Procedures for applying for Granting construction relocation permit

Article overview

Granting a construction relocation permit is an administrative procedure when it is necessary to relocate a construction project to a new location. This process requires investors to comply with legal regulations on construction planning, construction safety and environmental protection. The article below will analyze in detail the cases requiring permission, licensing authority, documents and necessary procedures when applying for a construction relocation permit.

 Granting construction relocation permits
Granting construction relocation permits

Cases requiring a permit to relocate works

Applying for a construction relocation permit is mandatory in many cases according to the provisions of law. These situations may include:

  • The project is located in a dangerous zone.
  • Urban planning and infrastructure development
  • Security and defense reasons.
  • Preserving heritage.
  • The building is seriously degraded.
  • Environmental pollution.

Relocation of works must ensure the following requirements:

  • Relocation of construction works from one location to another must be in accordance with approved construction planning, ensuring construction quality and safety, not affecting neighboring works and ensuring that they remain intact. Architecture for works requiring preservation.
  • When relocating a construction project, the investor or owner of the project must have a construction relocation permit.
  • Contractors carrying out relocation of construction works must take measures to ensure labor safety, safety of the relocated works and neighboring works, and environmental protection.
 The project is located in a dangerous zone
The project is located in a dangerous zone

Authority to issue construction relocation permits

The authority to issue construction relocation permits is specifically specified in Article 103 of the Law on Construction 2014. Identifying the correct licensing authority is the first important step in the process of applying for a construction relocation permit. .

  • The Ministry of Construction is the agency with the highest authority in issuing construction permits, including permits for project relocation. Specifically, the Ministry of Construction is responsible for issuing licenses for special-level projects.
  • Provincial People’s Committees have the authority to issue construction permits for a variety of important projects. Specifically, the Provincial People’s Committee issues licenses for level I and level II construction projects; religious works; Historical-cultural relics, monuments, and monumental paintings are ranked. In addition, the Provincial People’s Committee also licenses projects on main routes and streets in urban areas and projects under foreign direct investment projects.
  • District-level People’s Committees are assigned the authority to issue construction permits for individual works and houses within their management. Specifically, the District People’s Committee licenses individual works and houses to be built in urban areas, commune cluster centers, in conservation areas, and historical-cultural relics within the management area. However, this authority does not include works under the licensing authority of the Ministry of Construction and the Provincial People’s Committee.
  • For specific areas such as industrial parks, export processing zones, high-tech zones, and economic zones, the Provincial People’s Committee can delegate to the Management Board of these zones the authority to issue construction permits. This applies to individual buildings and houses within the above mentioned areas.

Note: Although Article 103 of the Law on Construction 2014 does not directly mention “relocation of works”, according to general regulations, a permit to relocate works is considered a type of construction permit. Therefore, the regulations on the authority to issue construction permits also apply similarly to the issuance of permits to relocate works.

Identifying the correct licensing authority not only ensures the legality of the license but also helps the licensing process go faster and more effectively. Investors need to base on the type of project, scale and location to determine the appropriate licensing authority.

Procedures for applying for a construction relocation permit

File

According to the provisions of Article 97 of the Law on Construction 2014, the application must include the following components:

  • Application for a project relocation permit
  • Copy of documents proving land use rights where the project will be relocated.
  • Construction completion drawings (if any) or design drawings describing the actual status of the relocated project
  • Report on survey results to assess the current quality of the project
  • The relocation plan includes two main parts:

The explanation section should describe in detail the current status of the project and the area to which it will be relocated. This content should clearly state the relocation solution, plan for arranging the use of vehicles, equipment, and human resources. Particularly important are solutions to ensure safety for structures, people, machinery, equipment and neighboring structures during the relocation process. The plan also needs to mention measures to ensure environmental hygiene, relocation progress and information about organizations and individuals carrying out the relocation.

The drawing of construction methods for relocating the project needs to show in detail the steps to carry out the relocation, from dismantling, transporting to reinstalling the project at the new location.

Preparing complete and accurate documents as required not only meets legal regulations but also helps the approval process go faster and more smoothly. Investors need to pay special attention to the accuracy and completeness of documents, especially technical drawings and relocation plans.

Licensing procedure

The procedure for granting construction relocation permits is specifically regulated in Article 102, Article 103 of the Law on Construction 2014 (amended by Clause 36 and Clause 37, Article 1 of the Amended Construction Law 2020) and Article 54 of Decree 15/ 2021/ND-CP. This process includes many steps, requiring close coordination between the investor and the competent authority.

Step 1: The investor needs to submit 02 sets of application documents for a project relocation permit to the agency competent to issue construction permits.

Step 2: The agency competent to issue construction permits receives the dossier, checks it and writes a receipt if the dossier meets the requirements. If the dossier is incomplete, this agency will guide the investor to complete it.

Step 3: Document appraisal process and field inspection. The licensing agency is responsible for identifying missing or incorrect documents and notifying the investor in writing to supplement and complete the dossier.

Step 4: The licensing agency sends a document to seek opinions from state management agencies related to the construction project.

Step 5: Agencies consulted are responsible for responding in writing on the contents within their management functions.

Step 6: The competent authority reviews the application to issue a permit to relocate the project. The license issuance time limit is 7 working days from the date of receipt of complete and valid documents.

Competent authority
Competent authority

Consulting services and support procedures for applying for a construction relocation permit in Long Phan

Long Phan provides professional consulting services on procedures for granting construction relocation permits. Our team of experts masters the legal process and related technical requirements. Our services include:

  • Analyze feasibility and identify licensing authority
  • Instructions for preparing complete legal documents according to regulations
  • Instructions on procedures for applying for a relocation permit
  • Consulting on preparing technical reports to evaluate the current status of the project
  • Support in developing a detailed relocation plan, ensuring safety
  • Drafting license applications and related documents
  • Representatives work and explain to the authorities
  • Monitor and urge the appraisal and licensing process

We help customers apply for licenses smoothly, saving time and costs. If you need detailed advice, please call the hotline 0906735386. Long Phan will provide the optimal solution for your construction relocation project.