General regulations on construction permit issuance in 2023? Cases exempted from construction permit

1. Regulations on construction permit issuance

Pursuant to Clause 1, Clause 4 and Clause 5, Article 89 of the 2014 Construction Law (amended and supplemented by Clause 30, Article 1 of the 2020 amended Construction Law), construction works must have a construction permit issued by a competent state agency to the investor in accordance with the provisions of the 2014 Construction Law, except for the cases specified in Section 1.2 below.

- A project is granted a construction permit in stages when there is a construction design implemented after the basic design of each stage is appraised and approved according to the provisions of the 2014 Construction Law.

- For construction investment projects with many works, construction permits are granted for one, some or all works of the project when the works require simultaneous construction, ensuring the requirements on conditions, time limit for granting construction permits and project synchronization requirements.

2. Cases exempted from construction permits

Cases exempted from construction permits are stipulated in Clause 2, Article 89 of the 2014 Construction Law (amended and supplemented by Clause 30, Article 1 of the 2020 amended Construction Law) including:

(i) State secret projects; emergency construction projects;

(ii) Works belonging to projects using public investment capital are decided for construction investment by the Prime Minister, heads of central agencies of political organizations, the Supreme People's Procuracy, the Supreme People's Court, the State Audit, the Office of the President, the Office of the National Assembly, ministries, ministerial-level agencies, agencies under the Government, central agencies of the Vietnam Fatherland Front and socio-political organizations, and Chairmen of People's Committees at all levels;

(iii) Temporary construction works as prescribed in Article 131 of the 2014 Construction Law (amended and supplemented by Clause 49, Article 1 of the 2020 amended Construction Law);

(iv) Repair and renovation works inside the building or repair and renovation works on the exterior that are not adjacent to urban roads that require architectural management according to regulations of competent state agencies; the repair and renovation content does not change the function of use, does not affect the safety of the load-bearing structure of the building, is in accordance with the construction planning approved by competent state agencies, and requires fire and explosion prevention and fighting safety and environmental protection;

(v) Advertising works not subject to construction permits as prescribed by law on advertising; passive telecommunications infrastructure works as prescribed by the Government;

(vi) Construction works located in two or more provincial-level administrative units, construction works along extra-urban routes in accordance with construction planning or technical and specialized planning approved by competent state agencies;

(vii) Construction works have been notified by a specialized construction agency of the results of construction design appraisal to be implemented after the basic design meets the conditions for construction design approval and meets the conditions for granting construction permits according to the provisions of the 2014 Construction Law;

(viii) Individual houses with a scale of less than 07 floors belonging to urban area construction investment projects, housing construction investment projects with detailed planning 1/500 approved by competent state agencies;

(ix) Grade IV construction works, individual houses in rural areas with a scale of less than 07 floors and located in areas without urban planning, functional area construction planning or detailed planning for rural residential areas approved by competent state agencies; Grade IV construction works, individual houses in mountainous areas and islands in areas without urban planning, functional area construction planning; except for works and individual houses built in conservation areas, historical - cultural relic areas;

(x) Investors in construction works specified in Sections 1.2 (ii), (vi), (vii) and (ix), except for individual houses specified in Section (ix), are responsible for sending notices of construction commencement time and construction design documents as prescribed to the local state management agency for construction for management.