Construction permitshave a limited term for projects and individual houses help strictly manage the construction process, ensuring projects comply with safety, quality, and environmental regulations. Below, Long Phan will provide information about the above procedures, thereby hoping to help you understand the process and legal regulations before applying for a license.
Construction permits have a limited term for projects and individual houses
What is a term construction permit?
According to the provisions of Clause 18, Article 3 of the Law on Construction 2014, a construction permit with a term is a construction permit issued for the construction of works and individual houses that can be used for a certain period of time according to the plan to implement the regulations construction plan.
Conditions for granting construction permits with a limited time limit for the latest projects and individual houses
Pursuant to Clause 1, Clause 2 and Clause 3, Article 94 of the Law on Construction 2014 (amended and supplemented 2020), the conditions for granting a construction permit with a term for individual works and houses are:
Belonging to an area with construction zoning planning, functional area construction zoning planning or detailed planning, detailed functional area construction planning that has been approved and announced by a competent state agency but has not yet been implemented and there is no land recovery decision from a competent state agency;
In accordance with the scale of the project prescribed by the Provincial People’s Committee for each area and the duration of the project’s existence according to the plan for implementing construction zoning planning, functional area construction zoning planning or detailed planning and detailed planning for construction of functional areas approved by competent state agencies;
In accordance with the land use purpose determined in the legal land documents of the applicant for a limited-term construction permit;
When the term of existence of the project as stated in the construction permit expires and the competent state agency issues a decision to recover land, the investor commits to self-destroy the project. If not, the investor will be forced to bear all costs for demolition. If past this deadline the construction planning has not been implemented, the investor may continue to use the project until the competent state agency has a decision to recover the land. Support during demolition is carried out in accordance with the provisions of land law.
For construction works, additional conditions in Clauses 3, 4, 5 of Article 91 of the Law on Construction 2014 must be met:
Ensuring safety for construction and neighboring works and requirements on environmental protection, fire and explosion prevention and control; ensuring the safety of technical infrastructure, protection corridors of irrigation works, dykes, energy, traffic, cultural heritage areas, historical and cultural relics; Ensuring a safe distance from flammable, explosive, toxic works and important works related to national defense and security;
The construction design has been evaluated and approved according to the provisions of Article 82 of this Law;
The application dossier for a construction permit is appropriate to each type of permit as prescribed in Articles 95, 96 and 97 of this Law.
For individual houses, additional conditions must be met in Points b, c and d, Clause 1, Article 93 of the Law on Construction 2014, including:
Ensuring safety for construction and neighboring works and requirements on environmental protection, fire and explosion prevention and control; ensuring the safety of technical infrastructure, protection corridors of irrigation works, dykes, energy, traffic, cultural heritage areas, historical and cultural relics; provide a safe distance from flammable, explosive, toxic works and important works related to national defense and security;
Individual house construction design is carried out according to the provisions of Clause 7, Article 79 of this Law;
Dossier to request a construction permit as prescribed in Clause 1, Article 95, Article 96 and Article 97 of the Law on Construction 2014.
Individual houses are also eligible for a limited-term construction permit
The time-limited construction permit issuance process for projects and individual houses
Prepared documents
Pursuant to Clause 2, Article 50 of Decree 15/2021/ND-CP, dossiers applying for a construction permit with a term for individual works and houses are:
For projects:
For non-linear projects:
Application for a construction permit with a term as prescribed in Form No. 01, Appendix II of this Decree;
One of the documents proving land use rights according to the provisions of land law;
The decision to approve the project; Written notice of appraisal results from a specialized agency and attached basic design drawing documents with confirmation stamp (if any); Certificate of design approval for fire prevention and fighting and accompanying approved documents and drawings according to the provisions of the Law on Fire Prevention and Fighting; Written results of implementing environmental protection procedures according to the provisions of the 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 are implemented after the basic design is approved according to the provisions of construction law.
For linear works:
Application for a construction permit with a term as prescribed in Form No. 01, Appendix II of this Decree;
One of the documents proving land use rights or written approval from a competent state agency on the location and route plan or land recovery decision from a competent state agency according to the provisions of the land law;
Documents as prescribed in Point c, Clause 1 of this Article;
02 sets of construction design drawings in the construction design dossier are implemented after the basic design is approved according to the provisions of the Law on Construction.
