VietnameseJoint Circular No. 09/1999/TTLT-BXD-TCDC dated December 10, 1999 of the Ministry of Construction and Generak Department and Land guiding the granting of constrution permits
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Joint Circular No. 09/1999/TTLT-BXD-TCDC dated December 10, 1999 of the Ministry of Construction and Generak Department and Land guiding the granting of constrution permits
| Issuing body: | Ministry of Construction; General Department of Land Administration | Effective date: | Known Please log in to a subscriber account to use this function. Don’t have an account? Register here |
| Official number: | 09/1999/TTLT-BXD-TCDC | Signer: | Bui Xuan Son; Nguyen Manh Kiem |
| Type: | Joint Circular | Expiry date: | Known Please log in to a subscriber account to use this function. Don’t have an account? Register here |
| Issuing date: | 10/12/1999 | Effect status: | Known Please log in to a subscriber account to use this function. Don’t have an account? Register here |
| Fields: | Construction |
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THE MINISTRY OF CONSTRUCTION THE GENERAL LAND ADMINISTRATION ------- | SOCIALIST REPUBLIC OF VIETNAM Independence- Freedom- Happiness ------------ |
No.09/1999/TTLT-BXD-TCDC | Hanoi, December 10, 1999 |
JOINT CIRCULAR
GUIDING THE GRANTING OF CONSTRUTION PERMITS
Pursuant to the Government Decrees No.15/CP of March 4, 1994 on the functions, tasks, powers and organizational structure of the Ministry of Construction and Decree No.34/CP of April 23, 1994 on the functions, tasks, powers and organizational structure of the General Land Administration;
Pursuant to the Regulation on Investment and Construction Management issued together with the Government’s Decree No.52/1999/ND-CP of July 8, 1999;
In order to enhance the planning, construction and land management, the Ministry of Construction and the General Land Administration hereby jointly guide the granting of construction permits as follows:
I. GENERAL PRINCIPLES
1. Purposes rind requirements of the granting of construction permits:
1.1. To create conditions for organizations, households and individuals (hereinafter collectively referred to as investors) to build their construction works in a quick and convenient manner;
1.2. To ensure the management of construction according to the planning as well as the observance of relevant law provisions; to protect natural landscapes and the environment, to preserve historical and cultural relics and valuable architectural works; to develop new and modern architecture deeply characterized with national identity and effectively use land for building construction works.
1.3 To serve as basis for supervision of construction, handling of violations of construction order, compilation of construction completion dossiers and registration of ownership or use of construction works.
2. Objects that require the application for construction permits
The objects that require the application for construction permits include:
2.1. Separate residential houses of the population, which are not exempt from construction permits as prescribed in Clause 3, Article 39 of the Construction and Investment Management Regulation issued together with the Government's Decree No.52/1999/ND-CP of July 8, 1999 (hereinafter referred to as Decree No.52/1999/ND-CP for short).
2.2. Works belonging to projects of individuals, economic organizations other than State enterprises, which are not funded with the State budget capital or State-guaranteed credit capital or development investment credit capital of the State.
2.3. Construction works of diplomatic missions and international organizations, religious works.
3. Management of the construction of works exempt from construction permits
The management of the construction of works exempt from construction permits prescribed in Article 39 of Decree No.52/1999/ND-CP shall be effected as follows.
3.1. Investors must fully comply with the construction investment procedures and the conditions for commencement of construction of their works as prescribed in Article 45 of Decree No.52/1999/ND-CP before they can proceed with the construction;
3.2. The competent level's decisions to approve the technical designs of works exempt from construction permits, as prescribed in Items a, b and c, Point 3.1, Clause 3, Article 38 of Decree No.52/1999/ND-CP, shall be used for the examination and supervision of the construction process and handling of breaches of the construction order;
3.3. For works exempt from construction permits prescribed in Items a, h, i and j, Clause 1, Article 39 of Decree No.52/1999/ND-CP, before commencing construction, investors must send the main drawings on the ground and cross-section and the foundation drawings together with the waste water drainage and treatment, electricity and water supply plans of the approved technical design dossier to the competent construction planning management agency for construction supervision and archive.
In cases where the construction permit-granting agency is concurrently the agency that approves the technical design of the same work, to which the investor has sent the technical design for its approval, the investor is not required to send those drawings prescribed at Point 3.3, Clause 3, Part I of this Circular.
