Decree No. 64/2012/NĐ-CP on Issuing Construction Permits

DECREE

On Issuing Construction Permits

__________

Pursuant to the Law on Organization of the Government dated December 25, 2001;

Pursuant to the Construction Law dated November 26, 2003;

Pursuant to Law No. 38/2009/QH12 amending and supplementing certain articles of laws related to construction investment;

Pursuant to the Urban Planning Law dated June 17, 2009;

At the proposal of the Minister of Construction;

The Government issues this Decree on construction permits,

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation and Applicability

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.

This Decree stipulates conditions, procedures, formalities, authority for issuing construction permits; supervision of construction implementation according to construction permits; rights and responsibilities of organizations and individuals related to construction permit issuance work and construction management according to construction permits.

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.

This Decree applies to domestic and foreign organizations and individuals who are investors in construction projects; organizations and individuals related to construction permit issuance work and supervision of construction implementation according to construction permits within the territory of Vietnam. In cases where international treaties to which the Socialist Republic of Vietnam is a party have different provisions, such provisions shall apply.

Article 2. Interpretation of Terms

1. Construction Permit: Is a legal document issued by a competent state agency for investors to construct new buildings, repair, renovate, or relocate buildings.

2. Construction Permit for Construction Projects: Is a permit issued for constructing civil, industrial, transportation, water conservancy, and technical infrastructure projects.

3. Construction Permit for Individual Housing: Is a permit issued for constructing individual housing in urban areas or rural areas.

4. Temporary Construction Permit: Is a permit issued for constructing projects or individual housing that can be used for a specified period according to the implementation schedule of the construction plan.

5. Stage-by-Stage Construction Permit: Is a permit issued for parts of a project or projects within a project when the design of the entire project or the entire project has not been completed.

6. Repair and Renovation Construction Permit: Is a permit issued for repairing and renovating existing buildings with changes to architectural facades, load-bearing structures, scale, and usage functions.

Article 3. Construction Permit

1. Prior to commencing construction of a project, the investor must obtain a construction permit, except for the following projects:

a) State secret projects, emergency projects, temporary projects serving the construction of main projects, and other projects exempted from construction permits as prescribed by the Government;

b) Linear construction projects not passing through urban areas but conforming to approved construction plans;

c) Projects under investment and construction programs decided upon by the Prime Minister, Ministers, Heads of Ministries equivalent to Ministries, and Chairpersons of People's Committees at all levels;

d) Repairs, renovations, and installations inside buildings without changing exterior architecture, load-bearing structures, usage functions, and safety;

đ) Technical infrastructure projects requiring only economic-technical reports and individual housing in remote areas where there is no approved rural settlement planning (new rural area construction planning) by a competent state agency.

2. Construction permits include the following types:

a) New construction;

b) Repair and renovation;

c) Relocation of buildings.

3. For Class I and Special Class projects, if the investor requests, they may be considered for stage-by-stage construction permits. For non-linear projects, construction permits may be issued for a maximum of two stages, including the foundation and basement (if any) stage and the superstructure stage.

4. For projects comprising multiple projects, the investor may request consideration for construction permits for one, several, or all projects within the program.

4. For a project consisting of multiple works, the investor may request to be considered for issuance of a construction permit for one, several, or all of the works within the project.

Article 4. Contents of the Construction Permit

The main contents of the Construction Permit include:

1. Name of the project (the construction work belongs to the project).

2. Investor (name of the investor, contact address).

3. Location and position for constructing the work; construction route (for works along a route).

4. Type and level of the work.

5. Foundation level of the work.

6. Red line boundary, construction boundary.

7. Building density.

8. Land use coefficient.

9. Safety requirements for the work and adjacent works.

10. Environmental requirements, fire prevention and fighting, safety corridors.

11. For civil works, industrial works, individual houses, apart from the contents prescribed in the above points, there must also be contents about the first floor construction area; total floor area; number of floors including basement, attic, technical floor, loft, tower (if any); maximum height of the entire work; color and material of the work.

12. Deadline for starting construction of the work: Not later than 12 months from the date of issuance of the Construction Permit.

