Temporary construction permit: Documents & Application process

Temporary construction permit is a type of license issued to investors to build projects and individual houses for a certain period of time. Mastering the legal regulations on temporary construction permits is a prerequisite to ensure the construction process takes place legally and avoids unnecessary risks. The article below will provide customers with detailed information about temporary construction permits.

What is a temporary construction permit?

Pursuant to Clause 18, Article 3 of the Law on Construction 2014, amended and supplemented in 2020, a temporary construction permit is also known as a term construction permit. Accordingly, a temporary construction permit is a construction permit issued for the construction of works and individual houses that can be used for a certain period of time.

Conditions for granting construction permits are limited

To be granted a temporary construction permit, the project must fully meet the following conditions:

General conditions

• Belonging to an area with planning according to the law on urban and rural planning that has been approved and announced by a competent state agency but has not been implemented and there is no decision to reclaim land from a competent state agency.
• In accordance with the scale and duration of the project prescribed by the Provincial People’s Committee for each area according to management and development requirements and in accordance with the planning deadline.
• The investor commits to self-demolish the construction when the term of existence stated in the limited-term construction permit expires. If the investor fails to self-demolish, the project will be forced to do so and the investor will bear all costs for the forced demolition.

Specific conditions

For construction projects other than individual houses:

• Meet all the general conditions mentioned above.
• Suitable for land use purposes according to approved land use planning.
• Ensuring safety for construction and neighboring works and requirements on environmental protection, fire and explosion prevention and control; ensure the safety of technical infrastructure, protection corridors of irrigation works, dykes, energy, traffic, cultural heritage areas, historical and cultural relics; Ensure 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.
• The application dossier for a construction permit is appropriate to each type of permit according to regulations.

For individual houses:

• Meet all the general conditions mentioned above.
• Suitable for land use purposes according to approved land use planning;
• Ensuring safety for construction and neighboring works and requirements on environmental protection, fire and explosion prevention and control; ensure the safety of technical infrastructure, protection corridors of irrigation works, dykes, energy, traffic, cultural heritage areas, historical and cultural relics; ensure 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 the Law on Construction 2014;
• Dossier to request a construction permit as prescribed in Clause 1, Article 95, Article 96 and Article 97 of the Law on Construction 2014.

The order and procedures for applying for a construction permit have a time limit

Prepare documents

The application for a temporary construction permit is prepared similarly to the application for a new construction permit, including:

First, application dossier for a construction permit for individual houses:

• Application for construction permit;
• A copy of one of the documents proving land use rights according to the provisions of land law;
• Construction design drawings;
• For construction projects with adjacent structures, there must be a written commitment to ensure safety for the adjacent structures.

Second, application dossier for a construction permit for non-linear projects:

• Application for construction permit;
• A copy of one of the documents proving land use rights according to the provisions of land law;
• Copy of project approval decision or investment decision;
• Construction design drawings;
• A declaration of capacity and experience of the design organization and individual who is the leader or person in charge of construction design, accompanied by a copy of the practice certificate of the leader or design leader.

Third, application file for construction permit for linear projects:

• Application for construction permit;
• Copy of project approval decision or investment decision;
• Construction design drawings;
• A declaration of capacity and experience of the design organization and individual who is the leader or person in charge of construction design, accompanied by a copy of the practice certificate of the leader or design leader;
• Written approval from a competent state agency on the suitability with the location and route plan;
• Land recovery decision of the competent state agency according to the provisions of land law.

Implementation procedures

To be granted a temporary construction permit, the following steps must be taken:

Step 1: Submit application

Submit 02 sets of application dossiers for a construction permit with a term to the competent authority as prescribed in Article 103 of the Law on Construction 2014, amended and supplemented in 2020.

Step 2: Receive and check documents

Competent agencies receive and check documents. If the application meets the requirements, this agency will issue a receipt. If the dossier is incomplete, customers will be guided to supplement and complete it.

Step 3: Document appraisal and field inspection

Within 7 working days from the date of receiving complete documents, the competent authority will evaluate the documents and conduct a field inspection. If any missing or erroneous documents are discovered, this agency will notify customers to supplement and complete them.

Step 4: Get opinions from State management agencies

The agency competent to issue construction permits is responsible for obtaining opinions from state management agencies on fields related to construction works. Maximum processing time is 12 working days.

Step 5: Receive construction permit

The time limit for granting a temporary construction permit is 20 days from the date of receipt of complete and valid documents.

In case the license issuance deadline has come but further consideration is needed, the construction licensing authority must notify the investor in writing of the reason and at the same time report to the competent authority directly in charge for consideration and direction of implementation, but no later than 10 days from the expiration date as prescribed in this Clause.

>>> Reference: Issuing construction permits for a limited period of time for projects and individual houses.

Consulting services to support temporary construction permits

Applying for a temporary construction permit requires customers to clearly understand the law, prepare complete documents and follow the correct process. To save time and effort, customers can use Long Phan’s consulting service to support temporary construction permits. Our services include:

• Consulting on conditions for granting temporary construction permits;
• Consulting and support in preparing complete and valid documents.
• Instructions on the order and procedures for applying for temporary construction permits;
• Consulting with competent authorities to issue construction permits;
• Representing customers to apply for construction permits quickly;
• Consulting, explanation guidance and additional documents (if any);
• Consulting and answering other issues related to temporary construction permits.

A thorough understanding of the process and procedures for applying for a temporary construction permit is essential so that customers can complete the application completely and accurately, ensuring the permit application process takes place quickly. If you need more detailed advice on temporary construction permits or need support during the permit application process, please contact us via the hotline: 0906735386 for advice and support.