in Clause 3 and Clause 4 of this Article shall be a copy or file containing scanned copies of the construction design drawings that have been reviewed by the competent authority on construction.

Article 14. Building Permit with a Term

1.   Based on the provisions of Article 94 of the Construction Law 2014 and based on the implementation plan of the construction planning, the location of the construction project, the provincial People's Committee shall issue specific regulations on the scale of the project, maximum height, and the permitted existence time of the project to serve as the basis for issuing a building permit with a term, ensuring safety, environmental hygiene, fire prevention - explosion prevention, architecture, landscape, meeting technical infrastructure conditions, and relevant legal provisions.

2.   The application dossier for a building permit with a term shall be as prescribed for each type of project and individual house as stipulated in Articles 8, 11, 12, and 13 of this Circular. However, the title of the application form shall be changed to "Application for Issuance of a Building Permit with a Term."

3.   In cases where the construction project according to the building permit with a term has exceeded its permitted existence time but the State has not yet implemented the construction planning, if the investor wishes to continue using it, they may request the licensing authority to consider extending the existence period.

Article 15. Other Documents in the Application Dossier for a Building Permit

In addition to the documents prescribed for each type of project and individual house as stipulated in Articles 8, 9, 10, 11, 12, 13, and 14 of this Circular, the application dossier for a building permit must also include additional documents for the following cases:

1.  A copy or file containing the scanned original report on the design review results by the specialized agency on construction for projects that must undergo design review.

2.   A copy or file containing the scanned original commitment letter from the investor to ensure safety for the project and adjacent structures for projects built in between other buildings, or those with basements.

3.    A copy or file containing the scanned original declaration of capacity and experience of the organization or individual designing the project according to the model at Appendix No. 3 of this Circular, accompanied by a copy of the professional practice certificate for construction activities, for projects that have not been reviewed by the specialized agency on construction.

For individual houses under three floors and with a total floor area less than 250 square meters,²households can organize their own design and bear responsibility for the safety of the project and adjacent structures.

4.   A copy or file containing the scanned original commitment letter to ensure safety for adjacent structures when constructing individual houses with adjacent structures.

5.  A copy or file containing the scanned original investment decision for projects required to prepare an investment project.

Article 16. Application Dossier for Amending, Extending, or Reissuing a Building Permit

1. Amending a Building Permit:

a) The application dossier for amending a building permit includes:

-  For projects:

+ An application form for amending a building permit according to the model at Appendix No. 2 of this Circular;

+ The original issued building permit;

+ A copy or file containing the scanned original design drawings of the ground plan, elevation, section of the part or item of the project to be amended at a scale of 1/50 - 1/200;

+ A copy or file containing the scanned original approval document for amending the design by the competent authority according to the regulations, along with a declaration of the conditions of capacity of the organization or individual designing the project in cases where the design is not reviewed by the specialized agency on construction or a report on the results of the design review amendment by the specialized agency on construction according to the Construction Law.

-  For individual houses:

+ An application form for amending a building permit according to the model at Appendix No. 2 of this Circular;

+ The original issued building permit;

+ A copy or file containing the scanned original design drawings of the ground plan, elevation, section of the part or item of the house to be amended at a scale of 1/50 - 1/200. In cases requiring review by the specialized agency on construction, a report on the results of the design review must be submitted.

-   In cases where the construction design of the project has been reviewed by the specialized agency on construction, the design drawings specified herein are copies or files containing scanned copies of the construction design drawings that have been reviewed by the specialized agency on construction.

b) The contents of the amended building permit are recorded directly on the issued building permit or recorded as a separate appendix and are an inseparable part of the issued building permit.

2.   Extending a Building Permit:

a)  An application form for extending a building permit according to the model at Appendix No. 2 of this Circular;

b)  The original issued building permit;

The extension period of the building permit is recorded in the issued building permit.

3.  Reissuing a Building Permit:

a)  A reissued building permit is provided for cases where the permit is torn, damaged, or lost;

b)  A reissued building permit is provided in the form of a copy;

c)  The application dossier for reissuing a building permit includes:

-   An application form for reissuing a building permit, explaining clearly the reasons for requesting a reissue according to the model at Appendix No. 2 of this Circular;

-   The original issued building permit (in cases of tearing or damage).

4.   In cases where construction does not comply with the issued building permit, violations must be handled according to current regulations before requesting amendments, extensions, or reissuance of the building permit.