13. Requirements that the investor must implement during the construction process.

Chapter II

ISSUANCE OF CONSTRUCTION PERMIT

Article 5. General Conditions for Issuing Construction Permits for Various Types of Construction Works and Individual Houses

Various types of construction works and individual houses shall be issued with a Construction Permit when meeting the following conditions:

1. Complying with construction planning, land use purposes, investment objectives.

2. Depending on the scale, nature, location of construction, the construction work must comply with regulations on red line boundaries, construction boundaries; ensure safety of the work and adjacent works and meet the requirements of: Clearances, navigable depth, environmental protection requirements according to laws, fire prevention and fighting (PCCC), technical infrastructure (transportation, electricity, water, telecommunications), protective corridors for hydraulic works, dikes, energy, transportation, cultural heritage areas, historical and cultural relics, and maintain distances from flammable, explosive, toxic works, and important works related to national security.

3. Design documents must be carried out by organizations or individuals having sufficient qualifications as stipulated; designs must be reviewed and approved according to regulations. For individual houses with a total floor area less than 250 m², under three floors, and not located in areas protecting historical and cultural relics, the investor may organize design and construction themselves and bear responsibility for the safety of the work and adjacent works.²If the work has less than three floors and is not located in an area protected for historical and cultural relics, the investor is entitled to organize the design and construction themselves and shall bear responsibility for the safety of the work and adjacent works.

Article 6. Special Conditions for Issuing Construction Permits for Various Types of Construction Works and Individual Houses

In addition to meeting the general conditions prescribed in Article 5 of this Decree, construction works and individual houses to be issued with a Construction Permit must also meet the following special conditions:

1. For works and individual houses in urban areas:

a) Complying with: Detailed urban construction planning, urban planning and architectural management regulations, urban design approved by competent state authorities;

b) For construction works in urban areas where detailed planning has not been established but have stabilized, they must comply with Urban Planning and Architectural Management Regulations or urban design issued by competent state authorities;

c) Civil works of special grade and grade I in urban areas must have basement designs according to urban master plans and Urban Planning and Architectural Management Regulations approved by competent authorities.

2. For construction works outside urban areas:

a) For non-route construction works: Must comply with the location and overall layout of the project already approved in writing by competent state authorities;

b) For route construction works: Must comply with the location and route plan already approved in writing by competent state authorities.

3. For individual houses in rural areas:

a) Complying with rural settlement planning (planning for new rural construction) approved by the People's Committee of the district;

b) For works in areas without approved rural settlement planning, they must comply with the management regulations of the People's Committee of the district regarding construction order.

4. For other construction works:

Depending on the construction location, the following works, in addition to meeting the conditions prescribed in Clause 1 or Clause 2 of this Article, must also meet the following conditions:

a) For religious works, there must be a written approval from the competent Religious Board;

b) For memorial statues, grand murals, advertisements, restoration and renovation works, there must be a written approval from the competent state authority managing culture.

Article 7. Conditions for Issuing a Temporary Construction Permit

A construction project shall be issued a temporary construction permit if it meets the following conditions:

1. Located within an area that has been detailed planning approved and announced by the competent authority but has not yet received a decision on land recovery from the competent state agency.

2. Consistent with the purpose of land use and investment objectives.

3. Ensuring safety for the construction project, adjacent projects, and requirements concerning: environment, fire prevention and extinguishing, technical infrastructure (transportation, electricity, water, telecommunications), protective zones for hydraulic works, dykes, energy, transportation, cultural heritage sites, historical and cultural relics, and maintaining a safe distance from flammable, explosive, toxic facilities, and important facilities related to national security.

4. The design documentation complies with the provisions stipulated in Clause 3, Article 5 of this Decree.

5. Consistent with the scale of the construction project and the implementation time frame of the construction plan prescribed by the Provincial People's Committee.

6. The investor must commit to demolishing the project when the existence period specified in the temporary construction permit expires and not claim compensation for any additional parts of the project constructed after the planning announcement. In case of failure to self-demolish, forced demolition will be carried out and the investor must bear all costs associated with the demolition.

A temporary construction permit shall only be granted for individual construction projects or standalone houses, not phased or project-based.

