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MINISTRY Of CONSTRUCTION SOCIALIST REPUBLIC Of VIETNAM
html--- Independence-freedom-Happiness
No. 24/BXD-KTQH htmlhtml-----
Hanoi, 16 December 1994
I- GENERAL PRINCIPLES
1. Scope of construction permits
for any building, upgrading, enlarging, repairing, restoration works in urban areas or works which lead to any change in existing buildings' functions or purposes of usage, construction permits are always required to be obtained, except i n the following cases:
1.1 Group A Projects, the investment in which has been decided by the Prime Minster and technical design of which has been approved by the head of relevant ministry supervising such projects, provided the project investors bef ore the commencement of construction works give to the relevant authorities responsible for issuance of construction permits a notice of the same and submit therewith a file relating to the design of the projects as stipulated in clause 3.2.1 Section 3 Part II of this Circular, so that these authorities may be aware of the projects applied for, and to follow up and supervise their development.
1.2 Repairing works such as mortar plastering, whitewash, roof maintenance, door renovation (except doors facing onto main streets) as well as the renovation, repair, installation of interior furniture, interior decoration which do not cause any structural effect to nearby buildings and streets as stipulated in Article 18 of the Government's Decree 91/CP on the management of urban master plan dated 17 August 1994.
2. Purposes of and requirements for issuance of construction permits
2.1 To manage strictly the use of urban land in conformity with the master plan as approved;
2.2 To protect and improve urban landscape and environment;
2.3 To ensure the conformity of projects with applicable law and various rules for urban management;
3. Basis for considering the issuance of construction permits
3.1 Legal documents relating to the right to use land and, in the case of the renovation, repair or extension of projects, legal documents relating to the ownership over relevant projects;
3.2 Essential documents from the technical design of the projects;
3.3 Urban construction master plan as approved; construction criteria and standards determined by the State or those generally accepted by foreign countries which are allowed by the State of Vietnam to be adopted in Vietnam.
4. Responsibilities of the agency dealing with the issuance of construction permits (permitting agency) Responsibilities of the permitting agency include:
4.1 To prepare in full all things which are necessary for the issuance of a construction permits, such as: detailed master plans, boundary marking documentation, underground works documentation, criteria and standards for urban deve lopment; all relevant laws relating to the use of land and construction; sample project designs, assessment file relating to already built-up projects etc., for guidance purposes;
4.2 To make public approved master plans and procedures for the issuance to applicants of construction permits;
4.3 To organize the supervision and the following - up of the implementation of construction permits issued; to identify and promptly handle any breaches of construction permits in accordance with the law;
4.4 To promptly solve any organization's or citizen's claims or complaints arising in connection with construction permits;
4.5 To comply with stipulations in the Government's Decree 91/CP dated 17 August 1994 on time limits for the issuance of construction permits ;
The time limit for issuance of construction permits shall be no more than 30 days forms the date of receipt of all the application file in the case of private buildings, and no more than 40 days in the case of industrial, service, inf rastructure and other civil projects. In the case of a building in imminent danger of collapse, the time limit shall not exceed 10 days from the date of receipt of all the application file.
4.6 To be responsible for the architecture, landscaping and planning aspects of the projects as well as any possible consequences which may arise in connection therewith;
4.7 To collect and spent construction permits issuance fee in accordance with the law.
5. Responsibilities of organizations and entities applying for construction permits
5.1 To implement strictly and fully all relevant stipulations of the law and those contained in the construction permits issued to them;
5.2 Promptly notify the relevant competent State authorities of any negative occurrences during the course of considering and issuing construction permits as the case may be;
5.3 To be responsible for any consequences resulting in any breach of the construction permits while performing their obligations;
5.4 To be liable for indemnifying and compensating for any damages caused by them to any structure on land, under the ground or in the air in connection with the development by them of the projects.
6. Responsibilities of organizations and individuals in charge of the valuation of construction design
These organizations and individuals are bound by their responsibilities depending on the scope of their tasks and functions in accordance with the law
II- PROCEDURE AND APPLICATION fOR OBTAINING CONSTRUCTION PERMITS
1. Steps for filing an application for obtaining construction permits The procedure for applying for obtaining a permit for building, renovating, upgrading, repairing, restoring or changing functions of a project is carried out in two steps:
1.1 first step: Obtaining a planning/zoning status certificate for the purpose of:
- Choosing an appropriate site, and setting up investment project for the development of the project;
- Obtaining necessary guidance on the use of land and architectural and infrastructure planning;
- The basis for setting up the construction design.
