Construction Permit for New Construction of Special Class, Class I, and Class II Works

The Construction Permit for New Construction of Special Class, Class I, and Class II Works is a procedure enabling investors to establish conditions for project implementation synchronously and legally. This article focuses on the licensing procedures for two groups: non-linear works and linear works in urban areas. This summary of current regulations and specific instructions will help clients perform the procedure quickly and lawfully.

Conditions for granting construction permits for projects in urban areas.

Based on Article 91 of the Law on Construction 2014 (amended 2020) and Article 50 of Decree 175/2024/ND-CP, conditions include:

1. Planning Compliance: Consistent with urban and rural planning approved by competent authorities. For stable urban areas without detailed planning, the work must comply with regulations on architectural management.
2. Land Use Purpose: Consistent with land use purposes under land laws.
3. Safety & Environment: Ensuring safety for the work and adjacent works; meeting requirements for environmental protection, fire prevention/fighting; ensuring safety of technical infrastructure, dykes, energy, traffic, and heritage sites; maintaining safe distances from hazardous or national security works.
4. Design Approval: Construction designs must be appraised and approved.

Main contents of a building permit

According to Article 90 of the Law on Construction 2014 (amended 2020), the permit includes:

1. Name of the work/project.
2. Name and address of the investor.
3. Location/position of construction; construction route (for linear works).
4. Type and grade of the work.
5. Construction elevation.
6. Red-line boundary and construction boundary.
7. Construction density and land use coefficient (if any).
8. For civil/industrial works and houses: Total construction area, ground floor area, number of floors (including basement, attic, technical floor), and maximum height.
9. Commencement Deadline: Not exceeding 12 months from the date of issuance.

>>> See more: Construction Permit in a Relic Site: Legal Guide

The competent authority issues new construction permits for projects of Special, Class I, and Class II categories.

According to Clause 2, Article 103 of the Law on Construction 2014 (amended 2020), the authority belongs to the Provincial-level People’s Committee.

• The Provincial People’s Committee decentralizes or authorizes the Department of Construction, or Management Boards of industrial parks, export processing zones, high-tech zones, and economic zones to grant permits within their scope.

Required Dossier to apply for a new construction permit for projects of Special, Class I, and Class II categories.

This section details documents for non-linear works and linear works in urban areas. Based on Clause 1, Article 55 of Decree 175/2024/ND-CP and Decision 864/QD-BXD:

1. For Non-linear Works:

• Request Form: Request for issuance of construction permit (Form No. 1, Appendix II, Decree 175/2024/ND-CP).
• Land Documents: Legal papers proving land use rights (Certificate of Land Use Rights, House Ownership, or other legal papers).
• Project Documents: Project approval decision; appraisal results of the specialized construction agency; basic design drawings; design verification report (if any); fire prevention/fighting approval; environmental protection results.
• Design Drawings: 02 sets of construction design drawings (construction drawing design) approved according to regulations.
• BIM Data: Investors need to provide Building Information Modeling (BIM) data in original and IFC 4.0 formats (files not exceeding 500 MB) showing 3D spatial position and shape.

2. For Linear Works in Urban Areas: The dossier differs in one key aspect:

• Land documents can be replaced by a written approval of the route direction/location or Land Recovery Decision by competent state agencies.

Procedures for issuing new construction permits for Special, Class I, and Class II projects.

According to Article 102 of the Law on Construction 2014 (amended 2020):

Step 1: Submission

• Online: Submit via the National Public Service Portal (Code: 1.013236).
• Direct: Submit 01 dossier set to the Provincial Public Administration Center or authorized Management Boards.

Step 2: Appraisal and Inspection (07 Days) Within 07 working days, the authority appraises the dossier and inspects the site. If documents are missing or incorrect, they notify the investor once in writing.

• Checks: Consistency with basic design, fire safety approval, and verification reports.

Step 3: Handling Supplementation

• If supplementation is insufficient, the authority notifies guidance within 05 working days.
• If still insufficient after re-submission, the authority notifies the refusal reason within 03 working days.

Step 4: Consultation The licensing authority consults relevant state agencies. These agencies must reply within 12 days. No reply implies agreement.

Step 5: Licensing Within 20 days from receiving a complete and valid dossier, the authority grants the Construction Permit for New Construction of Special Class, Class I, and Class II Works.

>>> See more: Guide to Construction Permit Extension

Publicly display building permits.

Based on Article 66 of Decree 175/2024/ND-CP:

• Licensing Authority: Publicly announce the permit content on its website.
• Investor: Publicly display the permit content at the construction site throughout the construction process.

Long Phan Consulting provides consulting services for new construction permit applications for projects of Special, Class I, and Class II categories.

Long Phan Consulting Company provides comprehensive support:

• Consulting & Evaluation: Assessing the construction permit dossier.
• Dossier Preparation Support: Assisting in preparing documents (Request, land papers, project docs) according to regulations.
• Representation: Submitting the dossier to the competent state agency.
• Monitoring & Explanation: Tracking progress and working directly with agencies to explain the dossier.
• Supplementation: Handling requests for additional information.

Frequently Asked Questions about Issuing New Construction Permits for Special, Class I, and Class II Projects

Below, Long Phan Consulting provides some frequently asked questions related to the procedures for obtaining new construction permits for projects of Special, Class I, and Class II categories. We invite interested clients to refer to this information:

Which agency licenses a project located in 02 or more provinces?

The authority is determined based on the location of each specific work. The Provincial People’s Committee of the province where a specific work is located grants the permit for that work. (Legal Basis: Point d, Clause 2, Article 51, Decree 175/2024/ND-CP).

What if the permit expires without commencement?

The permit is valid for 12 months. If construction hasn’t started, the investor must request an extension. Maximum 02 extensions, each for 12 months. (Legal Basis: Clause 10, Article 90 and Clause 1, Article 99, Law on Construction 2014, amended 2020).

Is the licensing agency liable for design quality?

No. The agency only checks compliance with planning and basic design. The investor and design/verification consultants are responsible for design quality and structural safety. (Legal Basis: Clause 2, Article 52, Decree 175/2024/ND-CP).

How is authority determined for a project with mixed grades (Class I and III)?

Authority is determined based on the highest grade work in the project. In this case, the Provincial People’s Committee (competent for Class I) grants the permit. (Legal Basis: Point a, Clause 2, Article 51, Decree 175/2024/ND-CP).

Conclusion

Applying for a Construction Permit for New Construction of Special Class, Class I, and Class II Works is a complex process requiring meticulous preparation. Compliance with the correct procedure is the first step to ensuring the project stays on schedule. Please contact Long Phan Consulting Company via Hotline 1900636389 for timely and professional legal support.