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MEKONG COUNSEL

Decree on the grant of construction permits

On September 04th, 2012 the Ministry of Construction issued Decree No. 64/2012/ND-CP on the grant of contruction permits. Accordingly, some regulations on conditions, order, procedure to apply for contruction permits shall be amended, supplemented as follows:

 

- Works exempted from constructon permits shall be supplemented as follows:

 

+ Works as regulated by the Government to be exempted from constructon permits;

 

+ Works under construction projects in which investment policy is considered and approved by the Prime Minister, Minister of Construction, Heads of ministerial agencies, Chairman of the People’s Committees of all levels.

 

- General conditions for all types of works and individual houses to be granted the construction permits shall be regulated as follows:

 

+ To conform with the construction plannings, land use purposes, investment objectives;

 

+ To be granted a construction permit, the works, depending on the scale, nature, charaters of construction, must comply with regulations on: red-lined boundary; construcion boundary; works safety; fire prevention and fightting; invironmental protection; safety corridors for irrigational works, dyke embankments and historical-cultural relics; safety distance to flammable, explosive, and hazardous works or national defense.

 

+ Construction designs must be carried out by qualified organizations, individuals and appraised, approved as regulated.

 

- Dossiers of application for a construction permit shall be supplemented as follows:

 

+ A certified copy of the contract signed between the investor and the onwer (in case of installation of equipment or other structures in constructed works which are not under the investor’s ownership;

 

+ Decision on approval of the project enclosed with the letter of investment acceptance, written comments and basic design (if any) of competent authoritites as regulated.

 

- Drawings in dosiers of application for a construction permit shall be detailed as follows: Two (02) sets, including:

 

+ The general plan of the works on the land and its boundary;

 

+ The layouts, drawings of cross sections, principal vertical sections of the works;

 

+ The foundation layouts, drawings of foundation cross-sections, principal force-bearing structures;

 

+ The fire prevention and fightting system drawings (if any);

 

+ In case of repair or renovation, the drawings of the location, items to be repaired and the survey report on the old struture quality if the repair affects the structures of the new works shall be required.

 

- Amended contents in a construction permit shall be detailed as follows:

 

+ Changing the exterior architecture of the works;

 

+ Changing one of the factors: location, foundation, construction area, scale, height, number of  floors and other factors which affect the principal force-bearing structures of the works;

 

+ In case of changing the interior design of the works causing a change to the works use and impact on fire prevention and fighting, invirontmental protection;

 

- Dossiers of application for amendment of a construction permit shall be supplemented as follows:

 

+ The reason(s) for amendment must be specified in the Application Form;

 

+ The report on evaluation result and the letter of aproval of the amended design (execept for individual houses) of the investor;

 

+ The construction permit shall be allowed to amend only one (01) time each works; Application for the grant of a new construction permit for second amendment shall be required as regulated.

 

- Extension of a construction permit shall be supplemented as follows:

 

+ If, within 30 days prior to the expiry of the construction permit, the works has not been started yet, the investor may apply for an extension of the construction permit;

 

+The maximum term of an extention shall not exceed six (06) months; After the extension term, the investor must apply for a new construction permit as regulated;

 

+ Each construction permit shall be extended only one (01) time.

 

- Re-grant of a construction permit shall be supplemented as follows:

 

+ A torn, crushed, or lost construction permit shall be re-granted;

 

+ The re-granted construction permit shall be the copy;

 

+ The dossiers of application for re-grant of a construction permit shall include: Application Form specifying the reason(s); The original of the construction permit which has been granted (in case the construction permit is torn, crushed).

 

 

This Decree shall be effective from October 20th, 2012, supersede regulations on grant of construction permits in Decree No. 12/2009/ND-CP dated Febuary 12nd, 2009 of the Goverment on management of investment projects and Decree No. 83/2009/ND-CP dated October 15th, 2009 of the Goverment amending, supplementing a number of articles of Decree No. 12/2009/ND-CP; regulations on the grant of construction permits to underground works as regulated in Decree No. 39/2010/ND-CP dated July 4th, 2010 of the Government on mamagement of construction space of underground works. Previous regulations on the grant of construction permits contrary to these regulations shall be repealed.