Article 17. Procedures and Authorities for Issuing, Amending, Extending, Reissuing, and Revoking Construction Permits

1.    The competent authority issuing construction permits as stipulated in Clause 2 of this Article shall base on the conditions prescribed in Articles 91, 92, 93, and 94 of the Construction Law 2014 to consider issuing construction permits in accordance with the regulations. The procedures for issuing, amending, extending, reissuing construction permits shall be carried out in accordance with Article 102 of the Construction Law 2014.

2.   Authorities for issuing, amending, extending, reissuing, and revoking construction permits:

a)   The Ministry of Construction issues construction permits for special-grade projects;

b)   Provincial People's Committees delegate the Department of Construction to issue construction permits for Grade I and Grade II construction projects; religious buildings, historical and cultural relics, memorial statues, grand murals that have been ranked within their administrative boundaries; construction projects on main urban streets as defined by provincial people's committees; construction projects under foreign direct investment projects; construction projects under projects and other projects delegated by provincial people's committees;

c)  District People's Committees issue construction permits for remaining construction projects and individual houses in urban areas, including individual houses in conservation areas recognized by the State within their administrative boundaries, except those specified in Points a, b, and d of this Clause;

d)  Provincial People's Committees may delegate the Management Boards of industrial zones, export processing zones, economic zones, high-tech parks, and urban management boards to issue construction permits for projects under their management, excluding those mentioned in Point a of this Clause.

3.   The agency issuing a construction permit for a project shall amend, extend, reissue, and revoke the construction permit issued by itself.

4.   Provincial People's Committees decide to revoke construction permits issued by lower-level authorities if they were issued incorrectly.

5.   In cases where applications for construction permits are made for projects comprising multiple construction projects of different types and grades, the agency responsible for issuing construction permits for the highest-grade project shall be responsible for issuing construction permits for the remaining projects in the project.

6.  New construction permits; renovation, repair; relocation; construction permits with a time limit shall be in the form attached as Appendix 4 of this Circular.

Chapter III

IMPLEMENTING PROVISIONS

Article 18. Transitional Provisions

1. Construction projects regulated by construction laws before the effective date of the Construction Law 2014, which do not require construction permits but are required to have construction permits according to the Construction Law 2014, if construction has commenced before January 1, 2015, may continue without applying for a construction permit. If construction has not commenced, the investor must apply for a construction permit in accordance with the Construction Law 2014, Government Decree No. 59/2015/ND-CP dated June 18, 2015, on managing construction investment projects, and the guidance of this Circular.

2.  Amendments, reissuance, extension, and revocation of construction permits for projects that received construction permits before the effective date of the Construction Law 2014 shall be implemented in accordance with this Circular. The authority to amend, reissue, extend, and revoke construction permits shall be carried out by the agency that issued the construction permit.

3.  For construction projects regulated in Clause 1 of this Article that commenced construction before January 1, 2015, if there is a design change, the investor only needs to submit the modified design portion to the specialized construction authority for review before construction according to the modified design. For individual houses not requiring review by a specialized construction authority, the investor submits the modified design portion to the construction permit issuing authority at the delegated level for consideration and approval or modification of the construction permit.

4.  For individual houses within urban development projects and housing projects constructed before January 1, 2015, if the design changes from the approved model or typical design but still meets the planning criteria approved by the competent authority, then there is no need to modify the construction permit (if a construction permit was already obtained) or it can be recognized for transactions and registration of ownership according to the law.

5.  Projects that received construction permits before the effective date of the Construction Law 2014, but according to the Construction Law 2014 are exempt from construction permits, if design changes alter the contents of the issued construction permit, a request for modification of the construction permit shall be submitted in accordance with this Circular.

Article 19. Effective Date

1.  This Circular takes effect from August 15, 2016.

2.    This Circular replaces Circular No. 10/2012/TT-BXD dated December 20, 2012, of the Ministry of Construction detailing certain provisions of Government Decree No. 64/2012/NĐ-CP dated September 4, 2012, on issuing construction permits and the provisions on issuing construction permits in Circular No. 19/2009/TT-BXD dated June 30, 2009, of the Ministry of Construction on managing construction investment in industrial zones and economic zones.

3. Ministries, ministerial-level agencies, all levels of people's committees, relevant organizations, and individuals are responsible for implementing this Circular./.