Article 8. Documents for Application for a Construction Permit

The investor shall submit directly one set of documents to the construction permit issuing authority. The application for a construction permit includes:

1. An application form for a construction permit (according to the model for each specific case and type of construction project).

2. A certified copy of one of the documents regarding land use rights as prescribed by the laws on land; documents regarding ownership of the construction project or house, for renovation or improvement cases; power of attorney, for cases where the project owner authorizes the execution of renovation or improvement; decision approving investment construction for underground urban projects; decision approving environmental impact assessment reports or environmental protection commitments as prescribed by the laws on environmental protection.

3. Two sets of design drawings executed by organizations or individuals with sufficient qualifications and have been reviewed and approved by the investor according to regulations. Each set includes:

a) Plan view of the construction project location on the plot, boundary plan of the plot, profile map (for linear projects), connection diagrams with external technical infrastructure (transportation, drainage);

b) Plans and elevations of the main aspects of the construction project;

c) Foundation plan, foundation section, and main structural force-bearing drawings (foundation, frame, walls, load-bearing roof);

d) Fire protection system drawings that have been reviewed for projects required to undergo fire prevention and explosion prevention scheme reviews according to the laws on fire protection;

đ) For renovation or improvement cases, there must be drawings showing the location and items to be improved; if affecting the structure, there must be a report on the results of surveys and assessments of the quality of existing structures related to the renovation items, along with measures to reinforce them sufficiently for renovation and improvement, accompanied by photographs of the current condition of the project to be improved and adjacent projects.

4. For cases where equipment or other structures are installed in an already constructed project but not owned by the investor, a certified copy of the Contract with the project owner must be provided.

5. Decision approving the project along with the investment approval document from the competent authority, and written comments on the basic design (if any) from the relevant state management agency as prescribed.

Article 9. Procedure for Applying for Construction Permits

1. The construction permit issuing authority shall be responsible for receiving applications from organizations and individuals requesting construction permits; examining the application files; issuing a receipt for cases where the file meets the requirements or providing guidance to the investor to complete the file if it does not meet the requirements.

2. The construction permit issuing authority shall be responsible for monitoring and informing the investor about the file that does not meet the conditions for issuance of a construction permit.

3. Within ten working days from the date of receiving the file, the unit assigned to review the file shall be responsible for examining the file and conducting on-site inspections (if necessary). When reviewing the file, the construction permit issuing authority must identify missing documents, documents not in accordance with regulations, or not consistent with reality, and notify the investor once in writing to supplement and complete the file.

If the supplemented file still does not meet the requirements stated in the notification, the issuing authority shall be responsible for notifying the investor in writing to continue completing the file. The investor shall be responsible for supplementing and completing the file according to the notification. After two supplements, if the file still does not meet the conditions stipulated, the issuing authority has the right not to consider the issuance of the permit and inform the investor.

4. Based on the scale, nature, type of project, and location of the construction project in the application file, the construction permit issuing authority shall be responsible for comparing with the conditions stipulated in Articles 5, 6, and 7 of this Decree to send written requests for opinions from relevant state management agencies regarding the construction project.

5. Within ten working days for projects and houses in urban areas, seven working days for individual houses in rural areas, from the date of receiving the file, the agencies asked for opinions shall be responsible for responding in writing about matters within their management functions. After the above period, if there is no opinion, it shall be considered that these agencies have agreed and must bear responsibility for matters within their management functions; the construction permit issuing authority shall base its decision on current regulations and the conditions stipulated in this Decree to issue the construction permit.

6. Time for Issuing Construction Permits:

From the date of receiving a complete and valid file, the construction permit issuing authority must examine the file to issue the permit within the time limit specified below:

a) For new construction permits, including temporary construction permits, adjusted construction permits, relocation permits, the time shall not exceed twenty working days for projects; fifteen working days for individual houses in urban areas; ten working days for houses in rural areas, from the date of receiving a complete and valid file;

b) For reissued or extended construction permits: Not more than ten working days.