3.4. Far residential houses to be constructed by households or individuals themselves, which are part of the housing development project prescribed at Point b, Clause 3 of Decree No.52/1999/ND-CP, the investor of the housing development project shall have to guide the construction and conduct the inspection of the planning, architecture and environmental protection to ensure their conformity with the approved housing development project.
4. Bases for consideration of the granting of construction permits
To consider the granting of construction permits, the construction permit-granting agencies shall base themselves on the following bases:
4.1. The dossier of application for construction permit compiled by the investor in three sets, (one set returned to the applicant, two sets submitted to the concerned construction permit-granting agency);
4.2. The construction planning already approved by the competent State agency;
4.3. The work’s construction design already elaborated, evaluated and approved according to Article 36 of Decree No.52/1999/ND-CP and the guidance of the Ministry of Construction;
4.4. The standards, criteria and norms on architecture, planning, construction, environmental sanitation, and relevant legal documents.
5. Responsibilities of the construction permit-granting agencies and officials and employees involved in carrying out the procedures for the construction permit granting
5.1. The construction-permit granting agencies shall have to:
a/ Fully recruit officials and employees according to the provisions of law;
b/ Openly put up the guidance on the conditions, order and administrative procedures for the construction permit granting at the places of people
reception;
c/ Have a timetable for people reception and promptly settle organizations' and citizens' complaints and denunciations about the construction permit granting as prescribed in the Government's Decree No.89/CP of August 7, 1997 promulgating the Regulation on 0rganization of Reception of
Citizens;
d/ When receiving dossiers of application for construction permits, assign competent and capable officials and employees to receive such dossiers; if a dossier contains invalid components, the person who receives such dossier shall have to inform the applicant thereof and guide the latter to supplement and complete the dossier as prescribed; these official and employees are strictly prohibited to cause troubles or force the applicants for construction permit to use drawings or hire designers according to their own will;
e/ After granting construction permits, organize the inspection and supervision of the construction process to ensure its compliance with the granter construction permits; detect and handle according to its competence or report to the competent level for handling breaches of the construction permits as prescribed by law.
f/ Keep to the time limit for consideration of the granting of construction permits
- The time limit for granting construction permits shall not exceed 30 days from the time of receipt of the full and valid dossiers; past 30 days after the receipt of the full and proper dossier, for which the dossier-receiving official has issued a written receipt, the construction permit-granting agency shall have to grant the construction permit or issue a written reply stating the reason for not granting the construction permit.
- In cases where a house is in danger of collapse, which is certified by the district (provincial city, town or urban district) construction management bureau, the time limit for granting the construction permit shall not exceed 10 days from the time of receipt of the full and proper dossier;
g/ Take responsibility for the professional consequences in the fields of construction planning, urban architecture and environment caused by the
construction permit granting;
h/ Collect, manage and use fees for the granting of construction permits according to the Finance Ministry's regulations.
5.2. For officials and employees involved in processing the procedures for the granting of construction permits
a/ Officials and employees tasked to carry out the procedures for granting of construction permits are professionally qualified persons who are
recruited in accordance with the provisions of law and have attended a professional training course on the construction permit granting organized by the People's Committee of the province or centrally-run city;
b/ They must thoroughly understand the law on urban construction and management, the order and administrative procedures, and be capable of
organizing quick discharge of their assigned tasks; must not cause any difficulties or troubles to construction permit applicants;
c/ They must take responsibility for the results of their assigned tasks in processing the procedures for the construction permit granting in accordance with the provisions of law.
6. Responsibilities of investors applying for construction permits
6.1. To strictly abide by the provisions of law and the granted construction permits;
6.2. To accurately and promptly report to the competent State bodies on acts causing troubles or hassles or other negative acts so as for handling measures against the violators who are officials and employees of the construction permit-granting agencies;
6.3. To be entitled to commence construction of their works 30 days after:
- Having submitted the full and valid the dossiers of application for construction permit and had a written receipt thereon issued by the dossier-receiving official but had no reply from the construction permit-granting agency regarding the reason for not granting the construction permit;
- Having notified in writing the concerned ward, commune or district town People's Committee of the date to start the work construction.
