Construction Permit Guide for Overseas Vietnamese

This construction permit guide for Overseas Vietnamese clarifies the necessary legal steps in the process. Understanding the regulations, conditions, and required documents helps avoid legal risks, secure property rights, and save time and money during administrative procedures.

Cases Requiring a Construction Permit

An Overseas Vietnamese must apply for a construction permit for projects that are not explicitly exempt under Article 89 of the Law on Construction 2014 (as amended by the Law on Construction 2020). These regulations apply equally to Vietnamese citizens and Overseas Vietnamese, regardless of nationality.

Projects exempt from requiring a construction permit include:

• Works classified as state secrets or emergency constructions.
• Projects using public investment capital approved by high-level government bodies.
• Temporary construction works as specified by law.
• Minor repairs or interior renovations that do not alter the main structure, function, or external appearance (if not adjacent to a street with architectural management requirements).
• Certain advertising structures and passive telecommunications infrastructure.
• Rural detached houses under 7 stories in areas without urban planning, and similar small-scale works in mountainous or island regions (unless located in a conservation or historical-cultural relic area).

Therefore, if an Overseas Vietnamese plans to build a structure that does not fall into one of the exempt categories listed above, obtaining a construction permit is mandatory.

The Construction Permit Application Process

Applying for a construction permit is a required administrative step to ensure all building activities comply with current planning, technical standards, and legal regulations.

Competent Permitting Authority

According to Article 103 of the Law on Construction 2014 (amended 2020), the authority to issue construction permits is generally decentralized. For individual houses, the Commune-level People’s Committee where the property is located is typically the competent authority. This applies to both Vietnamese citizens and Overseas Vietnamese.

Applicants should submit their dossier at the “one-stop shop” or the receiving department of the relevant Commune-level People’s Committee.

Required Dossier

The application dossier consists of two sets of documents as required by law. The core components are:

• Application Form for a Construction Permit: The form must be completed with information about the investor, construction site, and project scale. It must be signed by the investor or their legally authorized representative.
• Land-Related Documents: One of the following legal documents is required:
  • Certificate of Land Use Rights (the “Red Book”).
  • A land allocation decision from a competent authority.
  • A valid land lease contract.
• Construction Design Drawings: Two sets of drawings are required, including the overall site plan, architectural floor plans, elevations, primary cross-sections, and foundation plans.
• Safety Commitment Letter: Required for projects adjacent to existing structures, ensuring the safety of neighboring buildings.

Additional Documents for Overseas Vietnamese:

• A valid passport and visa.
• Certificate of temporary residence registration.
• A notarized power of attorney if authorizing a representative in Vietnam.
• All foreign-language documents must be translated, notarized, and certified according to Vietnamese law.

Application Procedure

The process follows four main steps as outlined in Article 102 of the Law on Construction 2014.

Step 1: Submit the Dossier The applicant submits two complete sets of the dossier to the receiving department of the Commune-level People’s Committee.

Step 2: Dossier Receipt and Review An official reviews the dossier for completeness. If complete, a receipt is issued with a file number and an expected date for the result. If incomplete, the official will provide guidance on what is needed.

Step 3: Appraisal and Resolution Within 7 working days, the authority appraises the dossier, checking its legality and compliance with zoning, building height, and other regulations. If additional information is needed, the authority will issue a written request.

The official timeline for a decision is:

• 20 days for general construction projects.
• 15 days for individual detached houses.

If more time is needed for review, the authority must notify the applicant in writing, but the extension cannot exceed 10 days.

Step 4: Receive the Results The applicant receives the result on the date specified in the receipt. This will either be the Construction Permit or a written notice explaining the reason for denial.

Fees and Charges for Construction Permits

The fee for a construction permit is determined by the provincial-level People’s Council, so it varies between localities. The fee is the same for Overseas Vietnamese and domestic citizens.

Below are examples of fees in major cities:

• Hanoi (Resolution 06/2020/NQ-HĐND):
  • New individual house: 75,000 VND
  • Other new constructions: 150,000 VND
  • Permit extension: 15,000 VND
• Ho Chi Minh City (Resolution 18/2017/NQ-HĐND):
  • New individual house: 75,000 VND
  • Other new constructions: 150,000 VND
  • Extension, re-issuance, or adjustment: 15,000 VND

Expert Advice for the Application Process

This construction permit guide for Overseas Vietnamese would be incomplete without practical advice from experts.

• First: Check Zoning and Land Legality. Before applying, verify that the land is zoned for residential use and is not subject to any recovery plans. Contact the local People’s Committee for specific planning information.
• Second: Prepare a Suitable Construction Design. The design must comply with national technical standards. It is highly recommended to hire a certified design consultant to ensure compliance with setback, height, and land use coefficient rules.
• Third: Be Mindful of Time. Prepare the dossier well in advance. While the official processing time is 15-20 days, it can be extended. A valid construction permit has an expiration date, so construction must commence within the specified period.
• Fourth: Coordinate with Local Authorities. Proactively communicate with the local People’s Committee and neighbors about the construction plans to prevent disputes. Adhering to local regulations on construction hours will help the process go smoothly.

Professional Consulting Services at Long Phan Consulting Company

Long Phan Consulting Company offers professional services for Overseas Vietnamese navigating the construction permit process. Our team of experts has years of experience in construction law and urban planning.

Our comprehensive services include:

• Full Consultation: Assessing the legality of the land and the feasibility of obtaining a permit.
• Planning and Design Review: Checking land use plans and evaluating construction designs for compliance.
• Dossier Preparation: Assisting in preparing a complete and accurate application dossier, including drafting forms and reviewing documents.
• Representation Services: Acting as an authorized representative to handle the entire application process on your behalf.
• Progress Tracking: Monitoring the application status and communicating with authorities to resolve any issues promptly.
• Fee Consultation: Providing precise information on applicable fees in specific localities.

Long Phan Consulting Company is committed to completing the construction permit application process within the legally stipulated timeframe, ensuring a smooth and efficient experience for our clients.

Frequently Asked Questions

What is the most important land-related document for a construction permit application?

The Certificate of Land Use Rights is the most crucial document. A land allocation decision or a valid land lease contract are also acceptable alternatives.

How can I check the zoning of a property before applying?

You should contact the People’s Committee of the commune where the land is located, as well as the district-level Office of Urban Management (for urban areas) or Office of Agriculture and Environment (for rural areas).

What if my construction design does not comply with regulations?

The permitting authority will issue a written request for you to amend the design. You should adjust the plans to comply with all technical standards, including setback, height, and land use coefficients.

What is the maximum processing time for a construction permit?

The standard time is 20 days for general projects and 15 days for individual houses. This can be extended by a maximum of 10 days if further review is needed.

Can I authorize someone else to handle the application process for me?

Yes. You can provide a notarized power of attorney to a representative in Vietnam to manage the entire process on your behalf.

Do construction permits expire?

Yes, a construction permit has a validity period specified within the permit itself. Construction must begin before it expires; otherwise, you will need to apply for an extension or a new permit.

Conclusion

This construction permit guide for Overseas Vietnamese highlights the importance of understanding and complying with Vietnamese law. The application process requires thorough preparation and adherence to the correct procedures. Long Phan Consulting Company is ready to assist you in completing all necessary steps quickly and effectively. Contact our hotline at 1900.63.63.89 for a free consultation and a detailed service quote.

See more at:

• Complete application file for latest housing construction permit according to regulations