Application for construction permit for new construction in Vietnam

1. What is a construction permit?

According to Clause 17, Article 3 Construction Law 2014 (revised 2020), construction permit is a legal document issued by a competent state agency to the investor for new construction, repair, renovation, and relocation of works.

Article 43 of Decree 15/2021/ND-CP stipulates that application documents for construction permits for new construction cases are divided into two cases as follows:

2. For non-linear projects

- Application for construction permit as prescribed in Form No. 01.

- One of the documents proving land use rights according to the provisions of land law;

 Decision to approve the project; Written notice of appraisal results from a specialized construction agency and basic design drawing documents with confirmation stamp attached (if any); Report on the results of construction design verification for construction projects that greatly affect safety and community benefits; Certificate of design approval for fire prevention and fighting and accompanying approved documents and drawings according to the provisions of law on fire prevention and fighting; Written results of implementing environmental protection procedures according to the provisions of law on environmental protection in case of failure to appraise the construction investment feasibility study report at a specialized construction agency;

- 02 sets of construction design drawings in the construction design dossier implemented after the basic design is approved according to the provisions of law on construction, including: Drawing of the total project area, planned plan location of construction on the land lot; Architectural drawings of plans, elevations and main sections of the building; floor plan and foundation drawings; Drawings showing the main structural solutions of the project; Drawing of connection to the technical infrastructure system outside the work or project.

3. For linear projects

- Application for construction permit as prescribed in Form No. 01.

- One of the documents proving land use rights according to the provisions of land law or a written approval from a competent state agency on the location and route plan or a land recovery decision from the agency. the state has authority according to the provisions of land law;

- Decision on project approval; Written notice of appraisal results from a specialized construction agency and basic design drawing documents with confirmation stamp attached (if any); Report on the results of construction design verification for construction projects that greatly affect safety and community benefits; Certificate of design approval for fire prevention and fighting and accompanying approved documents and drawings according to the provisions of law on fire prevention and fighting; Written results of implementing environmental protection procedures according to the provisions of law on environmental protection in case of failure to appraise the construction investment feasibility study report at a specialized construction agency;

02 sets of construction design drawings in the construction design dossier implemented after the basic design is approved according to the provisions of construction law, including: Construction route location diagram; overall floor plan or project map drawing; drawings of the main longitudinal and cross sections of the construction route; floor plan and foundation drawings; Drawings showing the main structural solutions of the project; Drawing of connection to the technical infrastructure system outside the work or project.

4. For belief and religious works

- The application file for a religious construction permit includes documents such as projects not following the new construction route as above and written approval of the necessity of construction and scale of the project from a specialized agency. about beliefs and religions under the Provincial People's Committee;

- Dossier to request a permit to build religious works includes documents as prescribed in Article 46 of Decree 15/2021/ND-CP and opinions of the specialized agency on beliefs and religions under the issuing People's Committee. province (in case the law on belief and religion has regulations); Report on the results of construction design verification for religious works that greatly affect safety and community benefits;

For dossiers requesting a construction permit for belief and religious works under projects to preserve, repair and restore historical-cultural relics and scenic spots, in addition to the above documents, the documents must be supplemented. Supplement documents on the necessity of construction and scale of works of the state management agency in charge of culture according to the provisions of law on cultural heritage.

* Monumental works and monumental paintings

The application for a construction permit includes documents such as the application for a construction permit for non-linear construction when newly built and the agency's written approval of the necessity of construction and scale of the project. State management agency for culture.

5. For advertising works: Comply with the provisions of law on advertising.

6. For works of diplomatic agencies and international organizations

Applications for construction permits for works of diplomatic agencies, international organizations and foreign agencies investing in Vietnam are carried out in accordance with the corresponding regulations in Clause 1 or Clause 2, Article 43. Decree 15/2021/ND-CP (including works along or without lines) and provisions of agreements or agreements signed with the Government of Vietnam.