6.4. To be answerable before law for all consequences caused by non-compliance with the granted construction permit;
6.5. To be answerable before law for all damage caused by their work construction to related underground, land surface and aerial projects.
7. Responsibilities of investor’s, investment and construction consultancy organizations and construction contractors
Investors, investment and construction consultancy organizations and construction contractors shall be held responsible for the results of their respective work as prescribed in Articles 14, 15, 16 and 46 of Decree No.52/1999/ND-CP and other relevant provisions of law.
II. LAND-USE RIGHT PAPERS REQUIRED IN THE APPLICATION FOR CONSTRUCTION PERMITS
1. Investors that has one of the following land-use right papers shall be grantedconstruction permits:
a/ The land-use right certificate issued by a competent State agency. These land use right certificates were issued either by the former General Department of Land Management or the General Land Administration. They may also include the land use right certificates issued to households, which state the temporarily-measured area or the debts of land use levy, land use right transfer tax and/or registration fee;
b/ The residential house ownership and residential land use right certificate issued by a competent State agency under the Government's Decree No.60/CP of July 5, 1994 on the rights to own residential houses and to use residential land in urban centers;
c/ The competent State agency’s decision to assign land or lease land for construction of residential houses and other projects in accordance with the provisions of the land legislation;
d/ The papers issued by' the State agencies competent to assign or lease land for construction of residential houses and other special-use purposes in the process of implementation of land policies in different periods under the State of the Democratic Republic of Vietnam, the Interim Revolutionary Government of the Republic of South Vietnam and the State of the Socialist Republic of Vietnam and since then such land has been continuously used by the assignees or lessees.
e/ The temporary land use right certificate issued by a competent State agency or recorded in the land registry without any disputes;
f/ Papers issued by a competent agency of the former administration to the residential land users who have continuously used such land since then without any disputes, which include: the rice field and land title document or the rice field and land extract map, duplicate map, the land lot allocation map; sale documents already certified, registered, transferred at a notary office, rice field and land bureau or registration office.
g/ Land and house inheritance papers already certified by the commune/ward/township People's Committees that the land is inherited without any disputes;
h/ The People’s Court’s judgement or decision or a competent State agency’s decision on the settlement of the land dispute, which has taken legal effect;
i/ Papers on the land assignment or the sale and purchase of the house associated with the residential land use right, with the commune People's Committee's verification that there is no dispute over such land, which is confirmed also by the district-level People's Committee;
j/ Papers on the allocation of the land by the agricultural cooperative to its members' families before June 28, 1971, the date of issuance of Resolution No.125/CP of the Government Council (now the Government) on enhancing the land management work;
k/ Residential house ownership papers under the guidance in the Construction Ministry's Circular No.47/BXD-XDCBDT of August 5, 1989 and Circular No.02/BXD-DT of April 29, 1992 guiding the realization of the opinion of the Standing Committee of the Council of Ministers on the sale of houses of grades III and IV in urban centers before October 15, 1993 or from October 15, 1993 to before July 5, 1994 where the house price already covered the price of the residential land of such house.
2. Cases where there are none of the land use right papers necessary for the granting of construction permit
In cases where a household has none of the papers prescribed in Clause 1, Part II of this Circular, in order to be granted a construction permit, its land must be verified by the commune-level People's Committee to be dispute-free, which is also confirmed by the district-level People 's Committee.
3. Changing the land use purpose before applying for construction permit
Where an investor wishes to construct a house on its land which has the land use right papers required by the construction permit application, but the use purpose of such land must be changed from agricultural, forestrial, aquaculture or salt-making to construction, before applying for a construction permit, the investor must obtain the permission of a competent State agency to change the use purpose of such land as prescribed by the land legislation.
III. CONSTRUCTION PERMIT APPLICATION DOSSIERS
1. Residential houses
1.1. Dossiers of application for permits to build new residential houses:
a/ An application for construction permit (made according to the set form), made under the investor’s name;
b/ A copy of one of the land use right papers, enclosed with an extract map or field measurement map or a plan of the land lot boundary;
c/ The business registration certificate (for construction works of enterprises).
d/ Three sets of the design dossier, each comprising:
- The ground plan of the work on the land lot, on a scale of 1/200 - 1/500, enclosed with the plan of the work's location;
- The plans of the floors, main vertical sections and cross sections of the work, on a scale of 1/100 -1/200;
- A drawing on the foundation plane, on a scale of 1/100 - 1/200 and details of the cross section of the foundation, on a scale of 1/50, enclosed with the plan of the rainwater and wastewater drainage system, the water and electricity supply systems, on a scale of 1/100 -1/200.
