New provisions on construction permits

The Government issued Decree No. 64/2012/ND-CP dated 04 September 2012 on the construction permits.

Accordingly, the construction permit includes three types: new construction; renew and renovation; relocation works. Buildings and individual houses shall be obtained construction permit if they meet the following conditions: In accordance with the construction plan, the purpose of land use, investment objectives.

Dossier of construction design must be prepared by qualified organization, individuals; the design must be evaluated and approved in accordance with current regulations. In respect of individual houses with a total construction floor area less than 250 m2, three floors downwards and not in the relic zone of history and culture need to be protected, the investor is allowed to carry out self-construction design and self-responsibility for the safety of the facility and the adjacent works.
In addition to meeting the general conditions specified above, the constructions and individual houses must also meet specific conditions in obtaining construction permits. Design of the constructions and individual houses in urban must comply with the detailed planning, regulations on urban architecture management and urban design approved by competent agencies; in respect of individual houses in rural areas must be in line with the rural residential planning approved by the district-level people’s Committee.

Construction permits shall be revoked by the competent authority in the following cases:

  1. Construction permits are issued inconformity with current regulations;
  2. After 6 months from the extension date of license that investors have not started construction works;
  3. The time limit for remedy a construction work from the date of receipt of wrintten requests is finished, in the case that the investor is breach of regulations specified in construction permits and the investor has not yet remedied its breach required by the competent authority

This Decree takes effect from the date of 20 November 2012 and replace the regulations on construction permit in Decree No. 12/2009/ND-CP dated 12 February 2009 and Decree No. 83/2009/ND-CP on 15 November 2009.