1.2 Second step: Setting up the construction permits application file
2. Planning/zoning status certificate
2.1 Cases where the planning/zoning status certificate is not required to be obtained:
- The development of the project is in conformity with the detailed master plan as approved and already made public;
- Separate residential houses being located in areas already planned for residential purposes;
- Construction works in Category V urban areas;
- Construction works in industrial zones and other reclaimed or newly - built zones the master plan for which has been approved and in respect of the whole land site of which the planning/zoning status certificate has been issued;
- Technical and infrastructure development works;
- Works for temporary use, advertisement sign, various monuments and statues;
- Works for which construction permits are not required to be obtained
If the project investors desire to obtain necessary information relating to the planning/zoning they shall have to send a petition in writing to the relevant authority responsible for the management of planning matters, in res ponse to which they shall receive an official reply in writing.
2.2 Application file for obtaining planning/zoning status certificates The file comprises the following:
- Application file for planning/zoning status certificate (see form 1 attached specifying the scope and nature of the project, reasonable requirements for the use of land, and indicating other infrastructure facilities available in the given area;
- 1/5000 - 1/25000 scale orientation plan of the land site;
- 1/500 - 1/2000 scale area plan of the land site
The file shall be submitted to the chief architect or (if not available) municipal/provincial construction department who will be responsible for considering and, if relevant, issuing the certificates. The chief architect (or construction department ) may, on the project investors' request, authorize his (its) representative offices in various districts and towns to provide necessary information on the planning/zoning of areas where the investor's construction works are to take place .
2.4. Time limits for issuing planing/zoning status certificates
for projects with 3 stories (one ground floor and 2 upper floors) or more, with invested capital exceeding VND 500 million or with total floor area exceeding 200 sp., or such projects of great significance in urban areas as classified in C lause 4.2 Section 4 Part II of this Circular which have to meet the highest architectural, planning, environment protection and historical - cultural preservation requirements, the time limit for considering the granting of the planning /zoning status certificates shall be 30 days from the date when the whole application file is submitted.
The time limit for remaining projects shall not exceed 10 days from the date of submission of the application file.
2.5. Contents of a planning/zoning status certificate (see form 2 attached)
In a planning/zoning status certificate, the project investor shall be provided by the relevant planning authorities with essential information on the following :
2.5.1. Stipulations on the use of land :
+ The nature and/or purposes of use of the project;
+ Permissible proportion of the construction area compared with the land site area ("construction density")
Construction area of the project
Construction density(%)=htmlhtmlhtmlhtmlhtml--x100
Land site area
+ Maximum permissible height of the project as calculated from basic height of the base to the highest point of the roof;+ Minimum width of the land site's front side;
+ "Red delineation" (the boundaries between the land with construction projects on it and the land with urban roads to be build on it, or with such land on which to the date no projects are permitted;
+ Construction limitation line (the line showing the framework only within which constructions works are allowed to be developed). This line may coincide with the red delineation;
+ Usage coefficient, which is calculated according to the formula below :
Total floor area of the project (sq.m)
Usage coefficient = htmlhtmlhtmlhtmlhtmlhtml---
Area of the land site (sq.m)
2.5.2. Relevant rules and regulations relating to the architectural and planning aspects and infrastructure facilities development :+ The relationship of the projects with the surrounding environment;
+ Requirements for the realization of the projects' architecture : roof, fence (if any), coloring, the usage of decorative materials for the project's exterior;
+ Minimum height of the buildings' base;
+ Rules for connecting infrastructure facilities of the projects with those for common usage, and car packing;
2.5.3. Other matters as may be necessary in relation thereto.
2.6. Validity of planning/zoning status certificates :
These certificates are valid for 1 - 2 years, except if there is any change in the planning/zoning, the planning agencies shall have to promptly notify the relevant applicants of the situation.
These certificates cannot replace land use right certificates and construction permits.
3. Application file for obtaining construction permits
3.1. In respect of residential houses :
3.1.1. Application file for obtaining construction permits for new residential houses shall comprise :
+ Application for construction (see forms 3 and 4 attached), together with planning/zoning status certificate (if any);
+ A copy of the land use right certificate with an extract copy of the plan;
If the land use right certificate is not available, the land rent agreement entered into by the applicant and land allocation decision made by competent authorities and confirmed by municipal/provincial land management administrati on is required;
+ Orientation map showing the location of the building;
+ 1/200 - 1/500 scale floor area map;
+ 1/100 - 1/200 scale blue-prints of the buildings' floors and main vertical and horizontal profiles of them;
+ 1/100 - 1/200 scale map of the sewerage system.