In cases where the deadline is reached as stipulated in Point a and b of this Clause but further examination is required, the construction permit issuing authority must notify the investor in writing of the reasons, while reporting to the competent authority for direct management to examine and instruct implementation, but not exceeding ten working days from the date the deadline is reached as stipulated in Point a and b of this Clause.

7. Receiving Results, Paying Fees:

a) The investor shall receive the construction permit along with the design file stamped by the construction permit issuing authority or a written response (for cases where the conditions for issuing a construction permit are not met) at the place where the file was received, according to the deadline stated in the receipt;

b) The investor shall be responsible for paying fees as prescribed when submitting the file.

8. In cases where the file does not meet the conditions for issuance within the time limit stipulated in Clause 6 of this Article, the issuing authority must notify the investor in writing stating the reasons. If beyond the deadline stated in the receipt, the issuing authority does not respond, the investor is permitted to construct the project according to the design file that has been reviewed and approved as stipulated in the application file for the construction permit.

Article 10. Adjustment of Construction Permits

1. During the construction process, in cases where design adjustments change any of the following contents from the design that has been granted a construction permit, the investor must request an adjustment to the construction permit before commencing construction according to the adjusted content:

a) Changing the architectural form of the exterior surfaces of the project;

b) Changing one of the factors: location, foundation level, construction area, scale, height of the project, number of floors, and other factors affecting the main load-bearing structure;

c) When adjusting the internal design of the project changes its functional use and affects fire prevention and firefighting, and the environment.

2. The documents for requesting an adjustment to the construction permit include:

a) A request form for adjusting the construction permit (in accordance with the model), clearly stating the reasons for the adjustment;

b) The original Construction Permit that has been issued;

c) Relevant design drawings related to the adjusted portion compared to the design that has been permitted;

d) Report on the results of the review and approval document for the adjusted design (except for individual houses) by the investor, which must include contents ensuring structural safety; fire and explosion safety; environmental protection. The report on the results of the design review (if any) shall be conducted by a consulting organization with sufficient capacity as prescribed.

Each project may only request an adjustment to the issued construction permit once. In cases of adjustment two or more times, a new construction permit must be requested according to regulations.

Article 11. Extension of Construction Permits

1. Within thirty days prior to the expiration date of the construction permit, if the project has not commenced construction, the investor must request an extension of the construction permit. Each construction permit can only be extended once. The maximum extension period does not exceed six months. If the extension period expires and the investor has not commenced construction, they must submit documents to request a new construction permit.

2. The documents for requesting an extension of the construction permit include:

a) A request form for extending the construction permit, clearly explaining the reasons for not commencing construction;

b) The original construction permit that has been issued.

3. For projects with temporary construction permits that have expired but the State has not implemented planning, the investor may request the issuing authority to consider extending the existence period until the State implements the planning. The existence period will be recorded directly on the existing temporary construction permit.

Article 12. Reissuing Construction Permits

1. Construction permits are reissued in cases of damage, deterioration, or loss.

2. Construction permits are reissued in the form of copies.

3. The documents for requesting a reissue of the construction permit include:

a) A request form for reissuing the construction permit, clearly explaining the reasons for requesting a reissue;

b) The original Construction Permit that has been issued (for cases of damage or deterioration).

Article 13. Permit for Relocating Projects

The documents for requesting a relocation permit include:

1. A request form for issuing a relocation permit (according to the model).

2. Certified copies of land use rights certificates at the current location of the project and the intended relocation site, and legal documents regarding ownership of the project.

3. As-built drawings of the project (if available) or design drawings describing the current state of the relocatable project, including floor plans, foundation sections, and main structural drawings.

4. General site plan of the location where the project will be relocated.

5. Floor plans and foundation sections at the location where the project will be relocated.

6. Report on the results of the survey evaluating the current quality of the project.

7. Relocation plan including:

a) Description section: Describing the current state of the project and the current state of the relocation site; relocation solutions, arrangements for machinery, equipment, manpower; safety measures for the project, people, machinery, equipment, and adjacent projects; environmental protection; relocation schedule. The relocation plan must be prepared by units or individuals with the necessary capacity;

b) Drawings section for relocation construction methods.

