1. Conditions for granting construction permits
The works that the enterprise builds must conform to the construction master plan and detailed master plan approved by the agency, in addition to meeting the approved architectural and urban design planning (for areas where there is no detailed planning on construction activities).
The work must conform to the land use planning approved by the competent authority. When carrying out construction, enterprises must have documents proving the lawful use of the construction site such as lease contracts or land use right certificates.
Enterprises must have plans to ensure the safety of construction works and adjacent works. Ensure the requirements of environmental protection, fire protection, technical safety, dikes, energy, traffic and ensure safe distances as prescribed by law.
Construction works must have detailed designs of construction, which have been approved and appraised in accordance with law.
Other conditions depend on the type of construction.
2. Procedures for granting construction permits to enterprises
2.1. Licensing documents
For each type of new construction, the application for a permit is different, including:
A dossier of permit for construction of individual houses includes:
– An application for a construction permit according to the form.
– Documents proving the legal right to use the construction site (valid copy).
– Drawings of construction design.
– Commitment to ensuring safety for adjacent works, ensuring environmental safety …
A dossier of permit for construction of non-linear works includes:
– Application for construction permit.
– Documents proving legal land use rights.
– Decision approving the construction project (copy).
– Drawings of construction design.
– Documents proving, declaring capacity and experience for the project design leader with practicing certificates.
A dossier of permit for construction of a line work includes documents such as a non-linear work, in addition to the following documents:
– Written approval on the suitability of the route location of the project.
– Land acquisition decisions of competent agencies.
For other construction works, additional records shall be made according to the characteristics of such works.
2.2. Construction licensing agency
Agencies competent to grant construction permits include:
– For special level works, they will be licensed by the Ministry of Construction.
– For works of grade I, II, works on historical and religious relics, belonging to foreign-invested projects… it will be licensed by the provincial People’s Committee.
Provincial-level People’s Committees may delegate to Departments of Construction, industrial parks, economic zone and export processing zone management boards for licensing within their competence.
– For housing works and relics under their management, construction permits shall be granted by the district-level People’s Committee.
2.3. Order of Licensing
– Enterprises shall submit dossiers to licensing authorities.
– Within 07 days from the date of receipt of the dossier, the licensing agency must appraise the dossier and organize field inspection.
– Based on the nature and type of construction work, the construction licensing agency shall compare the licensing conditions and send documents to collect opinions of state management agencies on relevant fields.
– The consulted agency shall respond in writing to the licensing authority within 12 days from the date of receipt of the written comment.
– When satisfying the conditions and collecting opinions of specialized agencies, within 30 days, the competent agency shall issue a construction permit to the enterprise.
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