1.2. Dossiers of application for permits to renovate, repair and/or expand existing residential houses:
a/ An application for construction permit (made according to the set for), made under the investor's name;
b/ A copy of one of the land use right papers, enclosed with an extract map or field measurement map or a plan of the land lot boundary;
c/ The business registration certificate (for construction works of enterprises).
d/ Three sets of the design dossier; each comprising:
- The ground plan of the work on the land lot, on a scale of 1/200- 1/500, enclosed with the plan of the work's location;
- The plans of the floors, main vertical sections and cross sections of the work, on a scale of 1/100-1/200;
- A drawing on the foundation plane, on a scale of 1/100 -1/200 and details of the cross section of the foundation, on a scale of 1/50, enclosed with the plan of the rainwater and wastewater drainage system, the water and electricity supply systems, on a scale of 1/100-1/200.
e/ A 9 x 12 cm photo of the cross section of the work with adjacent frontal space before renovation, repair arid expansion.
1.3. Dossiers of application for permits to renovate, repair and/or expand residential houses under the all-people ownership and the State management or residential houses under collective ownership:
a/ An application for construction permit (according to the set form) made under the name of the lawful representative of the house owner;
b/ The copy of one of the papers on the land use right and house use right, enclosed with the extract map or field measurement map or the plan of the
land lot boundary.
c/ The business registration certificate (for constriction works of enterprises);
d/ Three sets of the design dossier, each comprising:
- The ground plan of the work on the land lot, on a scale of 1/200- 1/500, enclosed with the plan of the work’s location;
- The plans of the floors, main vertical sections and cross sections of the work, on a scale of 1/100-1/200;
- A drawing on the foundation plane, on a scale of 1/100-1/200 and details of the cross section of the foundation, on a scale of 1/50, enclosed with the plan of the rainwater and wastewater drainage system, the water and electricity supply systems, on a scale of 1/100-1/200.
e/ A 9x12 cm photo of the cross section of the work with adjacent frontal space before renovation, repair and expansion
2. Industrial and service works and civil works other than residential houses
2.1. Dossiers of application for permits to build works on newly-assigned or leased land:
a/ An application for construction permit (according to the set form) made under the investor's name;
b/ A copy of one of the papers on the land use right, enclosed with the extract map or field measurement map or the plan of the land lot boundary.
c/ The business registration certificate (for construction works of enterprises);
d/ Three sets of the design dossier, each comprising:
- The ground plan of the work on the land lot, on a scale of 1/200- 1/500, enclosed with the plan of the work's location;
- The plans of main vertical sections and cross sections of the work, on a scale of 1/100-1/200;
- A drawing on the foundation plane, on a scale of 1/100-1/200 and details of the cross section of the foundation, on a scale of1/50, enclosed with the plan of the rainwater and wastewater drainage system, the water and electricity supply systems, on a scale of 1/100- 1/200.
2.2. Dossiers of application for permits to build new works, renovate, repair, rehabilitate and/or embellish existing works on the land lot, which are being used lawfully:
a/ An application for construction permit (according to the set form) made under the investor’s name;
b/ The copy of one of the papers on the land use right and ownership of the work (if any), enclosed with the extract map or field measurement map or the plan of the land lot boundary.
c/ The business registration certificate (for construction works of enterprises);
d/ Three sets of the design dossier, each comprising:
- The ground plan of the work on the land lot, on a scale of 1/200- /500, enclosed with the plan of the work's location;
- The plans of main vertical sections and cross sections of the construction work, on a scale of 1/100-1/200;
- A drawing on the foundation plane, on a scale of 1/100-1/200 and details of the cross section of the foundation, on a scale of 1/50; enclosed with the plan of the rainwater and wastewater drainage system, the water and electricity supply systems, on a scale of 1/100 - 1/200.
e/ For works to be renovated or repaired, a 9x12 cm photo of the cross section of the construction work with adjacent frontal space before renovation, repair and expansion, is required.
f/ For construction works which have been recognized as historical and cultural relics or scenic places, a permit of the Ministry of Culture and Information must be obtained, and the law provisions on the protection and use of historical and cultural relics or scenic places must be complied with.
