Construction permits procedures: Simple & easy to understand

Construction permits procedures are a mandatory process for most construction projects in order to ensure safety, compliance with planning and legal regulations. Understanding this procedure will help customers save time, effort and avoid unnecessary trouble during the construction process. The article below by Long Phan will provide detailed information and complete instructions on construction permit procedures.

Cases requiring a construction permit

Not all construction projects require a permit. Article 89 of the Law on Construction 2014 (amended and supplemented in 2020) clearly stipulates cases that are exempt from construction permits, including:

• State secret projects, emergency construction projects;
• The project is located in the area of ​​two or more provincial administrative units;
• Works belonging to construction investment projects approved for investment by the Prime Minister, Ministers, Heads of ministerial-level agencies, and Presidents of People’s Committees at all levels;
• Temporary construction works serving the construction of main works;
• Works built on routes outside urban areas but in accordance with planning according to urban and rural laws that have been approved by a competent state agency or have been approved by a competent state agency;
• Construction works belonging to industrial park projects, export processing zones, and high-tech zones with detailed planning of 1/500 have been approved by competent state agencies and have their construction designs appraised;
• Housing belonging to urban development projects, housing development projects with a scale of less than 7 floors and a total floor area of ​​less than 500 m² has a detailed planning of 1/500 that has been approved by a competent state agency;
• Repairs, renovations, and installation of equipment inside the building do not change the load-bearing structure, do not change the usability, and do not affect the environment or construction safety;
• Repair and renovation works that change the exterior architecture not adjacent to urban roads have architectural management requirements;
• Technical infrastructure projects in rural areas only require the preparation of an Economic – Technical Construction Investment Report and are in areas where there is no approved detailed planning for construction of rural residential areas;
• Works at sea belonging to offshore wind power projects have been assigned sea areas by competent authorities to implement the project;
• Construction works in rural areas in areas without approved urban development planning and detailed construction planning; Individual houses in rural areas, except individual houses built in conservation areas and historical-cultural relic sites.

In addition to the above cases, all other construction projects must apply for a construction permit before starting construction. Construction without a construction permit is a violation of the law and may be subject to administrative sanctions.

Application for construction permit

Construction permit application is an important part of the licensing procedure. This document needs to be prepared fully and accurately according to the provisions of the Law on Construction 2014 (amended and supplemented in 2020) and Decree 175/2024/ND-CP.

Below are detailed construction permit application documents for each type of project:

The project is not linear

• Application for construction permit (Form No. 01 Appendix II Decree 175/2024/ND-CP).
• Legal documents on land use rights.
• Decision to approve the project.
• Document notifying the appraisal results of a specialized construction agency and basic design drawings (if any).
• Report on construction design verification results.
• Results of implementing administrative procedures on fire prevention and fighting.
• Results of implementing administrative procedures on environmental protection.
• 02 sets of construction design drawings, including: general plan drawing of the entire project, site location plan on the land lot; floor plan, foundation cross section.

Line-based construction

• Application for construction permit (Form No. 01 Appendix II Decree 175/2024/ND-CP).
• Legal documents on land use rights or written approval of location, plan, or land recovery decision.
• Documents specified at Point c, Clause 1, Article 55 of Decree 175/2024/ND-CP
• 02 sets of construction design drawings, including: route location diagram; overall floor plan or plan; Longitudinal and horizontal cross-sectional drawings; floor plan and foundation drawings; main structural drawing; Technical infrastructure connection drawings.

Belief and religious works

• Documents such as non-linear projects + written approval of the necessity and scale of the project from a specialized agency on beliefs and religions.
• For works under projects to preserve, repair and restore monuments: supplement documents on the necessity and scale of the work from the state management agency in charge of culture.

Monumental works and monumental paintings

Documents such as non-linear projects + written approval of the necessity and scale of the project from the state management agency in charge of culture.

Advertising works

Comply with the provisions of law on advertising.

Works of diplomatic agencies and international organizations

Documents corresponding to non-line or line-based projects + terms of the Agreement or agreement signed with the Government of Vietnam.

Construction permit procedures

Construction permit issuance procedures are carried out according to the following process:

Step 1: Submit application

Submit 02 sets of documents to the competent authority to issue construction permits

Step 2: Check and evaluate documents

• Within 07 working days from the date of receipt of the dossier, the agency competent to issue construction permits must organize dossier appraisal and field inspection.
• In case the supplementary dossier does not meet the requirements in the notice, within 05 working days, the competent authority shall be responsible for notifying in writing to guide the investor to continue completing the dossier.
• No later than 05 days from the date of receiving a complete and valid dossier, the competent authority shall issue a written request for opinions from the state management agency on areas related to the construction project if the dossier contains incomplete or inconsistent information.
• The construction permit-issuing agency is responsible for checking the conditions for granting construction permits.

Step 3: Issue construction permit

• Issuance of construction permit within 20 days from the date of receipt of valid documents.
• In case the permit issuance deadline is due but further consideration is needed, the construction permit-issuing agency must notify the investor in writing of the reason, and at the same time report to the competent authority to directly manage it for consideration, and direct implementation, but not more than 10 days from the prescribed expiration date.
• The time for granting construction permits for advertising works is implemented in accordance with the law on advertising.

Competent authority issues construction permits

According to Article 103 of the Law on Construction 2014 (amended 2020), the authority to issue construction permits is prescribed as follows:

• Provincial People’s Committee: Licensing for most projects in the province. Can be decentralized and authorized to the Department of Construction, Management Board of industrial parks, export processing zones, high-tech zones, economic zones, and District People’s Committees under the functions and management scope of these agencies.
• District People’s Committee: Licensing for level III, level IV projects and individual houses in the area under their management.

Consulting and guidance services for applying for professional construction permits in Long Phan

The construction permit application process can be complicated and time-consuming. To get the best support, customers can use Long Phan’s professional consulting and construction permit guidance services. Our Services include:

• Consulting on cases requiring construction permits;
• Consulting on cases of exemption from construction permits;
• Consulting on construction permit conditions;
• Consulting with competent authorities to issue construction permits;
• Consulting and supporting the drafting of construction permit application documents;
• Instructions on the order and procedures for applying for construction permits;
• Representing customers to apply for construction permits quickly;
• Consulting and guidance on explaining and supplementing documents to competent authorities (if any);
• Advice on how to handle construction without permission;
• Consulting and answering other related issues.

Mastering construction licensing procedures is essential to ensure the construction process goes smoothly and in accordance with regulations. Long Phan hopes this article has provided customers with useful information. If you have any questions, please contact us via the hotline: 0906735386 for advice and support.