Technical design file must be compiled by licensed designing organizations or specialists. The construction design may be made by the investors themselves provided these are houses with up to 3 floors (a ground floor and 2 upper floors), with inv ested capital of less than VND 500 million or with total floor area of less than 200 sq.m., which :
+ Are built up in the area for which the detailed master plan has been approved;
+ Are not located in inner cities or alongside main streets;
+ Are not located in environmental protection areas;
+ Are not located close by recognized cultural or historical structures of great significance;
In addition to that, the investors shall solely be responsible for the security and strength of the buildings.
The technical design file of other residential buildings, depending on their scope and nature, shall have to be evaluated and approved in accordance with Article 26 of the Government's Decree 177-CP dated 20 October 1994 and specific reg ulations to be issued shortly.
3.1.2. Application file for renovating, repairing and enlarging inhabited residential houses :
+ Here the same stipulations on the application file for new buildings shall be applied.
+ Copy house ownership certificate;
+ 9 cm x 12 cm photograph covering the front side of the building together with the space alongside it, showing the situation before the development takes place;
3.2. In respect of industrial, service and other civil but non-residential projects :
3.2.1. Application file for construction or extension of structures on newly-allocated land shall comprise :
+ Application for carrying out the construction (see forms 3 and 4);
+ Documents evidencing the right to use the land, including: copy land allocation decision, land rent agreement, or land use right certificate;
+ Three copies of construction designs established by licensed designing organizations or individuals, each comprising :
- A map showing the location of the buildings;
- 1/200 - 1/500 scale total floor area map;
- 1/100 - 1/200 scale blue-prints of main vertical and horizontal profiles of the buildings;
- 1/00 - 1/200 scale sewerage system plan;
+ Copy decision on the approval of the investment project which is issued in respect of projects financed by the State budget as stipulated in Clause 1.2.3 Article 8, the project valuation and technical design approval documentation as sti pulated in Article 26 of the Government's Decree 177-CP dated 20 October 1994 and other specific regulations in relation thereto.
3.2.2. Application file for formation, renovation, upgrading or repair of structures on existing land site being lawfully used :
+ Here the same stipulations on the application file for new buildings shall be applied;
+ In respect of renovation or repair works, there must be a 9 cm x 12 cm photograph covering the front side of the project and the space alongside it showing the situation of the land site before such works begin;
+ If renovation, upgrading or enlargement works do not lead to any change in usage purposes of the projects, the project investors shall only have to apply for obtaining the planning/zoning status certificates;
+ In respect of projects requiring a change in their functions or usage purposes, together with the application for obtaining a planning/zoning status certificate, the decision of the relevant land allocating authorities on the cha nge of usage purposes of the land is also required in accordance with Article 23 of the Land Law.
3.3. In respect of projects with foreign invested capital :
There will be specific regulations for theses projects
3.4. In respect of religious projects :
+ Here the same stipulations on the application file for new buildings shall be applied.
+ A written approval for that from competent authorities responsible for religious matters.
3.5. In respect of technical and infrastructure projects
3.5.1. In respect of structural projects ( such as railway stations, water supply plants, etc.) for technical and infrastructure purposes the same stipulations in Clause 3.2.1 Section 3 Part II of this Circular shall apply.
3.5.2. In respect of straight-line works for infrastructure purposes (such as roads, electric power supply lines, water sewerage facilities, gas pipelines etc.), the application file shall comprise :
+ Application for construction (see forms 3 and 4);
+ Land allocation decision together with 1/500 scale boundary map of the land site, set up by the municipal/provincial land management administration;
+ Three copies of the construction design set up by a licensed designing organization or individual, each comprising :
- 1/500 - 1/1000 scale map showing the location of the project;
- 1/200 - 1/500 scale map showing the surface of the project;
- 1/100 - 1/200 scale blue-print of main profiles showing also the wire and pipe network;
- Technical design valuation and approval documentation issued in accordance with Article 26 of the Government's Decree 177-CP dated 20 October 1994, and any specific regulations relating thereto;
3.6. In respect of works for temporary usage (such as tents for construction sites, exhibitions, warning signs, advertisements etc.) :
Application file for obtaining construction permit for these works are as stipulated in Clause 3.2.1 Section 3 Part II of this Circular. Depending on their scope, nature and duration of usage, the permitting agency may simplify the contents for the application file.
In respect of advertisement signs in urban areas in particular, the project investors shall be responsible for the contents of the signs in accordance with the applicable law.