3. Works of diplomatic missions and international organizations
3.1. The construction and renovation of works belonging to projects built on the Vietnamese land by diplomatic missions, international organizations and other foreign agencies shall be managed under treaties or agreements signed with the Vietnamese Government.
3.2. When wishing to construct and/or renovate works belonging to the above-said projects, investors shall have to compile a dossier of application for construction permit, which comprises:
a/ An application for construction permit (according to the set form) made under the investor's name;
b/ The copy of one of the papers on the land use right, enclosed with the extract map or field measurement map or the plan of the land lot boundary.
c/ Three sets of the design dossier, each comprising:
- The ground plan of the construction work on the land lot, on a scale of 1/200-1/500, enclosed with the plan of the work's location;
- The plans of main vertical sections and cross sections of the work, on a scale of 1/100- 1/200;
- A drawing on the ground foundation, on a scale of /100-1/200 and details of the cross section of the foundation, on a scale of 1/50, enclosed with the plan of the rainwater and wastewater drainage system, the oater and electricity supply systems, on a scale of 1/100-1/200.
4. Religious works
4.1. A dossier of application for construction permit comprises:
a/ An application for construction permit (according to the set form) made under the investor's name;
b/ The copy of one of the papers on the land use right, enclosed with the extract map or field measurement map or the plan of the land lot boundary.
c/ The written consent of the Religion Committee of the competent level;
d/ Three sets of the design dossier, each comprising:
- The plan of the construction work on the land lot, on a scale of 1/200- 1/500, enclosed with the plan of the work's location;
- The plans of main vertical sections and cross sections of the construction work, on a scale of 1/100-1/200;
- A drawing on the foundation plane, on a scale of 1/100-1/200 and details of the cross section of the foundation, on a scale of 1/50, enclosed with the plan of the rainwater and wastewater drainage system, the water and electricity supply systems, on a scale of 1/100-1/200.
4.2. The management of investment, renovation and construction and the competence to grant construction permits for religious works shall comply with Article 12 of the Government's Decree No.26/1999/ND-CP of April 19, 1999 on religious activities.
5. Technical infrastructural works
5.1. Dossiers of application for permits to construct technical infrastructural works which are architectural ones like railway stations, water plants, transformer stations, post offices, television towers, etc., shall be compiled as prescribed for residential houses, industrial and service works and civil works.
5.2. For technical infrastructural works built in lines such as roads, power transmission lines, water supply and drainage or gas pipes... the dossier of application for construction permit comprises:
a/ An application for construction permit (according to the set form) made under the investor's name;
b/ The copy of one of the papers on the land use right and ownership of the work (if any), enclosed with the extract map or field measurement map or the plan of the land lot boundary.
c/ The business registration certificate (for construction works of enterprises);
d/ Three sets of the design dossier, each comprising:
- The plan on the location of the work line;
- The overall plan of the work on a scale of 1/500-1/5000;
- The plans of main cross sections demonstrating the general arrangement of the wires and/or pipes of the work line, on a scale of 1/100 - 1/200;
6. Monuments, murals and advertisement
6.1. A dossier of application for construction permit for a monument, murals comprises:
a/ An application for construction permit (according to the set form) made by the investor;
b/ The copy of one of the papers on the land use right and ownership of the work (if any), enclosed with the extract map or field measurement map or the plan of the land lot boundary.
c/ The business registration certificate (for construction works of enterprises);
d/ Three sets of the dossier, each comprising:
- The plan of the work's location
- The plan of the work, on a scale of 1/200-1/500;
- The main vertical sections and cross sections of the work, on a scale of 1/100- 1/200;
6.2. A dossier of application for construction permit for an advertisement work comprises:
a/ An application for construction permit (according to the set form);
b/ The land user's written permission for the investor to use the land for construction of the advertisement work;
c/ Outline drawings of the advertisement work.
6.3. The construction of monuments, murals and advertisement works must be permitted in writing by the culture and information management State agency of the competent level.