Article 14. Competence to issue, adjust, extend, reissue, and revoke construction permits

1. The provincial People's Committee authorizes the Construction Department to issue construction permits for special-grade, grade I, and grade II construction projects; religious constructions; historical and cultural relics; grand statues and murals within its administrative boundaries; construction projects on main urban streets; foreign direct investment projects; and other construction projects as specified by the provincial People's Committee.

2. The district People's Committee issues construction permits for remaining construction projects and individual houses in urban areas within its administrative boundaries, except those specified in Clause 1 of this Article.

3. The commune People's Committee issues construction permits for individual houses in rural residential areas with approved construction plans within its administrative boundaries.

4. The agency that issues a construction permit has the authority to adjust, extend, reissue, and revoke the construction permit it issued.

5. The provincial People's Committee decides to revoke construction permits issued by subordinate agencies if they were issued in violation of regulations.

Article 15. Archiving construction permit application files

1. The agency issuing construction permits is responsible for archiving construction permit application files in accordance with legal provisions on archiving.

2. The project investor, design organizations, and construction organizations are responsible for archiving design files and completion drawings of construction projects in accordance with legal provisions on construction.

Chapter III

MANAGEMENT OF CONSTRUCTION ORDER ACCORDING TO CONSTRUCTION PERMITS

Article 16. Management of construction order

The contents of the construction permit serve as the basis for managing construction order, including:

1. For projects issued construction permits:

Management of construction order is based on the contents recorded in the issued construction permit and the provisions of this Decree.

2. For construction projects exempted from construction permits:

a) Management of construction order is based on approved construction plans and relevant legal provisions. In urban areas, it also relies on approved urban designs;

b) The management of construction order for construction projects exempted from construction permits involves reviewing compliance with approved construction plans and urban designs (if applicable), meeting red-line and construction boundary requirements; ensuring safety of the construction project and adjacent structures; clearances; waterway depths; environmental safety conditions, fire protection, technical infrastructure (such as traffic, electricity, water, information), protective zones for hydraulic works, dikes, energy, transportation, cultural heritage sites, historical and cultural relics, maintaining distances from flammable, explosive, and hazardous facilities.

Article 17. Inspection and supervision

1. State management agencies for construction and the provincial People's Committee are responsible for directing specialized construction inspection agencies to develop inspection and supervision plans for construction order implementation on their territory according to this Decree and handle violations or refer them to competent authorities for handling under current regulations.

2. Construction inspection agencies at all levels and county-level construction order management agencies according to their jurisdiction are responsible for leading and coordinating with related agencies to inspect and supervise construction based on the bases stipulated in this Decree.

3. For state secret construction projects, inspections and supervision are carried out according to the Government's regulations on managing special construction projects.

Article 18. Handling violations

1. Handling violations of construction projects without construction permits, construction contrary to issued permits, construction not in accordance with approved construction plans, and non-compliance with other legal provisions is implemented according to the Government's regulations on handling violations of urban construction order and administrative penalties in construction activities.

2. Revocation of construction permits:

Situations where issued construction permits will be revoked:

a) Issuance of construction permits not in accordance with current regulations;

b) Six months after the extension of the construction permit, the investor has not commenced construction of the project;

c) Beyond the deadline specified in the violation handling document, if the investor has not rectified the violations according to the requirements of the competent authority despite constructing contrary to the issued permit.

3. Annulment of construction permits:

Within ten working days from the date of the competent authority's decision to revoke the construction permit as specified in Clause 2 of this Article, if the investor does not return the construction permit to the issuing agency, the issuing agency or the authority with the revocation decision shall announce the annulment of the construction permit and simultaneously notify the commune People's Committee and publish on the Construction Department's information network.

Chapter IV

RIGHTS AND RESPONSIBILITIES OF ORGANIZATIONS, GROUPS, AND INDIVIDUALS

Article 19. Rights and Responsibilities of the Project Investor

1. Rights

a) After the period specified in the receipt, if the licensing authority does not issue a license or provide a response, the project investor may commence construction according to the submitted design documents when all conditions for commencement as stipulated in Article 72 of the Construction Law and Point a Clause 2 of this Article are met.

b) To lodge complaints or denunciations against agencies or individuals who fail to comply with regulations or engage in harassment, causing difficulties in the issuance of construction permits.