4. Authority to issue construction permits
4.1. The minister of construction shall issue construction permits to construction works of interprovincial investment projects, based on recommendations from the localities concerned confirming that the development works belong to the pro jects and that these works meet all the requirements for the issuance of construction permits.
4.2. The chief architect or (if not available) the construction department of the relevant city or province shall issue construction permits to construction works in urban areas provided they meet all the following conditions :
+ Works with invested capital exceeding VND 500 million or with total floor area exceeding 20 sq.m and having more than 3 stories (a ground floor and 2 upper floors); or
+ Works with less than 3 floors with invested capital of less than VND 500 million, or having the total floor area of less than 200 sq.m. but developed in a location especially important to the given urban area, such as inner cities, tow ns, districts, or stretching alongside main streets or highways going across urban areas, or located in ancient city quarters, environmental protection areas, in recognized cultural and historical sites, and such areas for which no detail ed development master plan has been approved.
The chief architect or (if not available) the construction department shall, based on the above criteria, first classify the projects and resolve each case within the frame of their competence and then submit the documentation to the chairman of the people's committee of the relevant city/province for decision.
In the case of Hanoi and Ho Chi Minh City, all relevant regulations on the division of permitting competence and the determination as to which projects are to be in the competence of the chief architect, shall have first be agreed upo n by the Minister of Construction before their promulgation by the chairman of the peoples' committee of the above cities.
4.3. Representatives of the chief architect or construction department in provincial/municipal centers and districts shall issue construction permits to other construction works to be carried out in urban areas in accordance with sti pulations by the people's committees of the relevant cities or provinces.
III. Procedure for the issuance of construction permits and the supervision of the implementation of construction permits.
1. Receiving and classifying application files for obtaining construction permits
The permitting agency is responsible for organizing the receipt of application files for obtaining construction permits, revision of their contents and relevancy and then divide them between various departments which shall deal with each group of construction works.
When receiving an application file with all the necessary documents, the permitting agency insert a code in a form to be signed by both the applicant and the permitting agency, clearly inciting the date on which the matter shall have been resolved. Each application file shall be made in two copies, one kept by the project investor and one kept by the permitting agency. No later than 15 days after the date of receipt of the application file the permitting agency has to notify the investor of any additional documents as may be required. The time spent completing such additional documents shall not be included in the time limit of considering the application file.
2. Consulting with relevant agencies concerned
Depending on each project's nature and particular requirements, the permitting agency may give a notice to relevant agencies, including land management administration, technology and environment, fire prevention and fighting, construc tion, communication and public utilities departments, national defense staff and local authorities, requesting these organs to give their recommendations in relation to the projects of their concern.
The consulting agencies are, no later than 10 days after receipt of such a notice, responsible for giving their written recommendations in response to the notice. If upon expiration of such duration no response was made, it shall dee m to be their approval of the case.
In addition, recommendations from the provincial/municipal Planning and Architectural Council shall be required in respect of large and complicated projects to be built in inner cities with high ethical, architectural, art, enviro nment and landscaping protection requirements.
3. Claim and complaint solving
Any claim or complaint shall be made in writing and sent to the permitting agency who are responsible for responding to the claimant.
If the claimant is not satisfied with the permitting agency's settlement, he may forthwith send his claim or complaint to the chairman of the people's committee of the province/city directly managed by the central government whose decision sha ll be final.
4. Valuation of application files, decision on issuance of construction permits and fee collection
Based on application files, constancy opinions and recommendations, planning/zoning status certificates, currently applicable criteria and standards and other construction related statutory documents, the permitting agency shall car ry out the evaluation of the application files and make on site revision, after that it shall decide to issue the construction permit or refuse to do so.
The original of the construction permit (form 5) shall be given to the project investor. In the event the construction permit is lost, the investor must give a notice of that to the permitting agency for resolving.
The permitting agency shall before issuance of any construction permit collect a fee in accordance with the law.
Within 12 months from the date of issuance of the construction permit, if all necessary conditions are not available for the construction work to commence, the investor shall have to apply for the duration of his permit to be ext ended. Such extension shall in any event not exceed 12 months. After expiration of such a period the construction permit shall no longer be valid.
5. Controlling and supervising the implementation of construction permits
The projects investors are responsible for complying with the stipulations of the construction permits issued to them.
In cases of any change of the land site's boundaries and delineation as well as any change in the project's architectural or technical design, the construction permit must be replaced, for which the project investor shall submit an application to the permitting agency.