IV.COMPETENCE TO GRANT CONSTRUCTION PERMITS
1. Competence to grant construction permits
The presidents of the People's Committees of the provinces and centrally-run cities shall grant construction permits to works built in the areas under their respective management, at the proposal of the directors of the provincial/municipal Construction Services.
2. Authorization of the granting of construction permits
The presidents of the provincial People's Committees may authorize the directors of the provincial/municipal Construction Services to directly grant construction permits to works under their competence, unless otherwise stipulated by the Government.
When being authorized to grant construction permits, basing themselves on the practical conditions of each locality, the directors of the provincial/municipal Construction Services shall have to work out a plan on the organization of the construction permit granting, including classifying and demarcating areas, works and locations of works to be granted construction permits, clearly assigning responsibilities to each construction permit-granting agency so that the presidents of the provincial People's Committees can decide the authorization or assignment of responsibility and processing of administrative procedures for the construction permit granting as prescribed by law; regularly reporting to the presidents of the provincial People's Committees on the situation of the construction permit granting in their respective localities.
3. Assignment of responsibility to grant construction permits
The presidents of the People's Committees of provincial cities, towns and districts shall grant construction permits to separate residential houses under private ownership and small-scale works under decisions of the presidents of the People's Committees of the provinces and centrally-run cities and according to the assignment of responsibility of the latter.
The assignment of responsibility for construction permit granting to the presidents of the People's Committees of provincial cities, towns and districts must be based on the actual construction situation of each locality and their capability to organize the implementation thereof; the number and quality of their personnel, the professional qualifications and the capability to prepare bases and conditions for granting construction permits in an elective manner.
When granting construction permits to works under their competence, the presidents of the district-level People's Committees must complete the administrative procedures therefor as prescribed by law and the professional guidance of the provincial/municipal Construction Services.
4. Construction permit granting in Hanoi and Ho Chi Minh cities
For Hanoi and Ho Chi Minh cities, the presidents of the municipal People's Committees shall base themselves on the investment and construction legislation, architecture and planning and the guidance in this Circular to direct the drafting of regulations on the construction permit granting in the area of each city and issue them after consulting the Ministry of Construction.
V. ORDER OF THE CONSTRUCTION PERMIT GRANTING AND INSPECTION OF THE COMPLIANCE WITH THE CONSTRUCTION PERMITS
The order of the construction permit granting and the supervision of the process of compliance of the construction permits shall be as follows :
1. Receipt and classification of dossiers of application for construction permits
The agencies competent to grant construction permits shall have the task of appointing competent and capable officials to receive dossiers of application for construction permits, check their contents and validity then classify and record them into a monitoring book.
When receiving the full and valid dossiers, the dossier recipient must write down their codes into receipt cards, which are signed by the applicants, receive the dossiers and issue a paper stating the date of settlement. The dossier-receiving card shall be made in two copies, one handed to the investor and the other filed at the construction permit-granting agency.
For invalid dossiers, within seven days from the date of receipt of such dossiers, the persons in charge of receiving dossiers of application for construction permits shall directly inform in writing the applicants of the requirements to supplement and complete their dossiers. The investors may request the dossier-receiving officials to clearly explain the requirements and the latter shall have to satisfy such request. The time for completion of a dossier shall not be calculated in the time for dossier reception and processing.
In case of refusal to receive a dossier of permit application, the person who directly receives the dossier of application for the construction permit must issue a written reply, clearly stating the reason therefor, to the applicant.
2. Consulting the concerned organizations
When carrying out the construction permit granting, the construction permit-granting agency may, in case of necessity, make written requests for opinions of the concerned organizations of architecture, planning, land administration, culture, health, technology and environment, fire prevention and fighting, communications and public utilities, defense, etc, and the concerned local People's Committees.
Within 10 days after receiving such written requests, the consulted organizations and individuals shall have to reply in writing to the construction permit-granting agency.
3. Settlement of complaints
When receiving complaints about the construction permit granting, the construction permit-granting agency must appoint competent and capable officials to receive such complaints and issue replies to the investors.
Where an investor still disagrees with the reply of the representative of the construction permit-granting agency, the head of the construction permit-granting agency must meet in person and settle such complaint of the individual or investor; if the investor again disagrees with the proposed solution of the head of the construction permit granting agency, he/she/it may lodge the complaint with the agency competent to settle it as prescribed by law.