2. Responsibilities:

a) Seven working days before commencing construction, the project investor must submit a written notice of the commencement date to the licensing authority for construction permits, and simultaneously send a copy of the construction permit and a written notice of the commencement date to the People's Committee of the commune where the construction project is located for their knowledge and monitoring. For projects exempted from construction permits, the project investor must submit copies of the design drawings, including: site plans, elevations, main sections of the building; ground floor plans, foundation sections; drawings connecting roads and drainage systems with external infrastructure.

b) Approve construction measures ensuring safety for the construction project and adjacent structures, and simultaneously send the approval document to the People's Committee of the commune prior to commencing construction.

c) Organize the implementation of construction activities in accordance with the issued construction permit.

d) Ensure safety, hygiene, and environmental protection during the construction process.

đ) Compensate for all damages caused by their own fault.

Article 20. Responsibilities of the Construction Planning Management Authority

The construction planning management authority at the appropriate level shall be responsible for:

1. Providing information on approved detailed planning and urban design (if applicable), and issuing planning permits upon request by the project investor.

2. Guiding the project investor to carry out necessary tasks for construction projects in areas without approved planning.

3. Responding in writing regarding architecture and planning under its jurisdiction when there is a request for opinion from the construction permit issuing authority within the time frame specified in Clause 5 of Article 9 of this Decree.

4. Inspecting and recommending that the construction permit issuing authority not issue permits for projects designed contrary to approved planning and architectural designs, or recommending actions against violations of construction planning.

Article 21. Responsibilities of the Construction Permit Issuing Authority

1. Appoint competent staff with relevant expertise to receive applications, guide the project investor in preparing application documents, and handle applications for construction permits in compliance with regulations.

2. Publicly display the conditions, administrative procedures, processes, and timeframes for issuing construction permits at the application reception location.

3. Maintain a schedule for receiving citizens and promptly address complaints and denunciations related to construction permit issuance work.

4. Adhere to regulations during the review of construction permit applications and bear responsibility for the contents of issued construction permits; compensate for losses due to delayed or incorrect issuance of permits compared to regulations.

5. Collect, manage, and utilize fees for construction permit issuance in accordance with regulations.

6. Not designate organizations or individuals to design or establish affiliated design units to undertake design work for entities requesting construction permits.

Article 22. Responsibilities of Relevant Authorities

1. Relevant authorities during the process of issuing construction permits shall be responsible for:

a) Providing a written response to the construction permit issuing authority regarding matters within their scope of management within a maximum period of 10 working days (7 working days for individual houses in rural areas) from the date of receipt of the request for comments. If they fail to respond within the prescribed time limit, it will be deemed as agreement and they must bear responsibility for the content under their management;

b) Ceasing to provide electricity, water, business activities, and other services to construction projects that violate regulations upon receiving notification from the competent authority handling violations;

c) Compensating for damages caused by their own fault.

2. The rights and obligations of organizations and individuals with rights and interests related to construction projects shall be implemented in accordance with civil law provisions.

Article 23. Responsibilities of Construction Consulting Organizations and Construction Contractors

1. For design consultants:

a) Supervising the author's implementation according to the design that has been granted a construction permit;

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

2. For construction supervision consulting organizations:

a) Supervising the implementation in accordance with the approved design and content of the construction permit for cases where a construction permit is required;

b) Supervising the implementation in accordance with the approved design for cases exempted from obtaining a construction permit;

c) Reporting to the responsible authority when the project owner or construction contractor deviates from the design and content of the issued construction permit;

d) Compensating for damages caused by their own fault.

3. For construction contractors:

a) Implementing construction in accordance with the design and content of the construction permit;

b) Refusing to proceed if the construction project does not have a construction permit as required by regulations, or if the project owner requests construction contrary to the design and content of the issued permit;

c) Notifying the responsible authority when the project owner requests construction contrary to the design and content of the issued permit;

d) Compensating for damages caused by their own fault.