A number of blank boxes are available in each construction permit for the purpose of recording results of controlling and supervising the implementation of the construction permit. After completion of each construction phase (i.e. base con struction, underground works, structure works, finishes, and completion) the permitting agency shall send a team of officials to the construction site to supervise the works and seal and sign in relevant boxes, thus certifying the compli ance of the works with requirements contained in the issued construction permit.
After the completion of the construction, the permitting agency shall certify such completion, based on which the project investors shall register their application for obtaining a certificate of ownership of the projects.
In the case of non-compliance with the construction design approved by the permitting agency and in respect of which measures of handling have been taken, the completion file of the project shall comprise all documents relating to measures of handling taken by the relevant authorities in connection with such non-compliance.
6. Amendment of and addition to construction permits
When applying for any amendment of and/or addition to the construction permit, the project investor has to serve a notice explaining the reasons and specifying the proposed changes to be made.
The permitting agency shall consider the case and make its decision in respect of such amendment and/or addition no later than 10 days from receipt of the explanatory notice from the project investors.
7. Archiving application files and completion documentation.
The permitting agency is responsible for archiving the application file for obtaining construction permits as well as completion documentation for the purpose of strict management of the development of construction works in urban areas.
V. Implementation organizing
1. Chief architects and (where the chief architect is not available) construction departments of cities and provinces shall, based on stipulations of the Government's Decree 91-CP dated 17 August 1994, Decree 177-CP dated 20 October 1994 and thi s Circular, make a guidance on the procedure for issuance of construction permits in the locality under their competence.
2. People's committees of provinces/cities directly managed by the central government shall direct the agencies responsible for issuance of construction permits to ensure the quick, strict and precise implementation of the procedure, to supervise regularly and promptly handle any breaches of law.
3. This Circular shall come into force from the signing date. All previous regulations contrary to this Circular shall cease to be valid.
Any difficulties, queries should be notified with the Ministry of Construction for consideration and resolution.
for Ministry of Construction Minister
NGO XUAN LOC (Signed)
People's Committee of Socialist Republic of Vietnam
(Province/city directly Independence-freedom-Happiness
managed by the central
government)
(Name of agency issuing
planning/zoning status
certificate)
Planning/zoning status certificate
No............./CCQH
1. This Certificate is issued to :......................
Address:................................................
Number:....................Street/Road :................
Ward/Commune:...............District:...................
Province/City:..........................................
2. Contents of Certificate :
2.1 Name of the land ......... Total area (sq.m)........
Number:........................Street/Road:.............
Ward/Commune:..................District.................
2.2. Land planning/zoning and usage
1) function of the land :...............................
Kind of building to be developed :......................
Building prohibited from being developed :..............
2) Red delineation :....................................
3) Base level :..........(m high from sea surface level)
4) Minimum width :......................................
5) Construction density :...............................
6) Land use coefficient :...............................
7) Maximum height :.......m Minimum height :
8) Construction boundaries :............................
9) Architectural requirements :
Color :................................................
Materials:..............................................
Roof:...................................................
10) Environmental requirements :........................
11) Car parking :.......................................
2.3. Other matters to be considered :...................
........................................................
3. Attention :
This Certificate is valid for years.
This Certificate is the base for designing of construction projects and
shall not be deemed valid as a land use right certificate nor replace
the construction permit.
Date :
Sign and seal
Socialist Republic of Vietnam
Independence-freedom-Happiness
Application for construction permit
(for collective or State ownership projects only)
New building
Renovating/Repairing
To :
1. Project investor (company/organization name)..........
Represented by :...........................................
Contact address :..........................................
Number :..........................Street/Road..............
Ward/Commune......................District.................
Province/City..............................................
Telephone number :.........................................
2. Location of the land
Number of land :...........................................
At :..............................Street......................
Ward/Commune......................District.................
Province/City..............................................
Planning/zoning status certificate number :................
3. Designer :
Address:...................................................
Professional practice licence number :.....................
Telephone:.................................................
4. Design valuator :.......................................
Professional Licence Number :.........Issued on :..........
5. Undertakings :
I undertake to comply with the construction permit issued to me and shall
be liable for any breaches in accordance with the law.
Date :
Sign and seal :
(Applicant)
Construction work supervision process-verbal
(Construction Permit number :..../GPXD dated..../..../....)
The supervisor shall sign this Process-Verbal only if the project
investor has complied with the Construction Permit issued to him
Date Supervisor's name Comment Supervisor's
in full signature
......... 1. Base and ground
works
2. Structure building
3. finishes
4. Recommendations for
handling of breaches
Date :
Sign and seal
(Construction permit issuing agency)