4. Examination of dossiers, making decision on the granting of construction permits and collection of fees
Basing themselves on the dossiers of application for construction permits, opinions of the consulted organizations, planning certificate (if any), construction norms and standards and other relevant legal documents, the agencies competent to grant construction permits shall evaluate the dossiers, make field inspection trips so as to decide or refuse to grant construction permits.
A construction permit shall be made in two originals, one granted to the applicant and the other filed at the concerned construction permit granting agencies. In cases of loss of a construction permit, its applicant must inform the construction permit granting agency thereof for consideration of re-granting.
Before handing the construction permit to its applicant, the construction permit-granting agencies shall collect a fee according to the Finance Ministry's regulations.
Before commencing construction, investors shall have to inform the construction permit-granting agencies and the commune authorities of the date of commencement.
If, within 12 months after receiving the construction permit, an investor still does not have enough conditions for building the work, he/she/it must apply for extension. The time of extension shall be 12 months; if, past this time limit, the investor it still unable to build the work, his/her/its construction permit shall become null and void.
5. Inspection and supervision of the compliance with the construction permits
Investors shall have to strictly comply with the provisions in their construction permits.
When there arises a need to amend and/or supplement the contents of his/her/its construction permit, the investor must make an application asking for permission from the construction permit granting agency, which clearly explains the reason therefor and specify the contents to be amended and/or supplemented.
The agency competent to grant construction permits shall consider and decide to amend and/or supplement the construction permit within 10 days after receiving the written explanation of the investor.
When determining the location of a work, the height of its ground floor ±0.00, building the foundation and underground works, the investor shall have to inform the construction permit-granting agency thereof so that the latter can send its officials to make a field inspection at the construction site and certify that the construction of the work is carried out in compliance with the granted construction permit. If, within three days after receiving the written notice from the investor, the construction permit granting agency still fails to send-its official to make a field inspection at the construction site and making certification, the investor may continue building the work. The construction permit-granting agency shall be held responsible for any mistakes caused by its delayed inspection.
For the remaining construction stages, the investor must carry out the construction in compliance with the granted construction permit. Where an investor fails to do so, he/she/it shall be first handled as prescribed by law before he/she/it is allowed to continue the construction.
When the construction of the work is completed, the investor must organize the pre-acceptance test according to the Construction Ministry's Regulation on the quality control of construction works.
Where a work is constructed in variance with the granted construction permit for a plausible reason which has been approved by the construction permit- granting agency on the adjustment, the investor must make a construction completion dossier. The composition of the construction completion dossier is like that of the dossier of application for construction permit, which is only required to contain the drawings on the changes in the actually-built work as compared to the construction permit.
6. Archiving of dossiers of application for construction permits and construction completion dossiers
The construction permit-granting agencies shall have to archive dossiers of application for construction permits and construction completion dossiers so as to closely manage the renovation and construction of works.
VI. ORGANIZATION OF IMPLEMENTATION
1. The presidents of the People's Committees of the provinces and centrally-run cities shall direct the granting of construction permits, ensuring that it is effected in a quick, strict and accurate manner, regularly inspect and take measures to handle and promptly correct any errors and negative acts;
2. The directors of the provincial/municipal Construction, Land Administration or Land Administration-House and Land Services shall base themselves on the provisions of law and the guidance of this Circular to assist the presidents of the People's Committees of the provinces and centrally-run cities in organizing the construction permit granting in their respective localities;
3. The presidents of the People's Committees of the provincial cities, towns and districts, when being assigned to grant construction permits, shall have to streamline the organizational work and prepare all necessary conditions for carrying out administrative procedures for the construction permit granting as prescribed by law;
4. This Circular replaces the Construction Ministry's Circular No.05/BXD-KTQH of September 18, 1996 and Circular No.04/1998/TT-BXD of December 19, 1998 and takes effect 15 days after its signing.
If, in the course of organization of implementation, any problems arise, the branches and localities should promptly report them to the Ministry of Construction and the General Land Administration for consideration and settlement.
MINISTER OF CONSTRUCTION Nguyen Manh Kiem | GENERAL DIRECTOR OF LAND ADMINISTRATION Bui Xuan Son |
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