Chapter V

IMPLEMENTATION

Article 24. Ministry of Construction

The Ministry of Construction is the state management body for construction and is responsible for:

1. Issuing and providing detailed guidance on the following contents: Application documents for construction permits; conditions for issuing construction permits; application forms for construction permits, construction permit templates for each type of project and individual house suitable for various types of construction permits, and guiding the implementation of other contents of this Decree. Developing solutions to apply information technology in the issuance of construction permits to implement uniformly nationwide.

2. Organizing training, inspection, and supervision of the implementation of the provisions of this Decree.

3. Resolving complaints, accusations, and handling violations within its jurisdiction; suspending construction or proposing the People's Committee of the province to direct suspension, handling of violations, or revocation of construction permits when discovering incorrect issuance of construction permits or construction projects violating the provisions of this Decree and relevant laws.

4. Annually organizing summaries and compiling reports to the Prime Minister on the situation of issuing construction permits and managing construction order according to construction permits nationwide.

Article 25. Relevant Ministries and Sectors

1. Ministries and sectors with industry management functions shall be responsible for:

a) Providing written comments on their respective areas of management when asked for opinions by the construction permit issuing authority in accordance with this Decree;

b) Inspecting and recommending to the People's Committee of the province to suspend construction or revoke construction permits when discovering that permits were issued incorrectly or construction violates regulations within their sector's management area.

2. The Ministry of Natural Resources and Environment shall be responsible for coordinating with the Ministry of Construction to provide specific guidance on types of documents regarding land use rights to be considered for construction permit issuance.

Article 26. Provincial People's Committees

Provincial People's Committees directly under the central government shall be responsible for:

1. Guiding the implementation of provisions of this Decree concerning the procedures for issuing permits, the delegation of permit issuance authority according to jurisdiction; defining cooperation and responsibilities of relevant agencies and individuals related to construction permit issuance work, construction order management, and other contents suitable to the specific situation of each locality.

2. Specifying the scale of projects and the validity period of temporary construction permits in accordance with the approved planning implementation plan for each area, based on the principles of economy, safety assurance, and environmental protection.

3. Organizing the structure of construction permit issuance and construction management agencies to meet conditions for performing tasks.

4. Organizing training and guiding the implementation of this Decree and related regulations.

5. Directing and requiring permit issuing agencies to consider handling officials and civil servants who exhibit negative behavior causing delays in construction permit issuance.

6. Deciding to revoke or cancel construction permits within their authority in cases where lower-level authorities issue permits incorrectly; investors construct without a permit (in cases where a construction permit is required), or construct contrary to the construction permit.

7. Organizing inspections, audits, and handling violations of this Decree's provisions.

8. Reporting semi-annually and annually to the Ministry of Construction on the situation of construction permit issuance and construction order management in their respective areas.

Article 27. Transitional Provisions

1. Projects, according to regulations before the effectiveness of this Decree, which did not require construction permits but now require them under this Decree, if construction has already commenced, need not apply for a permit; however, if construction has not yet commenced, they must submit application documents to be considered for a construction permit before commencement. Adjustments to construction permits for projects constructed before the effective date of this Decree shall be implemented in accordance with this Decree's provisions.

2. Projects falling under the provisions of Article 121 of the Construction Law may continue to be implemented in accordance with Decision No. 39/2005/QD-TTg dated February 28, 2005, of the Government Chairman on guiding the implementation of Article 121 of the Construction Law.

Article 28. Implementation Provisions

1. This Decree takes effect from October 20, 2012, and replaces the provisions on construction permits in Decree No. 12/2009/NĐ-CP dated February 12, 2009, and Decree No. 83/2009/NĐ-CP dated October 15, 2009, of the Government on Project Management for Investment Construction Works; the provisions on underground construction permits stipulated in Decree No. 39/2010/NĐ-CP dated April 7, 2010, of the Government on Underground Construction Space Management. Previous government, ministry, and local regulations on construction permits that conflict with this Decree are hereby abolished.

2. Ministers, Heads of ministerial-level agencies, Heads of government-affiliated agencies, Chairmen of provincial People's Committees directly under the central government, Heads of political organizations, political-social organizations, social-professional organizations, and related organizations and individuals are responsible for implementing this Decree./.