For belief and religious works:
The application file for a religious construction permit includes documents such as linear construction projects and written approval of the necessity of construction and scale of the project from a specialized agency in charge of belief and religion under the Provincial People’s Committee;
Application dossier for a construction permit for religious works and opinions of the specialized agency on beliefs and religions under the Provincial People’s Committee (in case the law on beliefs and religions has provisions); 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, a document on the necessity must be added. Construction and scale of works of state management agencies in charge of culture according to the provisions of the Law on Cultural Heritage.
For individual houses:
Application for a construction permit with a term as prescribed in Form No. 01, Appendix II of this Decree.
One of the documents proving land use rights according to the provisions of land law.
02 sets of construction design drawings accompanied by a Certificate of design approval for fire prevention and fighting together with approval drawings in case required by law on fire prevention and fighting; Report the results of construction design verification in case required by Law on Construction.
Document components vary between licensees
Competent authority to resolve
Pursuant to Article 103 of the Law on Construction 2014, amended and supplemented in 2020, agencies competent to issue construction permits with a limited term include:
Provincial People’s Committees issue construction permits for works that require a construction permit in the province, except for works specified in (ii).
The Provincial People’s Committee decentralizes and authorizes the Department of Construction, the Management Board of industrial parks, export processing zones, high-tech zones, economic zones, and district-level People’s Committees to issue construction permits within their functions, and the scope of management of this agency.
District-level People’s Committees issue construction permits for level III and level IV works and individual houses in the area under their management.
Implementation steps
Pursuant to Clause 1, Article 102 of the 2014 Law on Construction, Clause 1, Article 54 of Decree 15/2021/ND-CP, the procedure for granting a construction permit with a term for individual works and houses is:
Step 1: Submit application
The subject applying for a construction permit shall submit 02 sets of documents to the competent authority.
Step 2: The competent authority receives the application
Competent authority checks documents; Write a receipt in case the application meets the regulations or instructions on completing the application in case the application does not meet the regulations.
Step 3: The competent authority will review the dossier and process the request:
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. When appraising the dossier, the competent authority must identify missing documents, documents that do not comply with regulations or are not in accordance with reality and notify the investor in writing once to supplement and complete the dossier profile.
In case the additional dossier does not meet the requirements according to the written notice, within 05 working days, the competent agency is responsible for notifying in writing instructions to continue completing the dossier.
In case the additional documents still do not meet the contents as per the notice, within 03 working days, the competent agency is responsible for notifying the investor of the reason for not issuing the license.
Step 4: Get opinions from state management agencies in relevant fields:
The agency competent to issue construction permits is responsible for comparing the conditions to send documents to seek opinions from state management agencies on fields related to construction works.
Within 12 days for individual buildings and houses from the date of receiving the dossier, the consulted state management agencies are responsible for responding in writing on the contents falling under their management functions. After the above deadline, if these agencies have no comments, they will be considered to have agreed and must be responsible for the contents within their management functions; Construction licensing agencies based on current regulations to decide on granting construction permits;
Step 5: Return results
From the date of receipt of valid documents, the competent authority shall issue a Construction Permit within 20 days and within 15 days for individual houses.
In case the deadline for granting a construction permit is due but further consideration is needed, it can be extended but must not exceed 10 days from the expiration date. In this case, a written notice must be sent to the investor stating the reason.
Consulting services and support for applying for construction permits for a limited period of time for projects and individual houses
Are you planning to build a project or individual house and are wondering about the procedures for granting a construction permit for a limited period? Long Phan’s consulting and support services for applying for construction permits help you save time, costs and ensure the conditions for applying for a construction permit. Services in Long Phan include:
Consulting on conditions for applying for construction permits for individual projects and houses;
Consulting and support in preparing dossiers to apply for a construction permit with a time limit;
Instructions on the order and procedures for applying for a construction permit with a time limit;
Authorized representative to issue construction permits quickly;
Consulting on solving problems that arise during the process of applying for a construction permit for a limited period;
Consulting and supporting other issues related to the construction process.
Long Phan brings you fast, convenient, and effective services, helping you obtain a construction permit for a limited period of time for projects and individual houses, as required, without having to worry about documents, preliminary, and complicated procedures. Please contact us via the hotline 0906735386for detailed advice.
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Luật sư Trần Tiến Lực
Lawyer Luc Tien Tran – a dedicated and deeply knowledgeable professional in the fields of construction consulting, real estate consulting, and intellectual property consulting. His expertise, experience, and profound understanding of related issues make him a reliable partner. Mr. Luc's professionalism and dedication will provide optimal solutions and help clients achieve their desired business outcomes.